Cleveland Ordinance
Establishes New Lead Safety Rules and Incentives for Property Owners
The Cleveland City Council passed a new lead-based paint
ordinance on August 11 that, among other provisions, makes lead paint hazards
in residences, schools, and day care facilities a “nuisance” subject
to city code enforcement; establishes city lead hazard disclosure requirements
and penalties; creates a property certificate program as an incentive for property
owners to eliminate lead hazards; and allows the city to regulate exterior paint
removal through their permitting process for most pre-1978 properties.
The law makes lead paint hazards (as defined in state regulations)
in residences, schools, and day care facilities a “nuisance” under
city code, which empowers the city environment commissioner to require the property
owner to immediately control the hazards. If the owner fails to act, the commissioner
can send a contractor to abate the hazard and assess the costs to the owner
by placing a lien on the property.
The ordinance also incorporates the federal lead hazard
disclosure law into city code. It gives individuals harmed by the property owner
the ability to recover triple damages, and it authorizes nonprofit groups to
pursue damages on behalf of individuals. The ordinance also gives the Cleveland
Department of Public Health authority to pursue criminal penalties (up to $5,000
per violation) against property owners who fail to distribute the EPA lead hazard
information pamphlet, disclose the known presence and location of any lead-based
paint or hazard, or fulfill other duties under the federal lead hazard disclosure
law.
In addition, the ordinance includes a voluntary certificate incentive program
for property owners. With proof of a lead inspection, owners of property built
before 1978 can obtain a Lead-Free Certificate, granting the owner the legal
presumption that the property is free from lead-based paint and lead hazards.
For property constructed before 1950 that meets the Essential Maintenance Practices
requirements defined in state law, owners can obtain a Lead-Safe Maintenance
Certificate which states that the property does not contain a lead hazard but
is not certified as lead-free. To obtain either certificate, property owners
must meet stringent inspection requirements, and they must abide by all disclosure
provisions in order to retain their certificates. Lead-Free Certificates are
valid unless they are revoked by the city; Lead-Safe Maintenance Certificates
must be renewed annually. Both types of certificates transfer with property
ownership, but the new owner must notify the city, pay a small fee, and comply
with all the conditions for maintaining the certificate.
The law also requires city permits for residential interior
or exterior lead hazard abatement projects and for exterior lead paint removal
in pre-1978 housing, except for owner-occupied properties under certain conditions,
housing exclusively for seniors or persons with disabilities, and zero-bedroom
units. Both the city environment department and the city code enforcement agency
are given authority to issue stop work orders if a permit has not been obtained
or if work is not being done in compliance with state lead safety standards
and methods. For the full text of the Cleveland ordinance, see www.ehw.org/Lead/documents/finalleadordinance.pdf.
Jacobs Cleared
of Charges, Shuffled Aside
HUD Secretary Alphonso Jackson has formally notified Dave
Jacobs, Director of the Office of Healthy Homes and Lead Hazard Control (OHHLHC),
that Jacobs is not being removed from federal service. However, Secretary Jackson
has reassigned Jacobs to a special assistant post in the Office of Community
Planning and Development. Under federal personnel rules, senior executives have
no grounds to appeal such reassignments.
In April, Secretary Jackson notified Jacobs of his intent
to fire him for cause. Jacobs refuted each of the charges in a point-by-point
rebuttal. More than 60 individuals spanning a broad spectrum—state and
local agency staff, grantees, parents, community leaders, and experts in the
field—wrote personal letters to Secretary Jackson to express their confidence
in Jacobs’ ability to balance public health and affordable housing goals
and their support for his continued leadership of the OHHLHC.
Jacobs is widely credited with many of the gains made at
HUD and nationally during his nine-year tenure as Director of the OHHLHC. Secretary
Jackson’s decision vindicates Jacobs but relegates the country’s
leading expert on lead poisoning prevention and healthy homes to a staff assignment
in another office.
The Alliance salutes Dave Jacobs’ unflagging commitment
to protecting children from lead poisoning and other housing-related health
hazards. The Alliance urges HUD and Congress to ensure that the OHHLHC has the
leadership, staff, and resources to achieve the national goal of ending lead
poisoning by 2010 and protecting children from other health hazards in their
homes.
