Search IKE

Photo courtesy John Winters

Thanks to The Boren Foundation, and Jack and Karen Kay Leonard for making this website possible. 

Indiana Lead-Safe & Healthy Homes Newsletter

December 2004 Edition

 

In This Issue:

For More Information

 

·    Mark Your Calendars

·    HUD Controversy Grows

·    HUD Enforcement in Indy

·    Rental Housing Quality in Indy

·    Private Litigation – Two Cases Filed

·    Conference Attendance

·    Conference Evaluation

·    Conference Presentations

·   2005 Conference

·   ISDH Replaces Staff

·    WISH-TV in Indy Focuses on Lead

·   Senator Simpson on Medicaid

·   Senator Gard Plans Lead Legislation

·    Lead-Safe Indiana Task Force Update

·    IN EPAC Gets Going

·    IKE’s Moisture Meter

·    EMI Upgrades Website

·    ·    Thanks

 

Thanks to Indiana Housing Finance Authority and the Boren Foundation for making this newsletter and the work of the Task Force possible.  While IKE appreciates their support, their sponsorship does not imply endorsement of IKE or the content of this webpage.  IKE is wholly responsible for the content of this newsletter.

 

Acronyms:

·  -  ISDH = Indiana State Department of Health

·  -  IDEM = Indiana Department of Environmental Management

·  -  IHFA = Indiana Housing Finance Authority

·  -  CDC = U.S. Centers for Disease Control and Prevention

·  -  EPA = U.S. Environmental Protection Agency

·  -  HUD = U.S. Department of Housing and Urban Development

 

Version in PDF

Improving Kids’ Environment (IKE) and the Indiana Lead-Safe Task Force publish this newsletter every two or three months at no charge for anyone interested in issues and events involving lead poisoning prevention and healthy homes in Indiana.   Distribution is by email or fax – preferably by e-mail.   Contact the editor, Tom Neltner, at mccabe@ikecoalition.org or 317-442-3973 if you want to contribute articles, edit the draft newsletter, have an article to contribute, or want to get on or off the distribution list.  All editions are available on IKE’s web page at http://www.ikecoalition.org/publications.htm

Record Conference Attendance

A record number of people – 239 – attended the 2004 Indiana Lead-Safe and Healthy Homes Conference on November 9 & 10.  We also had a record number of organizations – 117 – represented.  40% of the participants represented the housing community and an equal number represented the health community.  9% were technical consultants and 11% were advocates or concerned parents.  48% of the participants came from local agencies and programs.  Excellent balance!  For more details on participation, go to www.ikecoalition.org/Lead_2004_Conf/Summary.htm

 

Outstanding Ratings on Evaluation Forms

Based on the 864 evaluation forms turned in, the conference was a success.  We requested forms for each session.  On a scale of 1 to 5 with 1 being the best, we had the following feedback:

·         Meeting Rooms – 1.5

·         Quality of Food – 1.8

·         Schedule – 1.5

·         Information and Engaging – 1.3

·         Reaching Audience – 1.5

·         Handouts – 1.8

·         Met Billing – 1.5

Based on the crucial score of "informative and engaging", three session had an outstanding score of 1.1:  Getting in the Healthy Homes Information Loop; CDC's New Approach - Q & A with Dr. Brown; and Lead-Safe Indiana Awards.  Five sessions had a score of 1.2 on that measure:  A New View of Homes - Q & A with Dennis Livingston; Indiana Rules - Hoosier Variations - Part 2; How to Require Cleanup with Existing Rules; Case Management in Action; and Bill Crawford/Don Ryan Plenary Session.   See www.ikecoalition.org/Lead_2004_Conf/Eval_Results.htm for more information.

 

Presentations and Manuals On-Line

Overall, Dennis Livingston gave an outstanding keynote speech in introducing a new way of looking at healthy homes that engaged participants.  One person from Northwest Indiana said that she came to conference to hear Dennis Livingston talk but she didn’t know how much she needed to hear him until she heard him!  For those who wanted an electronic version, I posted a draft of his draft of Dennis Livingston's Latest Publication -Affordable Methods of Working in Occupied Homes (1.2 MB pdf).

