§ 1751. Definitions
(a) Words and phrases used in this chapter shall have the same meaning as provided in
the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 unless there
is an inconsistency, in which case any definition provided in this section that narrows,
limits, or restricts shall control.
(b) As used in this chapter:
(1) “Abatement” means any set of measures designed to eliminate lead hazards permanently
in accordance with standards established by appropriate State and federal agencies.
The term includes:
(A) removal of lead-based paint and lead-contaminated dust, permanent containment or encapsulation
of lead-based paint, replacement of lead-painted surfaces or components, and removal
or covering of lead-contaminated soil; and
(B) all preparation, cleanup, disposal, and post-abatement clearance testing activities
associated with such measures.
(2) “Accredited training program” means a training program that has been approved by the
Commissioner of Health to provide training for individuals engaged in lead-based paint
activities or RRPM activities. Training program accreditation is issued to a specific
training provider who shall receive accreditation for each training discipline that
the accredited training program offers as a course.
(3) “Certified” means completion of an accredited training program by an individual.
(4) “Child” or “children” means an individual or individuals under 18 years of age, except
where specified as a child or children six years of age or younger.
(5) “Child care facility” means a child care facility or family child care home as defined
in 33 V.S.A. § 3511 that was constructed prior to 1978.
(6) “Child-occupied facility” means a building or portion of a building constructed prior
to 1978, visited regularly by the same child, six years of age or under, on at least
two different days within any week, provided that each day’s visit lasts at least
three hours and the combined weekly visits last at least six hours and the combined
annual visits last at least 60 hours. Child-occupied facilities include child care
facilities, preschools, and kindergarten classrooms.
(7) “Commercial facility” means any building constructed for the purposes of commercial
or industrial activity and not primarily intended for use by the general public, including
office complexes, industrial buildings, warehouses, factories, and storage facilities.
(8) “Component” or “building component” means specific design or structural elements or
fixtures of a facility or residential dwelling that are distinguished from each other
by form, function, and location. These include interior components such as ceilings;
crown moldings; walls; chair rails; doors; door trim; floors; fireplaces; radiators
and other heating units; shelves; shelf supports; stair treads; stair risers; stair
stringers; newel posts; railing caps; balustrades; windows and trim, including sashes,
window heads, jambs, sills, or stools and troughs; built-in cabinets; columns; beams;
bathroom vanities; countertops; air conditioners; and exterior components such as
painting; roofing; chimneys; flashing; gutters and downspouts; ceilings; soffits;
fascias; rake boards; cornerboards; bulkheads; doors and door trim; fences; floors;
joists; lattice work; railings and railing caps; siding; handrails; stair risers and
treads; stair stringers; columns; windowsills or stools and troughs; casings; sashes
and wells; and air conditioners.
(9) “Contractor” means any firm, partnership, association, corporation, sole proprietorship,
or other business concern as well as any governmental, religious, or social organization
or union that agrees to perform services.
(10) “Deteriorated paint” means any interior or exterior lead-based paint or other coating
that is peeling, chipping, chalking, or cracking or any paint or other coating located
on an interior or exterior surface or component that is otherwise damaged or separated
from the substrate.
(11) “Due date” means the date by which an owner of rental target housing or a child care
facility shall file with the Department the RRPM compliance statement required by
section 1759 of this title. The due date shall be one of the following:
(A) not later than 365 days after the most recent RRPM compliance statement was received
by the Department;
(B) within 60 days after the closing of the purchase of the property if no RRPM compliance
statement was filed with the Department within the past 12 months;
(C) any other date agreed to by the owner and the Department; or
(D) any other date set by the Department.
(12) “Dwelling” means any residential unit, including attached structures such as porches
and stoops, used as the home or residence of one or more persons.
(13) “Elevated blood lead level” means having a blood lead level of at least five micrograms
per deciliter of human blood, or a lower threshold as determined by the Commissioner.
(14) “Facility” means any institutional, commercial, public, private, or industrial structure,
installation, or building or private residence and its grounds.
(15) “Firm” means a company, partnership, corporation, sole proprietorship, or individual
doing business; an association or business entity; a State or local government agency;
or a nonprofit organization.
(16) “Independent dust clearance” means a visual examination and collection of dust samples
by a lead-based paint inspector or lead-based paint inspector-risk assessor who has
no financial interest in either the work being performed or the property to be inspected
and is independent of both the persons performing the work and the owner of the property.
The lead-based paint inspector or lead-based paint inspector-risk assessor shall use
methods specified by the Department and analysis by an accredited laboratory to determine
that lead exposures do not exceed limits set by the Department.