FDIC Proposal Would
Undercut Investments in Low-Income Housing
In 1977, Congress enacted the federal Community Reinvestment
Act (CRA) to prevent discriminatory practices by lenders and promote private
investment in low-income communities. CRA has helped advocates leverage billions
of dollars in resources for affordable housing over the past two and a half
decades. In some cases, CRA has been used to convince banks to create discounted
financing programs specifically for lead paint and other health-related repairs.
Now, federal bank regulators are proposing new rules to weaken CRA by relieving
some mid-sized banks of their obligation to provide investments and services
in low-income areas.
On August 20, the Federal Deposit Insurance Corporation
(FDIC) proposed raising the asset threshold from $250 million to $1 billion
in assets for "small banks." This change would exempt approximately
2,000 FDIC-insured institutions from CRA’s more stringent exams. Today,
banks with assets of more than $250 million must illustrate the distribution
of their loans by geography and income and demonstrate that they provide both
services and investments that benefit low- and moderate-income households and
neighborhoods in their communities.
According to the National Community Reinvestment Coalition,
changing the "small bank" definition will allow the banks, with total
assets of more than $754 billion and branches in more than 18,800 communities
(96% of all FDIC-regulated banks), to receive a watered-down CRA exam. Because
institutions with assets of $250 million to $1 billion comprise substantial
market share in rural areas, such a change will also mean that many rural communities
and states will not have access to any institutions required to offer services
and investments that benefit low- and moderate-income communities.
Advocates are also concerned that other federal agencies
that regulate other financial institutions will join the FDIC in significantly
scaling back the CRA.
The FDIC is accepting public comments on their proposed
rule until Sept. 20. [UPDATE:
The public comment deadline has been extended to October 20.] Visit www.fdic.gov/regulations/laws/federal/propose.html
and look for the 8/20/04 Community Reinvestment proposed rule. In the far right
column, you can click on "Comments" to submit electronic comments.
For more information, contact the National Low Income Housing Coalition at info@nlihc.org
or 202-662-1530.
Proposed
Baltimore Ordinance Would Limit Landlord Liability on Lead Poisoning
A pending Baltimore ordinance, City Council Bill 04-1276,
seeks to undo the effects of a November 2003 Maryland Court of Appeals decision.
Brooks v. Levin held a landlord liable for a child’s lead poisoning
even though the tenant did not notify the owner about the deteriorated paint
in the home.
The court noted that Baltimore’s housing code prohibits
chipping or peeling paint in residences and that landlords have a continuing
duty to adequately maintain their properties in a way that controls paint deterioration.
The record showed that the landlord violated the housing code and that the violation
was linked to the child’s lead poisoning. According to the court, these
elements were sufficient to support a case for negligence and that the tenants
were not required to notify the landlord of the lead hazard. Lead poisoning
prevention advocates in the state hailed the decision as a firm reminder that
the Baltimore housing code has long put landlords on notice that they have a
legal obligation to properly maintain their properties.
The proposed bill would limit landlords’ liability
if tenants have not given notice of a particular health hazard. Advocates point
out that landlords have an obligation to provide safe housing and to abide by
the housing code, and that many health hazards are not apparent to tenants.
The Coalition to End Childhood Lead Poisoning and several council members oppose
the bill. A similar measure failed in the Maryland General Assembly during the
last legislative session.
For more information, contact Ruth Ann Norton of the Coalition
to End Childhood Lead Poisoning at ranorton@leadsafe.org
or 410-534-6447, ext. 11.
Integrated
Pest Management Beats Spraying Against Roaches
A recent study by researchers at Virginia Tech found that
controlling German cockroaches using integrated pest management (IPM) is more
effective than traditional pesticide spraying and is safer for pest control
workers and residents.
Researchers evaluated methods used in 100 units of a low-income
housing development in eastern Virginia, all with cockroach infestation. Half
the units received traditional spraying, and the other half received IPM treatments
including HEPA filter vacuuming, baiting, and insect growth regulators. While
IPM treatments cost more, researchers found that IPM was far more effective
than the more toxic chemical treatments.
