The Role of Laws and Regulations in Health Homes

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The Role of Laws and Regulationsin Health Homes

• Don Ryan
• Alliance for Healthy Homes
• June 2, 2004

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LAWS, REGULATIONS, CODES, and ORDINANCES
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24 CFR 745.220

• Abatement means any measure or set of measures
  designed to permanently eliminate lead-based
  paint hazards. Abatement includes, but is not
  limited to
• (1) The removal of paint and dust, the
  permanent enclosure or encapsulation of
  lead-based paint, the replacement of painted
  surfaces or fixtures, or the removal or permanent
  covering of soil, when lead-based paint hazards
  are present in such paint, dust or soil
• (2) All preparation, cleanup, disposal, and
  post-abatement clearance testing activities
  associated with such measures.
• (3) Specifically, abatement includes, but is
  not limited to
• (i) Projects for which there is a written
  contract or other documentation, which provides
  that an individual or firm will be conducting
  activities in or to a residential dwelling or
  child-occupied facility that (A) Shall result
  in the permanent elimination of lead-based paint
  hazards or (B) Are designed to permanently
  eliminate lead-based paint hazards and are
  described in paragraphs (1) and (2) of this
  definition.
• (ii) Projects resulting in the permanent
  elimination of lead-based paint hazards,
  conducted by firms or individuals certified in
  accordance with Sec. 745.226, unless such
  projects are covered by paragraph (4) of this
  definition

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Regulation
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Should we rely on laws and regulations for
Healthy Homes

• ?????????

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Current Landscape of Laws and Regulations

• Building and Housing Codes
• Landlord Tenant Laws
• Contractor Licensing Requirements
• Consumer Protection Laws
• Liability Insurance Requirements
• Truth in Advertising Rules
• Etc.

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New Rules and Regs Each Year
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Caveat Emptor
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Regs Serve Different Purposes

• Protect health and safety
• Provide a common yardstick
• Require disclosure of hazards
• Clarify who is responsible

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Different Purposes, Cont

• Ensure quality of services to consumers
• Level the playing field for service providers
• Show compliance to qualify for benefits
• Ensure public funds are well spent
• Encourage better decisions in marketplace

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Housing-Related Health Issues Are Nothing New

• .

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1. Prevention is the Highest Goal

• Prevention thru preemptive good practices
• Only when prevention fails are tools to assess
  and control hazards needed
• Lessons from Texas mold
• NAS Report !

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2. Recognize Full Spectrum of Risks

• Respect the 80/20 Rule
• Make the most of basic assessment tools
• Visual inspection
• Calibrate the response to the situation
• Burden of proof can differ too

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3. Count on Technology to Change

• Regulations are hard to change
• Laws are even harder to change
• Performance-based standards are best
• Create incentives for progress, not hurdles

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4. Respect the Economic Realities of Affordable
Housing

• Solutions must be accessible to those at risk
• Cost does matter
• Cost matters most in low-income housing

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5. Make the Most of Existing Delivery Systems

• Stand-alone systems are hard to sustain
• Rely on existing trades where possible
• Avoid arbitrary barriers to entry

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6. Build community capacity

• Build capacity within low-income communities at
  highest risk
• Bricks and mortar are not enough
• Expand economic opportunities
• Appropriate technologies to make solutions
  sustainable.

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Alliance for Healthy Homes

• Don Ryan
• 202-543-1147
• Dryan_at_afhh.org
• www.afhh.org