Lead Information for Property Owners

File your EMP Compliance Statement

The Health Department and the Environmental Protection Agency (EPA) have specific lead-based paint requirements for the maintenance and renovation of buildings and structures built prior to 1978. Below are resources for rental property owners, child care providers and schools, residential property owners, and owners of public, commercial, and industrial buildings and structures.

Essential Maintenance Practices: Vermont Lead Law for Child Care Facilities and Rental Housing

In Vermont, Essential Maintenance Practices (EMPs) are required for all pre-1978 child care facilities and rental target housing, as defined in V.S.A. Title 18, Chapter 38, §1751.

EMPs are relatively inexpensive maintenance activities that property owners or property managers must do to reduce lead-based paint hazards and inspect the property for deteriorated (chipping and peeling) lead-based paint.

You must attend an EMP class to become certified. Classes are generally available at no cost at various locations throughout Vermont. Visit LeadSafeVermont.org to see a list of upcoming classes, or call the Asbestos and Lead Regulatory Program at 802-863-7220 or 800-439-8550 (toll-free in VT) for more information.

If you are a property owner or property manager and are not EMP-certified, it’s advisable to hire a contractor who is both EMP- and EPA-certified. Search for a contractor on the EPA website and confirm that they are EMP-certified. Call contractors directly for details about services and rates. If you have questions, call the Asbestos and Lead Regulatory Program at (802) 863-7220 or (800) 439-8550 (toll-free in VT).

Make sure lead-safe work practices are followed. Unsafe work practices that disturb lead-based paint will create lead hazards (see Section 2.2.28). Creation of lead hazards in any kind of building or structure will result in compliance and enforcement proceedings and may cause a lead cleanup project that will require you to hire a Vermont-licensed lead abatement contractor.

Disclosure of Lead Hazards to Tenants

Landlords are required to disclose known information on lead-based paint and lead-based paint hazards to their tenants:

  • Before leases take effect. Leases must include the Protect Your Family from Lead in Your Home booklet and a copy of the rental unit’s most recent Compliance Statement (see below).
  • A copy of every following Compliance Statement (see below) must be provided to the tenant.
  • A notice to occupants that emphasizes the importance of promptly reporting deteriorated paint to the owner or property manager must be prominently posted (you may also call 800-439-8550 to receive copies of this poster).

EMP Compliance Statement

Vermont law requires that owners of child care facilities and rental target housing built before 1978 complete a Compliance Statement after doing EMPs. Owners and managers of pre-1978 child care facilities and rental target housing can file their annual EMP Compliance Statement online.

If property owners or property managers have questions about EMPs or filing Compliance Statements, please contact the Asbestos and Lead Regualtory Program at 802-863-7220 or 800-439-8550 (toll-free in VT).

If a tenant believes a Compliance Statement should be filed for a particular property, first contact the property owner with concerns about lead-based paint hazards. Information on preventing lead poisoning can be found on the Lead Hazards page and in the Protect Your Family from Lead in Your Home booklet. If a tenant is unable to resolve their concerns with the property owner, please report a violation to the Asbestos and Lead Regualtory Program at 802-863-7220 or 800-439-8550 (toll-free in VT).

Homeowners

Assume lead-based paint is present in all homes built before 1978. Risk of lead poisoning can be lowered when homeowners know how to reduce or eliminate exposure to lead-contaminated soil, lead dust, and deteriorated (chipping and peeling) lead-based paint.

For contractors working in pre-1978 homes, the EPA has specific requirements for the maintenance and renovation of lead-based painted surfaces. While homeowners are not required to be Lead-Safe Certified Renovators to do renovation and repair work in their own home, you are encouraged to use lead-safe work practices when your activities will disturb lead-based paint.

Unsafe work practices that disturb lead-based paint will create lead hazards (see Section 2.2.28). Creation of lead hazards in any kind of building or structure will result in compliance and enforcement proceedings and may cause a lead cleanup project that will require you to hire a Vermont-licensed lead abatement contractor.

