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State Laws
Related to Healthy Homes
Jump to Map or Table at
Beginning, Middle or
End
"When enforced, housing and building codes have resulted in better
constructed and maintained buildings and in improved health. For example,
strict housing code enforcement has been demonstrated to reduce the
likelihood of death in residential fires (Cummins and Jackson 2001) and lead
poisoning in homes where lead-poisoned children live (Brown et al. 2001). A
large number of programs, codes, and regulations exist that have the
potential to influence changes in the environmental conditions in homes."
The
Surgeon
General's
Call to Action to Promote Healthy Homes, May 2009
| Click on a state to see the codes
for the state |
Laws set the minimum standards needed to protect the
health of residents in their homes. The laws can be made at the federal,
state and local level. Traditionally, the federal government set standards
in three circumstances: for specific hazards such as lead and asbestos;
when federal funds are involved; and where products pose a serious hazard.
There is no federal housing code, building code, or health code. States
and localities are left to set standards and fill the gaps. Some states
have acted. Others leave it to localities. Increasingly, they rely
on model codes that they modify to fit their needs. As a result, we have a
complicated mix of laws that apply to each community.
The National Center for Healthy Housing
and the National Conference of State Legislatures
have partnered to identify and analyze the state laws that impact healthy
homes. This work is funded by U.S. Centers for Disease Control and
Prevention (CDC) and the U.S. Department of Housing and Urban Development (HUD).
HUD supports the effort to further its Long-Term Strategy under Goal #3 in its
June 2009 "Leading
Our Nation to Healthier Homes: The Healthy Homes Strategic Plan."
HUD committed to "Support the
Creation and Adoption of Health-Protective Housing Codes and Enforcement
Strategies: In the absence of
federal regulations governing healthy homes issues beyond lead‐based paint,
state and local policies will continue to be key mechanisms for change. The
Healthy Homes program will support research necessary to clarify and strengthen
existing evidence for specific changes to the building or property maintenance
codes, and facilitate the adoption of effective health protective practices into
existing codes."
As part of this effort, NCHH and NCSL developed this
webpage to provides users with links to the provisions of state codes that are
directly related to healthy homes. Knowing the status of state laws will
provide a more solid footing for local efforts and may set the stage for state
efforts. To make it easier, NCHH and NCSL divided the codes into
categories. For three types of codes that broadly affected housing -
landlord-tenant laws, housing / maintenance codes, and health / sanitation codes
- we affirmatively determined that the state did or did not have a code.
For other codes related to specific problems, we were as thorough as we could.
See the end of the table for a description of each category and the acronyms.
It is an ongoing effort. We would
appreciate your feedback on the materials, missing links and additional
references. Please contact NCSL's Doug Farquhar
at doug.farquhar@ncsl.org.
State Landlord Tenant Laws:
Landlord / tenant duties in
each state; Comparison of state
requirements to Uniform Residential Landlord-Tenant Act (URLTA);
Summary of
interesting duties not related to URLTA.