Controlling cockroach infestations is a critical component
of any healthy homes strategy. Cockroach waste, skin, and body parts contain
an antigen that triggers attacks in many asthmatic children and adults. Using
traditional, high-toxicity pesticides to control roaches, however, can also
trigger asthma in sensitive individuals. Many pesticides are also suspected
carcinogens, can cause birth defects, and may cause permanent developmental
disabilities.
The study, titled “Cost and Efficacy Comparison of
Integrated Pest Management Strategies with Monthly Spray Insecticide Applications
for German Cockroach Control in Public Housing,” was published in the
April 2004 edition of the Journal of Economic Entomology.
New Asthma
Threat Detected in Homes
A July study by a team of Swedish researchers found that
two chemicals common in household dust pose significant risks for allergic and
asthmatic reactions in children. The chemicals, known as phthalates (pronounced
tha-lates), are common plasticizers found in a wide variety of consumer goods
around the world.
The researchers focused on three phthalates: di-n-butyl
phthalate (DnBP), butyl benzyl phthalate (BBzP), and di(2-ethylhexyl) phthalate
(DEHP). DnBP was not associated with allergies or asthma. BBzP is found in vinyl
tile, carpeting, and artificial leather and was strongly associated with nasal
allergies and eczema (a rash-like skin allergy). DEHP is heavily used as a plasticizer
in polyvinyl chloride (PVC) and was found to be an asthma trigger.
DEHP could constitute a significant public health concern,
as childhood asthma rates have increased sharply around the world in recent
years. DEHP is widely used, making up approximately one-half of the global market
share of all phthalates. It is found in high concentrations in household dust,
and children in industrialized countries are likely exposed to large doses of
the chemical each day. The researchers state that inhalation is a likely exposure
pathway for DEHP—the chemical is easily inhaled, especially by children
whose natural play behaviors place them on the floor, where house dust accumulates.
While several studies have examined the concentration of
phthalates in household dust, this research is the first to draw a strong link
between the chemicals and asthma.
Since the publication of the book Our Stolen Future
in 1996, phthalates have been the subject of growing controversy. The plastics
industry claims the chemicals are safe. However, researchers are concerned about
a variety of adverse impacts from phthalates. In addition to the asthma risk
identified by the Swedish study, scientists also have linked phthalates to endocrine
disruption, which negatively affects hormone levels and the reproductive systems
of wildlife and humans.
New EPA Webpage
on Remodeling and Indoor Environmental Quality
The EPA recently posted a new webpage, “Addressing
Indoor Environmental Concerns when Remodeling.” The page provides tips
on how to keep indoor environmental quality in mind when starting a remodeling
project, including detailed information on radon, carbon monoxide, lead safety,
and good remodeling work practices. The page also contains an interactive diagram
of a house that allows users to click on the room they plan to remodel. The
page returns pointers tailored to renovation projects for the room selected.
To use this resource, visit www.epa.gov/iaq/homes/hip-front.html.
New
York City’s Chinese Community Backs Illegal Pesticide Reduction Effort
Throughout New York City and urban New Jersey, street dealers
and shops sell illegal pesticides to homeowners and apartment dwellers, many
of whom seek to eradicate cockroaches or rodents from their homes. Low-income
and minority communities are often targets of these pesticide vendors. The poisons
they sell are often far more toxic than legal pesticides, and several people
have been killed using the chemicals.
Now, New York City’s Chinese community, the U.S.
Environmental Protection Agency (EPA), and New York City Councilman John Liu
are working together to educate New York’s Chinese population about the
dangers of illegal pesticides and more effective ways to combat pests. These
leaders helped produce a Chinese language poster to be displayed in storefronts
throughout the city, providing important information about pesticides and their
use.
EPA has inspected more than 100 stores in New York City
and urban New Jersey and found more than 90 different illegal pesticides for
sale. Since 2000, the EPA has fined stores more than $1 million for selling
these chemicals.
Vendors claim that illegal pesticides are safe, effective,
and registered with the EPA. However, only pesticides with official EPA registration
numbers are legal—and only for registered uses. People should be aware
that even EPA registration does not guarantee that a pesticide is completely
safe.
On August 16 and 17, National Public Radio (NPR) ran a
two-part series on indoor air quality and health impacts during its Morning
Edition program. The series focused on chemicals, allergens, and carbon
monoxide in homes, all of which can have serious health consequences.
