NORRISTOWN LEAD LAW
What is the Lead Law?
Norristown recently enacted a new lead law which now requires ALL rental properties to have “Lead Safe or Lead Free Certificates” filed with the Norristown Department of Buildings & Code Compliance starting January 1st, 2022. Landlords are required to:
Certify the property is lead safe or lead free.
Submit the certificate to the Norristown Department of Buildings & Code Compliance
Link to Lead Law
What is “Lead Safe” and how do we test for it?
The term “Lead Safe” refers to paint that may show trace amounts of lead, but no more than the established federal safety limits.
The EPA has established a range of limits to be “lead safe” for which the Norristown Department of Buildings & Code Compliance has adopted for validation.
For each property, the requirement is to test (via a swab-like a hand wipe) the windowsill and floors in each bedroom, as well as window sills and floors in one common area (living room, dining room, etc.). This test is sent to our certified laboratory.
Our laboratory issues an independent report summarizing the results which is to be submitted to Norristown Department of Buildings & Code Compliance with your “lead safe” certificate.
What is “Lead Free” and how do we test for it?
A certification that a property is "lead free" means that our technicians have 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 a comprehensive level of certification that also includes any public areas (hallways, laundry rooms, stairwells, basements, etc).
What Landlords Need to Know
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The Norristown Lead Poisoning Prevention & Lead Hazard Control Ordinance applies to any landlord who rents a property in Norristown that was built before 1978. Beginning January 1, 2022, rental units will have to certify as lead-free or lead-safe.
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Landlords must have their rental property inspected for lead paint/dust and obtain a Lead-Free Certificate or Lead-Safe Certificate for their rental property. All rental properties in Norristown are required to be inspected and certified as lead free or as lead safe regardless of a child residing in the property. All new rental properties must be inspected and certified as lead free or lead safe prior to the issuance of a new rental license and all existing rental properties must be inspected and certified as lead free or lead safe prior to renewing their rental license.
The landlord is required to send the Department of Buildings & Code Compliance a copy of the lead-free certificate along with the XRF testing results / inspection report or a copy of the lead-safe certificate along with the dust wipe sample test results.
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All new rental properties must be inspected and certified as lead free or lead safe prior to the issuance of a new rental license and all existing rental properties must be inspected and certified as lead free or lead safe prior to renewing their rental license. If you do not comply you will not be able to receive a new rental license or renew your existing rental license.
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A landlord who does not comply with this ordinance can be subject to fines under Municipal Code including but not limited to being denied a new rental license or the renewal of an existing rental license.
What Realtors Need to Know
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The Norristown Lead Poisoning Prevention & Lead Hazard Control Ordinance applies to any property in Norristown that was built before 1978. Beginning January 1, 2022, property transfers will have to certify as lead-free or lead- safe.
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For all structures that are subject to the property transfer inspection process, a lead paint inspection shall be performed within six months of the property transfer and the corresponding lead inspection report (passed or failed) shall be submitted as part of the real estate transfer inspection process.
Property owners must have their structure inspected for lead paint/dust and obtain a Lead-Free Certificate or Lead-Safe Certificate for their property or submit a failed lead inspection report as part of the real estate transfer inspection process. All properties are required to be inspected and certified as lead free or as lead safe regardless of a child residing in the property.
The property owner and/or their authorized agent is required to submit to the Department of Buildings & Code Compliance a copy of the lead-free certificate along with the XRF testing results / inspection report or a copy of the lead-safe certificate along with the dust wipe sample test results at the time of the property transfer inspection. If the property does not qualify for a lead-free certificate or a lead-safe certificate, the failed lead paint inspection report must be submitted to the Department at the time of the property transfer inspection so that it can be recorded on the inspection report that the property failed its lead inspection.
If a Licensed Pennsylvania Lead Inspector / Risk Assessor or an EPA Certified Lead Dust Sampling Technician determine that a Lead-Free or Lead-Safe Certification cannot be issued due to the need to perform renovations, repairs, or painting to reduce lead-based paint hazards or abatement activities to eliminate lead-based paint hazards, such findings shall not constitute a substantial violation as defined in Chapter 128 of the Municipal Code (relating to change of use and occupancy) but shall be considered a violation for purposes of issuing a temporary certificate of occupancy and therefore providing the property owner the same time in which to take appropriate measures to obtain a Lead-Free Certification or Lead-Safe Certification and provide to the Municipality such certification and report.
Please note that failure to submit a lead paint inspection report does constitute a substantial violation.
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Submit to the Department of Buildings & Code Compliance a copy of the lead-free certificate along with the XRF testing results / inspection report or a copy of the lead-safe certificate along with the dust wipe sample test results or a copy of the failed lead paint inspection report to the inspector at the time of the property transfer inspection.
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A property owner who does not provide a passed or failed lead paint inspection report as part of the property transfer inspection process can be subject to the fines and penalties under Municipal Code.