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NO. 37. AN ACT RELATING TO ABATEMENT OF LEAD PAINT HAZARDS IN RENTAL HOUSING AND CHILD CARE CENTERS.

(S.114)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 18 V.S.A. 1751(b)(3),(19), (22) and (24) are amended to read:

(b) For the purposes of this chapter:

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(3) "Child care facility" means a day care facility or family day care home as defined in 33 V.S.A. 4902 that was constructed prior to 1978.

(19) "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 residential dwelling unit in which the owner of the dwelling unit resides.

(22) "Severely lead-poisoned" means a confirmed venous blood lead level in a child six years of age or younger *[than six years of age]* that is greater than or equal to 20 micrograms of lead per deciliter of whole blood or as defined by the commissioner.

(24) "Target housing" means any dwelling or dwelling unit constructed prior to 1978, except any 0-bedroom residential dwelling unit or any residential dwelling unit located in multiple-unit buildings or projects reserved for the exclusive use of the elderly or persons with disabilities *[(unless any child who is less than six years of age resides or is expected to reside in such housing)]* , unless a child six years of age or younger resides in or is expected to reside in that housing. "Target housing" does not include units in a hotel, motel or other lodging, including condominiums, that are designed and rented for transient occupancy for travelers or vacationers and not intended to be used as a primary residence.

Sec. 2. 18 V.S.A. 1759(a)(2), (3), (5) and (7) are amended to read:

(a) For the purposes of this section, all paint is presumed to be lead-based unless a certified inspector has determined that it is not lead-based. All owners of rental target housing and child care facilities shall perform the following essential maintenance practices on their property:

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(2) Perform visual on-site inspections of all interior and exterior surfaces and fixtures of the building to identify deteriorated paint and install window well inserts into all windows, or protect window wells by another method approved by the department, no later than *[January 1, 1997]* July 1, 1998; thereafter, visual on-site inspections shall be performed annually *[or]* and upon a change of tenant.

(3) At each change of tenant, and annually in units in which a child six years of age or younger resides clean all window wells and window sills within the unit and in all areas of the building to which access by tenants is not restricted by the rental agreement. The cleaning shall be accomplished by using cleaning methods, products and devices that are effective in the removal of lead-contaminated dust*[, such as vacuum cleaners with high efficiency particulate accumulator (HEPA) filters and trisodium phosphate or lead specific detergents]* and recommended by the department.

(5) If more than one square foot of deteriorated paint is found on any exterior wall surface or fixture not covered by subdivision (4) of this subsection and is located in an area frequented by children six years of age or younger in warm weather, the owner shall:

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(7) Post, in a prominent place in buildings containing *[residential]* rental target housing units or a child care facility, a notice to occupants emphasizing the importance of promptly reporting deteriorated paint to the owner or to the owner's agent. The notice shall include the name, address, and telephone number of the owner or the owner's agent.

Sec. 3. 18 V.S.A. 1759(a)(8) is amended to read:

(8) Attend a training program offered or approved by the department. The training, which shall be available to any person who repairs, remodels or renovates property, shall be attended by the owner, the owner’s property manager, or a representative of the owner’s regular maintenance staff.

Sec. 4. 18 V.S.A. 1759(a)(9) is amended to read:

(9) Ensure that any person who performs essential maintenance work has completed a department-approved training program or is being supervised on-site by a person whohas completed the training program and complies with the essential maintenance practices.

Sec. 5. GENERAL AMENDMENT

Wherever they appear in chapter 38 of Title 18, the words "a child less than six years of age" shall be replaced by the words "a child six years of age or younger".

Approved: May 28, 1997