This list is not intended to be exhaustive, but rather to provide laws that could serve as models for other communities. Most of the laws cited below apply to residential settings. However, for topics such as mold and indoor air quality, where legislation applicable to housing is still in the nascent stages, laws pertaining to work places, child care centers, or schools may be included. For regulations pertaining to housing construction or maintenance, please see Housing and Building Codes.

Mold/Moisture:

CA: Cal. Health and Safety Code, §§ 26100 et seq. [SB 732 (2001)] – California’s Toxic Mold Protection Act – requires the state’s Department of Health Services (DHS) to convene a task force to consider the feasibility of adopting exposure limits to mold in indoor environments (and to adopt standards if feasible). The Act also directs DHS to adopt practical standards to assess the health threat posed by mold; develop remediation guidelines; and assess the need for standards covering mold assessment and remediation professionals. Landlords are required to provide written disclosure of known mold contamination to tenants prior to entering into a lease and to provide a DHS brochure on mold, however, these requirements do not become effective until after the standards are adopted and DHS creates a brochure. City attorneys, as well as code enforcement and public health officials are authorized to enforce the Act, which largely has gone unimplemented due to lack of funding.

CA: Cal. Health & Safety Code, §§ 26200 et seq. [AB 284 (2001)] requires the California Research Bureau, in consultation with the state’s Department of Health Services, to assemble a review panel to study fungal contamination in indoor environments. The review panel is required to examine the health effects of mold exposure, practices for assessing contamination, the appropriateness of commercially available methods for identifying fungal contamination, and options for preventing and remediating mold in indoor environments. The panel was required to submit its findings to the legislature and the Director of Health Services by January 1, 2003. As of April 2003, the report was not ready for release.

CA: Housing Law, Health and Safety Code, § 17920.3 provides that any dwelling in which dampness in habitable rooms; ineffective waterproofing of exterior walls, roof, foundations, or floors; or defective weather-proofing endanger the life, limb, health, property, safety, or welfare of the occupants is deemed to be a substandard building. The state’s Civil Code requires owners to repair conditions that render a unit substandard, and also sets forth a tenant’s recourse if a landlord fails to repair dilapidated conditions within a reasonable time after notice. (Civil Code, §§ 1941-1942) California’s Housing Law requires enforcement officials to abate substandard conditions identified during inspections, sets forth fines and penalties, provides for receivers to oversee correction of substandard conditions, and requires recording of notices of violation in the county recorder’s office. (Health and Safety Code, §§ 17960 – 17995.5)

LA: HB 1328 (2003) requires persons performing mold remediation to be licensed, starting July 1, 2004. The law sets forth minimum requirements for education, training, insurance, and net worth for persons seeking to become licensed.

MD: SB 283 (2001) created a task force on IAQ to study risks posed to workers by molds in HVAC systems in office buildings. The Task Force issued its Final Report in June 2002, available at www.dllr.state.md.us/labor/indoorairfinal/iaqfinalreport.pdf. The recommendations include creating an Office of Indoor Air Quality within the state’s Department of Environment; requiring office building owners and operators to comply with standards that will prevent most IAQ problems; creating a permanent Advisory Council on IAQ; and considering how to implement an IAQ surveillance program.

NJ: SR 77 (2001) urges the state’s Commissioners of Health and Senior Services, and Community Affairs to develop methods to help residents identify and address stachybotrys mold, and to investigate health effects and cleanup methods.

TX: HB 329 (2003) requires the Texas Department of Health to develop regulations to license mold assessors and remediators, and establish and enforce minimum performance standards and work practices for mold assessment and remediation. Final regulations implementing the law took effect in May 2004. The Alliance is concerned that the approach being taken by the Department of Health will put moisture and mold prevention, assessment, and control out of reach for low-income households.

TX: HB 730 (2003) establishes statutory warranties of habitability and building and performance standards for new construction and significant improvements in single-family homes. The building and performance standards will incorporate mold reduction and remediation standards, including methods for recognizing mold, measures for limiting moisture intrusion into homes, and mold remediation techniques. The Texas Residential Construction Commission created under the law is required to appoint a task force to assist it in developing the mold standards. The law also requires the commission and the task force to consider the feasibility of setting indoor mold exposure limits.

Indoor Air Quality:

CA: Housing Law, Health and Safety Code, § 17920.3 provides that any dwelling in which inadequate ventilation, fireplaces or chimneys endanger the life, limb, health, property, safety, or welfare of the occupants is deemed to be substandard. The state’s Civil Code requires owners to repair conditions that render a unit substandard, and also sets forth a tenant’s recourse if a landlord fails to repair dilapidated conditions within a reasonable time after notice. (Civil Code, §§ 1941-1942) California’s Housing Law requires enforcement officials to abate substandard conditions identified during inspections, sets forth fines and penalties, provides for receivers to oversee correction of substandard conditions, and requires recording of notices of violation in the county recorder’s office. (Health and Safety Code, §§ 17960 – 17995.5)

FL: Fla. Stat. § 404.056 authorizes the Department of Health to establish environmental radiation standards for buildings, and to certify persons performing radon measurement or mitigation. The law also requires radon testing for state-licensed day care centers in areas with intermediate or elevated radon potential. Notification of the health risks associated with radon must be provided at the time of, or prior to, a contract for sale or execution of a rental agreement for any building, including residential buildings.

