Lead paint disclosure in Vermont

Section 1018 of Title X is the federal rule, and it covers most housing built before 1978, whether it's being sold or rented, according to the EPA. Vermont draws its line in the same place, at 1978.

There are a lot of older houses here. Census figures put 55% of Vermont homes before 1980. Rentals skew even older: 59% of them, which works out to 45,110 of the state's 76,431 rental homes.

The federal rule requires the seller to disclose any lead-based paint or lead hazards they know about. They also have to share whatever records they hold, give you the EPA lead pamphlet, and write a Lead Warning Statement into the contract, the EPA explains.

Vermont layers on one more requirement. Before you sign the purchase and sale agreement, the seller has to hand over lead materials that the Health Department has signed off on, plus a form disclosing lead, under 18 V.S.A. 1767(a). The form covers 3 things:

• Every lead inspection report that exists for the home
• Every risk assessment report, that is, a licensed professional's check of the home for lead hazards
• Every lead enforcement order that is still open or unfinished

You get 10 days under federal law to have the home tested, as the EPA notes.

Buy rental housing built before 1978 that falls short of Vermont's lead maintenance law, and you have 60 days from closing to get it compliant, under 18 V.S.A. 1767(f). That deadline can be pushed back by the Health Commissioner, but only in writing and only with a solid reason.

If you're renting pre-1978 housing, the landlord owes you lead materials that the Health Department has signed off on. You're also entitled to a copy of their most recent compliance filing, under 18 V.S.A. 1759(d)(1).

What's a compliance statement? It's a yearly filing the landlord sends to the Health Department to show the required lead upkeep has been done. You can look up your building's filing on the Health Department's renters page.

If you own rental housing or a child care building put up before 1978, you have to carry out the IRC routine each year, the Health Department says. IRC means Inspection, Repair and Cleaning: a routine for finding and fixing paint that's worn or damaged.

Workers doing the paint repairs need a Lead-safe RRPM license, and the work has to be finished within 30 days. Afterward, the owner submits that yearly compliance filing to the Health Department.

Vermont also expects landlords of pre-1978 housing to use reasonable care in keeping lead hazards away, under 18 V.S.A. 1761. Anyone harmed by a landlord's failure to take that care can sue for damages.

Can't find your building's compliance statement, or think your landlord is ignoring the rules? You can report the problem to the Health Department's Asbestos and Lead Regulatory Program.

Breaking Vermont's lead poisoning prevention law is punishable by fines as high as $5,000 per offense, under 18 V.S.A. 1766(a). And every day the violation goes on can be charged as its own offense.

Burlington has a Lead Program that lends up to $30,000 per unit, forgivable, to cut lead hazards in homes within Burlington and Winooski, according to the city. If you own rental units, you cover the first $1,000 per unit yourself. The city's Community and Economic Development Office runs the program on HUD grant money.

Under 18 V.S.A. 1755(a), every primary care provider in the state must test children for lead at age 1 and again at age 2. Any result of 45 ug/dL or more goes to the Health Department immediately, by phone.

For the Health Department, any detectable lead in a child's blood counts as elevated, per its guidance for providers. Families receive education at every confirmed level. Once a child hits 5 ug/dL, the department can send someone to check the child's home for lead.

If you're bringing in a pro to inspect or fix lead paint, it's useful to know what licenses are out there. The Health Department sets these fees, charged yearly or every few years, under 18 V.S.A. 1753(b).