(17) “Inspection” means a surface-by-surface investigation to determine the presence of
lead-based paint and other lead hazards and the provision of a report explaining the
results of the investigation.
(18) “Interim controls” means a set of measures designed temporarily to reduce human exposure
or likely exposure to lead hazards, including specialized cleaning, repairs, maintenance,
painting, temporary containment, ongoing monitoring of lead hazards or potential hazards,
and the establishment of management and resident education programs.
(19) “Lead-based paint” means paint or other surface coatings that contain lead in an amount:
(A) equal to 1.0 mg/cm2 or 0.5 percent by weight or greater;
(B) lower than that described in subdivision (A) of this subdivision (19) as may be established
by the Secretary of the U.S. Department of Housing and Urban Development pursuant
to Section 302(c) of the Lead-Based Paint Poisoning Prevention Act; or
(C) lower than that described in subdivision (A) of this subdivision (19) as may be established
by the Administrator of the U.S. Environmental Protection Agency.
(20) “Lead-based paint abatement supervisor” means any individual who has satisfactorily
completed an accredited training program approved by the Commissioner and has a current
license issued by the Department to perform abatement work supervision.
(21) “Lead-based paint abatement worker” means any individual who has satisfactorily completed
an accredited training program approved by the Commissioner and has a current license
issued by the Department to perform abatement work.
(22) “Lead-based paint activities” means:
(A) with regard to target housing or a child care facility: risk assessment, inspection,
visual inspection for risk assessment, project design, abatement, visual inspection
for clearance, dust clearance after an abatement project, and lab analysis of paint
chip or dust wipe samples collected for the purpose of an inspection or risk assessment;
and
(B) with regard to a public facility constructed before 1978, a commercial building, bridge,
or other structure: inspection, risk assessment, project design, abatement, de-leading,
removal of lead from bridges and other superstructures, visual inspection for clearance,
dust clearance after an abatement project, and lab analysis of paint chip or dust
wipe samples collected for the purposes of an inspection or risk assessment. As used
in this subdivision (B), “de-leading” means activities conducted by a person who offers
to eliminate or plan for the elimination of lead-based paint or lead hazards.
(23) “Lead-based paint contractor” means an entity that employs one or more individuals
licensed by the Department under this chapter and has a current license issued by
the Department to conduct lead-based paint activities or RRPM activities.
(24) “Lead-based paint inspector” means an individual who has satisfactorily completed
an accredited training program approved by the Commissioner and has a current license
issued by the Department to conduct lead-based paint inspections.
(25) “Lead-based paint inspector-risk assessor” means an individual who has satisfactorily
completed an accredited training program approved by the Commissioner and has a current
license issued by the Department to conduct lead-based paint inspections and risk
assessments.
(26) “Lead-based paint project designer” means an individual who has satisfactorily completed
an accredited training program approved by the Commissioner and has a current license
issued by the Department to prepare lead abatement project designs, occupant protection
plans, and abatement reports.
(27) “Lead hazard” means a condition that causes exposure to lead from contaminated dust,
lead-contaminated soil, lead-containing coatings, or lead-contaminated paint that
is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces
that would result in adverse human health effects.
(28) “Lead-safe RRPM supervisor” means an individual who has completed an accredited RRPM
training program approved by the Commissioner and, if performing services for compensation,
has a current license issued by the Department. This individual is authorized to perform
or supervise RRPM activities in target housing or a child-occupied facility in which
interior or exterior lead-based paint will be disturbed.
(29) “License” means the document issued to an individual, entity, or firm indicating that
the standards for licensure for each discipline, category of entity, or firm established
in this chapter have been met.
(30) “Licensee” means a person who engages in lead-based paint activities or RRPM activities
and has obtained a license to perform such activities for compensation.
(31) “Maintenance” means work intended to maintain and preserve target housing, a child-occupied
facility, a pre-1978 facility, a commercial facility, bridge, or other superstructure.
It does not include minor RRPM activities.
(32) “Minor RRPM activities” means maintenance and repair activities that disturb less
than one square foot of painted surface for interior activities or 20 square feet
or less of painted surface for exterior activities if the work does not involve window
replacement or demolition of painted surface areas. With regard to removing painted
components or portions of painted components, the entire surface area removed is the
amount of painted surface disturbed. Work, other than emergency renovations, performed
in the same room within the same 30-day period shall be considered the same work for
the purposes of determining whether the work is a minor RRPM activity.
(33) “Occupant” means any person who resides in, or regularly uses, a dwelling, mobile
dwelling, or structure.
(34) “Owner” means any person who, alone or jointly or severally with others:
(A) Has legal title to any dwelling or child care facility with or without actual possession
of the property.
