Indiana Lead-Safe & Healthy Homes Newsletter

May 2003

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.  We try to keep the newsletter to five pages.  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.  

Version in Word

Mark Your Calendars

•    We have scheduled Task Force meetings for the remainder of 2003.  We will meet in Indy at the Environmental Management Institute (EMI), 5610 Crawfordsville Road, Suite 15.  When the meetings are in Indy, we will continue to have the ISDH Advisory Task Force in the morning and these meetings in the afternoon.

o        Thursday, June 12 – 10:00 to 3:30

o        Thursday, September 11 – 10:00 to 3:30

o        Thursday, December 11 – 10:00 to 3:30

•   May 13 to 16 – New Orleans.  The Indoor Environmental Health & Technologies Conference is an outgrowth of the National Lead Safe Housing and Indoor Environmental Health Conference, first held in 1996.  For information on the conference go to www.leadmoldconferences.com.  For scholarship information, call 800-590-6522 and ask for Kim Levi.

•    May 20 – Columbia City.  "Healthy Homes:  The Inside Story," workshop from 9:30 a.m. - 3:30 p.m. at the Whitley County 4-H Center in Columbia City, Indiana.  Registration is $30/person and includes lunch and workshop materials.  Pre-registration is required.  For more information, contact the Kelly Sheiss of the Whitley County Extension Office at 244-7615 or 625-3313.

•   May 27 to 30 – Indy.  Lead Supervisor course at the EMI.  Contact Joan Ketterman at 800-488-8842.

•   June 2 & 3 – Indy.  ISDH Primary Prevention Workshop.  Contact Nicole Bolde at 317-233-7725 or Nbolde@isdh.state.in.us at ISDH for more information.

•   June 23 to 27 – Indy.  Lead Inspector and Risk Assessor courses at EMI.  Contact Joan Ketterman at 800-488-8842.

•    October 9 to 11 – Evansville.  The City of Evansville will be holding its 2003 Regional Neighborhood Network conference.  Contact 812-426-7823 for more information.

•   October 15 & 16 – 2003 Indiana Lead-Safe and Healthy Homes Conference.  By popular demand, we are expanding our focus to include more healthy homes topics.  The rates, schedule and format will stay the same as 2002.  Rebecca Morley, the new Director of the National Center for Healthy Housing, will be the keynote speaker.  She is bringing new vibrancy and direction to the Center.  We also hope to get Lt. Governor Joe Kernan as the other keynote speaker.

All Blood Lead Tests Must be Reported – SEA-367

All blood lead tests on Hoosiers must be reported to ISDH starting July 1, 2003 thanks to the Indiana General Assembly.  On April 24, 2003, Governor Frank O’Bannon signed SEA-367 into law.  Thanks to Senator Pat Miller of Indy and Representative Charlie Brown of Gary with outstanding support from Zach Cattell of ISDH, we will have a system in place to get a handle on adults that are lead poisoned.  The previous law only required reporting of children six years old or younger.  Also thanks to Nicole Gaunt of Fort Wayne-Allen County Health Department, Dave McCormick of Marion County Health Department, and Pete Rimsans of IN Department of Labor who provided critical testimony for the bill.  And of course, special thanks to Diane Mack of the IN Department of Labor for her early work in getting Senator Miller to sponsor the bill.

In order to qualify for a CDC grant of $24,500 a year, ISDH is expected to require laboratories to report the standard industrial code for the employer of adults tested. 

The law does not create any new responsibilities for local health departments.  Through ISDH, they should be notified of lead poisoned adults – just like they are notified of lead-poisoned kids.  They may choose to investigate those lead poisonings to determine if other members of the household are lead poisoned.  In light of Nicole Gaunt’s experiences in Fort Wayne with lead dust taken home by a parent from work, the investigation could be worthwhile.

SEA-367 also requires ISDH to produce two annual reports to the Governor’s office and the Legislative Council.  The reports must provide the number of adults and the number of children diagnosed with lead poisoning in each county.  The report for 2003 is due December 31, 2003.  The report for 2004 is due December 31, 2004.  A tight, turnaround time for ISDH. 