NH: N.H.R.S., § 125.9 requires the department of health and human services to investigate complaints of poor indoor air quality and to conduct inspections of dwellings upon request for radon or other health hazards present in indoor air; and to provide recommendations on abatement of IAQ hazards in conjunction with the University of New Hampshire cooperative extension.

NJ: N.J.S.A. § 30:5B-5.2 requires radon testing in licensed child care centers every five years, as well as posting of test results and any measures taken to mitigate the presence of radon.

NJ: N.J.S.A. § 52:27D-133.3 requires carbon monoxide detectors to be installed and no potential carbon monoxide hazards to be present upon change of occupancy in buildings with less than three dwelling units in order for a certificate of occupancy to issue. If no certificate of occupancy is required, the owner must obtain a certificate from the fire department indicating that the dwelling is equipped with carbon monoxide detectors and no potential carbon monoxide hazards exist upon change of occupancy.

NJ: N.J.S.A. § 55:13A-7.17 requires every dwelling unit in multiple dwellings (containing three or more units) to be equipped with a carbon monoxide detector, unless it is determined that no potential carbon monoxide hazards exist.

OH: Ohio Rev. Code Ann. § 3701.82 requires fuel-burning space heaters and furnaces to be vented to the outdoors when used in living quarters or enclosed spaces.

RI: R.I. Gen. Laws, § 23-28.34-1 requires smoke detectors and carbon monoxide detectors to be installed in buildings constructed or converted for residential occupancy. §§ 23-28.35-1 et seq. requires smoke and carbon monoxide detectors to be installed in existing buildings, including apartment dwellings, by owners prior to transfer of title. Upon transfer of title, seller must provide a certificate of inspection indicating that smoke and carbon monoxide detectors are in good working order.

TX: Health & Safety Code, § 385.001 required the Texas Board of Health to establish voluntary guidelines for indoor air quality in government buildings (including public schools), including guidelines for ventilation and indoor air pollution control systems.

WV: W. Va. Code § 29-3-16a requires carbon monoxide detectors to be installed in newly constructed residential units, and requires persons performing maintenance or repairs on fuel-burning heating or cooking sources in existing residential units to inform the occupants of the dangers of carbon monoxide, and to recommend installation of a carbon monoxide detector.

Lead:

CA: SB 460 (2002) provides that lead hazards are violations of the state’s housing law and make a unit “untenantable.” Lead hazards include deteriorated lead-based paint, lead-contaminated dust, lead-contaminated soil, and disturbing lead-contaminated paint without containment. Jurisdiction for enforcement rests with the local housing or building department, or if there is no building department, with the local health department or environmental agency. If an owner fails to comply with an order to correct a violation or a nuisance exists, the enforcement agency should institute action to abate the nuisance. Tenants must be provided with notice of any violations.

HI: HB 654 (2001) requires lead-free plumbing fittings or fixtures during repair or installation of plumbing providing water for human consumption.

IN: HB 1171 (2002) provides for the licensing and training of clearance examiners. The law also prohibits unsafe methods of paint removal during renovation, remodeling, maintenance and lead hazard reduction activities in pre-1960 housing and child-occupied facilities, and requires cleanup of visible lead paint debris within 48 hours after exterior work. Labs must report results of all blood lead tests to the state health department, and state and local health departments must share blood lead data with organizations administering federally assisted housing programs.

MA: M.G.L. ch. 111, § 197A requires notification of lead hazards to prospective purchasers and lessors of premises. Owners must provide prospective tenants with a form containing information on the dangers of lead-based paint, measures to reduce risk, and requirements of the state’s lead poisoning prevention law; disclose any known information on lead-based paint in the unit to be rented; and provide copies of any reports.

MI: HB 5117 (2004) requires a clinical laboratory that analyzed a blood sample for lead to report its findings to the Michigan Dept. of Community Healthy in electronic format. The requirements will take effect on Oct. 1, 2005.

MI: HB 5119 (2004) requires that the Michigan Dept. of Community Health works to ensure that any health care provider, health care facility, or HMO receiving Medicaid payments conducts screenings for lead poisoning in children covered by Medicaid, starting Jan. 1, 2006.

NJ: S 1348 (2004) creates a $10 million annual fund to evaluate lead-based paint hazards in low-income housing and offers low-interest loans and grants for abatement projects. The bill creates a separate fund to help relocate lead-poisoned children and establishes a registry of lead-safe housing. The bill also requires lead inspections in five-year cycles for rental properties with three or more housing units constructed before 1978, unless they are certified as being free of lead-based paint.

