USING LAW FORUSING LAW FORHEALTHY HOMESHEALTHY HOMES

Priscilla Keith, JD Priscilla Keith, JD Dana Reed WiseDana Reed Wise

Health and Hospital Corporation of Marion Health and Hospital Corporation of Marion countycounty

Indianapolis, IndianaIndianapolis, Indiana

Environmental JusticeEnvironmental Justice

““Environmental justice is the fair Environmental justice is the fair treatment and meaningful treatment and meaningful involvement of all people regardless of involvement of all people regardless of race, color, national origin, or income race, color, national origin, or income with respect to the development, with respect to the development, implementation, and enforcement of implementation, and enforcement of environmental laws, regulations, and environmental laws, regulations, and policies.”policies.”

EPA Policy statementEPA Policy statement

Selected Indiana statutesSelected Indiana statutes

IC 12-15-12-20 Child lead poisoning IC 12-15-12-20 Child lead poisoning screeningscreening        

IC 16-41-39.4 Childhood Lead PoisoningIC 16-41-39.4 Childhood Lead Poisoning

IC 13-17-14 Lead-Based Paint ActivitiesIC 13-17-14 Lead-Based Paint Activities

IC 13-14-10 General Emergency IC 13-14-10 General Emergency ProceduresProcedures

Proposed changes to Chapter Proposed changes to Chapter Ten of HHC OrdinanceTen of HHC Ordinance

An “approved water supply” may not contain An “approved water supply” may not contain hazardous levels of copper and lead.hazardous levels of copper and lead.

Defines and adopts standards for determining:Defines and adopts standards for determining: Lead in dust contaminationLead in dust contamination Lead in soil and water contaminationLead in soil and water contamination

Defines and adopts lead-safe work practices.Defines and adopts lead-safe work practices. Requires replacement of all pipes constructed Requires replacement of all pipes constructed

or contains lead compounds.or contains lead compounds. Requires interior of housing, exterior walls and Requires interior of housing, exterior walls and

soil be free from lead and lead dust hazards.soil be free from lead and lead dust hazards.

Proposed State LegislationProposed State Legislation

Protecting Children from Lead Protecting Children from Lead HazardsHazards

Restrictions on Retailers of Children’s Restrictions on Retailers of Children’s JewelryJewelry

Restrictions on Paint RetailersRestrictions on Paint Retailers

Medicaid Reimbursement Medicaid Reimbursement AmountAmount

Reimbursements for the following:Reimbursements for the following:

Blood tests to determine levels of lead Blood tests to determine levels of lead

Allocation between laboratory and Allocation between laboratory and corporationcorporation

Case management and inspectionsCase management and inspections

Code Enforcement Code Enforcement ProceduresProcedures

Ordinance authorizes health officers Ordinance authorizes health officers to conduct housing inspections.to conduct housing inspections.

Generally, the inspectors must first Generally, the inspectors must first obtain consent from the owner or obtain consent from the owner or occupant.occupant.

The health officer may make both a The health officer may make both a lead-based paint inspection and risk lead-based paint inspection and risk assessmentassessment

Code Enforcement Code Enforcement ProceduresProcedures

After finding a violation, a health officer After finding a violation, a health officer will issue an administrative notice of will issue an administrative notice of violation to the persons responsible.violation to the persons responsible.

The written notice will include the The written notice will include the reasons for which it is issued.reasons for which it is issued.

The notice will also contain an outline of The notice will also contain an outline of remedial action to achieve compliance.remedial action to achieve compliance.

Code Enforcement Code Enforcement ProceduresProcedures

The notice will allow a reasonable time The notice will allow a reasonable time for the performance of any act it for the performance of any act it requires.requires.

The person who receives the notice The person who receives the notice may request an administrative hearing.may request an administrative hearing.

The administrative law judge shall The administrative law judge shall issue a final order within 15 days of the issue a final order within 15 days of the hearing.hearing.

Code Enforcement Code Enforcement ProceduresProcedures

Either party may appeal the final order in Either party may appeal the final order in court.court.

HHC may issue a bill to the property owner HHC may issue a bill to the property owner to recover costs incurred in bringing the to recover costs incurred in bringing the property into compliance.property into compliance.

HHC may also bring a civil action to HHC may also bring a civil action to enforce an ordinance violationenforce an ordinance violation

Any person found in violation may be fined Any person found in violation may be fined up to $2,500 for each offense.up to $2,500 for each offense.

Lead Hazard Control Grant Lead Hazard Control Grant UpdateUpdate

141 units under contract to receive 141 units under contract to receive remediation: 74 units completed, and remediation: 74 units completed, and $600,000 collected from property owners$600,000 collected from property owners

An additional 76 units are enrolled, but An additional 76 units are enrolled, but not under contractnot under contract

17 contractors working in Marion Co. 17 contractors working in Marion Co. have been trained in lead-safe work have been trained in lead-safe work practicespractices

Grant ends October 31, 2008Grant ends October 31, 2008

Systematic Code Systematic Code EnforcementEnforcement

Original purpose - to focus on Original purpose - to focus on holistically improving the housing holistically improving the housing stock, one neighborhood at a timestock, one neighborhood at a time

The team consisted of a social The team consisted of a social worker, community resource liaison, worker, community resource liaison, nurse, and health educatornurse, and health educator

The team worked to assist families in The team worked to assist families in bringing their properties into bringing their properties into compliancecompliance

Systematic Code Systematic Code EnforcementEnforcement

Current team consists of only social Current team consists of only social worker and community resource liaisonworker and community resource liaison

No longer working on specific No longer working on specific neighborhoods, but county-wideneighborhoods, but county-wide

Referrals from adult protective services, Referrals from adult protective services, child protective services, community child protective services, community development corporationsdevelopment corporations

SCE – Healthy Homes SCE – Healthy Homes InitiativeInitiative

Staff from the National Center for Healthy Staff from the National Center for Healthy Housing provided training for MCHD staffHousing provided training for MCHD staff

Essentials for Healthy Homes Essentials for Healthy Homes Practitioners Practitioners course was very well course was very well receivedreceived

Before training, recognized the need that Before training, recognized the need that the program needed to be enhancedthe program needed to be enhanced

SCE-Healthy Homes SCE-Healthy Homes InitiativeInitiative

National Center for Healthy Housing National Center for Healthy Housing provided a detailed report with provided a detailed report with recommendations after the trainingrecommendations after the training

Goals of the program:Goals of the program: To implement a multi-disciplinary To implement a multi-disciplinary

approach for inspecting homes approach for inspecting homes Provide cross-training for staff in Provide cross-training for staff in

environmental health and population environmental health and population health bureaus health bureaus

Healthy Homes InitiativeHealthy Homes Initiative

Goals continued:Goals continued: Implement a team approach for EHS and Implement a team approach for EHS and

nurses based on census tract or nurses based on census tract or assigned health districtassigned health district

Develop a list of resources and funding Develop a list of resources and funding opportunitiesopportunities

Immediately add another team Immediately add another team consisting of a social worker and consisting of a social worker and community resource liaisoncommunity resource liaison

Healthy Homes Initiative Healthy Homes Initiative ConclusionsConclusions

Lead hazard control and elimination Lead hazard control and elimination plays a large role in the initiativeplays a large role in the initiative

Plan to purchase moisture meters for Plan to purchase moisture meters for inspectorsinspectors

Plan to construct a database for the Plan to construct a database for the homes that may need to be re-homes that may need to be re-inspectedinspected

Support has been given by the MCHD Support has been given by the MCHD directordirector