|
State Adoption of Statutes or
Codes Related to Healthy Homes |
|
State |
Landlord-Tenant |
Housing / Maintenance |
Health / Sanitation |
Construction / Rehab |
Disclosure |
Product Standards |
Lead |
Carbon
Monoxide |
Asbestos |
Radon |
Other |
Comments |
|
Alabama (Search) |
URLTA |
None Found |
None Found |
Bldg Code /
Flood Areas
IBC not IRC & IEBC |
|
|
Webpage /
Code |
|
Asbestos |
|
Home
Inspection |
|
|
Alaska |
URLTA |
None Found |
None Found |
IBC not IRC & IEBC |
At sale if ag-related
problems |
|
|
If fuel-burning device or garage |
Asbestos |
|
Home Inspection |
|
|
Arizona |
URLTA
Mobile Homes |
None Found |
None Found |
IBC not IRC &
IEBC |
|
|
Webpage /
Code |
|
|
|
Home
Inspection |
|
|
Arkansas |
Landlord-Tenant |
None Found |
None Found |
IBC & IRC not
IEBC |
|
|
Webpage
/
Code |
|
Asbestos |
|
Home
Inspection |
|
|
California
(Search) |
Landlord-Tenant /
Mobile Homes |
State Housing /
Manufactured
Housing /
Mobilehome
Parks |
State Housing Law |
Building
/
Earthquake / IAQ
/ Employee
/ Factory-Built
/ EE &
ASHRAE 62.2 / IBC not IRC & IEBC |
Broad |
|
Webpage /
Program /
Codes /
Buildings |
|
Asbestos |
Radon |
Toxic Mold / Home Inspection |
|
|
Colorado |
Landlord-Tenant |
None Found |
None Found |
IBC not IRC & IEBC |
|
|
Webpage / Code |
CO |
Asbestos |
|
|
|
|
Connecticut |
URLTA /
Mobile Homes |
None Found |
Public
Health Code /
Rental Health Code |
Building /
Renovators /
IBC, IRC, & IEBC |
Disclosure |
|
Webpage /
Code |
CO |
Asbestos |
Radon |
Pesticide /
Mold
Guidelines / Home Inspection |
|
|
Delaware |
Landlord-Tenant |
State Housing Code |
None Found |
None Found |
General |
|
Webpage
/
Code |
|
Asbestos
NESHAP |
|
Smoke Alarm
/ Fire |
|
|
District of Columbia |
Code /
Brochure |
IPMC
/
Housing Code |
None Found |
IBC, IRC, & IEBC |
|
|
Webpage / Code /
Brochure |
CO |
Yes |
Radon |
|
|
|
Florida
(Search) |
URLTA /
Condo Code |
None Found |
None Found |
Building /
Radon /
IBC, IRC, & IEBC |
|
|
Webpage / Code |
CO |
Asbestos |
Radon |
Mold (7-1-10) /
Home Inspection
(7-1-10) |
|
|
Georgia |
Landlord-Tenant |
None Found |
None Found |
Building / IBC & IRC not IEBC |
|
|
Webpage / Code |
|
Partial Return to EPA |
|
Fire / Home Inspection |
|
|
State |
Landlord-Tenant |
Housing / Maintenance |
Health / Sanitation |
Construction / Rehab |
Disclosure |
Product Standards |
Lead |
Carbon
Monoxide |
Asbestos |
Radon |
Other |
Comments |
|
Hawaii |
URLTA |
None Found |
None Found |
IBC not IRC &
IEBC |
|
|
Webpage / Code |
|
Asbestos |
|
|
|
|
Idaho
(Search) |
Mobile Homes /
Condos /
Floating
Homes |
None Found |
None Found |
IBC & IRC not
IEBC |
|
|
|
|
|
|
|
|
|
Illinois |
Landlord-Tenant /
Mobile Homes |
None Found |
None Found |
Building / IBC & IEBC |
Disclosure |
|
Webpage /
Program /
Certification |
CO |
Asbestos |
Radon |
Mold Law / Home Inspection |
|
|
Indiana
(Search) |
Landlord-Tenant |
None Found |
None Found |
IBC, IRC, & IEBC |
|
|
Webpage /
Program /
Regs /
Certification |
|
Asbestos |
Radon |
Smoke Alarm
/ Home Inspection |
|
|
Iowa |
URLTA /
Mobile Homes |
None Found |
None Found |
IBC, IRC, & IEBC |
|
|
Webpage / Code |
|
Asbestos
Website Law
/ Rules |
Radon |
|
|
|
Kansas |
URLTA |
None Found |
None Found |
IBC & IRC not
IEBC |
Radon Disclosure |
|
Webpage / Code |
|
|
