Monday, January 2, 2017

108 City of Oakland - Lead Contamination worse than Flint, Michigan

January 2017
Dangerous lead levels found in children living in Oakland

 OAKLAND (KRON) — Dangerous levels of lead have been found in children living in Oakland.

But what is alarming is that the percentage of lead found in the Fruitvale District is higher than the lead levels in children living in Flint, Michigan.

Flint has had a well-documented problem with lead in its water.

However, as KRON4 has learned, the Fruitvale District has a different kind of lead problem.

A recent Reuters news report stated that lead levels in Oakland’s Fruitvale District are worse than the levels that were discovered in Flint.

The problem in Flint was in the water.

“People see the word Flint, Michigan, and then they see Oakland lead poisoning, and then they think water,” Alameda County Healthy Homes Department Director of Operations Larry Brooks said. “It’s not the water here. It’s the lead paint.”

“In the 25 years that we have been responding to elevated lead cases, we found that primarily it’s due to deteriorated lead-based paint,” Brooks said. “City of Oakland (found) more than 90 percent of the homes built in Oakland were built prior to 1980. And lead was not removed from residential paint until 1978. Also, soil has been one of the primary sources…”

So, what is the City of Oakland doing about buildings covered with lead-based paint.

“When their code enforcement officers find lead hazards, they report them to us,” Brooks said.

http://wiat.com/2017/01/01/dangerous-lead-levels-found-in-children-living-in-oakland/
Lead Contamination in Oakland

Lead contamination in Oakland represents a serious and persistent public health threat. Significant portions of the City of Oakland, California have soil lead levels far in excess of 400 ppm, the level that the US EPA suggests remedial action be taken at, and far higher than 80 ppm, the level that California’s Office of Environmental Health Hazard Assessment suggests action should be taken at.

[1] Lead contamination in modern Oakland comes from three primary sources: remnants from previous industry, deposits from pre-ban leaded gasoline, and paint chips from pre-ban leaded paints.

[2][3] Not all areas of Oakland are affected equally: West Oakland's contamination is especially severe, particularly near the former Oakland Army Base, and many of Oakland's poorer neighborhoods also suffer disproportionately (since residents often lack the socioeconomic resources to remediate their lawns, or even to repaint their houses).

[4] High blood levels of lead have been linked to a wide variety of health problems, including severe gastrointestinal, neuromuscular, and neurological symptoms.

[5][6] These problems are especially significant in children, and childhood lead poisoning can lead to behavioral problems, developmental disorders, and permanent decreases in IQ.[5]

https://en.wikipedia.org/wiki/Lead_contamination_in_Oakland
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107 Oakland Bldg Dept (OBD) - Failure to report contractors to the CSLB after failing to pull permits.

Building permits are required by law as a public safety measure.
Permits ensure that construction is performed in compliance with state and local codes, including safety standards.

On June 11, 2009, the Contractors State License Board (CSLB) voted unanimously to place a high priority on enforcing building permit requirements, and an industry bulletin was subsequently issued on November 30, 2009, to alert licensees that CSLB would be accelerating building permit enforcement efforts, beginning January 2010.

Failure to obtain a building permit is a violation of Contractors License Law. Further, construction performed without a permit can expose a homeowner to additional liability and costs.

 When a contractor performs improvement work without a local building permit, it is a violation of Business and Professions (B&P) Code sections 7110 and 7090.
Contractors who violate the law are subject to disciplinary action by CSLB, including civil penalty assessments of up to $5,000 per violation, an order of correction that requires payment of permit fees and any assessed penalties imposed by the local building department, and suspension or revocation of the license.

If you suspect a violation has occurred, please fill out a Building Permit Violation Referral form. CSLB will contact the contractor regarding the permit allegation and take the appropriate disciplinary action.

http://www.cslb.ca.gov/Consumers/Filing_A_Complaint/Building_Permit_Complaint.aspx

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106 Oakland Bldg Dept (OBD) - Red Tags apartments without providing relocation assistance information

How is a tenant to know that relocation assistance may be required, if they are not informed of this? 
http://www2.oaklandnet.com/oakca1/groups/ceda/documents/agenda/oak045391.pdf
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105 Oakland Bldg Dept (OBD) - State codes that regulate buildings

WHICH STATE CODES REGULATE BUILDINGS?