(B) Is the Chief Executive Officer of the municipal or State agency that owns, leases,
or controls the use of publicly owned target housing or a child care facility.
(C) Is a person who has taken full legal title of a dwelling or child care facility through
foreclosure, deed in lieu of foreclosure, or otherwise. “Owner” does not include a
person who holds indicia of ownership given by the person in lawful possession for
the primary purpose of assuring repayment of a financial obligation. Indicia of ownership
includes interests in real or personal property held as security or collateral for
repayment of a financial obligation such as a mortgage, lien, security interest, assignment,
pledge, surety bond, or guarantee and includes participation rights of a financial
institution used for legitimate commercial purposes in making or servicing the loan.
(35) “Owner’s representative” means a person who has charge, care, or control of a dwelling
or child care facility as property manager, agent, or guardian of the estate.
(36) “Public facility” means a house of worship; courthouse; jail; municipal room; State
or county institution; railroad station; school building; social hall; hotel, restaurant,
or building used or rented to boarders or roomers; place of amusement; factory; mill;
workshop or building in which persons are employed; building used as a nursery, convalescent
home, or home for the aged; tent or outdoor structure used for public assembly; and
barn, shed, office building, store, shop, shop other than a workshop, or space where
goods are offered for sale, wholesale, or retail. It does not include a family residence
registered as a child care facility.
(37) “Renovation” means the modification of any existing structure or portion of an existing
structure that results in the disturbance of a painted surface unless the activity
is performed as part of a lead-based paint abatement activity or is a minor RRPM activity.
Renovation includes the following when it results in the disturbance of a painted
surface: the removal, modification, re-coating, or repair of a painted surface or
painted component of a surface; the removal of building components; a weatherization
project; and interim controls that disturb painted surfaces. “Renovation” includes
the performance of activities for the purpose of converting a building or part of
a building into target housing or a child-occupied facility when it results in the
disturbance of a painted surface.
(38) “RRPM” means the Renovation, Repair, Painting, and Maintenance Program that pertains
to projects that disturb lead-based paint on target housing and child-occupied facilities.
(39) “RRPM activities” means lead-safe renovation, repair, painting, and maintenance practices
as required by section 1759 of this chapter and as adopted by rule by the Commissioner.
It does not include minor RRPM activities.
(40) “RRPM firm” means a company, partnership, corporation, sole proprietorship, or individual
doing business; association; or other business entity that regularly engages in RRPM
activities for compensation and that employs or contracts with persons to perform
RRPM activities as determined by the Department.
(41) “Rental target housing” means target housing offered for lease or rental under a rental
agreement as defined in 9 V.S.A. § 4451. “Rental target housing” does not include a rented single room located within a dwelling
in which the owner of the dwelling resides unless a child six years of age or younger
resides in or is expected to reside in that dwelling. “Rental target housing” shall
not include units in a hotel, motel, or other lodging, including condominiums that
are rented for transient occupancy for 30 days or less.
(42) “Repair” means the restoration of paint or other coatings that have been damaged,
including the repair of permanent containment around lead-based paint materials in
a facility. Repair of previously encapsulated lead-based paint may involve filling
damaged areas with non-lead paint substitutes and reencapsulating. It shall not include
minor RRPM activities.
(43) “Risk assessment” means an on-site investigation by a lead-based paint inspector-risk
assessor to determine and report the existence, nature, severity, and location of
lead hazards, including information gathering about the age and history of the property
and occupancy by children six years of age or younger, visual inspection, limited
wipe sampling, or other environmental sampling techniques, other appropriate risk
assessment activities, and a report on the results of the investigation.
(44) “Screen,” “screened,” or “screening” relating to blood lead levels means the initial
blood test to determine the presence of lead in a human.
(45) “Superstructure” means a large steel or other industrial structure, such as a bridge
or water tower, that may contain lead-based paint.
(46) “Target housing” means any dwelling constructed prior to 1978, except any 0-bedroom
dwelling or any dwelling located in multiple-unit buildings or projects reserved for
the exclusive use of elders or persons with disabilities, unless a child six years
of age or younger resides in or is expected to reside in that dwelling. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 2; 1997, No. 37, § 1; 2007, No. 172 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 26, eff. July 1, 2008; 2013, No. 96 (Adj. Sess.), § 93; 2013, No. 131 (Adj. Sess.), § 115; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2019, No. 4 (Adj. Sess.), § 1, eff. October 21, 2022.)
§ 1752. Accreditation of training programs; individuals, entities, or firms involved in lead-based
paint or RRPM activities
(a) The Department shall develop a program to administer and enforce lead-based paint
activities and RRPM activities with regard to training and licensing standards, rules,
or other requirements established by the Commissioner, which are at least as protective
of human health and the environment as the applicable federal programs, for persons
engaged in lead-based paint activities and RRPM activities performed on target housing,
child-occupied facilities, pre-1978 facilities, commercial facilities, and bridges
or other superstructures.
