Course Objectives (1) · 2018-04-02 · † Presence of mold should trigger further...

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AddressingLead, Mold, and other

EnvironmentalHazards via

CodeEnforcementInspections

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Course Objectives (1)Learn to identify these substandard

housing conditions:

1. Lead-based paint hazards.

2. Pest infestation.

3. Mold, excessive moisture, and substandard ventilation.

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Course Objectives (2)• Understand the serious health issues

caused by these substandard housing conditions.

• Increase knowledge of applicable codes and enforcement authority.

• Review remediation options.

• Discuss compliance actions.

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Enforcement Authority

• Focus on California laws and regulations.

• Includes State Housing Law (which lists substandard housing conditions and enforcement mechanisms).

• Many cities and counties have adopted State Housing Law.

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Training ScheduleThe 3.5 hour course includes:(a) Intro (15 minutes)(b) Lead-based paint hazards (1 hour)(c) Mold, excessive moisture, and

substandard ventilation (1 hour)(d) Pest Infestation (1 hour)(e) Questions/discussion (15 minutes)

Breaks will be provided

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California Department of Public Health

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AddressingLead

Hazards via Code

Enforcement

Protecting Occupants from Lead Poisoning

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Objectives• Understand lead poisoning issues

(health effects, sources, etc.).

• Identify lead hazards via visual inspections.

• Review applicable laws governing lead hazards.

• Understand code enforcement options for achieving compliance.

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Lead Poisoning• Thousands and thousands of children are

exposed to lead each year in California.

• The majority of children with lead poisoning display no obvious symptoms.

• Causes serious long-term health effects (learning disabilities, brain damage, hearing problems, death, etc.).

• Entirely preventable.

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Sources of Lead Poisoning(Lead Hazards)

• Lead-Based Paint.

• Lead Contaminated Soil.

• Lead Contaminated Dust.

• Other (consumer products, water, etc.).

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How are Children Poisoned?

• Highest exposure risk is usually between 6-24 months of age.

• Most children ingest lead (via dust, soil, and paint) through crawling and hand-to-mouth behavior (e.g. putting toys & their hands in their mouths).

• Lead hazards in housing are primary source of exposure.

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Lead Poisoning (cont.)

• Children’s growing bodies recognize lead as iron.

• A small amount of lead can result in lead poisoning.

• Long-term damage is based upon the amount of lead ingested and the duration.

• Treatment:(a) Remove source of exposure(b) Medical chelation

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Lead-Based Paint• Lead-based paint is usually

considered safe if it’s in good condition.

• If lead-based paint is NOT in good condition, it is a hazard:(a) Existing hazard: Deterioratedand/or poorly maintained.(b) Created hazard: Remodeling in older housing without proper safeguards.

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How Widespread is Lead-Based Paint in Housing?

Year House was Percent of Houses Built w/ LBP

Before 1940 87 percent1940-1959 69 percent1960-1978 24 percent

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“Presumed Lead-Based Paint”

• Federal government limited the amount of lead in paint in 1978.

• “Presumed Lead-Based Paint” is defined as paint on all structures built before 1978 in California.(Title 17, CA Code of Regulations, section 35043).

• Testing can rebut presumption of lead

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How to Identify Lead Hazards:Visual Inspection vs. Testing

1. Visual Inspection(a) Deteriorated “presumed lead-based paint.”(b) Disturbing “presumed lead-based paint” (remodeling) without proper safeguards.

2. TestingHire certified lead inspector to test paint.

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What are proper safeguards that should be used when

remodeling a pre-1978 building?

“Lead-Safe Work Practices”(a) Plastic tarps on ground to catch paint chips and dust. (b) Worker protection.(c) Proper disposal of waste.

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Enforcement Authority for Lead Hazards

1. Deteriorated Lead-Based Paint (a) Health and Safety Code section 17920.10 (State Housing Law) (b) Health and Safety Code section 105256

2. Failure to Use Lead-Safe Work Practices/Creating a Lead Hazard (a) Health and Safety Code section 105256(b) Title 17, CA Code of Regulations, sec. 36050

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Enforcement Authority: Deteriorated Paint (1)

• “Deteriorated Lead-Based Paint” is a substandard housing condition under State Housing Law (Health & Safety Code Sec 17920.10)

• “Deteriorated Lead-Based Paint” includes deteriorated “Presumed Lead-Based Paint.”(Title 17, CA Code of Regulations, sec. 35022)

• State Housing Law gives the authority to order the abatement of identified hazards.

