2005 Vermont Code - § 1751. — Definitions

§ 1751. Definitions

(a) Words and phrases used in this chapter or in rules adopted pursuant to this chapter and not defined herein shall have the meanings given to them in the Federal Residential Lead-Based Paint Hazard Reduction Act of 1992. In the event of inconsistency between meanings given in such federal act and meanings given in this chapter, the federal act shall apply except where meanings given in this chapter serve to narrow, limit or restrict the applicability of a word or phrase, in which cases the narrower meaning shall apply.

(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) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; and

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

(2) "Certified inspector" or "licensed inspector" means an individual who has been trained by an accredited training program and certified by the department to perform the duties of an inspector or risk assessor.

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

(4) "Commissioner" means the commissioner of the department of health.

(5) "Comprehensive environmental lead inspection" or "inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

(6) "Department" means the department of health.

(7) "Deteriorated paint" means any interior or exterior lead-based paint that is peeling, chipping, chalking, flaking, or cracking or any lead-based paint located on an interior or exterior surface or fixture that is damaged or deteriorated.

(8) "Dwelling" means:

(A) a single-family dwelling, including attached structures such as porches and stoops; or

(B) a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

(9) "Independent dust clearance" means a visual examination and collection of environmental samples, including dust samples, by a licensed inspector in whose firm or corporation the owner of the property to be inspected has no financial interest. The licensed inspector 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) "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.

(11) "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.

(12) "Lead contractor" means any person engaged in deleading or lead hazard reduction as a business and includes consultants and inspectors who design, perform, oversee or evaluate lead hazard reduction projects.

(13) "Lead-based paint activities" means:

(A) in the case of target housing, risk assessment, inspection, and abatement.

(B) in the case of any public building constructed before 1978, identification of lead-based paint and materials containing lead-based paint, deleading, and demolition. The term "lead-based paint activities" may be further limited or restricted by rule adopted by the secretary.

(14) "Lead-based paint hazard" or "LBP hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that has deteriorated or is present in accessible surfaces, friction surfaces, or impact surfaces 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.

(15) "Lead-based paint hazard control" or "LBP hazard control" or "lead hazard control" means a measure or set of measures designed to control or eliminate human exposure to lead-based paint hazards through methods that include interim controls, abatement, and complete removal.

(16) "Lead poisoning" means a confirmed blood lead level in a child six years of age or younger greater than or equal to ten micrograms of lead per deciliter of whole blood, unless the commissioner finds by rule that a higher or lower concentration is necessary to protect public health.

(17) "Occupant" means any person who resides in, or regularly uses, a dwelling, car dwelling unit, or structure.

(18) "Owner" means any person who, alone or jointly or severally with others:

(A) Has legal title to any dwelling or dwelling unit or child care facility with or without accompanying actual possession thereof; or

(B) Has charge, care or control of any dwelling or dwelling unit or child care facility as agent of the owner or guardian of the estate of the owner. An agent of the owner does not include real estate and property management functions where the agent is only responsible for the property management and does not have authority to fund capital or major property rehabilitation on behalf of the owner.

(C) For purposes of publicly-owned property only, the owner shall be the chief executive officer of the municipal or state agency which owns, leases or controls the use of the property.

(D) A person who holds indicia of ownership in a dwelling or dwelling unit or child care facility furnished by the owner or person in lawful possession for the primary purpose of assuring repayment of a financial obligation shall not be considered an owner unless such person has taken full legal title through foreclosure, deed in lieu of foreclosure or otherwise. Indicia of ownership includes interests in real or personal property that are 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.

(E) Owns a building in which a child care facility is located or owns the child care business, although the owner of the child care business may not own the building.

(19) "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 residential dwelling unit in which the owner of the dwelling unit resides.

(20) "Risk assessment" means an on-site investigation by a licensed inspector or risk assessor to determine and report the existence, nature, severity and location of lead- based paint hazards, including information gathering about the age and history of the property and occupancy by children under the age of six years, visual inspection, limited wipe sampling or other environmental sampling techniques, other appropriate risk assessment activities and a report on the results of the investigation.

(21) "Secretary" means the secretary of the agency of human services.

(22) "Severely lead-poisoned" means a confirmed venous blood lead level in a child six years of age or younger that is greater than or equal to 20 micrograms of lead per deciliter of whole blood or as defined by the commissioner.

(23) "State inspector" means the commissioner or any person who is authorized in writing by the commissioner to conduct inspections for the department.

(24) "Target housing" means any dwelling or dwelling unit constructed prior to 1978, except any 0-bedroom residential dwelling unit or any residential dwelling unit 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 housing. "Target housing" does not include units in a hotel, motel or other lodging, including condominiums, that are designed and rented for transient occupancy for travelers or vacationers and not intended to be used as a primary residence. (Added 1993, No. 94, § 3; amended 1995, No. 165 (Adj. Sess.), § 2; 1997, No. 37, § 1.)