New Orleans, LA: New Orleans Code of Ordinances, Chapter 82, Article VIII prohibits unsafe work practices, including burning and torching, uncontained scraping or sanding, hydro blasting, sand blasting, heat guns above 1100 degrees Fahrenheit, or other methods creating excessive lead dust or airborne lead levels.

Philadelphia, PA: The city’s Health Code, § 6-403 prohibits owners subject to lead hazard control orders from evicting tenants, coercing tenants into abandoning the unit, changing the lease terms, re-renting the unit to subsequent tenants before the hazards are eliminated, or collecting rent from the tenant if the owner fails to comply with the lead hazard control order, and provides for tenant enforcement in case of violations.

RI: The Rhode Island Lead Poisoning Prevention Act, General Laws, Chapter 23-24.6 requires property owners to comply with reasonable maintenance standards; mandates independent periodic inspections including dust testing at unit turnover or annually (whichever is less frequent); prohibits insurance exclusions for complying property owners; requires notice to other tenants in a building where a child is poisoned; provides for creation of a database of rental property owners violating lead hazard control orders; contains lead hazard disclosure provisions; prohibits retaliatory evictions; and contains strong enforcement provisions.

San Francisco, CA: The San Francisco Building Code, Chapter 36 prohibits unsafe work practices for exterior work on pre-1978 residential, commercial or steel structures, including burning and torching, uncontained scraping or sanding, hydro blasting, sand blasting or heat guns above 1100 degrees Fahrenheit.

San Francisco, CA: The San Francisco Health Code, Article 26 sets forth a Comprehensive Environmental Lead Poisoning Investigation, Management and Enforcement Program. Although focused largely on units housing lead-poisoned children, the Program provides for inter-agency coordination; involves NGOs in a Citizen’s Advisory Committee; involves a range of city agencies in outreach and education; and authorizes inspections and abatement of hazards in units housing lead-poisoned children.

TN: SB 1650 (2001) requires persons performing renovations for compensation in target housing and child-occupied facilities to provide a lead hazard information pamphlet prior to commencing the renovation.

VT: Vermont Statutes, Title 18, Chapter 38, § 1759 sets forth Essential Maintenance Practices requiring property owners to perform periodic visual inspections, paint stabilization, and specialized cleaning; use safe work practices; attend training; and provide information to occupants on lead hazards and how to report them.

Pesticides:

*For compilations of state and local pesticide laws and policies affecting schools, see Are Schools Making the Grade? School districts nationwide adopt safer pest management policies [PDF] at the Beyond Pesticides website. For federal pesticide laws, see Pesticides.

AZ: HB 2144 (2001) requires disclosure of pesticide use during the past 3 years when selling property. It also requires continuing education for certified pesticide applicators to include Integrated Pest Management, which is defined to include monitoring; determination of tolerable pest levels; improved sanitation and physical measures; non-toxic biological or mechanical methods; and chemical pesticides, if necessary.

CA: Business and Professions Code, § 8538 requires registered pest control companies to provide owners and tenants of premises where work is to be done notice of the pest to be controlled, the pesticide to be used, and information on what to do if recipient experiences health effects. Owners who contract for periodic pest control services are required to provide new tenants a copy of this notice under the state’s Civil Code, § 1940.8.

ME: 7 MRSA § 2401 et seq. establishes an IPM Council to promote the adoption of IPM in the state.

ME: 22 MRSA § 1471-M(7) requires the Board of Pesticides Control to report on aggregate pesticide use, and to develop a measure to estimate sales and types of pesticides used by homeowners.

NY: N.Y. Environmental Conservation Law, § 33-1001 et seq. requires commercial lawn pesticide applicators to affix markers along the perimeter of areas where pesticides are applied instructing persons not to enter the property or remove the signs for at least 24 hours after the pesticide application; and authorizes municipalities to pass additional notification provisions specified in the state’s law.

RI: SB 2465 (2002) requires the departments of environmental management and health to restrict the use of hazardous pesticides in schools, pre-schools, and child care centers, and to promote the use of integrated pest management. Parents are to be notified prior to pesticide applications, which are prohibited at these facilities during regular business hours.

TX: Texas Revised Civil Statutes, Article 135b-6, contains the state’s Structural Pest Control Act. The Act requires licensing of pesticide applicators, including employees of apartment building owners who engage in structural pest control. Licensed pesticide applicators must provide a consumer information sheet on pesticides to residents at time of indoor and outdoor treatments in one to four unit rental buildings, and provide owners of buildings with five or more units with the sheet 48 hours prior to application so they can provide copies to residents upon request. In buildings with five or more rental units, a notice must be posted 48 hours prior to treatment. The notice must include contact information for the pesticide applicator, apartment manager or other person who can provide information on the pesticide to be used. The Act also contains notice provisions and integrated pest management requirements for schools.

Sources for Additional Resources:

Findlaw - State Cases, Codes, Statutes, and Regulations

National Conference of State Legislatures - Environmental Health Legislation Database