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How to RepairDeteriorated

“Presumed Lead-Based Paint”

• Option 1: Can be re-painted, encapsulated w/ sheetrock, doors/windows replaced, etc. using “lead safe” work practices.

• Option 2: Hire a certified lead contractorwww.dhs.ca.gov/childlead

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Code Enforcement Options for Deteriorated Paint

If pre-1978 housing contains deteriorated presumed lead-based paint, then either:

(a) Require new paint job for damaged area. Require the use of “lead safe”work practices; or

(b) Require owner to hire certified lead inspector to test deteriorated paint. (If test indicates no lead-based paint, no further action needed).

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Examples of Code Enforcement Options (1)

(a) City of Los Angeles orders owner to repaint deteriorated presumed LBP using lead safe work practices.

(b) Owner has option to have paint tested to rebut presumed LBP. (If LBP, must repair and disclose. If not, no further repair needed)

(c) Failure to comply results in a referral to the DA for prosecution. City will have paint tested prior to court case.

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Examples of Code Enforcement Options (2)

(a) City of Sacramento identifies deteriorated presumed LBP and requires owner to hire lead inspector to test paint. (If LBP, must repair and disclose. If not, no further repair needed)

(b) Failure to comply results in fine and/or criminal citation (misdemeanor).

(a) Additional remedies include civil suit and receivership.

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Compliance Rate for Notice to Correct

(a) Approx. 70%-75% comply with notice to correct after initial notice.

(b) Approx. 20%-25% comply after receiving an administrative hearing notice or attending an administrative hearing.

(c) The remaining 2%-3% of cases go to court.

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Enforcement MechanismsCA Health and Safety Code section 17995

(a) $1,000 fine and/or six months in jail (misdemeanor=criminal citation).

(b) Subsequent violations at same address lead to a $5,000 fine and six months in jail.

(c) Condition of probation (for suspended jail term) can mandate sale of rental housing.

(d) Receivership.

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Additional Enforcement Authority for Deteriorated

Presumed LBPHealth and Safety Code Section 105256 provides enforcement authority in addition to State Housing Law:

(a) Authority to order the abatement of a lead hazard.

(b) Broad enforcement authority (vested w/ many agencies) and additional $1,000fine.

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Enforcement Authority: “Lead Safe” Work Practices

• “Lead Safe” work practices are required for any remodeling activity in any pre-1978 structure. (Title 17, CA Code of Regulations, sec. 36050)

• Authority to issue a cease and desist order to anyone creating a lead hazard and issue $1,000 fine. (Health and Safety Code Section 105256)

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“LEAD-SAFE” WORK PRACTICES

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Ensure that “Lead Safe” Work Practices are Used

(a) Ensure that the Notice to Correct requires lead safe work practices.

(b) Give owner “Remodeling or Repainting” brochure.

(c) Confirm lead safe work practices during/after project.

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Free Resources1. www.hud.gov/lead

(for local grant funding)

2. www.cdph.ca.gov/programs/clppb(for a list of certified lead professionals

or basic information on lead);

3. www.dir.ca.gov/dosh (for worker protection issues)

4.www.dtsc.ca.gov/hazardouswaste (re: hazardous waste disposal)

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Messages for Owners/Tenants

1. Report and repair deteriorated paint in pre-1978 structures.

2. Use lead-safe work practices when remodeling or re-painting a pre-1978 structure.

3. Have young children tested for lead poisoning

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Summary of Enforcement Authority for Lead Hazards

1. Deteriorated Lead-Based Paint (a) Health and Safety Code section 17920.10 (State Housing Law) (b) Health and Safety Code section 105256

2. Failure to Use Lead-Safe Work Practices/Creating a Lead Hazard (a) Health and Safety Code section 105256(b) Title 17, CA Code of Regulations, sec. 36050

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California Department of Public HealthDivision of Environmental and Occupational Disease Control

Ensure that “Lead Safe” Work Practices (LSWPs) are Used

(a) Educate property owner re LSWPs.(b) Ensure that the Notice to Correct

requires lead safe work practices.(c) Give owner HUD website for

accessing the HUD Guidelines.(d) Give owner CDPH website and phone

for additional information.(e) Confirm LSWPs during/after project.

