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State Laws Related to Healthy Homes

 

 

 

Healthy Homes Code Resources

 

Healthy Homes Codes - Report - 6-26-08

 

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 2009AlaskaWashingtonOregonIdahoMontanaWyomingCaliforniaNevadaUtahColoradoNew MexicoNorth DakotaSouth DakotaNebraskaKansasOklahomaTexasMinnesotaIowaMissouriArkansasLouisianaWisconsinIllinoisMichiganIndianaKentuckyTennesseeMississippiOhioWest VirginiaAlabamaFloridaGeorgiaSouth CarolinaVirginiaHawaiiDistrict of ColumbiaMarylandDelawareNew JerseyConnecticutRhode IslandMassachusettsNew HampshireVermontMaineNew YorkPennsylvaniaNew HampshireVermontMassachusettsRhode IslandConnecticutNew JerseyDelawareMarylandSelection map - or use the menu

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.

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