Vermont Lead Law

 

In 1996, the Vermont State Legislature passed Act 165, to help prevent childhood lead poisoning in rental housing and child care facilities. Under this law, property owners must do the following in pre-1978 rental housing, unless a certified inspector has determined that the property or unit is free of lead.
The owner must accomplish the following:

  • Provide written information on lead paint hazards to current and prospective tenants;
  • Post a notice in the building asking occupants to report deteriorated paint to the owner or agent;
  • Perform Essential Maintenance Practices (EMPs)*;
  • Complete a Vermont Department of Health (DOH) training course, or have a representative of the owner's Maintenance staff complete the course;
  • Sign an affidavit indicating that EMPs have been completed and file a copy annually with their insurance carrier and the Vermont DOH.

*Vermont's Essential Maintenance Practices follow below:

  • Perform a visual on-site inspection of interior and exterior surfaces to identify deteriorated paint;
  • Install window well inserts in all window wells;
  • Stabilize paint if more than one square foot of deteriorated paint is found on any interior surface or on any exterior Porch surface accessible to the tenant within 30 days of identification or report by the tenant;
  • Take reasonable precautions when disturbing paint as described by the Vermont DOH, which includes not utilizing prohibited practices;
  • Use good work practices and safety precautions to prevent the spread of dust;
  • Perform specialized cleaning at the conclusion of work, annually and when the unit turns over.

The law also has other provisions relating to Vermont DOH authority to inspect units, issuance of EMO training certificates, owner liability and future rule making authority.

The law has been in effect since July 1, 1996. As of February 1999, over 7,000 people had taken the EMP course, and over 7,000 affidavits had been filed. NCHH interviewed 15 property owners, managers, trainers, and Health Department staff to get a sense of their experiences with the law. The paper summarizing their views is available as the Vermont Evaluation.

For a copy of the Vermont Lead Law, please contact:

Lead Poisoning Prevention Program
Vermont Department of Health
108 Cherry Street
Burlington, Vermont 05402.