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Quasi-InspectionScenario

You are conducting an inspection in a multi unit building and identify:

(1) Deteriorated paint on exterior doors and siding.

(2) A contractor sandblasting the side of the building spraying paint chips everywhere.

What do you do? What do you cite for? What do you tell the owner?

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AddressingMold,

Moisture,and

SubstandardVentilation

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Objectives• Understand health issues related to

mold/moisture and substandard ventilation.

• Review applicable laws governing excessive moisture and ventilation.

• Understand code enforcement options for achieving compliance.

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Why Mold, Moisture and Ventilation?

• Mold is usually caused by a combination of moisture and poor ventilation.

• Excessive moisture and inadequate ventilation are substandard housing conditions.

• Presence of mold should trigger further review/inspection.

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Health Effects of Dampness and Mold:

• Asthma, allergies and other respiratory illnesses.

• Dampness and mold are associated with a 30-50% increase in respiratory illnesses.

• Nearly 1/4 of asthma cases are attributed to dampness and mold in housing.

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Health Effects of Substandard Ventilation

• Carbon monoxide poisoning

• Carcinogens and indoor chemical exposures

• Allergens & asthma triggers

• Dampness & mold

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Reviewing Issues related to Ventilation and Dampness

1. Mechanical and non-mechanical ventilation systems.

2. Dampness sources:(a) Moisture intrusion(b) Plumbing leaks(c) Ventilation

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Types of Ventilation• Mechanical(a) flues and ducts for furnace, hot water

heater, and dryer.

(b) fans in bathroom and kitchen

• Non-Mechanical (a) windows

(b) screen vents in attic and crawl space

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Mechanical Ventilation: Gas Appliances (1)

• Furnace, water heater, dryer, stove, etc.

• Emit combustion gases (carbon monoxide, nitrogen dioxide, soot, and unburned hydrocarbons).

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Mechanical Ventilation: Gas Appliances (2)

• Water vapor is always produced during combustion.

• Improperly-installed flues will have condensation leading to corrosion and possible blockage of flue.

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Mechanical Ventilation: Standards for Exhaust Fans• Kitchen and bathroom.

• Fan should move 50 cubic ft air per minute.

• New models have humidistat controls.

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Non-Mechanical Ventilation:Standards for Windows and Vents

• Window = 5% of habitable floor space.

• Venting for crawl space/attic is 1 sq ft per 150 sq. ft area

• Windows must be operable and vents must not be blocked.

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Ventilation Checklist• Ensure that flue/ducting is not

damaged. Rusted flue should trigger further assessment.

• Windows must be operable, and vents to crawl space and attic must not be blocked.

• Fans in bathroom and kitchen must be operable (humidistat control can prevent mold).

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Dampness Checklist

1. Plumbing leaks.

2. Failure of roofing, siding, or flashing.

3. Exterior moisture seeping into crawl space or through walls due to grade or lack of drainage away from building.

4. Inadequate ventilation.

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Case Study:• Young child with extreme asthma

admitted to Emergency Room several times in past year.

• Heavy mold found in bathroom due to pressurized water leak, improper construction of tub enclosure, and lack of ventilation.

• Bathroom repaired. Child has had no asthma attacks and is no longer using an inhaler.

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Facts about Mold

1. Thousands of species exist.

2. Spores are present all the time, indoors and outdoors.

3. Some are toxigenic.

4. Need water and food source (cellulose based products like wood, gypsum board, etc.) to flourish.

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Suggested Safety Equipment for Inspecting Mold Infestation

1. Tyvek suit and booties

2. Face mask – N95 rated minimum

3. Gloves

4. Hand sanitizer wipes/spray.

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How to Fix Problems that Produce Mold

1. Repair leaking roofs, holes in walls, poor drainage, etc.

2. Repair plumbing leaks.

3. Ensure windows are operable.

4. Repair ventilation (fans, appliance flues).

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Mold Cleanup

• Don’t just paint over mold!!(1) Remove moisture source and(2) Remove mold before painting.

