Vermont Statutes Title 18 Sec. 1759
Terms Used In Vermont Statutes Title 18 Sec. 1759
- Certified: means completion of an accredited training program by an individual. See
- Child care facility: means a child care facility or family child care home as defined in 33 V. 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
- Department: means the Department of Health. See
- 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. See
- Facility: means any institutional, commercial, public, private, or industrial structure, installation, or building or private residence and its grounds. See
- 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
- Lead-based paint: means paint or other surface coatings that contain lead in an amount:
- 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. See
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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. See
- Owner: means any person who, alone or jointly or severally with others:
- Person: means any individual, company, corporation, association, partnership, the U. See
- Rental target housing: means target housing offered for lease or rental under a rental agreement as defined in 9 V. See
- 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. See
- 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. See
- 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. See
§ 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 Vt. Stat. Ann. 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.)