Lead-Based Paint / Mold / Radon Guidelines
Lead Paint Requirements, Do You Know The Law?
When selling, leasing, or renovating a property you must provide the buyer or tenant with the proper lead paint warning booklets, and include the addendums in your sale or lease agreements.
Both the Federal government and the City of Philadelphia's Lead Paint laws are similar. The only difference arises in the language contained in the lead warning statement for a leased property. The federal law, (pg. 14 of EPA Document, section 3) considers the lead warning statement that contains the language referring to purchaser to cover both purchase and lease. However, the Philadelphia law has a separate statement for lease, which simply changes the word “purchaser” to “lessee”. (Pg. 297 Health Code). It is the same statement but only one word is changed. The federal law is a strict all-inclusive piece of legislation, and more practical for Realtors and consumers to follow.
The federal law allows any state or municipality to have its own standards, with the caveat that it does not" under regulate," meaning that local regulations cannot be less strict than the federal mandate. When doing business in Philadelphia you are required by law to use both a federal and city form. The Commonwealth of Pennsylvania does not have a state regulation requiring the use of a state form.
Lead Paint Law Violations:
Federal – $10,000 fine and/or up to one year on prison.
Philadelphia - $300 fine and/or imprisonment of no more than 90 days.