Lead information and Regulation
Lead (Pb) is a naturally occurring element found in the Earth's crust, represented with the atomic number 82 and characterized by its soft, silvery white or grayish appearance. It is highly malleable, ductile, and dense, but a poor conductor of electricity. Known since antiquity and used by civilizations such as the Romans for water pipes, lead's durability and resistance to corrosion have made it valuable in various applications. However, despite its utility, lead is toxic to humans and animals, capable of causing a range of adverse health effects, particularly in young children. Exposure to lead can result from ingestion or inhalation of lead dust or particles, and its use has been regulated in many countries due to its toxicity.
Lead is found pretty much everywhere around us – in the air we breathe, the ground we walk on, the water we drink, and even in our homes. A lot of the lead around us comes from things people have done, like using leaded gas in cars a while back, or from some factories and the old lead paint that used to be in many houses. Plus, lead's been used in lots of everyday items like batteries, makeup, and even toys.
This lead can get into the environment when it's used in these ways. For example, old factories or places where lead was mined or smelted can end up putting lead into the soil and water around them. Even though lead's naturally found in soil at levels that are pretty low (between 50 and 400 parts per million), these human activities have bumped up those levels, especially near old industrial or mining sites.
When lead gets into the air, it doesn't just stay there; it can travel long distances and eventually falls down, sticking to the soil. From there, it might seep into groundwater depending on what kind of lead it is and what the soil is like.
Thankfully, there have been a lot of rules put in place to cut down on lead in the air, water, soil, and all sorts of products we use daily. These efforts have really helped make things safer for everyone.
Everyone can be affected by lead exposure, but children and pregnant women are the most vulnerable. Here’s why:
Children: Kids are at a higher risk because their bodies are still growing, which means they absorb more lead compared to adults. Their brains and nervous systems are also more susceptible to lead's harmful effects. Since children often put their hands or other objects into their mouths, they can ingest lead from dust or soil. This is especially concerning with toys that may contain lead paint. Eating and drinking food or water with lead or using dishes that contain lead also pose risks.
Adults and Pregnant Women: Adults aren't immune to lead exposure. They can ingest lead through food, water, or using certain dishes, just like children. Breathing in lead dust, especially in places with deteriorating lead-based paint or during renovation activities in older buildings, increases risk. Jobs or hobbies involving lead, such as stained glass making, also elevate exposure levels. For pregnant women, the concern is even greater as lead exposure can harm the developing baby.
It's crucial for everyone to be aware of these risks and take steps to minimize exposure, especially in homes with older paint or in areas known for higher lead content in soil or water.
Lead exposure can have wide-ranging effects on various parts of the body, impacting nearly every organ and system. The consequences of lead exposure are particularly severe for children under six and pregnant women.
For Children: Even small amounts of lead in a child's bloodstream can lead to significant health issues, including:
Cognitive and Behavioral Issues: This includes problems with learning, attention, and behavior, potentially resulting in a lower IQ and hyperactivity.
Physical Growth: Lead exposure can slow down a child's growth and development.
Hearing Problems: It may affect a child's hearing capability.
Blood Production: Lead can interfere with the body's ability to produce healthy blood, leading to conditions like anemia.
In extreme cases, high levels of lead exposure can lead to life-threatening conditions such as seizures, coma, or death.
For Pregnant Women: Lead poses a particular risk during pregnancy because it can be stored in the bones and released into the bloodstream along with calcium. This can have several harmful effects:
Developmental Issues for the Fetus: It may cause the baby to be born prematurely or with a low birth weight and can harm the baby’s brain, kidneys, and nervous system.
Behavioral and Learning Problems: There's an increased risk of the child developing learning or behavioral issues.
Health Risks for the Mother: There's also an increased risk of miscarriage for the mother.
Lead accumulates in the body over time, so even adults can suffer from its long-term exposure, which may result in hypertension, kidney damage, and reproductive problems in both men and women. It's crucial for individuals, especially those in vulnerable groups, to minimize their exposure to lead and for pregnant women to seek medical advice to mitigate these risks.
Lead Regulation
Lead Law,
Bill No. 100011-A
Bill No. 100011-A is a legislative measure enacted by the City of Philadelphia to amend its existing regulations concerning lead paint disclosure and certification in residential properties. Specifically, it targets Chapter 6-800 of The Philadelphia Code, titled "Lead Paint Disclosure," as well as Chapter PM-102.0, titled "Licensing," which pertains to the conditions for receiving a housing inspection license. The bill's primary aim is to enhance protections against lead exposure for tenants, especially in older buildings constructed before 1978, which are more likely to contain lead-based paint and pose health risks.
