Section I Purpose and Authority
These rules are adopted lo assure that prompt action will be
taken to confirm a lead poisoning diagnosis, to inspect the possible sources of
lead poisoning, and to secure voluntary compliance or to take necessary
enforcement action towards abatement and/or interim controls in target housing
which is rented or leased.
These rules are adopted under authority of Section
1757
of Title 18 of the Vermont Statutes Annotated, and under the authority of the
Secretary of the Agency of Human Services to promulgate such rules as are
necessary to administer Title 18.
Section II Definitions
Words and phrases used in these rules and not defined herein
shall have the meanings given to them in Chapter 38, Title 18 of the Vermont
Statutes Annotated or 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 Chapter 38, the federal act shall apply
except where meanings given in Chapter 38 serve to narrow, limit or restrict
the applicability of a word or phrase, in which cases the narrower meaning
shall apply.
For purposes of these rules:
(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)
"Commissioner" means the Commissioner of the Department of Health.
(3) "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.
(4) "Department" means the Department of
Health.
(5) "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.
(6) "Interim Controls" means a set of
measures designed to reduce temporarily human exposure or likely 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 and operation of management and
resident education programs.
(7)
"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.
(8) "Lead-based paint hazard" means any
condition that causes exposure to lead from lead-contaminated dust,
lead-contaminated soil, lead-contaminated paint that is deteriorated or present
in accessible surfaces, friction surfaces, or impact surfaces that would result
in adverse human health effects as established by the appropriate federal
agency.
(9) "Lead poisoning" means,
for purposes of these rules, a confirmed blood lead level in a child less than
six years of age greater than or equal to ten micrograms of lead per deciliter
of whole blood.
(10) "Licensed
Private Inspector" means a private person licensed to carry out inspections in
accordance with Section
1752(d)
of Title 18 of the Vermont Statutes Annotated.
(11) "Occupant" means any person who resides
in or regularly uses, a dwelling, dwelling unit, or structure.
(12) "Owner" means any person who, alone or
jointly or severally with others:
(A) Has
legal title to any dwelling or dwelling unit or day care facility with or
without accompanying actual possession thereof; or
(B) Has charge, care or control of any
dwelling or dwelling unit or day care facility as owner or agent of the owner,
or an executor, administrator, trustee, or guardian of the estate of the owner.
Any person representing the actual owner shall comply with the provisions of
Chapter 38 of Title 18 and the rules adopted pursuant to Chapter 38 to the same
extent as if that person were 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 mortgagee or other secured lender or
lienholder shall not be considered an owner unless such person has foreclosed
or taken actual physical possession pursuant to applicable law.
(13) "Risk assessment" means an
on-site investigation to determine and report the existence, nature, severity,
and location of lead-based paint hazards in residential dwellings, including-
(A) information gathering regarding the age
and history of the housing and occupancy by children under age six;
(B) visual inspection;
(C) limited wipe sampling or other
environmental sampling techniques;
(D) other activities as may be appropriate,
and
(E) provision of a report
explaining the results of the investigation.
(14) "Severely lead poisoned" means a
confirmed blood lead level in a child under age six greater than or equal to
twenty micrograms of lead per deciliter of whole blood.
(15) "State inspector" means the Commissioner
or any person who is authorized in writing by the Commissioner to conduct
inspections for the Department.
(16) "Target housing" means any housing
constructed prior to 1978, except housing for the elderly or persons with
disabilities (unless any child who is less than 6 years of age resides or is
expected to reside in such housing for the elderly or persons with disabilities
or any O - bedroom dwelling.
Section
III Protocol
1. Confirmation of
Report
Upon receiving a report that a child under age six has been
diagnosed by a qualified physician to have lead poisoning, the Commissioner of
Health or the Commissioner's designee shall take prompt action to confirm the
diagnosis.
2.
Inspections/Risk Assessments
If the child is severely lead-poisoned, the Commissioner or
the Commissioner's designee shall provide for the inspection/risk assessment of
the dwelling unit occupied by the child and other locations where the child is
known to spend 10 or more hours per week, by a State Inspector/Risk Assessor or
Licensed Private Inspector/Risk Assessor.
3. Development of Plan
The Commissioner or the Commissioner's designee shall work
with the parents, owner, physician, and others involved with a severely
lead-poisoned child to develop a plan to minimize exposure of the child to lead
hazards.
In some cases, a lead-poisoned child may require temporary or
permanent relocation to allow for the implementation of lead-based paint hazard
controls. The Commissioner will work with the Department of Housing and
Community Affairs to evaluate the possible resources available for this
purpose. At least twice a year, the Department of Housing and Community Affairs
will provide the Commissioner with a list of the owners of housing units that
have received public funding and have also followed the applicable lead paint
policies.
Section
IV Voluntary Compliance and Enforcement
Abatement and/or interim controls will be required when a
child under age six who is severely lead poisoned resides in target housing
which is rented or leased, and a lead-based paint hazard has been identified by
an inspection/risk assessment of the dwelling unit in which the child resides.
The following procedure will be followed to assure abatement and/or interim
controls in such cases:
1. The owner
will be given immediate written notice fully describing the lead-based paint
hazards in the dwelling.
2. A
specific and reasonable time period for abatement and/or interim controls will
be required. This time period will depend on factors such as the extent of the
abatement and/or interim controls required, and will be documented by the
owner's agreement with the time period established:
3. If the time period established for
abatement and/or interim controls is not adhered to, voluntary compliance will
be sought by asking the owner to enter into a written Assurance of
Discontinuance in accordance with
18 VSA §
125. This Assurance will include a
description of the abatement and/or interim controls required and a time period
for abatement and/or interim controls. The signed Assurance will be filed with
the Superior Court and become an Order of the Court.
4. If an owner refuses to enter into an
Assurance of Discontinuance, the Commissioner will immediately institute an
action or proceeding under
18 VSA §
126 (health orders),
18 VSA §
127 (emergency health orders),
18 VSA §
130 (civil enforcement), or
18 VSA §
131 (criminal penalty) or will work with
local health officials to institute such an action or proceeding.
5. Any enforcement action will include
providing the child's parents or guardians and the owner with appropriate
educational materials on lead poisoning prevention. The child's parents or
guardians will also be provided with information obtained from the Department
of Housing and Community Affairs regarding temporary or permanent relocation
resources.