 

Like last year, IKE posted copies of PowerPoint slideshows of presentations given at the conference.  This year, IKE opted not to remove the photos and charts that made many of the presentations long to download.  Click on the presenters name to email them about the presentation or for a smaller file. 

·                     Childhood Lead Poisoning:  Beginning of the End by Dr. Mary Jean Brown of the U.S. Centers for Disease Control and Prevention.  (19 slides - 6.7 MB) - Lots of Valuable Statistics and Charts.

·                     Lead - Silently Impacting our Impacting:  What Piece Does Case Management Play by Nicole Gaunt of Fort Wayne - Allen County Health Department (14 slides - 13 MB)

·                     Healthy Homes Information Sharing by Joan Zivich pf Community Hospital in Munster (31 slides - 0.4 MB)

·                     High Intensity Targeted Screening:  A Door-to-Door Screening Project in Chicago's High-Risk  Neighborhoods by Patrick MacRoy of Chicago Health Department (18 slides - 7.3 MB)

·                     Neighborhood HITS and Special Collaborations:  Creating Healthier Homes and Families in St. Joseph County by Kathleen Kraner of Memorial Hospital in South Bend (12 slides - 1 MB)

·                     NAA "Best Practices" for Mold and Moisture Control by the Apartment Association of Indiana and Steve Ambro of AP Inspections and Environmental Services (24 slides - 15.1 MB)

·                     Indoor Air Quality:  What is It and Why is It Important by Lisa Cauldwell of Marion County Health Department (22 slides - 1,4 MB)

·                     Lead Poisoning 101 by Sue Taylor of Memorial Hospital (26 slides - 0.3 MB)

·                     IDEM's Mercury Reduction Efforts by Paula Smith of the Indiana Department of Environmental Management (11 slides - 0.6 MB)

·                     Pollution and Health Risks from Illegal Trash Burning by Jeff Myers of the Indiana Illegal Burning Task Force (22 slides - 2 MB)

·                     Improving School and Home Environments with Integrated Pest Management by Al Fournier of Purdue University (27 slides – 4 MB)

·                     Tidemark: A tool for code enforcement and disclosure by Joan Cook of Marion County Health Department (28 slides – 3 MB)

                          

Next Years Conference

Mark your calendars now for next years Indiana Lead-Safe and Healthy Homes Conference.  We are set for Tuesday, November 8 and Wednesday, November 9.  We will remain at the Marten House on Indy’s northwest side.

 

ISDH Replaces Staff

ISDH hired Wayne Syvinski to replace Matt Waldo as environmental manager.  You can reach Wayne at Wsyvinsk@isdh.state.in.us or (317) 233-5605.  They also hired Jo Rhodes to replace Nicole Bolde as health educator.  You can reach Jo at Jrhodes@isdh.state.in.us or (317) 233-1294.  Welcome aboard Wayne and Jo!

  

WISH-TV in Indy Focuses on Lead

Karen Hensel of the Channel 8 I-Team presented a four-part investigative report on lead poisoning prevention in Indiana on November 4 & 5.  Twenty-one minutes of air-time.  It was outstanding!  Click here for a transcript of the story. 

 

The report includes an interview with Governor-elect Daniels campaign manager.  His child was lead poisoned by a rehab gone wrong.  Among other problems the contractor burned the lead-based paint and the doctor discounted the obvious symptoms of lead poisoning.  He praised the local health department for its timely and vital assistance.

 

IN EPAC Gets Going Again

The Centers for Disease Control and Prevention has approved Indiana’s Plan to eliminate lead poisoning by 2010.  They liked it so much they have shared it with other states as a model.  Now, under the leadership of ISDH and HUD’s John Hall, we must rise to the challenge presented by the plan to get it done. 