The first part of the series looked at what NPR’s
Jon Hamilton called “sick walls.” These walls can harbor mold, an
allergen and asthma trigger for many Americans. Composed of paint, primer, gypsum
wallboard, a vapor barrier, insulation, and vinyl siding, walls can also emit
irritants and toxic chemicals like formaldehyde and vinyl chloride, both of
which can irritate the eyes, nose, throat, and lungs, and both can cause cancer.
Vinyl chloride and other chemicals emitted from walls can also damage organs,
including the liver.
The series’ second segment explored methods for building
healthier homes. Some of the solutions presented were highly specialized, including
foam insulation made from soybeans and floor coverings made from natural products.
Others, however, can easily be integrated into any home, including the elimination
of wall-to-wall carpeting (which can emit toxins and trap allergens), effectively
venting water heater and furnace burners to prevent indoor emission of carbon
monoxide, and installing air filters.
Research
Shows Smoking Creates Harmful Particulate Levels Indoors
A study published in the September 2004 issue of Tobacco
Control found that lighted cigarettes produce ten times as much dangerous
particulate matter as a passenger vehicle operating on diesel fuel. In an experiment
conducted in a private garage in a small mountain town in northern Italy where
background levels of particulate pollution were very low, scientists ran a diesel-powered
car in an enclosed space for 30 minutes. They compared the vehicle’s emissions
with those from three filtered cigarettes burned sequentially in the same enclosed
space for the same amount of time.
Not only did the burning cigarettes produce 10 times as
much particulate matter as the car, the concentration of particulate matter
in the enclosed space where the cigarettes burned was 15 times as high as levels
measured outdoors. Particulate matter is known to cause lung cancer and is particularly
hazardous in homes because it does not readily dissipate in the indoor environment.
Environmental tobacco smoke has also long been known to
be an asthma trigger, and the new research may help explain why secondhand smoke
is so dangerous to asthmatics. Eliminating tobacco smoke from the home is one
highly recommended way for families to help prevent asthma attacks.
Army Corps
Adds Anti-Lead Chemical to DC Water Supply
As part of an ongoing effort to decrease lead levels in
Washington, DC’s drinking water, the Army Corps of Engineers started adding
phosphoric acid to the citywide water supply on August 23. The chemical is used
in other jurisdictions across the United States to coat the inside of plumbing
to prevent lead from leaching into drinking water from pipes and solder.
In January 2004, the Washington Post reported
that the DC Water and Sewer Authority (WASA) had been detecting high lead levels
in drinking water in thousands of District homes, starting in 2002, without
notifying consumers of the risk. The coverage caused a storm of controversy.
The EPA approved the addition of phosphoric acid and expects that the chemical
will show positive results within one year. However, it may take longer before
lead contamination drops below federal action levels that trigger a legal requirement
to replace lead water service lines.
New Orleans
to Create a Lead Safe House
The City of New Orleans announced in August that it will
renovate a blighted property to create the city’s first “Lead Safe
House.” The property will provide temporary lead-safe shelter for families
who are forced to leave their homes because of lead hazards. The families will
live in the house while lead hazards in their own properties are corrected.
The project, financed by a $100,000 grant from the U.S.
Conference of Mayors, could help families throughout the city. The house is
to be finished by the end of 2004 and will accommodate each family for up to
30 days.
EHP
Publishes Results of National Center Symposium
Environmental Health Perspectives has posted on
its website an article from the National Center for Healthy Homes, “The
Relationship Between Housing and Health: Children at Risk.” The article
reports on a two-day conference that the Center convened in November 2002. The
conference was unique in that it was solely focused on housing’s impacts
on children’s health and ways to translate healthy homes research into
practical solutions. The article also explains that feasible changes in policy
and research goals hold much promise for overcoming current obstacles to providing
healthy housing for all children across the United States. The article, which
will appear in an upcoming print edition, is currently available online by visiting
http://ehp.niehs.nih.gov/members/2004/7157/7157.pdf.
