Strengthening States Strengthening States for 40 Yearsfor 40 Years
State Healthy Housing State Healthy Housing PolicyPolicy
National Healthy Housing ConferenceNational Healthy Housing Conference
May 2014May 2014
"When enforced, housing and building codes have resulted in better constructed and maintained buildings and in improved health. For example, strict housing code enforcement has been demonstrated to reduce the likelihood of death in residential fires (Cummins and Jackson 2001) and lead poisoning in homes where lead-poisoned children live (Brown et al. 2001). A large number of programs, codes, and regulations exist that have the potential to influence changes in the environmental conditions in homes."
Surgeon General's Call to Action to Promote Healthy HomesSurgeon General's Call to Action to Promote Healthy HomesMay 2009May 2009
When Building Codes Fail:When Building Codes Fail:99thth Ward, New Orleans Ward, New Orleans
•Inadequate housing has been linked to adverse human health effects•Millions of children live in home environments that are unhealthy•Coordinated, comprehensive, and practical approach to prevent diseases that result from environmental health hazards related to housing
Regulating the UnRegulated - Regulating the UnRegulated - Private HousingPrivate Housing
Private interest; no public componentEliminates Environmental regulation (via EPA)
Not an employee/employer relationshipEliminates Occupational regulation (via OSHA)
Not Rental HousingWarranty of Habitability
No link to Federal Housing StandardsHUD Section 8 Housing - not applicableIndian Housing - not applicableDepartment of Defense Housing - not applicable
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Lead HazardsAsbestos HazardsConstruction Products/Building MaterialsIndoor air pollutants
chemicals, allergens, smoke, ventilationPesticidesChemical and Safety HazardsRat infestations and other verminRadon GasOther
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Legislators love Industries Legislators love Industries that bring Economic that bring Economic Growth to their StateGrowth to their State
State Laws adopting EPA State Laws adopting EPA Lead ProgramsLead Programs
State Laws adopting EPA State Laws adopting EPA Radon ProgramsRadon Programs
State Laws adopting EPA State Laws adopting EPA Asbestos ProgramsAsbestos Programs
Which Costs More??Which Costs More??
Healthy Housing Issues w/o Federal Mandate
MoldSmoke-Free HousingBedbugsCarbon Monoxide Detectors
Healthy HousingMN S 1272 (2014)
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
International Code CouncilCombination of Southern Building Code, Int'l Conf of Building Officials,
Fire CodesFire exits, fire alarms, isolation of hazards
Electrical CodesNumber of outlets, up-side-down outletsDon't overstress the system, prevent fires
Plumbing CodesContained system, prevent flooding
Building CodesStructure, stability
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Federal Response:Lead hazards (EPA)Asbestos hazards (EPA)Federal funds supporting the action (HUD)Products standards (CPSC)
No federal housing or building codeNo federal health code
State ResponseHousing and building codes
State enforced (Police Powers)Privately enforced (insurance, mortgage, bond)
NJ has statewide code; TX considers codes unconstitutional
Which Costs More??Which Costs More??
City Jurisdiction:Most have adopted various codesFire Codes, Plumbing Codes, Electric CodesCity inspectors verifyEnforced by insurance and mortgage cos.
County ResponseSome have housing and building codes; many do not
Rely on State enforcementPrivately enforced (insurance, mortgage, bond)
Most rural jurisdictions have no applicable codes
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
No organic Federal ActNo Congressional authority to release grants
No model state lawComplex and undefined topic
No quick legislative fixWill require amendments to several lawsWill require new authorities for agencies to actWill require additional or reassigned resources
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Whose interests are served?Can public health be linked to Medicaid?Could industry benefit (i.e., profit) from such legislation?
Whose interests are compromised?Who will pay to retrofit homes?
Can housing become healthy without legislation?Amend/expand current legislative authorities
Can/will the federal government perform this service?Will states be preempted from acting?
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Which Costs More??Which Costs More??
Housing/Property Maintenance CodeApplied at property transition
Health/Sanitation CodeLandlord-Tenant Law
Rental propertiesProduct Standards
For consumer productsHazard Management LawsMiscellaneous
PA Municipal Housing Code Avoidance - sets enforcement penalties but fails to define the municipal housing code
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Housing/Property Maintenance CodeCA State Building Standards Code
Health/Sanitation CodeCO Sanitary Standards and Regulations
Landlord-Tenant LawTN Smoke Detector Code
Product StandardsMN Formaldehyde Product Standard - new and manufactured homes
Hazard Management LawsGA Community Living Arrangement Code - mandates a healthy home for residents
MiscellaneousFL Environmental Health - to prevent disease caused by natural and manmade factors in the environment
Regulating an unRegulated Regulating an unRegulated CommunityCommunity
Which Costs More??Which Costs More??
Which Costs More??Which Costs More??
Which Costs More??Which Costs More??
Strengthening States Strengthening States for 40 Yearsfor 40 Years
Doug Farquhar, JDDoug Farquhar, JDNational Conference of National Conference of
State LegislaturesState Legislatures303/856-1397303/856-1397
[email protected]@ncsl.orgwww.ncsl.orgwww.ncsl.org