(b) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing standards
and specifications for the accreditation of training programs for lead-based paint
activities and RRPM activities, including the mandatory topics of instruction, the
knowledge and performance standards that must be demonstrated by graduates in order
to be certified or licensed, and required accreditation qualifications for training
programs and instructors. The standards shall be designed to protect children, their
families, and workers from improperly conducted lead-based paint activities and RRPM
activities and shall be at least as protective of human health and the environment
as the federal programs. Hands-on instruction and instruction for identification and
proper handling of historic fabric and materials shall be components of the required
training.
(c) The Commissioner shall license consulting contractors, analytical contractors, lead-based
paint abatement supervisors, lead-based paint abatement workers, project designers,
inspector-risk assessors, RRPM firms, and RRPM supervisors, who have successfully
completed an accredited training program and met other requirements as the Commissioner
may, by rule, impose.
(d) The Commissioner shall certify individuals engaged in RRPM activities for no compensation
and who have successfully completed an accredited training program and met all other
requirements as the Commissioner may impose by rule.
(e) After the adoption of rules pursuant to this section, a person shall not perform lead-based
paint activities or RRPM activities for compensation without first obtaining a license
from the Commissioner. The Commissioner may grant a license to a person who holds
a valid license from another state.
(f) Nothing in this chapter shall be construed to limit the authority of the Secretary
or the Commissioner of Health, of Labor, or of Environmental Conservation under the
provisions of any other law. (Added 1993, No. 94, § 3; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 76, § 11a; 2017, No. 149, § 2, eff. October 21, 2022.)
§ 1753. Accreditation, license, permit, notification, registration, and administrative fees
(a) The Commissioner shall assess fees for accrediting training programs, licenses, license
renewals, and permits issued in accordance with this chapter. Fees shall not be imposed
on any State or local government, agent of the State, or nonprofit training program
and may be waived for the purpose of training State employees.
(b) Each accredited training program and licensee shall be subject to the following annual
fees, except where otherwise noted:
| |
Lead-based paint training courses |
$480.00 per year |
| |
Lead-based paint contractor entity license |
$600.00 per year |
| |
Lead-based paint abatement supervisor worker license |
$60.00 per year |
| |
Lead-based paint abatement supervisor license |
$120.00 per year |
| |
Lead-based paint inspector license |
$180.00 per year |
| |
Lead-based paint inspector-risk assessor license |
$180.00 per year |
| |
Lead-based paint project designer license |
$180.00 per year |
| |
Lead-safe RRPM training course accreditation |
$560.00 initial,
$340.00 renewal every four years
|
| |
Lead-safe RRPM firm license |
$300.00 every five years |
| |
Lead-safe RRPM supervisor license |
$50.00 per year |
(c) Each licensee seeking to complete a lead-based paint abatement project or RRPM activities
project involving prohibited or unsafe work practices shall be subject to the following
permit fees:
(1) Project permit $50.00
(2) Project permit revision $25.00
(d) Fees imposed by this section and monies collected under section 1766 of this chapter
shall be deposited into the Lead-Based Paint Accreditation and Licensing Special Fund.
Monies in the Fund may be used by the Commissioner only to support Departmental accreditation,
certification, licensing, education, and training activities related to this chapter.
The Fund shall be subject to the provisions of 32 V.S.A. chapter 7, subchapter 5. (Added 1993, No. 94, § 3; amended 1997, No. 155 (Adj. Sess.), § 59, eff. April 29, 1998; 1999, No. 49, § 189; 2001, No. 65, § 6; 2007, No. 76, § 11b; 2007, No. 176 (Adj. Sess.), § 27; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1754. Public education
(a) The Commissioner shall prepare and distribute clear and simple materials describing
the dangers of lead poisoning, the need for parents to have their child screened,
how to have a child tested, and recommended nutrition and housekeeping practices.
The Commissioner shall work with persons and organizations involved in occupations
that may involve lead hazards or childhood lead poisoning to distribute the materials
to their tenants, clients, patients, students, or customers, such as realtors, subcontractors,
apartment owners, public housing authorities, pediatricians, family practitioners,
nurse clinics, child clinics, other health care providers, child care and preschool
operators, and kindergarten teachers. The Commissioner shall also identify those points
in time or specific occasions when members of the public are in contact with public
agencies and lead might be an issue, such as building permits, home renovations, the
WIC program, and programs established under 33 V.S.A. chapters 10, 11, and 12, and make the materials available on these occasions.
