Terms Used In Vermont Statutes > Title 18 > Chapter 21 - Communicable Diseases

• Abatement: means any set of measures designed to eliminate lead hazards permanently in accordance with standards established by appropriate State and federal agencies. See
• 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. See
• Antimicrobial pesticide: means a product regulated by the federal Insecticide, Fungicide and Rodenticide Act that is intended to:

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Authoritative source: means a physician licensed in the State, superintendent of a State institution or private hospital, medical officers of the armed forces of the State or United States, State and territorial health officers, and personnel of the Department of Health designated by the Commissioner of Health. See
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Bloodborne pathogen: means a pathogenic microorganism that is present in human blood and can cause disease in humans. See
• Certified: means completion of an accredited training program by an individual. See
• Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation, or metabolism. See
• Chemical of high concern to children: means a chemical listed under section 1773 or designated by the Department as a chemical of high concern by rule under section 1776 of this title. See
• Child care facility: means a child care facility or family child care home as defined in 33 V. See
• Child care facility: means a child care facility or family day care home licensed or registered under 33 Vt. 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
• children: means an individual or individuals under 12 years of age. See
• Cleaning product: means an institutional compound intended for routine cleaning, including general purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, floor care products, and hand soaps. See
• 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. See
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Consumer product: means any product that is regularly used or purchased to be used for personal, family, or household purposes. See
• Contaminant: means a trace amount of a chemical or chemicals that is incidental to manufacturing and serves no intended function in the children's product or component of the children's product, including an unintended by-product of chemical reactions during the manufacture of the children's product, a trace impurity in feed-stock, an incompletely reacted chemical mixture, and a degradation product. See
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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. See
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cosmetics: means articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering appearance, and articles intended for use as a component of such an article. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• de-leading: means activities conducted by a person who offers to eliminate or plan for the elimination of lead-based paint or lead hazards. See
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Distributor: means any person or entity that distributes cleaning products commercially, but excludes retail stores. See
• 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. 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
• Employer: means the organization on whose behalf a worker is employed or volunteering when rendering health services to a source patient pursuant to this subchapter. See
• Environmentally preferable cleaning product: means a cleaning product that has a lesser or reduced effect on human health and the environment when compared to competing products serving the same purpose. See
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Facility: means any institutional, commercial, public, private, or industrial structure, installation, or building or private residence and its grounds. See
• federal act: means Title VI of the Public Health Service Act (42 U. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiduciary: A trustee, executor, or administrator.
• 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. See
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Green cleaning: means a practice that includes:

• 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.
• Health care worker: means any individual or employee of a health care provider who provides medical or other health services in the course of the worker's employment. See
• Health officer: means Commissioner of Health, the Commissioner's designee, or a local or district health officer. See
• Health services: means activities and functions that are directly related to care, treatment, or diagnosis of a patient, including emergency medical treatment. See
• Hospital: means a place devoted primarily to the maintenance and operation of diagnostic and therapeutic facilities for inpatient medical or surgical care of individuals suffering from illness, disease, injury, or deformity, or for obstetrics. See
• Hospital: includes public health centers and general, tuberculosis, mental, chronic disease, and other type of hospitals and related facilities, such as laboratories, out-patient departments, nurses' homes and training facilities, and central service facilities, operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. See
• 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. See
• Independent third party: means a nationally recognized organization that has developed a program for the purpose of certifying environmentally preferable cleaning products. 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
• Intentionally added: means the addition of a chemical in a product that serves an intended function in the product component. 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• 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. See
• Lead-based paint: means paint or other surface coatings that contain lead in an amount:

• 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. See
• Lead-based paint activities: means :

• 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. See
• 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
• 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. See
• 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. 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}
• 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. See
• 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. See
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Manner sufficient to transmit: means consistent with current guidelines of the Centers for Disease Control and Prevention, as determined by a physician licensed to practice medicine in Vermont. See
• Manufacturer: means :

• Manufacturer: means any person or entity engaged in the process of manufacturing cleaning products for commercial distribution. See
• Medical facilities: means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in the federal act, and such other medical facilities for which federal aid may be authorized under the federal act. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means all vehicles propelled or drawn by power other than muscular power, including snowmobiles, motorcycles, all-terrain vehicles, farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road-making appliances, or tracked vehicles or electric personal assistive mobility devices. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupant: means any person who resides in, or regularly uses, a dwelling, mobile dwelling, or structure. See
• Owner: means any person who, alone or jointly or severally with others:

• Palliative care: means interdisciplinary care given to improve the quality of life of patients and their families facing the problems associated with a serious medical condition. See
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means any permit or license issued pursuant to this title. See
• Persistent bioaccumulative toxic: means a chemical or chemical group that, based on credible scientific information, meets each of the following criteria:

• Person: means any individual, company, corporation, association, partnership, the U. See
• Personal property: All property that is not real property.
• Probate: Proving a will
• 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. See
• Public health hazard: means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. See
• Public safety personnel: means an individual employed or volunteering for a fire department, police department, or ambulance service. See
• Publicly owned buildings and offices: means enclosed indoor places or portions of such places owned, leased, or rented by State, county, or municipal governments, or by agencies supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, State, county, or municipal taxes. See
• Quorum: The number of legislators that must be present to do business.
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• 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. See
• Rental target housing: means target housing offered for lease or rental under a rental agreement as defined in 9 V. See
• 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. See
• 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. 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
• School: means :

• School: means a public or independent prekindergarten, kindergarten, elementary, or secondary school, or any postsecondary school as defined in 16 V. See
• School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
• Secretary: means the Secretary of Education. See
• Secretary of Health and Human Services: means the Secretary of Health and Human Services of the United States. See
• Single-user toilet facility: means a single-occupancy restroom with at least one water closet and with an outer door that can be locked by the occupant. See
• Source patient: means an individual who, in the course of receiving health services, may have exposed a health care worker, public safety personnel, or emergency personnel to blood or bodily fluids in a manner sufficient to transmit a bloodborne disease. 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
• State Board: means the State Board of Education established by chapter 3 of this title. See
• Statute: A law passed by a legislature.
• Superstructure: means a large steel or other industrial structure, such as a bridge or water tower, that may contain lead-based paint. 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
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Trustee: A person or institution holding and administering property in trust.
• Venereal disease: means syphilis, gonorrhea, and any other sexually transmitted disease which the Department finds to be of significance and amenable to control. See
• Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See
• Worker: means emergency personnel, health care worker, or public safety personnel. See