Radon |
|
|
|
Kentucky |
URLTA Duties |
None Found |
None Found |
IBC & IRC not
IEBC |
|
Lead in Paint |
Webpage / Code |
|
Asbestos |
Radon |
Home
Inspection |
|
|
Louisiana |
Landlord-Tenant |
None Found |
None Found |
Building /
IBC, IRC, & IEBC |
|
Products |
Webpage / Program /
Certification |
|
Asbestos |
|
Mold /
Home Inspection |
|
|
Maine
(Search) |
Landlord-Tenant |
None Found |
None Found |
IBC, IRC, & IEBC |
Disclosure |
|
Webpage / Program /
Certification |
|
Asbestos |
Radon |
Mold /
Pest |
|
|
Maryland
|
Landlord-Tenant |
None Found |
None Found |
Building /
IBC, IRC, & IEBC |
Disclosure /
Warranties |
Household Substances |
Webpage / Program /
Certification |
CO |
Asbestos |
Radon |
Mold /
Smoke Alarm / Home Inspection
|
|
|
State |
Landlord-Tenant |
Housing / Maintenance |
Health / Sanitation |
Construction / Rehab |
Disclosure |
Product Standards |
Lead |
Carbon
Monoxide |
Asbestos |
Radon |
Other |
Comments |
|
Massachusetts |
Brochure |
None Found |
Sanitary Code
/
Alt Version |
IBC & IRC not IEBC |
|
Lead in Products |
Webpage / Code |
CO |
Asbestos |
|
Fire /
Home Inspection |
|
|
Michigan |
URLTA Duties |
IPMC
in IBC
/
Housing Law |
Local Health Code |
Building /
Condos /
IBC, IRC, & IEBC |
Disclosure |
|
Webpage / Code |
CO |
Asbestos |
|
Fire |
|
|
Minnesota |
Landlord-Tenant |
None Found |
None Found |
Building /
IBC & IRC not IEBC |
|
|
Webpage / Code |
CO |
Asbestos |
|
|
|
|
Mississippi |
URLTA |
None Found |
None found |
IBC & IRC not
IEBC |
|
|
Webpage / Code |
|
Asbestos |
|
|
|
|
Missouri |
Landlord-Tenant |
None Found |
None Found |
IBC & IRC not
IEBC |
|
|
Webpage / Code |
|
Asbestos |
|
Fire |
|
|
Montana |
URLTA Duties |
None Found |
None Found |
IBC, IRC, & IEBC |
Radon Disclosure |
|
|
|
Asbestos |
Radon |
Home
Inspection |
|
|
Nebraska |
URLTA |
None Found |
None Found |
IBC & IRC not
IEBC |
|
|
Webpage / Code |
|
Asbestos |
Radon |
Pest Law /
Pest Regs |
|
|
Nevada |
Landlord-Tenant |
None Found |
Authorizes Local
Codes |
IBC, IRC, & IEBC |
|
|
|
|
Asbestos |
|
Pest Control |
|
|
New Hampshire |
Landlord Duties |
None Found |
Authorizes Local
Codes |
Building Code / IBC & IRC not
IEBC |
Disclosure |
|
Webpage / Code |
CO |
Website /
Asbestos |
Radon |
|
|
|
New Jersey |
Landlord-Tenant Duties /
webpage |
None Found |
None Found |
Building / IBC & IRC not IEBC |
|
Lead in Paint |
Webpage /
Permits /
Certification |
CO |
Asbestos |
Radon |
|
|
|
New Mexico |
URLTA |
None Found |
None Found |
IBC, IRC, & IEBC |
|
|
|
|
|
|
Pesticides webpage |
|
|
State |
Landlord-Tenant |
Housing / Maintenance |
Health / Sanitation |
Construction / Rehab |
Disclosure |
Product Standards |
Lead |
Carbon
Monoxide |
Asbestos |
Radon |
Other |
Comments |
|
New York |
Landlord-Tenant Guide |
IPMC |
Nuisances /
Multi-family Dwelling |
Building Conversion / IBC, IRC, & IEBC |
Disclosure |
|
Webpage / Code |
CO |
Asbestos |
|
Fire / Home
Inspection |
|
|
North Carolina |
Landlord-Tenant /
2009 Amendments |
Minimum Housing Standards |
None Found |
Code
/
Inspection / IBC & IRC not IEBC |
Disclosure |
|
Webpage /
Program /
Certification /
2009 Changes |
Rental /
Building |
Asbestos |
|
Pest Law /
Pest
Structural |
|
|
North Dakota |
None Found |
None Found |
None Found |
IBC & IRC not
IEBC |
|
|
Webpage / Code |
