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Building Awareness and Public Support

Building Capacity for Lead Safety

Collaborations, Partnerships, and Incentives

Financing and Subsidies

Lead Safety and Healthy Homes Standards

Targeting High Risk Homes

Using Code Enforcement and Other Systems

 

 

Appendices

 

 

Building Blocks Full Text [PDF]

 

 

CDC-Funded Childhood Lead Poisoning Prevention Programs

 

 

Produced by the Alliance for Healthy Homes and the Lead Poisoning Prevention Branch of the Centers for Disease Control and Prevention

 

 

 

Centers for Disease Control and Prevention

 


Acknowledgements

 

 

 

 

 

 

 

About Building Blocks | Search Building Blocks for Primary Prevention

Using Code Enforcement and Other Systems

 

Compile State and Local Laws to Expedite Lead Safety

 

Click here for PDF version or MS Word version

 

DESCRIPTION OF THE STRATEGY

State and local jurisdictions can help expedite primary prevention of childhood lead poisoning by disseminating applicable statutes and regulations in a user-friendly reference resource. Effective compilations include information about the full range of local, state, and federal lead poisoning prevention laws and regulations, including those governing lead-safe work practices, lead hazard control, rental property maintenance, and housing code requirements and enforcement mechanisms. This material can be researched, produced, and updated by entities such as health or housing agencies, court system agencies, law schools, or legal services programs. The compilations can take many forms, including bench books for attorneys and judges, and binders for use by health and code enforcement departments, community-based organizations, and property management companies.   

 

BENEFITS

Immediate/Direct Results:  State and local agencies and courts will be able to expedite lead safety in homes and apartment buildings when all relevant laws and regulations are easily accessible.

 

Public Health Benefits:  Another tool will be added to assist state and local jurisdictions stop a cycle where housing units repeatedly poison children.

 

Other Indirect/Collateral Benefits: Statutory and regulatory compilations can make agencies and courts more efficient, saving time, resources, and taxpayer dollars.

 

Scope of Potential Impact

Statewide

City - or - County - Wide

 

PRIMARY ACTOR(S)
KEY PARTNER(S)
Health Department
Housing Agency
or Building Inspection Agency
Judges
Local prosecutors
Other attorneys
Landlords
Law schools/legal services
Community-based organizations

 

CRITICAL ELEMENTS

Staff requirements: Initial compilation of documents can require 50 to 100 hours from an attorney or legal assistant. Maintaining and updating the documents may require nominal time after any policy change is enacted.

 

Other resource requirements: Access to paper and electronic copies of applicable state and local statutes and regulations is critical. Agencies also require search tools to locate these statutes and regulations.

 

Institutional capacity required:   The agency producing the compilation needs staff familiar with state and local lead poisoning prevention laws and regulations. A legal intern could be valuable for this work.

 

Cost considerations: Excluding staff salaries and printing costs, this strategy should be cost effective. Limiting the number of printed copies by making the compilation available online or through e-mail in PDF format can reduce costs.

 

Timing issues: None.

 

Feasibility of Implementation:  High.  

 

Potential Obstacles/Barriers

There are two potential obstacles to this strategy’s success. First, if case law is desired in the compilation, search tools are needed to locate past cases on lead poisoning prevention. Second, staff or interns may lack the time to maintain and update the compilation.  

 

Additional Resources

 

 

 

ILLUSTRATION OF STRATEGY IN PRACTICE

In August 2004, Loyola University of Chicago School of Law presented to the Cook County Housing Court bench book on lead paint poisoning to assist the court in lead hazard control orders and taking other steps to help the county and the City of Chicago prevent childhood lead poisoning. The bench book explains the lead poisoning problem in Chicago and Cook County. It also provides a comprehensive set of lead laws for Chicago and Illinois, lead poisoning prevention case law in Illinois, and important reference appendices.

 

Jurisdiction or Target Area
Cook County, IL, including Chicago

 

Primary Actor

Loyola University of Chicago School of Law; Cook County Housing Court


Staffing utilized

1 FTE (mostly interns) for one to one and a half months.

 

Other resources utilized

Appendix information came from various state and federal agencies, and the Corporation Counsel’s office reviewed the bench book for accuracy and completeness. 

 

Factors essential to implementation

It was essential to find up-to-date information, and to present that information verbatim. The information had to be summarized in an objective, non-judgmental manner to help judges apply the law independent of subjective information and anecdotes, and to allow judges and attorneys to be as efficient as possible by consistently consulting the same edition of lead poisoning prevention and safety laws.

 

Limitations/challenges/problems encountered

There were no significant limitations or challenges producing the bench book for Cook County. However, as Loyola tried to develop bench books for other counties in Illinois, it found it very difficult to: a) to understand the court procedures in some of the other counties; b) identify who could provide information on the procedures and the information included in the Cook County bench book appendix; and c) identify the appropriate people to discuss distribution of the bench books.

 

Magnitude of Impact/Potential Impact

Unknown.

 

Potential for Replication

High.

 

Contact for Specific Information
Anita Weinberg
Clinical Professor and Director
ChildLaw Policy Institute
Loyola University of Chicago School of Law
312-915-6482
aweinbe@luc.edu

 

References for additional information

 

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Attach Property-Specific Lead Hazard Information to Property Deeds
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Conduct Periodic Housing Code Inspections