 

The Indiana Lead Elimination Plan Advisory Committee will meet on the following dates in 2005:

§         Thursday, January 13 – 10:00 to 12:00

§         Thursday, April 14 – 10:00 to 12:00

§         Thursday, July 14 – 10:00 to 12:00  

§         Thursday, October 13 – 10:00 to 12:00

 

Much of the work will continue to be done through subcommittees.  The subcommittees, their chairs (with email links) and ISDH support staff are:

·         MedicalDr. Charlene Graves of ISDH with Jo Rhodes as staff

·         ScreeningNancy Cobb of ISDH with Jo Rhodes as staff

·         Environmental - Paula Smith and Patricia Daniel of IDEM with Wayne Syvinski as staff

·         Housing - Mark Young of IHFA and Mary Ellen Burke of HUD with Wayne Syvinski as staff

·         Evaluation - Tom Neltner of IKE with Maria Larson as staff.

 

Task Force Update – Next Meetings

The Lead-Safe Indiana Task Force met on December 7 and had an excellent discussion on the next steps to build on the conference and manage the transition in state leadership.  Task Force meetings in 2005 will be coordinated with EPAC’s Housing Subcommittee and Environmental Subcommittee to simplify travel.  Mark your calendars.

§         Tuesday, March 6 – 10:00 to 2:00

§         Tuesday, June 14 – 10:00 to 2:00

§         Tuesday, September 13 – 10:00 to 2:00

§         Tuesday, December 6 – 10:00 to 2:00

 

State Senator Simpson Gets Unanimous Support for Lead Medicaid Legislation

Senator Simpson drafted legislation to require ISDH to adopt rules regarding case management and require Indiana’s Medicaid program to

1)       A measure to evaluate the performance of a Medicaid managed care organization in screening a child who is less than seven (7) years of age for lead poisoning.

2)      A system to maintain the results of an evaluation under subdivision (1) in written form.

3)      A performance incentive program for a Medicaid managed care organization evaluated under subdivision (1).

 

The Indiana Joint Select Commission on Medicaid Oversight led by State Rep. Crawford unanimously recommended the adoption of the legislation to the Indiana General Assembly.  This legislation would nail down the agreement Indiana Medicaid to improve screening rates.  Thanks Senator Simpson!

 

State Senator Gard to Carry Lead Legislation for ISDH

Senator Gard agreed to carry legislation to fix ongoing problems in Indiana lead poisoning program.  The ISDH language:

·         Requires adoption rules for blood lead screening and case management;

·         Requires electronic reporting of blood lead testing results by labs that tested more than 50 Hoosier children in the previous 12 months; and

·         Limits the sharing of confidential information to local housing agencies “to the extent necessary” to implement the HUD rules.”

 

ISDH’s language does not allow the sharing of information with IDEM despite the fact that IDEM has the authority to require cleanups of identified lead hazards.

 

IKE will be asking Senator Gard to:

·         Provide IDEM with access to the information to the extent necessary for IDEM to set priorities and take advantage of IDEM’s existing authorities to require cleanups where the hazards pose an imminent and substantial threat to health of people. 

·         Incorporate the provisions in State Senator’s legislation regarding Medicaid. 

 

Thanks to Senator Gard for carrying this legislation!

 

Vigo County Issues Unfit for Habitation Order

Two lead poisoned child in Terre Haute.  Lead hazards documented in a risk assessment by the Vigo County Health Department.  A family left with no real choice but to move.   

 

The health officer ordered the prominent local landlord to cleanup the cockroaches and lead hazards in 30 days.  The landlord decided to put the property on sale instead. 

 

After more than 30 days and no progress, the health officer declared the home unfit for human habitation and “red-tagged” it.  The warning sign is to the right.

 

Leadership in action!  Thanks to Dr. Garcia, Sarah Reed and Jeri Taylor! 

 

Vigo County Health Department Steps Up in Other Ways Too!

Sarah Reed working with Masimax to have Masimax offer a lead-safe work practices course in Terre Haute.  The training was funded by the National Paint and Coatings Association.  The course was held on December 7.  Thirty people attended.  Local effort bringing results.  Thanks Sarah!

 

Private Litigation for Lead Hazard Disclosure Violations

A Fort Wayne family has filed a lawsuit against their landlord for repeated violations of the federal lead hazard disclosure law.  Two of their three children were lead poisoned as a result of the lead hazards documented in the home.  Discovery is nearly complete.