|
Asbestos |
|
|
|
|
Ohio |
Landlord-Tenant |
Unsafe
Buildings
|
Public
Nuisance |
Code
/
Standards
/ IBC & IRC not IEBC |
Disclosure |
|
Webpage /
Abatement Law
/ Abatement
Rules /
Program Rules
|
|
Asbestos Law /
Asbestos
Rules |
Radon |
Heaters |
|
|
Oklahoma |
URLTA |
Local Housing Code |
None Found |
IBC, IRC, & IEBC |
|
|
Webpage / Code |
|
Asbestos |
|
Mold
Inspection |
|
|
Oregon |
URLTA |
None Found |
None Found |
Building
/ IBC & IRC not IEBC |
Disclosure |
|
Webpage /
Program /
Certification |
|
Yes |
|
IAQ /
Fire |
|
|
Pennsylvania |
Landlord-Tenant |
None Found |
Local Health
Codes |
Building
/ Radon Demo / IBC, IRC, & IEBC |
|
Lead in
Plumbing Ban |
Webpage / Code |
|
Asbestos |
Radon |
|
|
|
Rhode Island
(Search) |
URLTA |
Housing Code |
None Found |
Building /
IBC & IRC not IEBC |
Disclosure |
|
Webpage / Code |
CO |
Yes |
Radon |
|
|
|
South Carolina |
URLTA |
None Found
|
None Found |
IBC & IRC not
IEBC |
Disclosure |
|
Webpage /
Code |
|
Asbestos |
|
|
|
|
State |
Landlord-Tenant |
Housing / Maintenance |
Health / Sanitation |
Construction / Rehab |
Disclosure |
Product Standards |
Lead |
Carbon
Monoxide |
Asbestos |
Radon |
Other |
Comments |
|
South Dakota |
Landlord-Tenant AG
Guide |
None Found |
None Found |
IBC not IRC &
IEBC |
Disclosure |
|
|
|
Yes |
|
|
|
|
Tennessee |
URLTA |
Rental Habitability /
None Found
for Owner Occupied |
Rental Habitability
|
Building
/ IBC not IRC & IEBC |
|
|
Webpage / Code |
|
|
|
Smoke Alarm |
|
|
Texas |
Landlord-Tenant
/
Manufactured
Housing |
None Found |
Nuisance |
IBC & IRC not
IEBC |
Disclosure |
|
Webpage /
Program /
Certification |
CO |
Yes |
|
Mold Law /
Mold Rules |
|
|
Utah
TOC |
Fit
Premises |
None Found
|
None Found |
Urban
Renewal / IBC & IRC not IEBC |
None Found |
|
Webpage / Code |
CO |
Yes |
|
|
|
|
Vermont |
Landlord-Tenant /
Mobilehome Park |
Rental
Housing /
None Found
for Owner Occupied |
Mobile Homes |
IBC not IRC &
IEBC |
|
|
Webpage / Code |
CO |
Yes |
|
|
|
|
Virginia |
URLTA |
IPMC except for pests
|
None Found |
Building /
Rehab /
IBC, IRC, & IEBC |
|
|
Webpage / Program /
Certification |
|
Asbestos |
Radon |
Mold -
Enacted 3-27-09 |
|
|
Washington |
URLTA
/
Manufactured
Housing |
None Found |
Nuisance
|
IAQ
Defense / Maint
/ IBC & IRC not IEBC |
Disclosure /
Rental |
PBDE /
Lead-Cadmium-Phthalates |
Webpage / Code |
CO |
Yes |
|
Sewage /
Wells /
Smoke Alarm
|
|
|
West Virginia |
Landlord-Tenant |
None Found |
None Found |
IBC, IRC, & IEBC |
|
|
Webpage / Code |
CO |
Yes |
Radon |
|
|
|
Wisconsin |
Landlord-Tenant Law /
Rules |
None Found |
None Found |
IBC & IEBC not
IRC |
Disclosure |
|
Webpage / Code
/
Rules |
|
Asbestos Law
/
Rules |
Radon |
No mold
laws / Mold webpage |
|
|
Wyoming |
Landlord-Tenant |
None Found |
None Found |
IBC not IRC &
IEBC |
|
|
|
|
|
|
|
|
|
State |
Landlord-Tenant |
Housing / Maintenance |
Health / Sanitation |
Construction / Rehab |
Disclosure |
Product Standards |
Lead |
Carbon
Monoxide |
Asbestos |
Radon |
Other |
Comments |
Notes on Table:
-
Click on the state name to go to the website for
the state legislature. Where we could, we linked directly to the
search engine for the state law. You can use it to look up citations
or topics and to confirm that you have the latest version of the law.