Several of California’s 29 codes regulate the design, construction, use and maintenance of buildings, including the Government Code and Public Resources Code. 
The Health and Safety Code aggregates its building provisions from Divisions 12 and 13 into the Code of Regulations, which includes the following:

  • Title 8 regulates elevators, escalators, dumbwaiters, stairway chairlifts and other forms of conveyances and is enforced by the Department of Industrial Relations.
  • Title 19 regulates fire and panic safety, fire alarms, extinguishers, tents, awnings and more and is enforced by the Office of the State Fire Marshal.
  • Title 21 regulates handicapped access to public buildings, excess flow gas shut off valves, construction of public schools and hospitals, and more and is enforced by the Division of the State Architect.
  • Title 25 codifies the State Housing Law, Employee Housing Act, Mobile Home Parts Act, Manufactured Housing Act, and more and is enforced by the Department of Housing and Community Development.
  • Title 24 has twelve Parts that apply to all building occupancies, and related features and equipment, contains requirements for structural, mechanical, electrical, and plumbing systems, energy conservation, green design, construction and maintenance, fire and life safety, and handicapped accessibility.  The Parts are based on triennial editions of national model codes.   The Building Standards Commission’s legislative process amends these codes and publishes the following California editions every three years:



In addition to the Building Standards Commission, state agencies also amend the Building Standards Code, which are enforced both by them and Building Departments 



HOW ARE BUILDING STANDARDS ENFORCED ?

The process which jurisdictions use for enforcing the Building Standards Code is Plan Check and Inspections.

Plan Check reviews construction documents, including the design drawings, before a permit is issued to assure that the building and its environment systems and equipment (plumbing, electrical, mechanical) will comply with regulations for structural safety, energy conservation, green technology, and handicapped accessibility.

Jobsite inspections are periodically performed by jurisdictions to monitor phases of construction.

The Health and Safety Code allows jurisdictions to adopt local technical amendments that are no less restrictive than regulations in the Building Standards Code.  These amendments are based on local climatic, geological and topographical conditions and are filed with the Building Standards Commission in Sacramento.

The Health and Safety Code also has administrative requirements for Building Departments, including the following:

  • must employ certified personnel;
  • must have continuing education;
  • must have a neutral appeals process;must not have excessive plan review backlogs.
The California Civil Code requires that Building Departments have an inspector who is a Certified Access Specialist.

Links
BUILDING in CALIFORNIA
  • Library
Building Standards Commission
State Contractors License Board
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103 Oakland Bldg Dept (OBD)- Failures to verify contractor licenses when issuing permits.

Contractor License Verification

Are local jurisdictions required by state law to verify a contractor’s license prior to the issuance of a permit? 

 Yes. Any city or county that requires the issuance of a permit shall also require a written and signed statement from a licensed contractor stating that he or she is licensed, the number of the license, and that it is in full force and effect.

Contractors are required by law to provide this information.
(B&P 7031.5; Health and Safety Code 19825)

 No information about these requirements (or other laws) on the City of Oakland Bldg Dept website

http://www2.oaklandnet.com/government/o/PBN/OurServices/permits/index.htm

WHO CAN GET A BUILDING PERMIT?

Only licensed contractors and property owners (Owner/Builder) may be issued building permits.