For the legislation, click here or go to www.in.gov/serv/lsa_billinfo?year=2003&session=1&request=getBill&docno=367

Licensing Home Inspectors- HB-1515

Starting July 1, 2005, home inspectors must be licensed by the State pursuant to HB-1515.  The law applies to individuals who conduct home inspections for compensation.  A home inspection is a visual analysis for the purpose of providing a professional opinion on the condition of a residential dwelling and associated structures and components.  There are many exemptions for people such as realtors, plumbers, or termite inspectors who are licensed by another state program and are acting within the scope of that license.  Code enforcement officials and housing agency representatives are also exempt. 

The home inspection report must state that it does not address the environmental hazards such as:

1.                    Lead-based paint;

2.                   Radon;

3.                   Asbestos;

4.                   Cockroaches;

5.                   Rodents;

6.                   Pesticides;

7.                   Treated lumber;

8.                   Mold;

9.                   Mercury;

10.                Carbon monoxide; or

11.                 Other similar environmental hazards.

The report does not also address subterranean systems including:

1.                    Sewage disposal such as septic systems;

2.                   Water supply; or

3.                   Fuel storage or delivery.

The law will reduce the fraud that has plagued homeowners, especially low-income buyers, who have a home inspection performed by someone who is not competent.  It also helps deal with the problem of inspectors claiming to inspect for lead-based paint without being licensed by IDEM.

Thanks to Representative Peggy Welch of Bloomington for authoring the bill and accepting critical amendments dealing with the scope of the program.   For a copy of the legislation, click here or go to www.in.gov/serv/lsa_billinfo?year=2003&request=getBill&docno=1515.

Lead Licensing Rules – Final Hearing

The Air Pollution Control Board will consider the lead licensing rules for final adoption at its June 4 meeting in Indianapolis in the Indiana Government Center South, Conference Room C.  The Board meeting starts at 1:00.  IKE and the Environmental Management Institute submitted comments on the proposed rule.  The rule is looking pretty good with only a few glitches to fix.

Getting the Word Out on the New Licensing Rules

Wayne County Health Department received a $5000 IDEM mini-grant on behalf of the Task Force to help get the word out on IDEM’s new lead licensing rules.  The goal is to develop at least four flyers for the following audiences:

1.                    Contractors,

2.                   Risk assessors and lead inspectors;

3.                   Supervisors and workers; and

4.                   Agencies that conduct housing code enforcement and issue building permits.

If you want to participate in the development or review of the flyers, please contact Tom Neltner at 317-442-3973 or mccabe@ikecoalition.org.  We plan to hold a meeting on June 12 in conjunction with the Task Force meeting.  The flyers will be completed in September 2003. 

Thanks to Lynnette Brown and Eric Coulter of Wayne County Health Department for helping support efforts across Indiana. 

FSSA Section 8 Program

Check out www.in.gov/fssa/families/housing/hs.html for the latest on Indiana Family and Social Services Administrations Section 8 Housing Choice Voucher Program.  There are 66 separate Public Housing Agencies (PHA) in Indiana.  FSSA’s Division of Family and Children, functioning as the Indiana PHA, administers the HCV program in any geographical area of the state that falls outside of the jurisdiction of a city or county PHA.  Consequently, the Indiana PHA is active in all or part of 85 counties throughout Indiana.   In those areas, through twenty local subcontracting agencies, the program administers rental assistance to some 4,000 Section 8 families.

Compliance Hints

Several issues have come up that may help you comply with the lead-based paint rules and to protect children from lead poisoning.

•         Does an abatement contractor have to have insurance that specifically covers lead-based paint hazards? No.  According to 326 IAC 23-2-4(b)(9), an abatement contractor’s application only needs to have documentation of $500,000 in liability insurance.  The insurance does not have to specifically cover lead hazards.  The perception that lead hazards must be covered by the insurance has kept contractors from pursuing a license because they are not sure there is enough business to pay the extra costs for the special insurance.

