Lead

Lead poisoning is a serious but preventable health problem. Medical research shows that there is NO safe level of lead.

Lead can cause permanent damage to children, including: learning disabilities, behavioral problems, lower IQ, and other health problems. In 2007, about 1,600 Vermont children under the age of 6 who were tested for lead had blood lead test results at or above the current Vermont level of concern (5 micrograms per deciliter). Adults can also suffer health effects from lead, including: higher blood pressure, cardiovascular disease, anemia, kidney damage, thyroid dysfunction and cancer.

Lead in paint and dust from lead paint are the major sources of lead exposure for Vermont children. Approximately 66% of Vermont homes and 80% of Vermont rental units were built before 1978 when lead was banned in residential paint. Anyone living in or working on these buildings is at greater risk for exposure to lead – especially when unsafe work practices are used.

Contact the Office of the Attorney General: For questions on Vermont’s lead law and the lead law enforcement activity of the Office of the Attorney General please call 802-828-5507 or e-mail: vtleadlaw@atg.state.vt.us

Vermont’s lead laws:

Vermont’s lead in housing law, 18 V.S.A., Chapter 38, can be viewed here.

Vermont’s lead in housing law was most recently amended effective July 1, 2008 to view a summary of those amendments click here.

Vermont’s lead in consumer products law, 9 V.S.A., Chapter 63, Subchapter 1C, can be viewed here. Vermont’s lead in consumer products law is intended to phase out most lead from children’s products and from some non-children’s items, as well as to provide warnings to consumers about lead.

Parts of Vermont’s lead in consumer products law, relating to lead in children’s products, have been supplanted (or “preempted”) by the federal Consumer Product Safety Improvement Act of 2008, which was signed into law on August 14, 2008. To view the federal law click here.

The Attorney General’s Office has written a guide to the lead in consumer products law for businesses, which can be accessed by clicking here.

For a supplemental guide on lead in plumbing supplies, click here.

Enforcement Actions: The Office of the Vermont Attorney General, working with the Department of Health, is committed to decreasing the exposure of Vermonters to lead through enforcement of the Vermont lead laws. To view court documents (including complaints, settlements and press releases) for lead law enforcement cases brought since the fall of 2007, click here.

THE EPA “RRP RULE”

ATTENTION PAINTERS, CONTRACTORS, REMODELERS, MAINTENANCE WORKERS AND OTHER SPECIALTY TRADES:

On April 22, 2010, the United States Environmental Protection Agency’s (“EPA”) Renovation, Repair, and Painting (“RRP”) rule will go into effect.

The RRP rule requires that contractors and others who do painting and renovation work in housing built prior to 1978, including non-rental housing, and those who work in child occupied facilities (such as daycares and schools) become lead certified renovators by taking an eight hour accredited renovator training course and must follow specific work practices to prevent lead contamination.

The RRP rule covers any person who performs renovation for compensation including: construction and renovation contractors; window replacement contractors; electricians, plumbers, painters and other specialty contractors; property managers and their staffs; and single person operations.

The RRP requirements are in addition to any requirements of Vermont’s lead in housing law. For example, a property maintenance company who maintains pre-1978 housing in Vermont will likely need to be certified under the federal RRP rule and Vermont’s lead in housing law (by taking the EMP training).

For more information on the RRP rule, please visit the EPA website. The EPA maintains a database of accredited trainers on its website, or you may contact the EPA at 1-800-424-LEAD for assistance in finding a trainer. Additional information on the RRP rule and Vermont trainings is available by contacting:

The Vermont Homebuilders and Remodelers Association of Northern Vermont
The Associated General Contractors of Vermont

How to Comply with Vermont’s Lead in Housing Law:

Annually, owners of pre-1978 rental properties must perform essential maintenance practices (known as “EMPs”) at the rental properties. EMPs include, but are not limited to, installing window well inserts, visually inspecting properties at least annually for deteriorated lead-based paint, restoring surfaces to be free of deteriorated lead-based paint within 30 days after such paint has been visually identified or reported to the owner by a tenant, and posting lead-based paint hazard information in a prominent place.

An EMP Compliance Statement certifying completion of EMPs needs to be submitted annually to the Department of Health, to the property owner’s insurance carrier and to all tenants of the property.

For a fill-able copy of the EMP Compliance Statement, click here.

“Protect Your Family From Lead In Your Home” – U.S. Environmental Protection Agency (EPA) guide to identifying and reducing lead hazards in your home. It is required that this pamphlet be distributed to tenants as a part of complying with the Vermont Lead Law (EMP Compliance Statement number 11).

List of EMP Contractors: The Department of Health has a list of contractors who have completed an approved Essential Maintenance Practices (EMP) training course and are available to perform EMPs for a fee. This list is not a recommendation or endorsement by the Vermont Department of Health.

On June 12, 2008, the Vermont Attorney General’s Office sponsored a workshop for landlords and property managers on how to comply with Vermont’s lead in housing law. The materials from the workshop include a summary of the legal requirements of the law, financial and technical resources and model forms to come into and stay in compliance with the law, best management practices, and model forms for property management companies. To view a video of this training online, click here. For a copy of the workshop materials, click here.

Effective July 1, 2008, sellers of pre-1978 housing must disclose certain information on lead hazards and, for rental housing, on compliance with the law. Disclosures are required both prior to executing a purchase and sale agreement and at the time of sale. For information from the Department of Health on the specific actions that must be taken and the materials that must be distributed, click here.

Documents & Resources:

Attorney General Sorrell on “Across the Fence”: Vermont Attorney General William H. Sorrell appeared on the “Across the Fence” television program on March 16, 2009 to discuss the dangers of lead paint, the obligations of landlords under Vermont’s lead law, and the lead law enforcement activity of the Office of the Attorney General. Streaming video of Attorney General Sorrell’s appearance on “Across the Fence” may be viewed here.

“Get the Lead Out of Vermont” Report: On February 1, 2007, Attorney General William Sorrell and Acting Commissioner of Health Sharon Moffatt, RN, MSN, released the results of a year-long study of lead poisoning in Vermont. The report recommends a wide variety of actions the State can take to reduce the effects of lead on all Vermonters. The entire report can be viewed below:

Get the Lead Out of Vermont (Cover)
Table of Contents Overview
Housing
Consumer Products
Identification and Intervention
Resources

Town Health Officers: the Vermont Department of Health has information and resources available for Town Health Officers on its website, including information on the role and responsibilities of Town Health Officers, the Town Health Officer Manual, and audio podcasts of Town Health Officer trainings and presentations.

Find your Town Health Officer: The Department of Health also maintains a searchable list of all Vermont Town Health Officers by town and officer name.

Aditional Issues:

EMP Training
Selecting
Lead Poisoned Children Rules
Lead Disclosure Rule
Rental Housing Health Code
VDH Lead Resource Guide
Vermont Lead Poisoning Statutes

Useful Links:

Vermont Department of Health lead website
Vermont Housing and Conservation Board
City of Burlington Lead Program
Vermont Apartment Owners Association
Vermont Tenants Inc. (VTI)
Vermont Legal Aid