Upcoming
Conferences and Trainings
The New England Asthma Regional Council (ARC) will sponsor
a series of healthy housing trainings for contractors, architects, community
development corporation staff, and others in the New England region. The trainings
will teach healthy homes concepts and practices to those involved in designing,
building, financing, and maintaining affordable housing. Trainings will be offered
Sept. 23 in Lebanon, NH; Oct. 12 in Providence, RI; and Oct. 13 in Boston. On
Dec. 10, a special session will be offered for code inspectors in New Haven,
CT. For more details, contact Stacey Roberts at sroberts@tmfnet.org
or 617-451-0049. ARC has also posted an important technical resource booklet
on how to build and renovate affordable housing while minimizing asthma triggers
such as mold, dust mites, and pests like cockroaches and rodents. To view the
booklet, visit www.asthmaregionalcouncil.org/documents/READTHIS6.07.04.pdf.
The Children's Environmental Health Institute will host
the “2004 Biennial Scientific Symposium on Children's Health as Impacted
by Environmental Contaminants” on September 24 and 25 in Austin, Tex.
The symposium will provide an opportunity for public health professionals, education
policymakers, childcare facility administrators, and others to learn how to
protect children from environmental health risks. Topics will include asthma,
known and potential environmental links to developmental disabilities and autism,
and the prevalence of chemicals in air, food, water, and the home. More information
is available at www.cehi.org/symposium_2004.html
or by writing Sarah Jones at sarah.jones@cehi.org.
The Housing Justice Network is holding its annual meeting
in Washington, DC, on October 3 and 4. The meeting will include workshops and
a plenary on environmental justice and environmental health issues, along with
other topics of interest to legal aid housing attorneys and low-income housing
advocates. For more information, E-mail Steven Fischbach of Rhode Island Legal
Services at sfischbach@rils.org.
The Institute on Urban Health Research and the International
Society for Urban Health are sponsoring the Third International Conference on
Urban Health, to be held October 20-22 at Northeastern University in Boston.
The conference will address issues including the effect on urban health from
climate change, urban environmental health issues, areas of intense political
conflict, and disparities in health status and health care. The conference will
also explore how to build local and regional public health infrastructure through
community-based partnerships and establishing a new urban health research framework.
Further details and registration information are available at www.iuhr.neu.edu/conference.
The American Public Health Association is holding its Annual
Meeting and Exposition November 6-10 in Washington, DC. The meeting will include
over 900 scientific sessions, a variety of special sessions, a networking reception,
and an awards ceremony. More information is available at www.apha.org/meetings
or by calling Anna Keller at 202-777-2476.
Indiana is holding its Lead-Safe and Healthy Homes Conference
in Indianapolis on November 9 and 10. The conference will include several plenary
sessions, and Dr. Mary Jean Brown of CDC, Dennis Livingston, and Don Ryan of
the Alliance are scheduled to speak. For more information, visit www.ikecoalition.org
or call Improving Kids’ Environment at 317-442-3973.
The Western Regional Conference on Mold, Lead, Healthy
Homes, and Children’s Environmental Health will be held in Berkeley, CA,
from November 17-19. The conference will cover topics such as children’s
environmental health; health education; lead hazard control and healthy homes
practices, programs, and policies; and conducting mold prevention, assessment,
and remediation work. More information is available at www.leadmoldconferences.com/04pdfs/2004WesternRegConf.pdf
or by calling Kristin Joyner at 1-800-590-6522.
Correction to
Alliance Alert Article: “Federal Lead Hazard Disclosure Law Largely Unenforced
in Alabama”
The last issue of the Alliance Alert (August 2004)
reported on the controversy over the release of addresses of homes where lead
poisonings have occurred in Birmingham, AL. The Alliance regrets that we did
not contact the Jefferson County Department of Health for a response to statements
cited in the article. The Department contends that it has and continues to release
address data to CDC. The article incorrectly stated that lead poisoning is not
a reportable disease under Alabama law.
The disclosure of address data is a complicated and
sensitive issue in many jurisdictions, and a dispute still remains about this
in Birmingham. For more background, the Alliance publication, “Overcoming
Barriers to Data-Sharing Related to the HIPAA Privacy Rule,” a guide for
state and local lead poisoning prevention programs, is now available online
at www.afhh.org/res/res_publications.htm#datashare.
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