You should consider hiring an EPA Lead-Safe Certified Firm to do renovation or repair work in areas where lead-based paint is present. These contractors have been trained in special methods to minimize dust and clean up thoroughly to reduce the chance of lead contamination.

If you want to know whether lead-based paint is in your home, hire a Vermont-certified Lead Inspector or Risk Assessor to conduct a lead inspection or risk assessment. A lead inspection determines the presence or absence of lead-based paint on painted or coated surfaces. A risk assessment identifies lead hazards from deteriorated paint, dust, and bare soil, and identifies options for controlling the lead hazards.

Public, Commercial and Industrial Property Owners

Risk of lead poisoning can be lowered when building owners know how to reduce or eliminate exposure to lead-contaminated soil, lead dust, and deteriorated (chipping and peeling) lead-based paint.

For contractors working on pre-1978 public, commercial, and industrial buildings and structures, the Health Department and the EPA recommend lead-safe work practices when performing the maintenance and renovation of lead-based painted surfaces. Building owners should consider hiring an EPA Lead-Safe Certified Firm to perform renovation or repair work in areas where lead-based paint is present. These contractors have been trained in special methods to minimize dust and clean up thoroughly to reduce the chance of lead contamination.

Unsafe work practices that disturb lead-based paint will create lead hazards (see Section 2.2.28). Creation of lead hazards in any kind of building or structure will result in compliance and enforcement proceedings and may cause a lead cleanup project that will require you to hire a Vermont-licensed lead abatement contractor.

If you want to know whether lead-based paint in a building or structure, hire a Vermont-certified Lead Inspector or Risk Assessor to conduct a lead inspection or risk assessment. A lead inspection determines the presence or absence of lead-based paint on painted or coated surfaces. A risk assessment identifies lead hazards from deteriorated paint, dust, and bare soil, and identifies options for controlling the lead hazards

Vermont Lead Law and Real Estate Transactions

The Vermont Lead Law was passed in 1996 and updated in 2008 (18 V.S.A. Chapter 38. Effective July 1, 2008, the law (18 V.S.A. §1767) requires sellers to provide lead disclosure information and educational materials approved by the Health Department during real estate transactions for all pre-1978 housing, whether owner-occupied or rental.

See this fact sheet for a summary of seller’s obligations in all types of real estate transactions.

Seller Responsibilities: Pre-1978 Residential Rental Properties

Seller Responsibilities: Pre-1978 Owner-occupied single family homes (non-rental)

Seller Responsibilities: Certified Lead-Free Pre-1978 Residential Structure

  • Vermont Lead Law Disclosure Form—Lead-free Property This form will be used infrequently. It is for use when residential housing bas been certified lead-free by a Vermont licensed Lead Inspector or Risk Assessor, who has conducted an inspection using an XRF machine, and the results have been sent to the Health Department.

Buyer Responsibilities: Pre-1978 Residential Rental Properties

For rental properties built before 1978, if the property is not in compliance with the Vermont Lead Law at the time of sale:

  • The buyer must bring the property in full Essential Maintenance Practices (EMP) compliance within 60 days of closing, unless an extension of time is granted by the Commissioner of Health. A request for an extension may be filed in writing with the Commissioner of Health, P.O. Box 70, Burlington, VT, 05402-0070, and must be submitted at least 10 business days before the due date. The Commissioner may grant the request only for good cause.
  • Failure to comply with this requirement carries a mandatory civil penalty.
Financial Assistance

The Vermont Housing & Conservation Board’s Lead-Based Paint Program provides financial and technical assistance to income-eligible landlords and homeowners to reduce the risk of lead poisoning caused by lead-based paint hazards, call 802-828-5064 or 800-290-0527.

If your property is in Burlington or Winooski, the Burlington Lead Program of the City of Burlington provides similar assistance, call 802-865-LEAD (5323).

Contact Information

Asbestos & Lead Regulatory Program 
108 Cherry St., PO Box 70
Burlington, VT 05402
Phone: 802-863-7220 or
800-439-8550 (toll-free within VT)
Fax: 802-863-7483