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Lead

Most sources of lead exposure to children have been dramatically reduced.  But we have a legacy that must be addressed - the legacy of deteriorating lead-based paint.  And with 10-15 percent of children in some Indiana neighborhoods having elevated blood lead levels, the problem must be addressed.  Most of IKE's work has been through the Lead-Safe Indiana Task Force, which it formed in September of 1999. 

IKE News: Court of Appeals Says Landlords Are Responsible for Knowing the Law

A new decision by the Indiana Court of Appeals should be fair warning to Indiana landlords that ignorance of lead-based paint laws is no excuse. In an opinion issued on June 9, the court found a Decatur County landlord was “negligent per se” under Indiana law for failing to follow federal requirements related to lead-based paint.

In the case, Ben and Shona Erwin alleged that their two-and-a-half year old son was exposed to lead-based paint, plaster, and other materials in their rented home. The child had blood-lead levels reaching almost 40 micrograms/liter, according to their attorney, Todd Barnes. The boy went from “being able to talk and communicate as a normal two-year-old to talking like an eleven-month-old child,” according to court records.

Landlord Brenda Roe’s defense was that she didn’t know about the federal Lead-Based Paint Hazard Reduction Act and didn’t know there was lead in the rental unit. However, the Court of Appeals found, in a 3-0 decision, that ignorance of the law was not a defense. Roe should have provided the tenants with EPA’s lead hazard information pamphlet and followed other requirements in the law.

“The fact that [the boy] ingested the paint chips was a foreseeable consequence that could have been prevented had Roe provided the Erwins with the informational pamphlet, the opportunity to conduct a risk assessment of the premises, or the required warning language in the lease,” Judge Riley wrote for the court.

“Once Roe was made aware of the defect, we find that Roe should have either repaired the problem or should have allowed the Erwins to break their lease and claim damages. In turn, the Erwins are required to demonstrate their damages for moving expenses, finding a comparable living arrangement, and the remainder of the lease.”

The case was sent back to the Decatur County trial court for further proceedings to determine whether Roe had enough time to fix the problem and to determine any damages due to the Erwins.

The full opinion can be found at this link:  http://www.in.gov/judiciary/opinions/pdf/06091001par.pdf

New U.S. EPA Rules

As of April 22, 2010, new federal rules require lead-safe work practices by trained and certified firms working on renovation, repair and painting (RRP rule). The rules apply to any firm or individual who offers to perform or intends to perform renovations, repair or painting in pre-1978 housing, preschools, daycare centers or other child-occupied facilities. This affects renovators, remodelers, painters, electricians, HVAC companies, window and door replacement firms, and others.

For information on what firms must do to comply, click on the presentation below, presented by IKE to the Metro Indianapolis Coalition for Construction Safety.

Useful links:

EPA RRP Home Page: http://www.epa.gov/lead/pubs/renovation.htm

EPA List of Certified Renovators: http://cfpub.epa.gov/flpp/searchrrp_firm.htm

EPA List of Course Providers: http://cfpub.epa.gov/flpp/searchrrp_training.htm

Environmental Management Institute (EPA training provider): http://www.EnvMgt.org

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Indiana Lead Safe Housing Advisory Council, Final Report Oct 2009

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2008 Report to the Legislature on Childhood Lead Poisoning in Indiana (5/25/09)

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New Case Management Rules (5/25/09)

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Senate Enrolled Act 202 (5/25/09)

Find a Contractor

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a list of Lead Safe Work Practices-trained contractors

March 17, 2008:  Senate Bill 143 passes Indiana House and Senate

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Information about Senate Bill 143--Lead Poisoning Prevention Act of 2008

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Video on Lead Safe Work Practices for Home Repair

Produced by the University of Connecticut’s Healthy Environments for Children Initiative

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Information about the KMart recall of "Lead Free" jewelry

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Link to Consumer Product Safety Commission Recalls

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CDC Nov. 2, 2007 Report

"Interpreting and Managing Blood Lead Levels <10 μg/dL in Children and Reducing Childhood Exposures to Lead"

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Model Housing Code

A Menu of Options

ISDH has published a menu of options for local governments to consider that will make it easier to address lead hazards in housing.  IKE will be working with interested local governments to revise their codes and improve their enforcement processes.

Lead in Toy Jewelry--EPA Settlement

USEPA has agreed to settle the legal challenge brought by IKE and the Sierra Club after it denied the organizations' petition that it address lead in toy jewelry.

Under the settlement, USEPA will:

• write to the Consumer Product Safety Commission about manufacturers' quality control issues

• Send letters to 120 companies regarding the risks of lead and their obligations under federal law

• Put lead on a list of compounds recommended for regulation.

Coupled with the CPSC's agreement to start a rulemaking on lead in toy jewelry, this is a significant step forward to protect children from lead in toys.  Thanks to the Sierra Club and Tom Neltner for their leadership and work on this issue!

View key documents in the case:

Settlement agreement (April 13, 2007)

EPA Denial of Petition (July 20, 2006)

IKE Petition to CPSC and EPA (April 20, 2006)

Lead-Based Paint: the Law in Indiana

 In July 2006, IKE published a comprehensive summary of the lead- based paint law in Indiana, including appendices containing key federal, state and local statutes and other useful materials.  Funded by a grant from the Centers for Disease Control, the manual can be downloaded from IKE's website for free, or is available in hard copy from IKE for the cost of copying ($5.63) and mailing, if any.  Click here for the text and here for the appendices.  Please let IKE know if you have any comments or suggestions to make the document more useful.  Click here for a Request Form.