• Scrub mold off surface with detergent and water, and dry completely.

• Use protective clothing.

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Enforcement Authority for Moisture/Mold/Ventilation

1. Health & Safety Code sec. 17920.3(a11)

2. Health & Safety Code sec. 17920.3(g)

3. Health & Safety Code sec. 17920.3(a7)

4. Health & Safety Code sec. 17920.3(a8)

5. Health and Safety Code section 17926.

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Enforcement Authority (1)State Housing Law

“Dampness of habitable rooms”[Health & Safety Code Sec 17920.3(a)(11)]

• Wet floors and walls, plumbing leaks, presence of mold, etc.

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Enforcement Authority (2)State Housing Law

“Faulty weather protection”Health & Safety Code Sec 17920.3(g)

• Water intrusion, leaking roof, siding, window, presence of mold, etc.

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Enforcement Authority (3)“Lack of, or improper operation of

required ventilating equipment.”CA Health and Safety Code Section 17920.3(a)(7)

• Malfunctioning gas appliance

• Broken flue or duct

• Broken or missing fan

• Clogged air filter (furnace/HVAC)

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California Department of Public Health

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Enforcement Authority (4)“Lack of minimum amounts of

ventilation required by this code.”CA Health and Safety Code Section 17920.3(a)(8)

• Non-operable windows

• Non-operable fans

• Lack of screen vents in attic and crawl space

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Enforcement Authority (5) Carbon Monoxide Detector Law

CA Health and Safety Code section 17926

• All CA single family homes must have a detector by July 1, 2011.

• All other CA housing must have detector by January 1, 2013.

• 30-day notice to correct, then $200 fine. Details at http://osfm.fire.ca.gov

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Review of code enforcement

inspections and compliance actions

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Free Resources

• For mold questions: www.epa.gov/mold www.cdc.gov/mold

• For asthma questions:www.californiabreathing.org

• For indoor air quality questions:www.cal-iaq.org

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Summary of Enforcement Authority

1. “Dampness of habitable rooms”Health & Safety Code Sec 17920.3(a)(11)

2. “Faulty weather protection”Health & Safety Code Sec 17920.3(g)

3. “Lack of, or improper operation of required ventilating equipment.”CA Health and Safety Code Sec 17920.3(a)(7)

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Summary of Enforcement Authority(continued)

4. “Lack of minimum amounts of ventilation required by this code.”CA Health and Safety Code Sec 17920.3(a)(8)

5. Carbon Monoxide Detector Law CA Health and Safety Code section 17926

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Inspection ChecklistMoisture/Mold/Ventilation

1. Inspect flues and ducting.

2. Ensure that fans, windows, and carbon monoxide detectors are operable.

3. Investigate plumbing leaks and moisture intrusion.

4. Presence of mold should trigger further investigation.

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California Department of Public Health

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California Department of Public Health

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Addressing Pest Infestation via Code Enforcement

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Objectives• Understand pest infestation issues

(health effects, sources, etc.).

• Identify several types of pest infestations.

• Review applicable laws governing pest infestation and abatement.

• Understand code enforcement options for achieving compliance.

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Health Consequences of Pest Infestation:

• Transmit diseases (plague, typhus, hanta virus, leptospirosis, etc.)

• Bites

• Food contamination/food poisoning

• Increase asthma and allergies

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Major Sources of Pest Infestation

1. Moisture/Water intrusion.(provides food and moist environment)

2. Holes, torn screens, etc.(provides access/entry)

3. Unsanitary conditions.(provides harborage and food)

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How to Identify Pest Infestation

• Complaints/sightings of rodents, cockroaches, bedbugs, etc.

• Bites

• Nests

• Droppings

• Other

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How to Eliminate Pests (1)“Integrated Pest Management”

1. Avoid toxic pesticides whenever possible.

2. Eliminate:(a) access(b) food and water source(c) harborage

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How to Eliminate Pests (2)“Integrated Pest Management”

1. Seal entry points (torn screens, cracks, holes, openings, etc.)

2. Repair water leaks (plumbing and moisture intrusion).

3. Store food properly and keep garbage in closed bins.

4. Keep living area clean and remove weeds.

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Summary of Integrated Pest Management techniques

• Seal entry points (prevent access)

• Fix water leaks and store food properly (eliminate food source).