(b) The Commissioner shall prepare an appropriate media campaign to educate the public
on lead poisoning prevention. The campaign shall include education targeting owner-occupied
residences regarding the importance of following safe maintenance and work practices
when there is a potential for exposure to lead-based paint. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 3; 2013, No. 131 (Adj. Sess.), § 116; 2015, No. 97 (Adj. Sess.), § 47; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1755. Universal testing
(a) All health care providers who provide primary health care to children shall test children
one and two years of age for elevated blood lead levels in accordance with rules adopted
by the Commissioner.
(b) [Repealed.]
(c) All health care providers who provide primary medical care shall ensure that parents
and guardians of children six years of age or younger are advised of the availability
and advisability of screening and testing their children for lead in accordance with
the Commissioner’s guidelines. No health care provider shall be liable for not performing
a screening or confirmation test for blood lead level when a parent or guardian has
refused to consent or has failed to follow through in response to a referral for a
screening or confirmation test. Not later than 120 days after the Department has notified
health care providers that it has implemented lead screening reports within the immunization
registry, a health care provider shall report to the Department regarding lead screening
of children ages one and two pursuant to the guidelines in subsection (a) of this
section in a form and as required by the Department.
(d) Any laboratory that analyzes blood samples of Vermont residents for lead levels shall
report to the Department all information required by the Department. All health care
providers who analyze blood samples for lead levels or who use laboratories outside
Vermont to analyze blood samples for lead levels shall report all information required
by the Department to the Department immediately by telephone if the result of any
analysis is 45 micrograms or more of lead per deciliter of blood, or by electronic
means within 14 days after analysis if the result of the analysis is less than 45
micrograms of lead per deciliter of blood. All blood lead data reports to the Department
shall include the name, date of birth, date of blood test, and address of the individual
whose blood is analyzed and, if known, the owner of the residence of the individual.
(e) Not later than 120 days after the Department has notified laboratories that it has
implemented lead screening reports within the immunization registry, a laboratory
shall report to the Department regarding lead screening of children ages one and two
pursuant to the guidelines in subsection (a) of this section in a form and as required
by the Department. (Added 1993, No. 94, § 3; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2007, No. 176 (Adj. Sess.), § 28; 2013, No. 142 (Adj. Sess.), § 92; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2023, No. 6, § 126, eff. July 1, 2023.)
§ 1756. Annual report
(a) The Commissioner shall, at least annually, analyze and summarize all aggregate lead
screening and testing information provided by physicians, health care facilities,
and laboratories and provide this information to all other local and State agencies
involved with case management and lead hazard reduction.
(b) The Commissioner shall also at least annually provide to the General Assembly, the
health community, and the general public an analysis and summary of such data and
a progress report on the Commissioner’s efforts to prevent lead poisoning in young
children in a format that is easily understandable to nontechnical readers. The report
shall include:
(1) The number and percentage of children under six years of age who have been screened
and tested for lead poisoning and the number found to have lead poisoning at various
levels.
(2) Estimates of the public and private costs incurred since July 1, 1993 to prevent,
correct, or treat lead poisoning.
(3) An analysis of barriers to universal blood screening of children under six years of
age.
(4) The Commissioner’s recommendations for action. (Added 1993, No. 94, § 3; amended 2023, No. 6, § 127, eff. July 1, 2023.)
§ 1757. Children with elevated blood lead levels
(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding:
(1) the method and frequency with which children shall be tested for elevated blood lead
levels;
(2) the reporting requirements for the lead test result; and
(3) the action required for children found to have elevated blood lead levels.
(b) If the child has an elevated blood lead level, the Commissioner shall provide information
on lead hazards to the parents or guardians of the child.
(c) If a child six years of age or younger has a confirmed blood lead level at or above
the level determined by the Commissioner, and if resources permit, the Commissioner:
(1) Shall, with the consent of the parent or guardian, provide an inspection of the dwelling
occupied by the child or the child-occupied facility the child attends by a State
or private lead-based paint inspector-risk assessor and develop a plan in consultation
with the parents, owner, physician, and others involved with the child to minimize
the exposure of the child to lead. The plan developed under this subdivision shall
require that any lead hazards identified through the inspection be addressed. The
owner of rental target housing or a child care facility shall address those lead hazards
within the owner’s control and shall not be required to abate lead hazards if interim
controls are effective.
(2) May inspect and evaluate other dwelling units in the building in which the child is
living if it is reasonable to believe that a child six years of age or younger occupies,
receives care in, or otherwise regularly frequents the other dwellings in that building.
(d) Nothing in this section shall be construed to limit the Commissioner’s authority under
any other provision of Vermont law. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 29; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1758. Repealed. 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.
