City of Philadelphia’s New Lead Plumbing Disclosure Requirements

Effective as of March 1st this year, in addition to the requirements regarding lead paint, the City of Philadelphia now requires Landlords to disclose the presence of any known lead plumbing component or lead service lines. Lead plumbing components are defined as any pipe, pipefitting, plumbing fitting, solder, flux or fixture through which drinking water may pass that is not lead-free as defined by the Safe Drinking Water Act, 42 U.S.C. § 300g-6. Lead Service Lines are lines made of lead which connect the water main to the building.

HAPCO has provided the new recommended Lead Addendum to all members, which among other things, contains the required plumbing component and lead service line disclosure. The recommended Lead Addendum is designed to fully comply with the ordinance and limit members’ liability. As the ordinance is written, even a small amount of lead solder would constitute a lead plumbing component under the ordinance. Therefore, the recommended Lead Addendum allows the owner to choose one of two disclosures. The owner states that there may be lead plumbing components or service lines, but the owner is not aware of them, or that the owner is aware and acknowledges them.

The Lead Addendum also addresses the ordinance’s requirements for leases. All new leases must provide tenants ten days to obtain a comprehensive lead inspection and risk assessment from a certified lead inspector. If the inspection reveals lead plumbing components, lead based paint or lead based paint hazards, the tenant has two days from receipt of the inspection report to terminate the lease. In addition, the Lead Addendum also complies with all existing requirements regarding lead paint.

Other documents tenants must receive in addition to the Lead Addendum are the EPA Protect Your Family from Lead in Your Home pamphlet, the Partners for Good Housing, and the new Supplement to the Partners for Good Housing. Members should have all tenants sign an acknowledgment of receipt of all of these documents in addition to signing the Lead Addendum. HAPCO has provided the recommended acknowledgment form to accompany the Lead Addendum on its website.

NOTE: All forms can be found under “Links” once you sign into the HAPCO website with your username and password.

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