 

Brandi Ireland, a speaker at the conference, filed lawsuit on December 16 for violations of the federal lead hazard disclosure law and breach of contract against her realtor, her broker, the seller and the seller’s realtor and broker.  The federal law entitles her to treble damages.  She bought her home for $71,000 and a lead abatement contractor estimates that it would cost $91,000 to abate the lead-based paint.  Her youngest child was lead poisoned. 

 

HUD Enforcement in Indy

HUD investigators have referred 12 Indianapolis landlords for enforcement for violations of lead hazard disclosure rule.  Four other landlords – two in Terre Haute – are still under investigation.  No word when formal action will be taken.

 

Rental Housing Quality Ordinance Hearing & Corrections

On November 22, the Metropolitan Development Committee of the Indianapolis’ City-County Council held a hearing on rental housing quality in Indianapolis.  IKE’s Tom Neltner presented a report of IKE’s research showing the extensive problems with rental housing.   He called on the Council to adopt an ordinance that enacted a more proactive system to enforce the existing housing codes standards.   The following charts summarize the key points. 

Indianapolis Housing Code Enforcement

By Marion County Health Department 

Number of Unique Addresses/Units by Type of Occupancy

From January 1, 2000 to June 10, 2004

Occupancy

2000

2001

2002

2003

2004

(to 6/10)

Total

% of Total

Env. Court

Lead

Hazards

Hotel / Motel

0

297

106

1

0

404

12%

0

0

Owner-Occupied

15

44

29

14

4

106

3%

19

3

Rental / Contract Sale

323

879

637

631

302

2772

85%

342

293

Total

338

1220

772

646

406

3282

100%

361

296

He asserted that the existing laws set the right standards but the reactive system that relied on tenant complaints and investigations of lead poisoned children was seriously flawed.  A report that formed the basis of his testimony is available at www.ikecoalition.org.

St. Vincent DePaul, other community groups, and several residents testified of the widespread problems they have experienced. 

After they testified, Marsha Branson and Dave McCormick from Marion County Health Department shared their perspectives with the Committee.  To the surprise of the advocates for safe and healthy rental housing, Ms. Branson testified that the existing standards were sufficient.  She implied that the existing system to identify hazards was also sufficient.  Advocates later clarified with her that she meant the housing code was sufficient not the system to identify hazards. 

Meridian Street Apartment Buildings

Between 30th and 38th Streets

No. of Buildings

25

No. with Lead Hazards*

24

Location of Lead Hazards

  • Exterior Paint

21

  • Interior Paint

19

  • Windows

15

  • Soil

9

Severity of Lead in Soil Hazards

  • Standard Set by EPA**

1200 ppm

  • Average Level

689 ppm

  • Highest Level

8610 ppm

Severity of Lead Dust Levels on Floor in Common Areas

  • Standard Set by EPA**

40 µg/ft2

  • Average

57 µg/ft2

  • Maximum

639 µg/ft2

*     From July to September 2004 as a result of MCHD Investigations of IKE’s Complaints.  Only five of the 25 buildings had previously been cited for lead hazards.

**   Only the New Yorker Building at 3707 N. Meridian did not have lead hazards identified.

*** 40 CFR 765.65

After MCHD completed the testimony, representatives from the Apartment Association of Indiana testified.  They explained their excellent efforts to inform members and the challenges confronted by landlords.  They also raised questions about Tom Neltner’s research specifically noting that the statistics on MCHD’s enforcement mistakenly identified as rental all situations where the property owner does not live at the address subject to the order.  Contract sales may or may not be rental.

Upon reflection after the meeting, Tom Neltner agreed.  Under a contract sale, a property owner sells his property to someone on contract.  The property owner keeps his name on the title.  While in numerous cases, the situation has many characteristics of a rental situation especially in low-income neighborhoods, it may not be a rental.  The charts above and the referenced report were corrected.   The statistics for Meridian Street were not impacted by the error.

Committee chair, Councilor Talley, indicated that he hoped the Council would take up the discussion of an ordinance early in 2005. 

