Vermont Statutes Title 18 Sec. 1757
Terms Used In Vermont Statutes Title 18 Sec. 1757
- Child care facility: means a child care facility or family child care home as defined in 33 V. See
- 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. See
- 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. See
- Dwelling: means any residential unit, including attached structures such as porches and stoops, used as the home or residence of one or more persons. See
- 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. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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. See
- 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. See
- Lead-based paint: means paint or other surface coatings that contain lead in an amount:
- Owner: means any person who, alone or jointly or severally with others:
- Permit: means any permit or license issued pursuant to this title. See
- Rental target housing: means target housing offered for lease or rental under a rental agreement as defined in 9 V. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 1757. Children with elevated blood lead levels
(a) The Commissioner shall adopt rules pursuant to 3 Vt. Stat. Ann. 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.)