The Vermont Statutes Online

Title 18: Health

Chapter 38: LEAD POISONING

18 V.S.A. § 1751. Definitions



§ 1751. Definitions

(a) Words and phrases used in this chapter have the same definitions 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) For the purposes of this chapter:

(1) "Abatement" means any set of measures designed to permanently eliminate lead-based paint hazards 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 fixtures, and removal or covering of lead-contaminated soil.

(B) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.

(2) "Child" or "children" means an individual or individuals under the age of 18 years, except where specified as a child or children six years of age or younger.

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

(4) "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 fixture that is otherwise damaged or separated from the substrate.

(5) "Due date" means the date by which an owner of rental target housing or a child care facility shall file with the department the EMP compliance statement required by section 1759 of this title. The due date shall be one of the following:

(A) No later than 366 days after the most recent EMP compliance statement or EMP affidavit was received by the department.

(B) Within 60 days after the closing of the purchase of the property if no EMP compliance statement was filed with the department within the past 12 months.

(C) Any other date agreed to by the owner and the department.

(D) Any other date set by the department.

(6) "Dwelling" means any residential unit, including attached structures such as porches and stoops, used as the home or residence of one or more persons.

(7) "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.

(8) "EMP" means essential maintenance practices required by section 1759 of this title.

(9) "Independent dust clearance" means a visual examination and collection of dust samples, by a lead inspector or lead 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 inspector or lead 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 utilizing current information from the U.S. Environmental Protection Agency or the U.S. Department of Housing and Urban Development.

(10) "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.

(11) "Interim controls" means a set of measures designed to temporarily reduce human exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment of management and resident education programs.

(12) "Lead-based paint" means paint or other surface coatings that contain lead in excess of limits established under section 302(c) of the Federal Lead-Based Paint Poisoning Prevention Act.

(13) "Lead contractor" means any person employing one or more individuals licensed by the department under this chapter.

(14) "Lead abatement worker" means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to perform abatements.

(15) "Lead designer" means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to prepare lead abatement project designs, occupant protection plans, and abatement reports.

(16) "Lead hazard" means any condition that causes exposure to lead inside and in the immediate vicinity of target housing from water, dust, soil, paint, or building materials that would result in adverse human health effects as defined by the department using current information from the U.S. Environmental Protection Agency or the U.S. Department of Housing and Urban Development.

(17) "Lead inspector" means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to conduct inspections.

(18) "Lead risk assessor" means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to conduct risk assessments.

(19) "Lead-safe renovator" means any person who has completed a lead-safe training program approved by the department and has a current registration issued by the department to perform renovations in target housing or child care facilities in which interior or exterior lead-based paint will be disturbed.

(20) "Lead supervisor" means any individual who has satisfactorily completed an accredited training program approved by the department and has a current license issued by the department to supervise and conduct abatement projects and prepare occupant protection plans and abatement reports.

(21) "Occupant" means any person who resides in, or regularly uses, a dwelling, mobile dwelling, or structure.

(22) "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) Has charge, care, or control of any dwelling or child care facility as agent of the guardian of the estate of the owner.

(C) Has charge, care, or control of any dwelling or child care facility as property manager for the owner if the property management contract includes responsibility for any maintenance services, unless the property management contract explicitly states that the property manager will not be responsible for compliance with section 1759 of this title.

(D) 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.

(E) 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.

(23) "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.

(24) "Risk assessment" means an on-site investigation by a lead 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.

(25) "Screen," "screened," or "screening" relating to blood lead levels, means the initial blood test to determine the presence of lead in a human.

(26) "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 the elderly or persons with disabilities, unless a child six years of age or younger resides in or is expected to reside in that dwelling. "Target housing" does not include units in a hotel, motel, or other lodging, including condominiums that are rented for transient occupancy for 30 days or less. (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.)