•              If I am conducting an environmental assessment for a lead poisoned child, do I need to prepare a report of those results?  Yes.  410 IAC 1-2.3-87(a) requires that local health officers "ensure the monitoring of children, equal to or less than six (6) years of age, who have been reported to have a venous blood lead level of greater than ten (10) μg per deciliter.  Monitoring shall include referrals for case management if not already accomplished and environmental assessment."   An environmental assessment meets the definition of a risk assessment under 326 IAC 23-1-60 since it was an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards that might have poisoned the child.  The licensed risk assessor must prepare either a lead hazard screen report or a risk assessment report.  The licensed risk assessor must keep copies of the report for three years and send them to IDEM if IDEM requests the report.

•       Does the report need to be given to the building owner or occupant?  It depends.  According to 326 IAC 23-4-13(c), the report must be given to the building owner who contracted for the services.  There is no requirement that it be given to the occupant.   Since a health department representative is not contracting with the building owner to do the work, the rep does not have to give the building owner a copy of the report.  IDEM must get a copy of the report if IDEM requests one.

IKE strongly encourages the risk assessor to give a copy of the report to the current resident as well as the building owner.  The report – whether positive or negative – becomes critical information that must be disclosed by the owner to all future buyers and future occupants.  By providing the report in writing to both parties, you can help protect future residents in the home, not just the family with the lead poisoned child. 

•         Must a landlord disclose Lead-Check Swab® results to future tenants?  Yes.   40 CFR 745.107(a)(2) requires that the lessor shall disclose to the lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased.  The lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards.  In its December 5, 1996 Guidance on page 6, EPA said that if “an owner has information obtained from the use of a home test kit for lead, that information must be disclosed; however, the owner should also disclose information about the reliability of the test kit results.”

IHFA HOME Grant to Task Force

Once again, the Indiana Housing Finance Authority comes through for a lead-safe Indiana.   IHFA awarded a HOME grant of $29,625 to the Environmental Management Institute on behalf of the Task Force.  The grant is designed to accomplish four specific goals:

1.                    Host the Indiana Lead-Safe and Healthy Homes Conference on October 15 & 16.  The grant will allow us to give many scholarships to those who need it and keep the costs for the two-day conference under $100.

2.                   Get the word out on compliance with lead poisoning prevention issues and HUD rules by:

a.       Publishing this newsletter;

b.      Maintaining the website; and

c.       Holding Task Force meetings.

3.                   Get more abatement contractors in Indiana.  We only have four and need more.  The revisions to the state licensing rules should help.

4.                   Improve the quality and consistency of risk assessments. 

Thanks to IHFA Executive Director Kim Wize and Project Manager Mark Young!

Refresher Training for Health Departments

Marion County Health Department received a $10,000 IDEM mini-grant to provide risk assessor refresher training for health departments.  MCHD will arrange for a two-day inspector / risk assessor training class in August for licensed risk assessors at local health departments.  Collaboration at its finest.   For more information, contact Dave McCormick at 317-221-2171 or dmccormi@hhcorp.org.  Thanks to Dave for sharing and to IDEM for approving the grant.

Another Round of Mini-Grants – Applications Due May 30

IDEM had a weak response to the January round of mini-grants.  Many people said that they were not able to respond because of competing priorities such as preparing for the ISDH grant application to CDC.  IDEM has graciously agreed to offer another round of mini-grants.  The work will still need to be done before September 30, and it must directly relate to the licensing of abatement contractors, risk assessors, lead inspectors, supervisors or workers.   Contact Tami Johnson of IDEM at (317) 233-5628 or tsjohnso@dem.state.in.us for more information.

