Operative Text
(a) All paint in target housing, child-occupied facilities, and pre-1978 public facilities, commercial facilities, and bridges or other superstructures is presumed to be lead-based unless the component affected by the RRPM activity is exempt pursuant to subsection (c) of this section. Unsafe work practices are prohibited and include the following, unless specifically authorized by the Department: (1) Removing lead-based paint by: (A) open flame burning or torching; (B) use of heat guns operated above 1,100 degrees Fahrenheit; (C) dry scraping or dry sanding; (D) powered tools; (E) hydro-blasting or high-pressure washing; (F) abrasive blasting or sandblasting; and (G) chemical stripping. (2) Failing to employ one or more of the lead-safe work practice standards that the Commissioner shall adopt by rule. (b) A person shall not use unsafe work practices in target housing, child-occupied facilities, pre-1978 public facilities, commercial facilities, and bridges or other superstructures. (c) A component is exempt from this section if a written inspection report by a licensed lead-based paint inspector or lead-based paint inspector-risk assessor states that the component affected by an RRPM activity is free of lead-based paint and the owner or firm, or both, conducting the activity has been provided with a copy of the report. Removal of all paint from a component does not exempt the component from the requirements of this section. (Added 1995, No. 165 (Adj. Sess.), § 7; amended 2007, No. 176 (Adj. Sess.), § 31; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2019, No. 4 (Adj. Sess.), § 1, eff. October 21, 2022.)
Under 18 V.S.A. ch. 38 § 1760, all paint in target housing, child-occupied facilities, and certain pre-1978 structures is legally presumed to contain lead unless a licensed inspector has certified in writing that the specific component is lead-free. The law prohibits a defined list of work methods—such as open-flame burning, dry sanding, powered tools, and abrasive blasting—when disturbing paint in these settings, unless the Vermont Department of Health specifically authorizes an exception. A component can only lose its presumed-lead status through a written inspection report from a licensed lead-based paint inspector; simply stripping all paint from a surface does not create an exemption.
Plain English — not legal advice.
Property owners and managers overseeing renovation, repair, or painting activities in covered buildings should be aware that 18 V.S.A. ch. 38 § 1760 presumes all paint to be lead-based until a licensed inspector provides a written clearance report for the specific component involved. Compliant operators typically ensure that any firm or individual performing work on these structures has received a copy of any applicable inspection report before work begins, and that workers avoid the enumerated unsafe methods—including dry scraping, hydro-blasting, and chemical stripping—unless the Department has granted explicit authorization. Maintaining documentation of inspection reports and verifying that contractors follow lead-safe work practice standards adopted by the Commissioner are practices generally associated with compliance under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in target housing or child-occupied facilities are protected by 18 V.S.A. ch. 38 § 1760, which prohibits landlords and contractors from using dangerous paint-disturbing methods that can release lead dust without proper authorization. If renovation or repair work is being performed in your home and you observe practices such as dry sanding, open-flame burning, or abrasive blasting, this provision may be relevant to your situation. Tenants who believe unsafe work practices are occurring may consider contacting the Vermont Department of Health, reaching out to a local tenant-rights organization, or consulting with a legal aid provider to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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