Many jurisdictions assess an additional business tax for contractors.
  • Contractors must have the appropriate classification for the work, such as C36 for plumbing
  • Contractors must have knowledge of their craft, be tested, fingerprinted, bonded, and have an FBI background check to be licensed by the Contractors State License Board . 
  • Owner/Builders assume full responsibility for the work and their workers’ safety and are assumed to have the same knowledge of codes and construction methods as licensed contractors.  
  • The work may only be done on an Owner/Builder’s principal place of residence that they have occupied for 12 months or more prior to completion of the work.  
  • Owner/Builders cannot sell more than two properties for which they were issued a building permit during any three-year period.  
  • Owner/Builders must do the work by themselves or with immediate family, employees, or licensed subcontractors.  
  • Employees are subject to income tax withholding, Social Security taxes, workers’ compensation insurance, disability insurance, and unemployment compensation
    (Know the Risks of Owner/Builder – From the Contractor’s State Licensing Board).

    http://buildingincalifornia.com/building-department/



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102 Oakland Bldg Dept (OBD) - Failure to Enforce SB-1254 (Workers Compensation Requirements)

September 2010
SB-1254 Contractors: workers’ compensation insurance coverage

In California, anyone who contracts to perform work on a project that is valued at $500 or more for labor and materials must hold a current, valid license from the Contractor's State License Board

 http://www.cslb.ca.gov/Consumers/Building_Officials/
http://www.cslb.ca.gov/Resources/GuidesAndPublications/BuildingOfficialsGuide.pdf
http://www.cslb.ca.gov/About_Us/Library/Laws/
http://www.cslb.ca.gov/About_Us/Library/Guides_And_Publications/#REF

Senate Bill No. 1254
CHAPTER 643

An act to add Section 7127 to the Business and Professions Code, and to amend Section 830.3 of the Penal Code, relating to contractors.

SB 1254, Leno. Contractors: workers’ compensation insurance coverage.
Existing law requires private employers to secure the payment of compensation by obtaining and maintaining workers’ compensation insurance or to self-insure as an individual employer or as one employer in a group of employers.

The Contractors’ State License Law requires every licensed contractor to have on file at all times with the Contractors’ State License Board a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance, or a statement certifying that he or she has no employees and is not required to obtain or maintain workers’ compensation insurance coverage.

This bill would authorize the registrar of contractors to issue a stop order, effective immediately upon service, to any licensed or unlicensed contractor who as an employer has failed to secure workers’ compensation insurance coverage for his or her employees.

The bill would make a failure to comply with the stop order a crime, thereby imposing a state-mandated local program.

The bill would set forth specified procedures for the payment of employees during a work stoppage subject to a stop order, as specified, and for an employer to request a hearing to protest a stop order.

Upon that request, the bill would require the registrar of contractors to hold a hearing to affirm or dismiss the stop order and issue and serve on all parties to the hearing a written notice of findings and those findings. The bill would authorize a writ of mandate to be taken from the findings to the appropriate superior court, as specified.

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200920100SB1254


Owner-Builder Exemption (B&P 7044)
  1. Who is considered to be an owner-builder?An owner-builder is any individual or group of individuals who own the property or building on which they plan to construct, alter, repair, improve, or remodel a building or structure.
    Also, a tenant may be considered an owner-builder (case-by-case).
  2. Is an owner-builder required to have a CSLB license?An owner-builder does not need to have a CSLB license, but there are limitations.

    A license is not required ifThe owner-builder does the work himself or herself or through his or her own employees, with wages as their sole compensation and the structure(s) is/are not intended for sale;

    or
    The owner-builder contracts with properly licensed subcontractors. This exemption applies to the construction of a single-family residential structure and limits the number of structures intended or offered for sale to four or fewer in a calendar year.

    The number of structures is unlimited if the owner-builder contracts with a General Building (B) contractor.
  3. Is a homeowner required to get a CSLB license if he/she wants to improve his/her home
    A homeowner improving his or her principal place of residence does not need to     have a CSLB license if all of the following exist:The work is performed prior to sale;

    The homeowner resides in the residence for the 12 months prior to completion of the work;

    and
  4. The homeowner has not taken advantage of this exemption on more than two structures during any three-year period.
  5. Does the owner-builder exemption apply to an individual whobuilds homes for resale (speculation homes), and are there any limitations?

