[Section 1759 effective until occurrence of contingency; see also contingent amendment to section 1759 .]

§ 1759. Essential maintenance practices

(a) Essential maintenance practices (EMP) in rental target housing and child care facilities shall be performed only by a person who has successfully completed an EMP training program approved by the Commissioner or a person who works under the direct, on-site supervision of a person who has successfully completed such training. That person shall comply with section 1760 of this title and shall take all reasonable precautions to avoid creating lead hazards during any renovations, remodeling, maintenance, or repair project that disturbs more than one square foot of lead-based paint, pursuant to guidelines issued by the Department. The following essential maintenance practices shall be performed in all rental target housing and child care facilities, unless a lead inspector or a lead risk assessor has certified that the property is lead-free:

(1) Install window well inserts in all windows or protect window wells by another method approved by the Department.

(2) At least once a year, with the consent of the tenant, and at each change of tenant, perform visual on-site inspection of all interior and exterior painted surfaces and components at the property to identify deteriorated paint.

(3) Promptly and safely remove or stabilize lead-based paint if more than one square foot of deteriorated lead-based paint is found on any interior or exterior surface located within any area of the dwelling to which access by tenants is not restricted. An owner shall assure that all surfaces are free of deteriorated lead-based paint within 30 days after deteriorated lead-based paint has been visually identified or within 30 days after receipt of a written or oral report of deteriorated lead-based paint from any person including the Department, a tenant, or an owner of a child care facility. Because exterior paint repairs cannot be completed in cold weather, any exterior repair work identified after November 1 shall be completed no later than the following May 31, provided that access to surfaces and components with lead hazards and areas directly below the deteriorated surfaces is clearly restricted.

(4) If more than one square foot of deteriorated paint is found on any exterior wall surface or fixture not covered by subdivision (3) of this subsection, the owner shall:

(A) promptly and safely repair and stabilize the paint and restore the surface; or

(B) prohibit access to the area, surface, or fixture to assure that children will not come into contact with the deteriorated lead-based paint.

(5) For any outdoor area, annually remove all visible paint chips from the ground on the property.

(6) At least once a year, using methods recommended by the Department, thoroughly clean all interior horizontal surfaces, except ceilings, in common areas accessible to tenants.

(7) At each change of tenant, thoroughly clean all interior horizontal surfaces of the dwelling, except ceilings, using methods recommended by the Department.

(8) Post, in a prominent place in buildings containing 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.

(b) The owner of rental target housing shall perform all the following:

(1) File with the Department by the due date an EMP compliance statement certifying that the essential maintenance practices have been performed, including all the following:

(A) The addresses of the dwellings in which EMP were performed.

(B) The dates of completion.

(C) The name of the person who performed the EMP.

(D) A certification of compliance with subdivision (4) of this subsection.

(E) A certification that subdivisions (2) and (3) of this subsection have been or will be complied with within 10 days.

(2) File the statement required in subdivision (1) of this subsection with the owners' liability insurance carrier and the Department.

(3) Provide a copy of the statement to all tenants with written materials regarding lead hazards approved by the Department.

(4) Prior to entering into a lease agreement, provide approved tenants with written materials regarding lead hazards approved by the Department, along with a copy of the owner's most recent EMP compliance statement. The written materials approved by the Department pursuant to this subdivision shall include information indicating that lead is highly toxic to humans, particularly young children, and may even cause permanent neurological damage.

(c) The owner of the premises of a child care facility shall perform all of the following:

(1) File with the Department by the due date an EMP compliance statement certifying that the essential maintenance practices have been performed, including all the following:

(A) The address of the child care facility.

(B) The date of completion of the EMP.

(C) The name of the person who performed the EMP.

(D) A certification that subdivision (2) of this subsection (c) has been or will be complied with within 10 days.

(2) File the statement required in subdivision (1) of this subsection with the owner's liability insurance carrier; the Department for Children and Families; and with the tenant of the facility, if any.

(d) An owner who desires an extension of time for filing the EMP compliance statement shall file a written request for an extension from the Department no later than 10 days before the due date. The Department may grant or deny an extension. (Added 1995, No. 165 (Adj. Sess.), § 6; amended 1997, No. 37, §§ 2-4; 2007, No. 176 (Adj. Sess.), § 30.)

[Contingent amendments to section 1759; see also section 1759 .]

§ 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 and safe repairs to deteriorated paint, and specialized cleaning after any work that disturbs painted surfaces and at tenant turnover.

(2) RRPM activities, including worksite preparation and cleanup of work areas, in target housing and child-occupied facilities shall be performed only by a person who has successfully completed an accredited RRPM training program or a person who works under the direct, on-site supervision of a person who has successfully completed the training, unless the property is exempt pursuant to subsection (b) or (e) of this section.

(3) A person engaging in RRPM activities shall comply with section 1760 of this chapter and related rules adopted by the Commissioner.

(4) A person engaging in RRPM activities shall take all reasonable precautions to avoid creating lead hazards during any RRPM project that is not a minor RRPM activity.

(5) RRPM activities performed for compensation shall be conducted only by a licensed RRPM supervisor or under the direct, on-site supervision of a licensed RRPM supervisor.

(b) A homeowner residing in and intending to perform RRPM activities in his or her own private residence:

(1) is exempt from this section;

(2) shall comply with section 1760 of this chapter; and

(3) shall dispose of all lead-based paint in accordance with the rules adopted by the Department of Environmental Conservation.

(c) An owner of rental target housing or a child care facility or the owner's representative shall:

(1) file with the Department an RRPM compliance statement pursuant to rules adopted by the Commissioner, unless the property is exempt pursuant to subsection (e) of this section; and

(2) abide by any rules pertaining to the maintenance of lead-based paint and provision of notice to tenants as may be prescribed  by the Commissioner.

(d)(1) Prior to entering into a lease agreement, an owner or owner's representative shall provide approved tenants with written materials approved by the Department regarding lead hazards and a copy of the owner's most recent RRPM compliance statement. The written materials approved by the Department pursuant to this subsection shall include information indicating that lead is highly toxic to humans, particularly young children, and may cause permanent neurological damage, even at low exposure levels.

(2) An owner of a facility, or owner's representative, shall fully inform a tenant who intends to operate a child care facility on the premises of the requirements of this section.

(e)(1) A property is exempt from this section if a written inspection report from a licensed lead-based paint inspector-risk assessor states that all accessible surfaces are free of lead-based paint and the owner and person performing RRPM activities have been provided with a copy of the report.

(2) An owner of rental target housing or a child care facility or owner's representative shall provide a copy of the written inspection report to the Department for review and determination of exempt status.

(3) A new written inspection report shall be required to maintain exempt status if lead hazards are created as a result of RRPM activities performed or if previously inaccessible components are exposed after the date of the original written inspection report.

(4) If a property has been remodeled, it is not exempt from this section unless the full requirements of this section have been met.

(f) The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25 as necessary for the implementation, administration, and enforcement of this section. (Added 1995, No. 165 (Adj. Sess.), § 6; amended 1997, No. 37, §§ 2-4; 2007, No. 176 (Adj. Sess.), § 30; 2017, No. 149 (Adj. Sess.), § 2.)