2007 Supplement available for download here or contact jperras@ikecoalition.org

Informational Pamphlets

In October 2003, IKE and the Task Force have published four pamphlets for property managers, contractors, building permit officers, and professionals who evaluate lead hazards.  These pamphlets reflect the latest word in Indiana and federal law regarding lead-based paint activities.  

Other Information

In March 2005, the Indiana State Department of Health released its final report for 2004 as required by SEA-367 on blood lead testing in each of Indiana's 92 counties:

IKE has put special emphasis on rental housing quality in Indianapolis.

There are great resources available for more information about lead and lead poisoning.  Click here for helpful weblinks and publications.

The Task Force publishes a Lead-Safe Indiana Newsletter.  Here are links to past issues editions.  

• August 2008 Edition

• April 2008 Edition

• December 2007 Edition

• September 2007 Edition

• May 2007 Edition

• March 2007 Edition

• December 2006 Edition

• October 2006 Edition

• June 2006 Edition

• December 2005 Edition

• August 2005 Edition

• May 2005 Edition

• April 2005 Edition

• February 2005 Edition

• December 2004 Edition

• October 2004 Edition

• September 2004 Edition

• July 2004 Edition

• April 2004 Edition

• March 2004 Edition

• December 2003 Edition

• October 2003 Edition

• September 2003 Edition

• June 2003 Edition

• May 2003 Edition

• March 2003 Edition

• Feb. 2003 Edition

• Nov. 2002 Edition

• Sept. 2002 Edition

• June 2002 Edition

• March 2002 Edition

• January 2002 Edition

IKE's key activities on lead poisoning include:

• Implementing Recommendations to Governor
• Chairing Lead-Safe Indiana Task Force
• Coordinating Annual Conference 
  • 2001
  • 2002 Overview & Recap/Presentations
  • 2003
  • 2004
  • 2005
• Hosting Annual Leadership Awards 
  • 2001
  • 2002
  • 2003
  • 2004
  • 2005
• Posting Maps of High-Risk Neighborhoods
• Supporting Projects to Fund Improvements such as Windows of Opportunities
• Working with Paint Retailers to Provide Sound Advice
• Facilitate Training and Technical Assistance to Risk Assessors and Maintenance Workers
• Support local coalitions.
• Improving Indy Rental Housing Quality

For additional information:

• Indiana Housing and Finance Authority is the lead for the state on managing HUD financed housing.  See Kernan on Lead-Based Paint Hazards for the Lieutenant Governor's statement on the issue.
• Indiana Dept. of Environmental Management 1999 State of the Environment on Lead Poisoning for a geographical presentation of the locations in the state where lead poisoning cases may be occurring. 
• Indiana State Department of Health statistics on lead poisoning in Indiana counties.

Lead hazards in Indianapolis' Apartment Buildings.

Articles from IKE's Newsletters before 2002

August 2001 IKE Newsletter Articles Related to Lead Poisoning

• Lead-Safe Indiana Task Force Update
• Upcoming Task Force Meetings
• Lead-Safe Indiana Conference!  Coming Up on Nov. 7 and 8
• $71 Million for "Windows of Opportunity"

• Success Brings Opportunities

• Where Does Project Stand as of 8-1-01?

• Why Windows?

• XRFs for Local Agencies - FSSA Investing in Technology

• Indiana Medicaid Progresses on Lead Poisoning But Still Falls Short

March 2001 IKE Newsletter Articles Related to Lead Poisoning

• Lead Legislation Provides Clarity and Enables Progress:  Indiana SB-320.

• Why is SB-320 Needed?

• What Does SB-320 Require?

• Hats Off to Porter Paints

• Local Coalitions Flourish

• Lead-Safe Indiana Conference:  Nov. 6 and 7, 2001

• Other News on Lead Poisoning Prevention in Indiana

August 2000 IKE Newsletter Articles Related to Lead Poisoning

• Snapshot of Current Activities
• New Indiana Rule Requires Follow-Up on Elevated Blood Lead Levels by Local Health Officers
• HUD Rules Require Communications Between Health and Housing Authorities
• ISDH Adopts Blood Lead Screening Guidelines
• HUD Rule Brings Big Changes on Sept. 15.
• Paint Association Takes Proactive Stance.

April 2000 IKE Newsletter Articles Related to Lead Poisoning

• IKE publishes Draft Recommendations to Indiana's Governor to enhance administrations lead poisoning prevention efforts.
• Should Indiana require mandatory reporting of all blood lead tests or only positive venous tests?  State to decide on May 10.
• Medicaid testing report shows that data is incomplete.
• HUD rules bring big changes to maintenance work.
• May 11 Indiana Statewide Lead Poisoning Conference in Indy.
• Who needs training?  Retail paint suppliers!
• IN State Dept. of Health sets short-term goals.
• Bureaucratic snafu stifles help to at-risk families.
• Tighter standards for Muncie' secondary lead smelter - tighter than EPA requires
• Don't make a mess!  Indiana requires clean-up of lead paint chips left on ground from renovation and remodeling.

July 1999 Newsletter:  Getting the Lead Out — Of our Kids!