  6. Yes, the owner-builder exemption would apply to an individual who builds homes 
    7. for resale under any of the following conditions:

    Licensed tradesmen are hired to perform all work on the project (provided no more than four structures per calendar year are intended for resale);

    A licensed general contractor is hired to perform and/or subcontract the completion of all work on the project (In this case, there is no restriction on the number of structures completed per calendar year.)

    orThe owner-builder performs the work, all or in part, and resides in the completed structure for one year prior to resale. (This applies to not more than two structures in a three-year period.)

  7.  Are there any trades that property owners are prohibited from performing themselves?
    Yes, property owners are prohibited from performing well-drilling work covered under the Well Drilling (C-57) contractor classification.
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104 Oakland Building Dept (OBD) Lead Laws - Federal, State, City and other Healthy Housing Information

Quick Guide to Lead Regulations That May Affect You
Over the last decade a number of federal and state laws and regulations have been enacted. If you are a property owner, contractor, painter or maintenance worker, there are some particular regulations, described below, that are important to become familiar with in order to avoid fines and penalties. The rules were enacted to prevent lead exposures to occupants, neighbors and workers. Some general rules of thumb to help you comply with lead regulations are:
·       Assume that paint on a home built before 1978 is lead-based.
·       Maintain your property and keep the paint intact.
·       If you are painting or remodeling, use lead-safe work practices including proper containment.
·       Disclose lead hazards and provide the pamphlet "Protect Your Family From Lead in Your Home" to potential tenants and buyers.
·       Review the table below and learn more about the regulations that apply to your situation.

If you are a:
This regulation may apply to you:
Contractor
Painter
Maintenance worker
Owner Occupant Homeowner:

Conducting home improvements:

Rental Property Owner: 

Conducting repairs: 




Section 8 participant:


Above regulations plus HUD Lead Safe Housing Rule
Tenant
See above for rental property owner requirements
Concerned about schools
Medical Provider
Consumer

State codes and laws now make existing lead hazards, or creating a lead hazard, a violation subject to fines and/or imprisonment. This means that pre-1978 homes should be maintained so that they are lead-safe, with the paint intact. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you must take steps to contain the paint chips and dust. There are also some prohibited renovation activities. 
For more complete information on California lead laws and regulations:http://www.cdph.ca.gov/programs/CLPPB/Pages/AboutCLPPB.aspx#CAstatutes

Assembly Bill 2861 (passed in 2006) increased the penalty for failing to cease an activity that creates a lead hazard after receiving an order of violation by establishing a fine of as much as $5,000 or six months in jail or both for the second order of violation.
For more information see the complete text of AB 2861. (PDF - 46kB)

Cal-OSHA
The Lead-in-Construction Standard is in place to protect the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation and repair. Contractors disturbing more than 100 square feet or more than 100 linear feet of lead-containing materials must take steps to prevent worker exposures to lead and are required to notify the Department of Industrial Relations at least 24 hours prior to beginning work. For more information about Cal-OSHA Lead Regulations go to: http://www.cdph.ca.gov/programs/olppp/Pages/Links.aspx

Title 17 requires that work on any structure built before January 1, 1978 must use lead-safe work practices including containment and clean the work area after the project is completed. The revised state law went into effect on April 30, 2008 and applies to everyone including contractors, painters, homeowners, renters, and maintenance staff. The regulations also cover accreditation of training providers and certification of individuals to perform lead abatement and sets work practice standards for lead hazard evaluations and the abatement of lead hazards.
Title 17 implements the mandates of the California Health and Safety Code regarding lead-based paint and lead hazards. Title 17 references its authority in applicable sections of the Health and Safety Code, Civil Code, Government Code, and Revenue and Taxation Code. For the complete text of the Title 17 regulation go to: Complete text of the Title 17 regulation *
California EPA requires that presumed (pre-1978) lead-based paint chips and dust be disposed of as hazardous waste. Everyone who handles lead-based paint debris should follow several common sense measures:
·       Collect paint chips, dust, dirt, and rubble in 6-mil plastic trash bags for disposal.
·       Store larger lead-based painted building parts in containers until ready for disposal.
·       If possible, use a covered, locked, mobile dumpster to store lead-based paint debris until the job is done. Alternatively, plastic-wrapped lead-based painted debris can be kept in a locked room or yard until the job is done and the waste is ready to be disposed.
·       Contact the Alameda County Household Hazardous Waste Program for sites where lead-based paint debris can be disposed.

