Where did the Norristown Lead Law come from?

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 to protect families from exposure to lead from paint, dust, and soil. HUD and EPA require the disclosure of any known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

What does "lead safe" mean?

A certification that a property is lead safe means that a certified lead dust sampling technician or a licensed lead inspector-risk assessor has: 1) determined the property is free of deteriorated, flaking, chipping, peeling, chalking or not-intact paint, and 2) interior dust samples were collected, tested, and found not to contain hazardous levels of lead-contaminated dust.

What does "lead free" mean?

A certification that a property is lead free means that a technician used a XRF device to measure the levels of lead in all walls, floors, common areas (living room, dining room, kitchen, bathroom, etc.) and determined that all surfaces were free of lead. This test is used primarily in newer or completely (basement to roof) renovated properties. It requires comprehensive level of certification that also includes any public areas (hallways, laundry rooms, stairwells, basements, etc).

Under the new lead law, when do I need to get my property lead certified?

Norristown has implemented a requirement that ALL properties are to be certified starting starting January 1st, 2022 and must be completed and reported to the Norristown Department of Buildings & Code Compliance by December 31st, 2022

Do I need to obtain a lead certificate for my property before I get or renew my rental license?

Yes, Norristown is now requiring that you have already obtained a certification prior to you renewing your rental license. Additionally, if your license is due to be renewed, you will not be able to renew it without having submitted your certificate and laboratory results to the Norristown Department of Buildings & Code Compliance for their review and approval.

In addition, you are required certify on the annual rental license application that you have complied with the law’s requirement and have obtained a lead certificate. If you misrepresent this information, your rental license may be terminated, and you can face significant fines.

Does the law apply to ALL rental properties?

Yes. The new law now applies to ALL rental properties (unless a property was built after 1978). A majority of properties in Norristown were built before 1978.

How long does the lead safe certificate last?

The certificate lasts 3 years.

How does the lead process work?

The following steps are taken:

1. VISUAL INSPECTION
   A certified lead dust sampling technician will visually check the condition of the paint inside the residence to determine the property is free of deteriorated, flaking, chipping, peeling, chalking or paint that is not intact.

2. COLLECTION OF SAMPLES
   The technician will take dust wipe samples from every bedroom (1 window sill and floor) and one living area (living room, dining room, etc.) 

3. RESULT ANALYSIS
   The samples are analyzed by an EPA certified testing facility to determine whether the sample contains hazardous levels of lead-contaminated dust. 

4. LEAD CERTIFICATE/REPORT ISSUED
   Client receives results from inspection. Results are available within 10 business days, but may be expedited upon request.  

How will the Norristown Department of Buildings & Code Compliance determine that a property was built after 1978?

The Norristown Department of Buildings & Code Compliance will use the records within Montgomery County property deed history to determine the date the property was built.

How do you define "built after 1978? Does this mean that if a property was "gutted" (all interior walls removed) that it is exempt or only for buildings that were built from the ground up?  How will a landlord need to prove this?

Even if the property was gutted and reconstructed, the Department of Buildings & Code Compliance is requiring the landlord to get the lead safe/lead free certification because beams and certain parts of the home could still have lead. If the property is new construction, physically built after 1978 from the ground up, you do not need to certify it. 

How do I submit the results to the Norristown Department of Buildings & Code Compliance?

Results can be submitted via Email to leadcert@norristown.org

Do tenants know about this law?

Yes. The law is being communicated through notifications on the Norristown Department of Buildings & Code Compliance website.

Are tenants using this law to their advantage?

Yes, some tenants are not paying rent knowing that the landlord can’t evict them in court.

How does Norristown know if a landlord is compliant with the lead law?

The Department of Buildings & Code Compliance has a list of all rental properties. They are cross-checking this list to the lead safe certificates that are being filed by landlords. Many landlords are already receiving letters from the Department of Buildings & Code Compliance regarding missing certificates. 

If I have a tenant eviction and an I haven't filed a certificate, can I still evict the tenant?

No. The judge will not hear your case unless you have a “lead certificate”. If this does happen, call us and we can work with your attorney to try get your property certified.

What happens when I get a new tenant (within 3 years of my original lead safe certificate being filed), do I have to get a lead safe test?

No, you don’t need to re-test your property and your certificate is transferrable.

Do I need a new certificate when I renew their lease?

No. The Law applies at the time of tenant turnover, when a new tenant takes occupancy, not when an existing tenant continues occupancy.

What happens if my tenant won’t allow me access to do the lead test?

If your tenant is not cooperating with you (as a means to avoid eviction or paying rent), we will arrange to obtain a lead test by visiting the property.  If during our visit, the tenant will not allow us access, we will provide you the necessary documents for your attorney to perform the eviction and will be available for your court hearing to provide proof of our attempt to test your property.

Does painting over lead based paint make it safe?

Yes, if the walls, sills or floors are in good condition, then painting over them will form a barrier against the toxins in the lead paint. It's applied over the lead-based paint as a sealant to prevent paint chips or dust from being breathed in or escaping.

Why do “Lead Safe” versus “Lead Free”?  

Although “Lead Free” certifications will give you a lead certificate for the life of the building (they don’t need to be renewed every 4 years), the “Lead Free” certification process is a much more rigorous and tests every part of the house (Lead Safe only tests a window sill and floor).  

As a result, unless your property was completely renovated (all new floors, walls, cement, etc.) paying for a “Lead Free” test may result in your property failing the test (at your cost).  A “Lead Safe” certification (although requiring renewal every 3 years) may be a better investment (as they are cheaper to do).  

How can I learn more about lead?

See EPA link: Learn about Lead | US EPA

Does a Child Care Facility need to be tested for lead?

Yes, Per the lead law all child care facilities have to be tested within 6 months of applying for certificate of occupancy.

Are there steps the landlord/property manager should take before the appointment?

Please ensure that you repair all visible cracked, peeling, flaking, chalked, or deteriorated paint. In addition, the technician will take dust samples from the window sills and floors (in each bedroom and one living area). Please ask your tenant to remove any debris in those areas and if possible cleaned before testing.

Are you EPA certified?

Yes, Lead Testing Services, LLC is EPA certified.