IPM Policy for Residential Property

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IPM Policy for Residential Property

• Jane Malone
• Alliance for Healthy Homes
• April 17, 2008

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Overarching Issues/Opportunities

• Lack of knowledge of pesticides costs and IPM
  benefits
• Demonstrable progress reducing use
• Schools
• Workplaces
• Outdoors
• Agricultural protecting food supply
• Publicly owned property ready model

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Principles for IPM Housing Policy

• Cease unhealthy practice - do no harm
• Protect occupants from exposure to
• Pests via current laws - extermination
• Pesticides via product registration and
  licensed/certified personnel
• Both pests and pesticides holistic approach
• Sustainable, universal

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Key Policy Levers

• Codes
• sanitary, housing, health codes regulate
  buildings and many codes already prohibit pests
• Regulators can require that pesticide applicators
  use IPM and restrict broadcast applications of
  toxics
• Pesticide registration policies can limit
  availability of toxic pesticides (ex. liquid
  form)
• State and federal standards guidance funds

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Federal-Level Policy/Practice

• HUD
• Guidance to PHAs consider IPM for pest control
• Housing Quality Standards (HQS)- rules for
  federally assisted homes have basic provision
• EPA
• regulates pesticides and pesticide-labeling
  requirements
• gives states authority to oversee pesticides and
  pesticide application
• promotes effective IPM practice in schools, other
  settings
• USDA
• cooperative extension work on IPM

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Federal Insecticide, Fungicide and Rodenticide
Act - FIFRA

• Federal agencies shall use Integrated Pest
  Management techniques in carrying out pest
  management activities and shall promote
  Integrated Pest Management through procurement
  and regulatory policies, and other activities. 7
  USC 136r-1

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Federal-Level Recommendations

• HUD comply with FIFRA
• mandate IPM in federally owned, subsidized
  housing
• HQS specify IPM to control pest infestations in
  assisted housing
• issue standards/guidance for all housing
  (privately owned)
• Congress Direct EPA to promote effective IPM
  restrict use/sale of foggers, bombs, sprays for
  indoor use
• EPA and USDA promote IPM in the housing sector
• Congress authorize Federal incentive grants to
  state governments, PHAs for implementing IPM
  program
• Opportunities CDC and Surgeon General Call to
  Action

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Powers of State Pesticide Programs

• Authority to register pesticides
• Limit sales/use
• Permit localities to limit pesticides sales/use
• Control over who uses toxic pesticides
• Oversight of pest control services through
  certification of operators/ applicators
• Separate cert residential, child-occupied
  facility
• Power to require advance notification, postings,
  other communications

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Basic IPM Policies for State Pesticide Programs

• Advance notice/disclosure
• occupants of residential buildings
• exterior pesticide use to neighbors
• Keep address registry of pesticide-sensitive
  persons, require PCO notify of adjacent use
• Maintain approved list of service providers (MA)
• Require IPM training for pesticide applicators
• Pesticide registration fees -gt IPM grants

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Comprehensive State IPM Policy Maine Board of
Pesticides Control

• pesticide applicators must provide advance
  written notice to residents of plan to use
  pesticides in occupied buildings
• application of pesticide prohibited if a tenant
  objects
• requires IPM-first and minimization of exposure
  and human risk in applying pesticides
• pesticide applicator must identify specific
  pests, conditions conducive to the pest, and
  written evaluation with specific recommendations
  for practical non-pesticide control measures.