The ordinance mandates that landlords provide a certification that their property is either "lead free" or "lead safe" before entering into or renewing lease agreements for targeted housing, i.e., residential properties built before March 1978. This certification must be based on inspections conducted by certified lead inspectors and be no more than 24 months old at the time of leasing for "lead safe" properties, or performed at any time for "lead free" properties. The law also requires landlords to disclose the presence of lead-based paint or hazards in these properties before a lease is signed, using either the results of a comprehensive lead inspection or a standard disclosure form provided by the Philadelphia Department of Public Health.
Furthermore, Bill No. 100011-A updates the requirements for obtaining a housing inspection license, conditioning its receipt and annual renewal on the landlord's compliance with the lead safety certification requirements. Landlords must identify each unit that has entered into a new lease in the preceding 12 months and certify compliance for each of these leases.
Bill No. 100011-A provides for several remedies and penalties in cases of non-compliance. These include damages, injunctive relief, attorney’s fees, exemplary damages, and rent abatement for tenants, as well as fines ranging from $2,000 - $250,000 per offense for landlords. Each day of non-compliance is considered a separate offense, underscoring the city's commitment to enforcing these regulations strictly.
What is Lead Safe?
The term "lead safe" refers to a condition or status indicating that a property has been evaluated and found to meet specific criteria that minimize the risk of lead exposure to occupants. This concept is crucial in the context of residential properties, particularly those built before 1978 when lead-based paint was widely used. The standards for what constitutes "lead safe" can vary by jurisdiction, with the Environmental Protection Agency (EPA) and local entities such as the City of Philadelphia setting their own specific benchmarks.
Philadelphia Standards
The City of Philadelphia has adopted its own set of standards that are more stringent than the EPA's, reflecting a proactive approach to lead safety and public health protection. In Philadelphia, for a property to be considered "lead safe," lead levels must not exceed:
Window Sills: Less than 250 micrograms per square foot (μg/ft2).
Floors: Less than 40 micrograms per square foot (2μg/ft2).
EPA Standards
The EPA has established national standards for lead in residential properties to help protect public health, especially the health of children who are most vulnerable to the harmful effects of lead poisoning. According to the EPA, a property is considered "lead safe" when lead levels in the property do not exceed the following thresholds:
Window Sills: Lead levels must be less than 100 micrograms per square foot (μg/ft2).
Floors: Lead levels must be less than 10 micrograms per square foot (μg/ft2).
Implications of "Lead Safe" Standards
Being "lead safe" does not necessarily mean that a property is entirely free of lead-based paint or lead hazards. Instead, it signifies that the property has been sufficiently controlled or treated to reduce the risk of lead exposure to safe levels according to regulatory standards. This involves implementing specific safety measures, such as stabilizing deteriorating paint, improving maintenance practices to reduce lead dust, and sometimes, conducting more comprehensive lead abatement to remove or permanently enclose lead-based paint hazards.
For landlords, property managers, and homeowners, achieving and maintaining "lead safe" status is critical for complying with legal requirements, protecting tenants and residents from potential health risks, and ensuring a safer living environment. For tenants, living in a "lead safe" property provides a measure of assurance that precautions have been taken to minimize their exposure to lead hazards.
Steps for lead-safe certification.
Hiring a Certified Lead Inspector
Engage a Certified Lead Inspector: The first step is to hire a professional who is certified to conduct comprehensive lead inspections and risk assessments. These inspectors are trained and certified by relevant authorities, such as the Philadelphia Department of Public Health, the Commonwealth of Pennsylvania, or the Environmental Protection Agency (EPA), and are qualified to identify lead hazards in residential properties.
Conducting the Inspection and Risk Assessment
Inspection and Risk Assessment: The certified lead inspector will conduct a thorough examination of the property, including tests for lead in paint, dust, and soil. This involves:
Visual Inspection: Looking for signs of deteriorated paint or potential lead sources.
Sampling: Taking samples of paint, dust, and soil from various parts of the property for laboratory analysis to determine the presence and concentration of lead.
Interpreting Results and Taking Action
Reviewing Results: After the inspection and testing, the inspector will provide a report detailing the findings. If lead hazards are identified, the report will recommend measures to mitigate these risks.
Mitigation and Repairs: To meet "lead safe" standards, any identified lead hazards must be addressed. This could involve specialized cleaning to remove lead-contaminated dust, repairing or replacing deteriorated paint surfaces using safe work practices, and addressing lead in soil, if applicable.
