Vermont Statutes Title 18 Sec. 1760
Terms Used In Vermont Statutes Title 18 Sec. 1760
- Department: means the Department of Health. See
- 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
- 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
- Lead-based paint: means paint or other surface coatings that contain lead in an amount:
- 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
- Owner: means any person who, alone or jointly or severally with others:
- Person: means any individual, company, corporation, association, partnership, the U. 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
- 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
§ 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 are prohibited and include the following, unless specifically authorized by the Department:
(1) Removing lead-based paint by:
(A) open flame burning or torching;
(B) use of heat guns operated above 1,100 degrees Fahrenheit;
(C) dry scraping or dry sanding;
(D) powered tools;
(E) hydro-blasting or high-pressure washing;
(F) abrasive blasting or sandblasting; and
(G) chemical stripping.
(2) Failing to employ one or more of the lead-safe work practice standards that the Commissioner shall adopt by rule.
(b) A person shall not use unsafe work practices in target housing, child-occupied facilities, pre-1978 public facilities, commercial facilities, and bridges or other superstructures.
(c) A component is exempt from this section if a written inspection report by a licensed lead-based paint inspector or lead-based paint inspector-risk assessor states that the component affected by an RRPM activity is free of lead-based paint, and the owner or firm, or both, conducting the activity has been provided with a copy of the report. Removal of all paint from a component does not exempt the component from the requirements of this section. (Added 1995, No. 165 (Adj. Sess.), § 7; amended 2007, No. 176 (Adj. Sess.), § 31; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2019, No. 4 (Adj. Sess.), § 1, eff. October 21, 2022.)