HUD Controversy Grows

After a flurry of questions, letters, and reports, HUD maintains that all went well with its Healthy Homes and Lead-Safety grant decisions announced on September 27, 2004.  No mistakes were made even though a $2 million grant was given to a property manager in Denver that HUD’s Inspector General cited in May 2004 for inappropriately using $409,388 in federal fines and was fined by HUD for widespread violations of the lead hazard disclosure law.  In addition, grants were made that violated the grant requirements and HUD employees appear to have reviewed only 30% of the applications. 

 

The bottom line is that HUD will not reevaluate its decisions for 2004 and plans no improvements for 2005.  Hopefully, those Indiana applicants who choose to apply will get serious consideration due to heightened sensitivity about the problems. 

 

Here is the rundown on the letters and reports:

 

For more information, check out the October 2004 edition of this newsletter or the Alliance for Healthy Homes November newsletter

 

EMI Upgrades Website

Check out the Environmental Management Institute’s website at www.envtlmgmt.org.  EMI has upgraded its website to include a question and answer section and its lead risk assessment forms.

 

IKE’s Moisture Meter

At the conference, IKE explained its Sampling for Action efforts based on the Community Environmental Health Resource Center (CEHRC).  The CEHRC protocols are at www.cehrc.org.  IKE’s Tom Neltner demonstrated the moisture meter he uses by Tramex.  The meter has performed well and has the advantage of not putting holes in the wall to measure moisture.  It uses two large conductive pads to test for moisture.  Tramex reports that the Moisture Plus meter is available for $385 at www.tramexltd.com/page/moistplus.html.  Since Tom forgot to write down who asked, he opted to include it in the newsletter.

 

Mark Your Calendars

§         Lead-Safe Indiana Task Force Meeting in Indy.  All are welcome to attend these meetings to discuss lead poisoning and healthy homes issues across Indiana.  It is a great networking and planning opportunity.  Contact Tom Neltner at mccabe@ikecoalition.org or at 317-442-3973 for details.  All meetings will be at the Environmental Management Institute, 5610 Crawfordsville Road, Suite 15.  We will try to coordinate the meetings with Indiana EPAC’s Housing Subcommittee meetings.

o        Tuesday, March 6 – 10:00 to 2:00

o        Tuesday, June 14 – 10:00 to 2:00

o        Tuesday, September 13 – 10:00 to 2:00

o        Tuesday, December 6 – 10:00 to 2:00

§         Indiana Lead Elimination Plan Advisory Committee in Indy.  The committee is charged with advisory ISDH on the state’s implementation of the state lead elimination plan.  The meetings are held at HUD’s offices at 151 N. Delaware St., Suite 1200 and are open to the public.

o        Thursday, January 13 – 10:00 to 12:00

o        Thursday, April 14 – 10:00 to 12:00

o        Thursday, July 14 – 10:00 to 12:00  

o        Thursday, October 13 – 10:00 to 12:00

§         Training

o        Free EPA & HUD-Approved Lead Safe Work Practices Course.  Contact Masimax at 866-232-5419 or on-line at www.leadsafetraining.org.

o        January 13, 2005 in Dayton, OH

o        Congratulations to Sarah Reed and Jeri Taylor of Vigo County Health Department for scheduling and coordinating a successful session for 30 people on December 7 in Terre Haute!

o        Accredited Lead Training at the Environmental Management Institute in IndyContact EMI at 800-488-8842 or www.envtlmgmt.org.

o        Lead Inspector / Risk Assessor Initial – February 7 to 11

o        Lead Inspector / Risk Assessor Refresher – April 26 to 27

 

Thanks for improving kids' environment!   If you have any questions or comments about this newsletter, IKE, or the Indiana Lead-Safe Task Force, contact Tom Neltner at mccabe@ikecoalition.org, 317-442-3973 or 5244 Carrollton Avenue, Indianapolis, IN  46202-3181.  If you need more information on national events, check out the Alliance Alert Newsletter at www.afhh.org and click on newsletter. 

IKE publishes two additional newsletters on a quarterly basis.  Contact Tom Neltner at mccabe@ikecoalition.org if you want to subscribe to either of those newsletters.

§       “Sewage in Our Streams” newsletter on behalf of the Indiana Clean Water Coalition.  .

§       “Improving Kids’ Environment” newsletter.  This newsletter deals with all issues and events in which IKE involved.