-
NCHH and NCSL focused the research on the first
three columns (Landlord-Tenant, Housing/Maintenance, and Health/Sanitation).
Where you see a "none found," it means that we were unable to find a law in
the state that fit that category. We have not yet completed the check
for the other columns. In those columns, if we did not find anything,
the box is blank.
-
NCHH and NCSL will continue to update the table
is it identifies necessary changes. If you see something missing or in
error, please contact NCSL's Doug Farquhar
at doug.farquhar@ncsl.org. We
can also add links to brochures and webpages summarizing the law.
-
The Categories:
-
Landlord-Tenant:
We included laws that addressed the relationship between the owner and the
occupant. Typically, these are landlord-tenant laws. But they
also include laws dealing with condominium associations and mobile home
parks. For landlord-tenant situations, the nation's model is the
Uniform Residential Landlord Tenant Act (URLTA). The
National Conference of Commissioners on Uniform State Laws adopted it in
1972. Thirty-three (33) states have adopted it with variations. Where the state
has adopted URLTA, we noted that in the link. Otherwise it says
"landlord-tenant." Most landlord-tenant laws assign specific
responsibilities to the landlord and the tenant for housekeeping,
maintenance and repair and incorporate the local housing and health codes by
reference. In a few cases, because of the formatting in some state
websites, we provided only a summary of those landlord and tenant
responsibilities. For more details.
-
Housing / Property
Maintenance: We included laws that set minimum standards for the
condition of housing or property. Where it was clearly limited to a
type of housing such as rental, we noted the limited. The nation's
model is the International Property Maintenance Code (IPMC). Adopted
in 1999 by the
International Code Council as part of a package of model codes for
building, fire, plumbing, electrical, and mechanical construction. Two
states - New York and Virginia - and more than 600 communities have adopted
it with variations. For more details.
-
Health / Sanitation: We included minimum health-related laws that were focused on housing. Many standard have broad nuisance, sanitation, or rodent control standards
that could be applied to housing. These laws are typically managed by
the health department rather than the housing department. There is no
current model code but the historical model was adopted by the
American Public Health Association (APHA) in 1934.
For more details.
-
Construction: We included in this section, laws
that described how the construction or repairs must be done. Most
states rely on the International Code
Council's model codes for construction. The International
Residential Code (IRC) applies to construction and rehabilitation of one-
and two-family dwellings. The International Building Code (IBC)
applies to construction and rehabilitation of buildings not covered by the
IRC. The International Existing Building Code (IEBC) applies to
rehabilitation and maintenance of existing buildings. It is the most
appropriate code for existing homes. We noted the state's adoption of
the IRC, IBC and IEBC where ICC reported it.
-
Product Standards: We included standards for the sale and use of products for the home. Typically, these are adopted by the Consumer Product Safety Commission. In some cases, states adopt codes in advance or in the absence of federal
action. We tended to include only those related to toxic chemicals such as
lead. For more details.
-
Disclosure: We included laws that mandate
disclosure of hazards at property transfer - usually sale or lease.
the federal government requires disclosure of lead hazards at sale or lease
of housing.
-
Hazard Management: We
created columns for the common types of codes that manage hazards in the
home. We specifically listed lead, asbestos, radon, and carbon monoxide
because they are so common. We listed smoke alarm laws, mold laws, home
inspection laws, or fire prevention laws in the "other" column. Because
states often have a multiple laws and implementing regulations for lead, we
will add a link to the state's webpage for lead laws when we are aware of it
and listed the law authorizing the program and the law setting up the EPA
certification program for lead-based paint activities separately.
For more details.
|