HUD SuperNOFA – Applications Due June 10

Better late than never.  On April 25, HUD released is Super NOFA (Notice of Funding Availability).  See www.hud.gov/offices/adm/grants/nofa/grplead.cfm.  There are four categories that you may be interested in:

1.                    Healthy Homes Demonstration Program - $5 million:  The goal is to reducing health threats (not just lead) to the maximum number of residents, especially children, in a cost efficient manner.  Maximum award of $1 million with up to 8 grants awards.

2.                   Lead-Based Paint Hazard Control Grant Program - $103 million:  Undertake comprehensive programs to identify and control lead-based paint hazards in eligible privately owned housing for rental or owner-occupants in partnership with non-profit organizations including grassroots, faith-based, and other community-based organizations.  A maximum of 35% of the funds will be made available to renewals.  The rest will go to new applicants or grants that expired before June 10, 2003.  The City of Indianapolis received one of these grants last year.  It should be a model for other Indiana communities.  Maximum award is $3 million with 30 to 40 grants awarded.

3.                   Operation Lead Elimination Action Program (LEAP)  - $10 million:  The goal is to leverage private sector resources to eliminate lead poisoning as a major public health threat to young children.  HUD is looking for innovative or creative, local, regional, or nationwide fund raising and/or leveraging and mobilizations strategies that can yield large contributions in a two-year time-frame and also increase awareness of lead hazards and abatement measures in the home.  HUD anticipates making 6 to 10 grants

4.                   Lead Outreach Grant Program - $2.2 million:  The goal is to:

a.       Increase enrollment of low-income housing units for treatment;

b.      Develop and distribute outreach and educational materials in order to raise public awareness of childhood lead poisoning, its prevention, and proper lead hazard identification and control methods among at-risk communities and at-risk populations of children and workers in housing maintenance and rehabilitation fields; and

c.       Encourage occupants to identify potential lead-based paint hazards and report them to property owners and managers, and public health and/or housing officials as appropriate.  Only tribes or state or local units of government can be grantees although partnerships are available.   HUD anticipates awarding 5 to 11 grants.

Please let Tom Neltner know if you are interested in pursuing one of these grants.  He will help you.

10 is Not Enough – Putting a Premium on Primary Prevention!

On April 17, 2003, the New England Journal of Medicine published two peer-reviewed articles on lead.  The study found that children hose peak blood lead level was below 10 μg/dL experienced a 7.4 point decline in their IQ.  Above 10 μg/dL, the decline in IQ was significantly less – 4.6 points per 10 μg/dL.  This study  affirms that IQ levels go down when blood lead levels go up even at levels below 10 μg/dL.  Most significantly, it concludes that the decline in IQ is greater at levels below 10 μg/dL than above 10 μg/dL.  The findings suggest that more U.S. children may be adversely affected by environmental lead than previously estimated. 

The second study found that blood lead levels of 3 μg/dL were associated with significant delays in breast and pubic hair development in African-American and Mexican-American girls.  “These data suggest that environmental exposure to lead may delay growth and pubertal development in girls, although confirmation is warranted in prospective studies.”

The Journal states “Although delays of a fee months in the course of puberty are not likely to be a threat to health, these data raise the possibility of an effect on fundamental development processes occurring in girls from the general U.S. population at commonly encountered blood lead concentrations.  Even though puberty, if delayed by lead, is not delayed by very much, these finds raise the possibility of effects on other hormonally mediated processes.”  Page 1516.   

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.aeclp.org and click on newsletter.  You can also get on the “lsamerica” listserver operated by the Alliance.  Send a blank email from the address where they want to be subscribed to LSAmerica-on@mail-list.com or to LSAmerica-d-on@mail-list.com for the daily digest version.

This newsletter was produced with the assistance of IHFA through federal funds made available by IHFA under the National Affordable Housing Act of 1990, as amended, using HOME Investment Partnerships Program funds allocated by the U.S. Department of Housing and Urban Development.

Please let us know if you do not want to receive this newsletter.  You may get enough emails and faxes already.  We do not want to add to the burden if you are not interested in receiving the materials. 

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 IKE is involved in.