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Basic IPM Policies for Other State Agencies

• Mandate IPM in state-owned property including
  higher education and correctional facilities (MN)
• State housing, sanitary, health codes
• MA Sanitary Code 410.550
• VT rental housing health code IV
• Property maintenance code

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State Housing Finance AgenciesCriteria for Tax
Credits, Loans

• Minimum Requirements for Developments
• Asthma-safe building standards w/IPM (CT)
• Green building and/or Energy Star standards
• forestall air leaks, moisture problems
• prevent pest intrusion
• Extra Points and Green Communities subsidy
• Green building design

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Recommendations for States

• certified pesticide applicators - adopt IPM as
  standard of care in occupied buildings and
  receive training.
• prohibit use, sale of toxic pesticides bombs,
  foggers, other liquid and granular formulations
• rental property owners - use IPM
• state-supported housing development projects -
  meet green and asthma-safe building criteria
• publicly owned property - use IPM, model specs

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Local Codes Relevance

• Construction Codes - structure, tightness
• Building, residential, existing building codes
• Enforce permit, final inspection
• Housing Codes - condition, habitability
• Property maintenance, rental housing codes
• Sanitary, health codes
• Enforce turnover, annual inspection, complaint

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How Codes Assign Responsibility

• rental property owner - any infestation ever
• occupant of a rental dwelling - if the unit is a
  single-family structure, or the only infested
  dwelling in multifamily property
• rental property owner - infestation caused by
  failed maintenance, in more than one unit common
  areas
• both owner and tenant

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Many Codes Require Some IPM

• Common provisions for pest entry, habitat
• Cover exterior openings within 4 feet of ground
  or reachable by pipes, wires, stairs, roofs,
  trees, vines
• Maintain screens in good repair
• Construct sewers, pipes, drains, conduits and
  related openings to prevent ingress or egress of
  rats
• Neatly store materials outside the building away
  from the exterior walls of the structure

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How to Improve Codes for IPM

• Treat both infestation and toxic pesticide use as
  serious code violations
• Require IPM of rental property owners
• Maintain property in good physical condition
• Perform visual inspection vacancy, annual, after
  activity that disrupts structure or building
  components
• Notify occupants of infestation, IPM plan,
  pesticide use,
• Request that occupants report infestations
• Permit targeted use of toxic pesticide (CC),
  prohibit indoor use of pesticides in liquid,
  granular form

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Locally Owned Buildings

• NYC Pesticide Reduction Law City agencies
  (including housing authority) and contractors
  phase out use of toxic pesticides on city
  owned/leased property
• toxic or known/suspected to cause
  cancer/developmental disorders
• emphasizes safer alternatives throughout
  city-owned real estate
• Similar policy enacted in San Francisco in 1996
• Other localities in WA, CA, NY developing
  policies for property management.

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Local Public Housing Authorities

• Bostons public housing authority voluntary IPM
  initiative is building capacity and resident
  awareness
• community health advocates
• train housing authority managers in IPM
• NYC has trained pest control operators and other
  staff in
• HEPA vacuums for allergen, pest and harborage
  removal
• steam machines for removing cockroach waste and
  eggs
• handheld ultraviolet lights for inspections
• exterior oxygen-voiding trash compactors
• NYC added IPM to kitchen upgrades at 1 property

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Recommendations for Localities

• rental property owners - prevent and eliminate
  infestations using approved IPM strategies
  through health and housing codes
• publicly owned property (including public
  housing) - use IPM and model IPM contract spec
• housing-related funding from block grants, other
  resources - prioritize IPM in targeting

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Recommendations for Health Payers

• To protect individual patients requires
  prevention of pesticide and pest exposure
• Health care agencies acknowledge infestations
  and pesticide use as vectors of asthma
• Public and private payers recognize benefits of
  IPM to reduce asthma/other respiratory problems
• Education/environmental assessment programs
  offer basic pest management supplies

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Reasonable Accommodation ?

• Tenants in private market properties with 4
  units who are sensitized to pesticides can seek
  IPM as a reasonable accommodation of a disability
  under the Fair Housing Act
• if successful, tenant may have to pay incremental
  cost
• Public housing tenants can request IPM under
  Americans with Disabilities, Rehabilitation Acts

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Thanks for your attention!

• Jane Malone
• Alliance for Healthy Homes
• jmalone_at_afhh.org