Certification of Lead Safety
Certification: Once the necessary corrective actions have been completed, the property may be re-evaluated to ensure all hazards have been adequately addressed. If the property meets the required standards, the inspector can issue a "lead safe" certification, indicating the property is free from significant lead hazards. This certification is valid for 24 months from the date of issue for the purposes of leasing the property under the terms of Bill No. 100011-A.
Compliance and Documentation
Documentation and Compliance: Property owners must maintain records of the lead safe certification and provide copies to tenants and the Philadelphia Department of Public Health as required by the ordinance. This ensures transparency and compliance with the city's regulations aimed at reducing lead exposure risks.
Meeting "lead safe" standards is a critical step in protecting the health and safety of tenants, especially children, by minimizing their risk of lead exposure. This process underscores the importance of proactive property management and adherence to public health guidelines and regulations.
What is “Lead Free”?
A "lead free" property is one where interior and exterior surfaces, as well as the soil on the property, do not contain any detectable lead-based paint or lead contamination. This status indicates that the property poses no risk of lead exposure to occupants, making it the most comprehensive safeguard against lead poisoning, particularly for children who are highly susceptible to the adverse health effects of lead.
To test a house and achieve "lead free" certification, property owners must undertake a series of steps, generally outlined as follows:
Hiring a Certified Lead Inspector
Engage a Certified Lead Inspector: The process begins with hiring a professional certified by the Philadelphia Department of Public Health, the Commonwealth of Pennsylvania, or the Environmental Protection Agency (EPA) to perform lead inspections. This inspector must be qualified to carry out a more exhaustive evaluation than what is typically required for "lead safe" certification.
Conducting Comprehensive Inspection and Testing
Comprehensive Lead Inspection: The certified lead inspector conducts a detailed inspection of the entire property, utilizing X-ray fluorescence (XRF) analyzers or collecting samples of all painted surfaces, dust, and soil to be analyzed in a laboratory for lead content.
Laboratory Analysis: Unlike the "lead safe" inspection, which may focus on areas of deterioration or risk, a "lead free" certification requires confirming the absence of lead in all tested materials and areas.
Achieving Lead Free Status
No Detectable Lead Found: If the inspection and testing reveal no detectable lead in the paint, dust, and soil, the property can be classified as "lead free." This status indicates a complete absence of lead-based paint hazards, which is more stringent than merely managing or minimizing risks.
Certification and Documentation
Issuance of Lead Free Certification: Upon verifying that the property is devoid of lead, the certified inspector can issue a "lead free" certification. Unlike the "lead safe" certification, which is valid for 48 months, a "lead free" certification does not have an expiration date under Bill No. 100011-A, as it confirms the permanent absence of lead hazards.
Maintaining Records: Property owners are required to keep documentation of the "lead free" status and provide this information to current and prospective tenants, ensuring ongoing compliance with the ordinance's requirements.
Achieving and maintaining a "lead free" status represents the highest standard for preventing lead exposure in residential properties and offers peace of mind to tenants about their living environment's safety.
Lead-Free / Safe Exemptions
Every landlord must either provide a "lead safe/lead free" certification for their rental units or submit an "EXEMPTION FORM" if their property is considered exempt from lead testing. The key factor determining exemption is not renovations or the presence of a basement but strictly the original construction date of the property.
If your property was originally built after March 1978, it qualifies for an exemption from lead testing. This is because construction practices and materials changed around that time, significantly reducing the likelihood of lead-based paint being used. For these properties, while lead testing is not required, landlords are still mandated to submit an exemption form to comply with city regulations.
On the other hand, if your property was built before or during March 1978, it does not qualify for the exemption. This applies regardless of any renovations or updates that may have been done to the property, including the basement. The critical point is the original construction date. Properties built during this period are more likely to contain lead-based paint, hence the requirement for lead testing to ensure they are either "lead safe" or "lead free."
Frequently Asked Questions
Q: Why was there a need to update the lead legislation? A: The update is essential because even low levels of lead exposure can cause severe, lifelong cognitive and behavioral issues in children. The revised law aims to mitigate lead poisoning risk in children by requiring landlords to ensure their rental properties are certified as either lead-safe or lead-free, addressing the health hazards posed by deteriorating lead-based paint and dust.
Q: What were the lead certification guidelines before the recent update? A: Prior to 2022 Philadelphia required landlords of pre-March 1978 properties to obtain lead-safe or lead-free certifications if a child six years old or younger lived there, with certain exemptions. Now everyone is required to get certified regardless if children are living in the house.
