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DESCRIPTION OF THE STRATEGY
In order to provide the clearest legal basis for code officials to confront lead hazards, local and state codes should state explicitly that deteriorated lead-based paint and dangerous levels of lead in dust and bare soil constitute violations of the housing or health code. Specifically referencing lead hazards in the housing or health code will alert enforcement officials and property owners alike that such hazards constitute code violations and must be corrected. The code can explicitly incorporate EPA’s national standard for dangerous levels of lead in paint, dust, and soil that state and local jurisdictions can reference.
BENEFITS
Immediate/Direct
Results:
Enforcement officials have the authority to mandate repair or abatement and cite property owners who fail to comply.
Public Health
Benefits:
Children are protected from exposure because hazards are addressed on a pre-emptive basis.
Other
Indirect/Collateral Benefits:
With the prospect of enforcement and fines, some property owners may be motivated to repair their property before problems occur.
Scope of Potential Impact
Statewide City - or - County - Wide
PRIMARY ACTOR(S)
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KEY PARTNER(S)
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Inspection, Code, or Building Agency
| State or local legislators
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CRITICAL ELEMENTS
Staff
requirements:
Since adding lead hazards supplements existing code enforcement programs’ authority, no additional staffing would be needed.
Other resource requirements:
Institutional
capacity required:
The initial requirement is local or state legislation that names deteriorated lead-based paint and dangerous levels of lead in dust and bare soil as code violations. Implementation requires training for code staff in the identification of lead hazards and certification to become lead sampling technicians, lead-based paint inspectors, or risk assessors.
Cost
considerations:
None identified.
Timing issues:
None.
Feasibility of
Implementation:
High. Adding lead hazards to the housing code is not difficult to implement.
Potential Obstacles/Barriers
The strategy has limited usefulness if local jurisdictions do not have the budget or staff to investigate and enforce violations.
Additional Resources
1. | EPA Section 403, 15 U.S.C. 2683 (40 CFR 745) |
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