(Added 1995, No. 165 (Adj. Sess.), § 5; amended 2013, No. 131 (Adj. Sess.), § 117; 2015, No. 97 (Adj. Sess.), § 48; repealed 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1759. RRPM activities
(a)(1) RRPM activities include activities that disturb lead-based paint on target housing
and child-occupied facilities, unless the property has been certified as lead-free
pursuant to subsection (e) of this section. RRPM practices for target rental housing
and child care facilities shall minimally include regular inspection of painted surfaces
for deterioration, prompt and safe repairs to deteriorated paint, and specialized
cleaning after any work that disturbs painted surfaces and at tenant turnover.
(2) RRPM activities, including worksite preparation and cleanup of work areas, in target
housing and child-occupied facilities shall be performed only by a person who has
successfully completed an accredited RRPM training program or a person who works under
the direct, on-site supervision of a person who has successfully completed the training,
unless the property is exempt pursuant to subsection (b) or (e) of this section.
(3) A person engaging in RRPM activities shall comply with section 1760 of this chapter
and related rules adopted by the Commissioner.
(4) A person engaging in RRPM activities shall take all reasonable precautions to avoid
creating lead hazards during any RRPM project that is not a minor RRPM activity.
(5) RRPM activities performed for compensation shall be conducted only by a licensed RRPM
supervisor or under the direct, on-site supervision of a licensed RRPM supervisor.
(b) A homeowner residing in and intending to perform RRPM activities in his or her own
private residence:
(1) is exempt from this section;
(2) shall comply with section 1760 of this chapter; and
(3) shall dispose of all lead-based paint in accordance with the rules adopted by the
Department of Environmental Conservation.
(c) An owner of rental target housing or a child care facility or the owner’s representative
shall:
(1) file with the Department an RRPM compliance statement pursuant to rules adopted by
the Commissioner, unless the property is exempt pursuant to subsection (e) of this
section; and
(2) abide by any rules pertaining to the maintenance of lead-based paint and provision
of notice to tenants as may be prescribed by the Commissioner.
(d)(1) Prior to entering into a lease agreement, an owner or owner’s representative shall
provide approved tenants with written materials approved by the Department regarding
lead hazards and a copy of the owner’s most recent RRPM compliance statement. The
written materials approved by the Department pursuant to this subsection shall include
information indicating that lead is highly toxic to humans, particularly young children,
and may cause permanent neurological damage, even at low exposure levels.
(2) An owner of a facility, or owner’s representative, shall fully inform a tenant who
intends to operate a child care facility on the premises of the requirements of this
section.
(e)(1) A property is exempt from this section if a written inspection report from a licensed
lead-based paint inspector-risk assessor states that all accessible surfaces are free
of lead-based paint and the owner and person performing RRPM activities have been
provided with a copy of the report.
(2) An owner of rental target housing or a child care facility or owner’s representative
shall provide a copy of the written inspection report to the Department for review
and determination of exempt status.
(3) A new written inspection report shall be required to maintain exempt status if lead
hazards are created as a result of RRPM activities performed or if previously inaccessible
components are exposed after the date of the original written inspection report.
(4) If a property has been remodeled, it is not exempt from this section unless the full
requirements of this section have been met.
(f) The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25 as necessary for the implementation, administration, and enforcement of this section. (Added 1995, No. 165 (Adj. Sess.), § 6; amended 1997, No. 37, §§ 2-4; 2007, No. 176 (Adj. Sess.), § 30; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices
(a) All paint in target housing, child-occupied facilities, and pre-1978 public facilities,
commercial facilities, and bridges or other superstructures is presumed to be lead-based
unless the component affected by the RRPM activity is exempt pursuant to subsection
(c) of this section. Unsafe work practices are prohibited and include the following,
unless specifically authorized by the Department:
(1) Removing lead-based paint by:
(A) open flame burning or torching;
(B) use of heat guns operated above 1,100 degrees Fahrenheit;
(C) dry scraping or dry sanding;
(D) powered tools;
(E) hydro-blasting or high-pressure washing;
(F) abrasive blasting or sandblasting; and
(G) chemical stripping.
(2) Failing to employ one or more of the lead-safe work practice standards that the Commissioner
shall adopt by rule.
(b) A person shall not use unsafe work practices in target housing, child-occupied facilities,
pre-1978 public facilities, commercial facilities, and bridges or other superstructures.
(c) A component is exempt from this section if a written inspection report by a licensed
lead-based paint inspector or lead-based paint inspector-risk assessor states that
the component affected by an RRPM activity is free of lead-based paint and the owner
or firm, or both, conducting the activity has been provided with a copy of the report.