Q: What do the new regulations specify? A: Starting October 1, 2022, All landlords must obtain a lead certificate for acquiring or renewing their license, irrespective of the tenant's age.
Q: How long are the lead-safe and lead-free certificates valid? A: Lead-safe certificates are now valid for four years, while lead-free certifications hold indefinite validity, effective from February 1, 2020.
Q: How can landlords obtain these lead certificates? A: Inspections must be conducted by EPA-certified companies or individuals to issue either type of certificate. The city’s website lists certified entities available for this purpose.
Q: Are DIY lead testing kits acceptable for certification? A: No, lead testing for certification purposes must be conducted by a Pennsylvania certified Risk Assessor or a Lead Dust Sampling Technician.
Q: Are there any exemptions to the lead testing requirement? A: Yes, properties built after February 1978 and certain educational housing are exempt from lead testing.
Q: What specific inspections and tests are required for certification? A: Certification requires dust wipe inspections to check for lead dust hazards and a comprehensive evaluation for a lead-free status, in accordance with EPA/HUD standards.
Q: What happens if a property fails the lead test? A: Properties that fail must be remediated by a certified renovator and retested to meet the required standards.
Q: How can landlords find qualified contractors for lead hazard remediation? A: The EPA website offers a list of contractors certified in lead hazard remediation.
Q: Do tenants need to sign the lead certificate? A: Tenants are not required to sign the certificate, but they must receive a copy when signing the lease.
Q: How should landlords handle tenant refusal for lead testing? A: Landlords should notify tenants in writing about the testing, and send proof of this notification to the Health Department.
Q: What are the consequences for landlords who do not comply? A: Non-compliant landlords cannot renew their rental licenses and may face legal action and fines.
Q: When must lead certificates be submitted for rental license renewal? A: Landlords in certain areas are required to submit valid lead certificates by specified deadlines for rental license renewal.
Q: How are lead certificates submitted? A: Lead certificates must be submitted online through the city’s portal, with support available for those needing assistance.
Q: What is the validity of existing lead certificates? A: Certificates issued before a certain date remain valid for two years, while those issued afterward are valid for four years.
Q: Can landlords conduct the lead tests themselves? A: Landlords who are certified as Lead Dust Sampling Technicians or Risk Assessors may conduct the tests.
Q: Are rebuilt homes exempt from needing certification? A: Rebuilt homes still need certification unless they were constructed after February 1978.
Q: What are the certification requirements for multi-unit buildings? A: Each unit in a multi-unit building requires its own lead safe or lead free certification.
Q: How does certification work for single condominiums? A: Individual units in multi-unit buildings can be certified as lead free, provided the common areas also pass lead tests.
Q: Does changing EPA dust wipe threshold levels affect lead safe certification? A: The EPA's updated dust wipe threshold levels do not change the clearance levels for obtaining a lead safe certification.
Q: What regulations apply to family childcare facilities regarding lead? A: Family childcare facilities also need to conduct dust wipe tests and obtain certification to ensure a lead safe environment.
Q: How does the Public Health Department verify a property's construction date as post-1978?
A: The Philadelphia Office of Property Assessment (OPA) website is utilized by the Public Health Department to confirm a property's construction date. The website can be accessed here: Philadelphia OPA.
Q: What is considered "built after March 1978"? Does a gut renovation qualify a property for exemption, or does this only apply to properties constructed from scratch after this date? How must landlords validate this?
A: A property is considered built after March 1978 if its construction from the ground up occurred after this date. Gut renovations, where all interior walls are removed, do not qualify for exemption since parts of the structure, like beams, may still contain lead. For a property to be exempt, it must be a new construction post-1978, and landlords are required to obtain lead safe/lead free certification to prove it.
Q: What methods are available for submitting the exemption form to the Public Health Department?
A: Landlords can submit the Exemption form through fax, mail, or online. The online submission portal, which also helps determine if certification is necessary, is available at Lead Certification Portal.
Q: How are landlords informed about the approval of their exemption form by the Public Health Department?
A: Although the Public Health Department does not send out confirmation letters for exemption form approvals, landlords who submit their information through the online portal will receive notification via the Public Health Department’s "Leadcert admin e-mail."
Q: How will the Department of Licenses and Inspections (L&I) be updated about a property’s exemption to enable a landlord to secure their rental license?
A: The Lead Health Home Program (LHHP) system integrates with eClipse to inform L&I once a landlord has submitted all required documentation, facilitating the process for obtaining a rental license.