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Group Opposes Proposed Home Lead Ordinance

POSTED: 6:38 pm PDT March 10, 2008
UPDATED: 2:30 pm PDT March 19, 2008

Lead is dangerous, especially for children under the age of 6 who are exposed to it, since exposure could lead can affect IQ and speech.

Research has shown that every year, 1,700 children in San Diego show signs of lead poisoning.

A proposed law might change things but the 10News investigations team found out that not everyone thinks protecting children is that important.

18-month-old Jack loves to explore his parents' South Park-area home.

"The number one thing is to make sure he has a safe environment," said Jack's father, Matthew Rivaldi.

Matthew and Jean Rivaldi's 1912 Craftman home has great style. But it also has lead paint on its baseboards and window frames.

So, while they are trying to make Jack's world safer, to be sure they test his blood regularly.

"You don't want him chewing on things. It's the little flakes of paint that you don't want him putting in his mouth. You don't want him touching dust," said Matthew.

Karina Penaloza, 13, got lead poisoning at a Sherman Heights apartment years ago.

10News documented her exposure when she was 5 and had been exposed to lead paint dust and flakes.

Her mother, Andrea Penaloza, remembers her daughter was very sick.

She complained to her landlord about the lead, but Penaloza said the landlord refused to fix the problem.

Instead, Penaloza was told to move out.

The family did, and now Karina is doing much better in a lead-free home.

"I'm using a lead check swab, which is available at home improvement stores. It detects if there is lead-based paint present," said Leticia Ayala with the Environmental Health Coalition.

A red color on the tester indicated that a 98-year-old Barrio Logan home had very high levels of lead. Experts said it is a real danger for everyone in the neighborhood.

The I-Team tested the paint on the house and it came up positive for signs of lead. However, the I-Team learned that the flakes from that paint can blow off, contaminating the yard or the surrounding area.

"We need to have a policy on the books that will protect children from getting lead poisoned," said Ayala.

The city council will be deciding, after years of foot-dragging, whether a new law is needed.

The ordinance would require landlords to inspect rentals for lead paint. If found the rental must be repainted with non-lead paint.

I-Team sources said a landlord section of the ordinance should sail through the council. It is the second element that's going to have problems. Like a lead balloon, it has sat in limbo since first discussed in 2002.

Here's the stumbling block: The other part of the ordinance said sellers of pre-1978 homes need to make the homes lead-safe before sale. The seller can do the repairs or work something out with the buyer.

"It's not just an eyesore; it's a poison that's causing all of these health problems," said Ayala.

Lead is a major problem in areas all over the city, especially in ZIP codes 92113, 92114 and 92101, where older homes dot the landscape.

Children who get tested in these ZIP code areas have elevated lead levels in their blood, according to reports.

Despite the statistics and the known lead dangers, there is opposition to the proposed ordinance.

In a letter to Mayor Jerry Sanders and members of the city council, the San Diego Association of Realtors calls on the council to not approve the measure, saying it would create a bureaucracy and "the ordinance unfairly burdens homebuyers and sellers" … "that will likely push homeownership further out of reach or many San Diegans."

They said, "A healthy alternative … is to educated homeowners…"

San Diego City Council President Scott Peters said, "We'll be grappling with some hard issues on Tuesday."

Cost is a consideration, according to officials. By some estimates, fees for sellers could be as low as $800 or as high as $30,000.

The city council will hear this issue during Tuesday's meeting.

If the ordinance passes, it will be the first of its kind in the country.

Find out more about the Environmental Health Coalition at www.environmentalhealth.org


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