Removal of all paint from a component does not exempt the component from the requirements
of this section. (Added 1995, No. 165 (Adj. Sess.), § 7; amended 2007, No. 176 (Adj. Sess.), § 31; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2019, No. 4 (Adj. Sess.), § 1, eff. October 21, 2022.)
§ 1760a. Repealed. 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.
(Added 2007, No. 176 (Adj. Sess.), § 32, eff. Jan. 1, 2010.)
§ 1761. Duty of reasonable care; negligence; liability
(a) An owner of rental target housing or a child care facility or an owner’s representative
shall take reasonable care to prevent exposure to, and the creation of, lead hazards.
In an action brought under this section, evidence of actions taken or not taken to
satisfy the requirements of this chapter, including performing RRPM activities, may
be admissible evidence of reasonable care or negligence.
(b) Any person who suffers an injury proximately caused by an owner’s breach of this duty
of reasonable care shall have a cause of action to recover damages and for all other
appropriate relief.
(c) The owner of rental target housing or a child care facility or the owner’s representative
shall not be liable to a tenant of the housing or facility in an individual action
for habitability under common law or pursuant to 9 V.S.A. chapter 63 or chapter 137, 10 V.S.A. chapter 153, or 12 V.S.A. chapter 169 for injury or other relief claimed to be caused by exposure to lead if, during the
relevant time period, the owner is in compliance with section 1759 of this chapter
and any of the following, should they exist:
(1) the specific recommendations of a lead-based paint risk assessment report provided
by a lead-based paint inspector-risk assessor;
(2) any plan issued pursuant to section 1757 of this chapter; or
(3) any assurance of discontinuance, order of the Commissioner, or court order regarding
lead hazards.
(d) The immunity under subsection (c) of this section shall not be available if:
(1) there was fraud in the RRPM compliance statement under section 1759 of this chapter;
(2) the owner or owner’s representative did not follow the recommendations of a lead-based
paint risk assessment report provided by a licensed lead-based paint inspector-risk
assessor;
(3) the owner or owner’s representative created or allowed for the creation of lead hazards
during renovation, remodeling, maintenance, or repair; or
(4) the owner or the owner’s representative failed to respond in a timely fashion to notification
that lead hazards may have recurred on the premises.
(e) A defendant in an action brought under this section or at common law has a right to
seek contribution from any other person who may be responsible, in whole or in part,
for the child’s blood lead level.
(f) Nothing in this section shall be construed to limit the right of the Commissioner
or any agency or instrumentality of the State of Vermont to seek remedies available
under any other provision of Vermont statutory law. (Added 1995, No. 165 (Adj. Sess.), § 8; amended 2007, No. 176 (Adj. Sess.), § 33; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2023, No. 85 (Adj. Sess.), § 43, eff. July 1, 2024.)
§ 1762. Secured lenders and fiduciaries; liability
(a) A person who holds indicia of ownership in rental target housing or a child care facility
furnished by the owner or person in lawful possession, for the primary purpose of
assuring repayment of a financial obligation, and who takes full legal title through
foreclosure or deed in lieu of foreclosure or otherwise shall not be liable as an
owner of the property for injury or loss claimed to be caused by exposure to lead
of a child on the premises, provided that, on or before the 120th day after the date
of possession, the person:
(1) performs RRPM activities as required by section 1759 of this chapter; and
(2) fully discloses to all potential purchasers, operators, or tenants of the property
any information in the possession of such person or the person’s agents, regarding
the presence of lead hazards or a lead-poisoned child on the property and, upon request,
provides copies of all written reports on lead hazards to potential purchasers, operators,
or tenants.
(b) The immunity provided in subsection (a) of this section shall expire 365 days after
the secured lender or fiduciary takes full legal title.
(c) A person who holds legal title to rental target housing or a child care facility as
an executor, administrator, trustee, or the guardian of the estate of the owner and
demonstrates that in that fiduciary capacity the person does not have either the legal
authority or the financial resources to fund capital or major property rehabilitation
necessary to conduct RRPM activities shall not be personally liable as an owner for
injury or loss caused by exposure of a child on the premises to lead. However, nothing
in this section shall limit the liability of the trust estate for such claims and
those claims may be asserted against the trustee as a fiduciary of the trust estate. (Added 1995, No. 165 (Adj. Sess.), § 9; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1763. Public financial assistance; rental target housing and child care facilities
Every State agency or instrumentality that makes a commitment to provide public financial
assistance for the purchase or rehabilitation of rental target housing or child care
facilities shall give priority to projects in which the property is exempt pursuant
to subsection 1759(e) of this chapter or lead hazards have been or will be identified
and controlled and have passed or will pass an independent dust clearance test that
determines that the property contains no lead-contaminated dust prior to occupancy
or use. Priority rental target housing projects may include units occupied by severely
lead-poisoned children and units in a building that are likely to contain lead hazards.
