Lead paint disclosure in Pennsylvania

The federal lead disclosure rule covers most housing built before 1978, whether the home is being sold or rented. If a seller or landlord knows about lead-based paint or a lead hazard, they have to tell you. They also need to share whatever records they have and provide you with the EPA's lead pamphlet.

Every contract or lease has to contain a Lead Warning Statement too. It's a standard paragraph that spells out the dangers lead paint poses in older houses. If you're the buyer, you're given 10 days to get the home checked for lead.

The Real Estate Seller Disclosure Law requires a home seller to list any material defects they know about on a property disclosure statement. That statement is a written form where the seller lays out the home's condition. Before the sales agreement gets signed, the buyer must receive a copy that the seller has signed and dated.

The law covers homes of every age, not just pre-1978 ones. So even where the federal rule doesn't apply, the state form can still bring up lead questions.

The State Real Estate Commission drafts the form, and the law says it has to address hazardous substances. On the Commission's form, the seller answers whether they know of hazardous substances, lead paint among them. The form also asks if the property has ever been tested.

There's a plumbing question on the same form. The seller checks off which type of plumbing the home has, and lead appears as one of the options, so you'll know if they're reporting lead pipes.

Not every sale requires the state form. Some sales don't fall under the state disclosure law at all. A sale by a fiduciary is one example. A fiduciary is someone legally responsible for another person's property, such as in an estate, guardianship, conservatorship, or trust.

New construction that has never been occupied is also exempt. To count, the home must come with a written warranty of at least 1 year, pass a code inspection, and have a certificate of occupancy. Keep in mind that a pre-1978 home is still covered by the federal rule even when the sale is exempt.

Yes, landlords of most pre-1978 homes fall under the federal rule. They must disclose any known lead paint or hazards, share their records and the EPA pamphlet, and put the Lead Warning Statement into the lease.

Older rentals are easy to find in the state. Pennsylvania has 1,647,768 rented homes, and 1,128,589 were built before 1980. That's 68%. The Department of Health tells landlords that a Pennsylvania-certified inspector is the only one who can confirm whether a rental contains lead paint.

Philadelphia's rules reach further than anywhere else in the state. Before signing a new or renewed lease, a landlord must have the rental tested and certified lead-safe or lead-free. That requirement also applies before a rental license is issued or renewed. It doesn't matter how old any child in the home is.

The landlord then uploads the certificate into the City's Lead Certification Submission System.

Abatement is the work of permanently removing lead paint hazards or sealing them off. Under Act 44 of 1995, anyone doing abatement in pre-1978 housing, or in housing where children under 6 live, must hold certification from the Department of Labor and Industry.

That Department must hear about the work at least 5 days before it starts, unless it's an emergency.

Every blood lead test result for a child under 16 in Pennsylvania goes to the Department of Health as a mandatory report.

In Philadelphia, when a child's blood lead level hits 3.5 or higher, the city's Lead and Healthy Homes Program inspects the home. The program gives the owner 30 days to fix lead hazards. An owner who ignores the order can end up in Lead Court facing fines of $2,000 to $250,000.