FEDERAL LEAD LAWS AND REGULATIONS

For more complete information see:
·       Region 9 Status of Environmental Protection Agency (EPA) Regulations Mandated by Title 10
·       The publications of the U.S. EPA Lead in Paint, Dust and Soil Rules and Regulations
·       http://www.hud.gov/offices/lead/enforcement/disclosure.cfm
·       Consumer Product Safety Commission
EPA has issued a rule that requires anyone who is conducting work for compensation that disturbs painted surfaces in a pre-1978 building to first obtain training in lead-safe work practices, to contain paint chips and dust, clean-up all work areas and become lead-safe certified by the EPA. This rule went into effect on April 22, 2010. The rule was most recently revised on July 15, 2011. For additional information, visit: http://www.epa.gov/getleadsafe. Click here to watch a video about how to become certified.
The Lead Disclosure Rule requires owners of rental properties built before 1978, and those selling pre-1978 property, to provide a lead warning statement, results of any lead testing of the property and the pamphlet "Protect Your Family From Lead in Your Home" to the tenants and/or prospective buyer. For more information:http://www.hud.gov/offices/lead/enforcement/disclosure.cfm
Hazard Education Before Renovation - TSCA 406(a) and (b)
The final rule requires that renovators and remodelers notify the owner and occupants and distribute the pamphlet "Renovate Right" before beginning renovations. For more information: Pre-Renovation Lead Education Rule 406(b) regulation*
If you participate in a local housing authority Section 8 housing choice voucher program, (or other Federally-Assisted property) especially if your tenant has a child under six years old, the Title X Section 1012/1013 Lead Safe Housing Rule may apply to you. Under this rule you are required to fix peeling paint using lead-safe work practices in a pre-1978 building. For more information: http://www.hud.gov/offices/lead/enforcement/lshr.cfm

Alameda County Agencies that may be able to help with lead regulation and compliance issueshttp://www.achhd.org/documents/resourcelist.pdf

Tenant Resouce

Laws and Regulations about Lead

California Laws

Federal Laws

Resource List
  
National Center for Healthy Housing

U.S Department of Labor, Occupational Safety, and Health Administration

· Lead Exposure in Construction; 29 CFR, Part 1926.62
· Lead Hazard Communication; 29 CFR 1926.59
California Department of Public Health

Learn about lead poisoning
  
Federal Healthy Housing Bills

Healthy Housing "Vision" Bill: On October 2, 2008, Senator Jack Reed (D-RI) introduced Senate bill S. 3654 to improve the quality of housing in the United States. The bill emphasizes cost-effective approaches and market-based incentives to make homes healthier and safer without detracting from their affordability. Entitled theResearch, Hazard Intervention, and National Outreach for Healthier Housing Act, the multi-faceted legislation aims to improve research, enhance the capacity of federal programs, and expand national outreach efforts.
On October 21, 2009, Representative Robert Brady (D-PA) introduced H.R. 3891, The Safe and Healthy Housing Act of 2009.

Key bill provisions include:
·       Funding for existing federal housing programs, such as CDBG, HOME, and LIHEAP to add healthy homes components to their programs.
·       Leveraging the private market interest in healthy homes by creating a voluntary “Healthy Homes Seal of Approval” modeled after the successful Energy Star program.
·       Authorizing $7,000,000 for each of the next five years for the National Institute of Environmental Health Science and the Centers for Disease Control and Prevention (CDC) to evaluate the health risks and human health effects of indoor exposure to chemical pollutants including carbon monoxide, chemical asthma triggers, and common household and garden pesticides.
·       Authorizing $6,000,000 for the Department of Housing and Urban Development (HUD) to study methods for the assessment and control of housing-related health hazards.
·       Providing $10,000,000 for HUD and CDC to study the indoor environmental quality of existing housing and to create a system for monitoring housing related hazards.

Resources

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