Housing And Health Codes 101 - HUD

Housing and HealthCodes 101Tom NeltnerNational Center for Healthy Housing1

Link Between Housing & Health“The connectionbetween health andthe dwelling of thepopulation is one ofthe most importantthat exists”. [1]Florence NightingaleCited in Lowry, S. BMJ, 1991, 303, 838-8402

Unhealthy Homes American Housing Survey for 20052 million homes have severe problems.4.2 million homes have moderateproblems.Rating system does not include: Insects Humidity and Condensation Lead-Based Paint, Radon, and Asbestos3

Why Do We Care?Costs of Unhealthy Homes Annual costs for environmentally attributablechildhood diseases in the U.S: 54.9 billion.[8] 43.9 Billion from Lead Poisoning 9.2 Billion from Neurobehavioral Disorders 2.0 Billion from Asthma 0.3 Billion from Childhood CancerAdditional costs from asthma care stem from themore than 10 million missed school days a year.Asthma contributes to approximately 3% of totalhealth care costs. [9]4

Different imary PreventionCombustion productsSecondary Prevention Unintentional InjuriesInsects and RodentsMold and MoistureEpidemiologic TrianglePesticidesAsbestosFireWell constructedWell maintainedComfortableAffordableHealthy5

The Real World is ComplexCurrent knowledge Economic factors What funds are available at government level andat family level? Social and cultural Political and legal factors Is the condition reportable? Is it mandatory to report? Are there guidelines available? “Do No Harm“ Precautionary principles 6

Until effectivestandards for thedomesticenvironment aredevised, it is likelythat children willcontinue to beemployed asbiological indicatorsof substandardhousing. [34]7

Types of Codes1.2.3.4.5.6.7.Building / Residential CodesHousing / Property MaintenanceCodesHealth / Sanitation CodesLandlord – Tenant LawsProduct StandardsHazard Management LawsDisclosure Laws8

Jurisdiction1.2.3.4.5.6.7.Building / ResidentialCodesHousing / PropertyMaintenance CodesHealth / SanitationCodesLandlord – TenantLawsProduct StandardsHazard ManagementLawsDisclosure Laws6.State and Local – NotFederal.Local and sometimesState. HUD HQSState and Local HealthDepartmentState and SometimesLocal – Not FederalFederalFederal and State7.Federal and State1.2.3.4.5.9

Model Codes for Housing Building Construction – Int’l Building Code;Residential Construction – Int’l Residential CodeRehab – Int’l Existing Building CodeElectrical – ICC Electrical CodeFire – Int’l Fire Code and National Fire ProtectionAssociationVentilation – Int’l Mechanical Code;Plumbing – Int’l Plumbing Code;Sewage – Int’l Private Sewage Disposal Code;All Buildings – Int’l Property Maintenance Code10

Zoning v. Building v. HousingDetermines:Types of Codes: Zoning Code Building Code /Residential Code Housing / PropertyMaintenance Code What can be built ormodified.How it must be builtor modified.How it must bemaintained.11

Building v. Housing Building or Residential Codes aretriggered by a decision of the owner orthe occupant to modify the home. Housing or Property MaintenanceCodes set minimum standards for allhousing whether or not the owner oroccupant want to modify the home.12

Housing v. Health CodesHousing or property maintenance codetypically managed and enforced bybuilding code inspector. Health or sanitation code typicallymanaged or enforced by healthdepartment Difference in Perspective and Knowledge13

International PropertyMaintenance Code (IPMC)Model Housing Code Required in: — Virginiaand New York Mandate It— More than 600 communitiesSome States Recommend It Growing in popularity Enforcement concerns 14

HUD’s Housing QualityStandardsSection 8 / Housing Choice Voucher Linked to Subsidy Performance Requirement Acceptability Criteria 15

Landlord – Tenant Law Why Focus on Rental Property?Regulating Contractual Relationship to AvoidAbuseSpecial Rental Standards— RentalHousing Quality Standards— Certificate of Occupancy— College Towns and Large Urban Areas Uniform Residential Landlord Tenant Act(URLTA) – 21 States16

URLTA – Landlord Obligations Comply with applicable building and housing codes affectinghealth and safety.Make all repairs and do whatever is necessary to put and keepthe premises in a fit and habitable condition.Keep all common areas in a clean and safe condition.Maintain electrical, plumbing, sanitary, heating, ventilating, airconditioning, and other facilities and appliances in “good andsafe working order and condition.Provide and maintain appropriate receptacles for removal ofgarbage and other waste, and arrange for their removal.Supply running water and reasonable amounts of hot water atall times and reasonable heat (between 10/1 and 5/1), exceptwhere the law does not require the building be so equipped, orheat or hot water is generated by an installation controlled bythe tenant.17

URLTA – Tenant Obligations Comply with all obligations primarily imposed upontenants by applicable building and housing codes.Keep tenant’s premises as clean and safe as thecondition of the premises permit.Dispose of garbage, rubbish and other wastes fromthe dwelling unit “in a clean and safe manner.Keep plumbing fixtures in the tenant’s dwelling unitas clear as their condition permits.Use in a reasonable manner all electrical, plumbing,sanitary, heating, ventilating, air-conditioning, andother facilities and appliances.18

Product Management Standards Consumer Product Safety CommissionEnvironmental Protection AgencyState and Local Law Preemption?— FederalSilence— Specific Injury Safety v. HealthBasic Products v. AlarmsChildren’s Products v. Other ProductsResale and Recall19

Hazard Management StandardsEnvironmental Protection Agency Asbestos – NESHAP - 4 Units Lead – Renovation, Repair and PaintingRule Needed when product standards failed Formaldehyde? Vinyl? Arsenic-treatedLumber? 20

Disclosure Laws Lead Disclosure at Lease or Sale of TargetHousingRenovator Notice to Owner and Occupant forPotential Lead-Based Paint at TargetHousing and Child-Occupied FacilitiesMoldWater Damage / IntrusionRadonAsbestosCatch-All21

ResourcesNational Conference of StateLegislatures / NCHH Report Lead-Based Paint — NCHH’sFederal Benchbook— NCHH’s State and Local BenchbookEnvironmental Law Institute National Center for Healthy Housing 22

Resourceswww.municode.com www.generalcode.com/webcode2.html municipalcode.lexisnexis.com www.healthyhomestraining.org/codes 23

Do Housing Codes Work?Linkage to Landlord-Tenant Law Complaint-Based Enforcement Systematic Code Enforcement Blight v. Safety v. Health Perspectives and Confidence 24

CBCAGCommunity Building CodeAdministrative Grant Bill Passed House of Representatives inJuly 2008 Focuses on New AND ExistingStructures Requires Coordination with HealthDepartment 25

IPMC Proposals International Code Council— Alliance for Healthy Homes and NCHHTwo Proposals Will Pass—— Final Action Hearing 9/17 to 9/22Pest Control Responsibilities – Owner and OccupantResponsible in Multi-Family HousingClothes Dryer Exhaust – Vent Outside Per Label7 Proposals Required 2/3 Vote of Officials——————Incorporate EPA RRP Interior & ExteriorPest Elimination DefinitionCarbon Monoxide AlarmMaximum Water Temperature in Shower or BathSmooth Hard, Nonabsorbent Surfaces in Bathrooms onMulti-Family HousingHealth and Safety Chapter26

Core Healthy Homes Principles Start with PeopleKeep Maintained27

American Housing Survey for 2005 . State. HUD HQS 3. State and Local Health Department 4. State and Sometimes Local – Not Federal 5. Federal 6. Federal and State 7. Federal and State. 10. Model Codes for Housing . Rehab – Int’l Existing Building Code