§ 1751. Definitions (a) Words and phrases used in this chapter shall have the same meaning 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) As used in this […]
§ 1752. Accreditation of training programs; individuals, entities, or firms involved in lead-based paint or RRPM activities (a) The Department shall develop a program to administer and enforce lead-based paint activities and RRPM activities with regard to training and licensing standards, rules, or other requirements established by the Commissioner, which are at least as protective […]
§ 1753. Accreditation, license, permit, notification, registration, and administrative fees (a) The Commissioner shall assess fees for accrediting training programs, licenses, license renewals, and permits issued in accordance with this chapter. Fees shall not be imposed on any State or local government, agent of the State, or nonprofit training program and may be waived for […]
§ 1754. Public education (a) The Commissioner shall prepare and distribute clear and simple materials describing the dangers of lead poisoning, the need for parents to have their child screened, how to have a child tested, and recommended nutrition and housekeeping practices. The Commissioner shall work with persons and organizations involved in occupations that may […]
§ 1755. Universal testing (a) All health care providers who provide primary health care to children shall test children one and two years of age for elevated blood lead levels in accordance with rules adopted by the Commissioner. (b) [Repealed.] (c) All health care providers who provide primary medical care shall ensure that parents and […]
§ 1756. Annual report (a) The Commissioner shall, at least annually, analyze and summarize all aggregate lead screening and testing information provided by physicians, health care facilities, and laboratories and provide this information to all other local and State agencies involved with case management and lead hazard reduction. (b) The Commissioner shall also at least […]
§ 1757. Children with elevated blood lead levels (a) The Commissioner shall adopt rules pursuant to 3 V.S.A. 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 […]
§ 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 […]
§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices (a) All paint in target housing, child-occupied facilities, and pre-1978 public facilities, commercial facilities, and bridges or other superstructures is presumed to be lead-based unless the component affected by the RRPM activity is exempt pursuant to subsection (c) of this section. Unsafe work practices […]
§ 1761. Duty of reasonable care; negligence; liability (a) An owner of rental target housing or a child care facility or an owner’s representative shall take reasonable care to prevent exposure to, and the creation of, lead hazards. In an action brought under this section, evidence of actions taken or not taken to satisfy the […]
§ 1762. Secured lenders and fiduciaries; liability (a) A person who holds indicia of ownership in rental target housing or a child care facility furnished by the owner or person in lawful possession, for the primary purpose of assuring repayment of a financial obligation, and who takes full legal title through foreclosure or deed in […]
§ 1763. Public financial assistance; rental target housing and child care facilities Every State agency or instrumentality that makes a commitment to provide public financial assistance for the purchase or rehabilitation of rental target housing or child care facilities shall give priority to projects in which the property is exempt pursuant to subsection 1759(e) of […]
§ 1764. Lead inspectors; financial responsibility The Commissioner shall require that a licensee or an applicant for a license under subsection 1752(e) of this chapter provide evidence of ability to indemnify properly a person who suffers damage from lead-based paint activities or RRPM activities such as proof of effective liability insurance coverage or a surety […]
§ 1765. Liability insurance (a) If the Commissioner of Financial Regulation determines that lead hazards have substantially diminished the availability of liability insurance for owners of rental target housing or child care facilities and that a voluntary market assistance plan will not adequately restore availability, the Commissioner shall order liability insurers to provide or continue […]
§ 1766. Enforcement; administrative penalties (a) A person who violates this chapter may be subject to an administrative penalty not to exceed $5,000.00 for each determination of a separate violation. If the Commissioner determines that a violation is continuing, each day’s continuance may be deemed a separate offense beginning from the date the violator is […]
§ 1767. Transfer of ownership of target housing; RRPM compliance (a) Prior to the time a purchase and sale agreement for target housing is executed, the seller shall provide the buyer with materials approved by the Commissioner, including a lead hazard brochure and materials on other lead hazards in housing. The seller shall also provide […]