As used in this section, “public financial assistance” means any grant, loan, or allocation
of tax credits funded by the State or the federal government or any of their agencies
or instrumentalities. (Added 1995, No. 165 (Adj. Sess.), § 10; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1764. Lead inspectors; financial responsibility
(a) The Commissioner shall require that a licensee or an applicant for a license under
subsection 1752(e) of this chapter provide evidence of ability to indemnify properly
a person who suffers damage from lead-based paint activities or RRPM activities such
as proof of effective liability insurance coverage or a surety bond in an amount to
be determined by the Commissioner, which shall not be less than $300,000.00. This
section shall not restrict or enlarge the liability of any person under any applicable
law.
(b) Owners of rental target housing who personally perform all work under this chapter
on properties in which they have an interest shall be exempt from subsection (a) of
this section. (Added 1995, No. 165 (Adj. Sess.), § 11; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2023, No. 47, § 46, eff. June 5, 2023.)
§ 1765. Liability insurance
(a) If the Commissioner of Financial Regulation determines that lead hazards have substantially
diminished the availability of liability insurance for owners of rental target housing
or child care facilities and that a voluntary market assistance plan will not adequately
restore availability, the Commissioner shall order liability insurers to provide or
continue to provide liability coverage or to participate in any other appropriate
remedial program as determined by the Commissioner, provided the prospective insured
is otherwise in compliance with the provisions of this chapter.
(b) A determination pursuant to subsection (a) of this section shall be made by the Commissioner
after a hearing held in accordance with 3 V.S.A. chapter 25. Upon a finding that emergency
action is required to protect the public health, safety, or welfare, the Commissioner
shall issue an appropriate summary order pending completion of administrative proceedings.
No order issued under this section may be stayed pending appeal. (Added 1995, No. 165 (Adj. Sess.), § 12; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1766. Enforcement; administrative penalties
(a) A person who violates this chapter may be subject to an administrative penalty not
to exceed $5,000.00 for each determination of a separate violation. If the Commissioner
determines that a violation is continuing, each day’s continuance may be deemed a
separate offense beginning from the date the violator is served with notice of the
violation.
(b) The Commissioner may use the enforcement powers as set forth in chapter 3 of this
title to enforce any violations of this chapter or of any related rules, permits,
or orders issued. (Added 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)
§ 1767. Transfer of ownership of target housing; RRPM compliance
(a) Prior to the time a purchase and sale agreement for target housing is executed, the
seller shall provide the buyer with materials approved by the Commissioner, including
a lead hazard brochure and materials on other lead hazards in housing. The seller
shall also provide a disclosure form that shall include any lead-based paint inspection
or risk assessment report or letter of exemption, assurance of discontinuance, administrative
order, or court order the terms of which are not completed and, if the property is
rental target housing, verification that the RRPM was utilized pursuant to this chapter
and that a current RRPM compliance statement has been filed with the Department.
(b) At the time of purchase of target housing, sellers and other transferors shall provide
the buyer or transferee with any materials delineated in subsection (a) of this section
not previously disclosed and a lead-safe renovation practices packet approved by the
Commissioner and shall disclose any lead-based paint inspection or risk assessment
report or letter of exemption, assurance of discontinuance, administrative order,
or court order not disclosed pursuant to subsection (a) of this section the terms
of which are not completed.
(c) No sale of rental target housing, building, or unit may occur if the building or unit
is currently the subject of an assurance of discontinuance, administrative order,
or court order unless the assurance or order is amended in writing to transfer to
the buyer or other transferee all remaining obligations under the assurance or order.
(d) Prior to the time of purchase of rental target housing, the real estate agents, sellers,
and other transferors of title shall provide the buyer or transferee with information
approved by the Commissioner explaining RRPM obligations.
(e) A buyer or other transferee of title of rental target housing shall at the time of
sale or transfer of ownership, or both, disclose this transfer to the Department.
(f) A buyer or other transferee of title to rental target housing who has purchased or
received a building or unit that is not in full compliance with section 1759 of this
chapter shall bring the rental target housing into compliance with section 1759 of
this chapter within 60 days after the closing. Within the 60-day period, the buyer
or transferee may submit a written request for an extension of time for compliance,
which the Commissioner may grant in writing for a stated period of time for good cause
only. Failure to comply with this subsection shall result in an administrative penalty
in accordance with section 1766 of this chapter.
(g) Noncompliance with this section shall not affect marketability of title. (Added 2007, No. 176 (Adj. Sess.), § 34; amended 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022.)