• Keep clean and remove garbage (prevent harborage and food)

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Pesticides: Avoid if Possible• Adverse health effects include

respiratory illness, cancer, kidney damage, nausea, etc.

• Over 1,000 people are accidentally poisoned by pesticides each year –half are children.

• Integrated Pest Management can often be completed without pesticides

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If Considering Pesticides:• Use a licensed pest control operator.

• Review low or non-toxic options (glueboards, snap traps, borax, cats, heat, live catch traps, etc.).

• Tamper-resistant bait stations and other options protect children and pets from pesticides.

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Additional treatment issues forbed bug infestations:

• Follow pest control operator’s instructions.

• Infested furniture/clothing should not be recycled.

• Heat kills bedbugs (Launder bedding and clothes in hot water and dry at hottest heat).

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Enforcement Authority for Pests in Housing

State Housing Law• Health & Safety Code sec. 17920.3(12)• Health & Safety Code sec. 17920.3(13)• Health & Safety Code sec. 17920.3(c)

Health and Safety Code section 116125.

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Enforcement Authority (1)State Housing Law

“Infestation of insects, vermin, or rodents ….”[Health & Safety Code Sec 17920.3(12)]

• Applicable to all pest infestations.

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Enforcement Authority (2)

“Person in possession of rodent-infested property…shall exterminate and destroy the rodents”(Health & Safety Code Sec 116125)

• Applicable only to rodents.

• Can be enforced by many jurisdictions.

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Enforcement Authority (3)State Housing Law

“General dilapidation or improper maintenance”[Health & Safety Code Sec 17920.3(13)]

• Used to address entry points for pests, water intrusion and water leaks, and other contributing sources.

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Enforcement Authority (4)State Housing Law

“Any nuisance”[Health & Safety Code Sec 17920.3(c)]

• Used to address non-rodent infestation (bed bugs, cockroaches, etc.) or any condition/source of infestation.

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Free Resources

• For questions on pesticides:www.epa.gov/pesticides

www.cdc.gov/niosh/topics/pesticides

• For info on vector-borne diseases:www.cdph.ca.gov/programs/vbds/Pages/

default.aspx

• For questions regarding bedbugs:http://www.cdph.ca.gov/HealthInfo/discond/Pages/BedBugs.aspx

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Quasi-InspectionScenario

You are conducting an inspection in a multi-unit building due to a pest infestation complaint. You identify:

• Rodents and droppings

What do you cite for?What do you tell the owner and

tenants?

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Conclusion• Summary of today’s training

• Continuing Education Contact Hours

• Survey

• Post training follow-up

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Summary Checklist for Lead Hazards

1. Identify deteriorated Presumed Lead-Based Paint (pre-1978structure) and have it repaired.

2. Identify individuals creating a lead hazard (remodeling without “lead-safe” work practices). Issue stop work order, monitor clean up, and ensure lead safe work practices.

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Summary ChecklistMold/Moisture/Ventilation

1. Identify and fix plumbing leaks and moisture intrusion.

2. Ensure that fans, windows, and carbon monoxide detectors are operable.

3. Inspect flues and ducting.

4. Presence of mold should trigger further investigation.

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Summary Checklist for Pest Infestation

(Integrated Pest Management) 1. Seal entry points (prevent

access) 2. Fix water leaks and store food

properly (eliminate food source).3. Keep clean and remove garbage

(prevent harborage and food)

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Approved Continuing Education Units (3.5)

• CA Environmental Health Assoc

• CA Assoc of Code Enforcement Officers

• CA Board of Registered Nursing

Keep course completion certificate and turn in a copy to any of the above Associations or Board.

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Training Survey • We will email you a brief survey

in a few weeks – please fill out/return.

• Do you have any inspection photos or stories that we can include? Email to dan.scannell@cdph.ca.gov

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Thank you!!!Dan Scannell

CA Dept of Public Health(510) 620-5689

dan.scannell@cdph.ca.gov