reglab/housing_qa huggingface dataset:
18 V.S.A. § 1760
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices

§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices|(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; 2019, No. 4, § 1.)
18 V.S.A. § 1760a
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1760a. Enforcement; Administrative Order; penalties.

§ 1760a. Enforcement; Administrative Order; penalties.|(a) A person who violates section 1759 of this title commits a civil violation and shall be subject to a civil penalty as set forth in this subsection which shall be enforceable by the Commissioner in the Judicial Bureau pursuant to the provisions of 4 V.S.A. chapter 29.  (1) An owner of rental target housing who fails to comply with subdivisions 1759(b)(1), (2), and (3) of this title by the due date or an owner of a child care facility who fails to comply with subsection 1759(c) of this title by the due date shall pay a civil penalty of not more than $50.00 if the owner comes into compliance within 30 days after the due date; otherwise the owner shall pay a civil penalty of not more than $150.00. (2) An owner who cannot demonstrate by a preponderance of the evidence that essential maintenance practices were performed by the due date shall pay an additional penalty of not more than $250.00.   (b) Nothing in this section shall limit the Commissioner's authority under any other provisions of law. (Added 2007, No. 176 (Adj. Sess.), § 32, eff. Jan. 1, 2010.)
18 V.S.A. § 1761
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1761. Duty of reasonable care; negligence; liability

§ 1761. Duty of reasonable care; negligence; liability|(a) Owners of target housing and owners of child care facilities shall take reasonable care to prevent exposure to, and the creation of, lead hazards. In an action brought under this section, evidence of actions taken or not taken to satisfy the requirements of this chapter, including performing EMP, may be admissible evidence of reasonable care or negligence.(b) Any person who suffers an injury proximately caused by an owner's breach of this duty of reasonable care shall have a cause of action to recover damages and for all other appropriate relief.(c) The owner of target housing or a child care facility shall not be liable to a tenant of the housing or facility in an individual action for habitability under common law or pursuant to 9 V.S.A. chapter 63 or chapter 137, 10 V.S.A. chapter 153, or 12 V.S.A. chapter 169 for injury or other relief claimed to be caused by exposure to lead if, during the relevant time period, the owner is in compliance with section 1759 of this title and any of the following, should they exist:  (1) the conditions of a lead risk assessor's certification, pursuant to Vermont regulations for lead control, that all identified lead hazards have been controlled and the housing or facility has passed an independent dust clearance test; (2) any plan issued pursuant to section 1757 of this title; (3) any assurance of discontinuance, order of the Commissioner, or court order regarding lead hazards.   (d) The immunity under subsection (c) of this section shall not be available if:  (1) there was fraud in the certification process; or (2) the owner violated conditions of the certification; or (3) the owner created lead hazards during renovation, remodeling, maintenance, or repair after the certification; or (4) the owner failed to respond in a timely fashion to notification that lead hazards may have recurred on the premises.   (e) A defendant in an action brought under this section or at common law has a right to seek contribution from any other person who may be responsible, in whole or in part, for the child's blood lead level.(f) Nothing in this section shall be construed to limit the right of the Commissioner or any agency or instrumentality of the State of Vermont to seek remedies available under any other provision of Vermont statutory law. (Added 1995, No. 165 (Adj. Sess.), § 8; amended 2007, No. 176 (Adj. Sess.), § 33.)
18 V.S.A. § 1761
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1761. Duty of reasonable care; negligence; liability

§ 1761. Duty of reasonable care; negligence; liability|(a) An owner of rental target housing or a child care facility or an owner's representative shall take reasonable care to prevent exposure to, and the creation of, lead hazards. In an action brought under this section, evidence of actions taken or not taken to satisfy the requirements of this chapter, including performing RRPM activities, may be admissible evidence of reasonable care or negligence.(b) Any person who suffers an injury proximately caused by an owner's breach of this duty of reasonable care shall have a cause of action to recover damages and for all other appropriate relief.(c) The owner of rental target housing or a child care facility or the owner's representative shall not be liable to a tenant of the housing or facility in an individual action for habitability under common law or pursuant to 9 V.S.A. chapter 63 or chapter 137, 10 V.S.A. chapter 153, or 12 V.S.A. chapter 169 for injury or other relief claimed to be caused by exposure to lead if, during the relevant time period, the owner is in compliance with section 1759 of this chapter and any of the following, should they exist:  (1) the specific recommendations of a lead-based paint risk assessment report provided by a lead-based paint inspector-risk assessor; (2) any plan issued pursuant to section 1757 of this chapter; or (3) any assurance of discontinuance, order of the Commissioner, or court order regarding lead hazards.   (d) The immunity under subsection (c) of this section shall not be available if:  (1) there was fraud in the RRPM compliance statement under section 1759 of this chapter; or (2) the owner or owner's representative did not follow the recommendations of a lead-based paint risk assessment report provided by a licensed lead-based paint inspector-risk assessor; or (3) the owner or owner's representative created or allowed for the creation of lead hazards during renovation, remodeling, maintenance, or repair; or (4) the owner or the owner's representative failed to respond in a timely fashion to notification that lead hazards may have recurred on the premises.   (e) A defendant in an action brought under this section or at common law has a right to seek contribution from any other person who may be responsible, in whole or in part, for the child's blood lead level.(f) Nothing in this section shall be construed to limit the right of the Commissioner or any agency or instrumentality of the State of Vermont to seek remedies available under any other provision of Vermont statutory law. (Added 1995, No. 165 (Adj. Sess.), § 8; amended 2007, No. 176 (Adj. Sess.), § 33; 2017, No. 149 (Adj. Sess.), § 2.)
18 V.S.A. § 1762
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1762. Secured lenders and fiduciaries; liability

§ 1762. Secured lenders and fiduciaries; liability|(a) A person who holds indicia of ownership in rental target housing or a child care facility furnished by the owner or person in lawful possession, for the primary purpose of assuring repayment of a financial obligation and takes full legal title through foreclosure or deed in lieu of foreclosure or otherwise shall not be liable as an owner of the property for injury or loss claimed to be caused by exposure to lead of a child on the premises, provided that, on or before the 120th day after the date of possession, the person:  (1) performs essential maintenance practices as required by section 1759 of this title; and (2) fully discloses to all potential purchasers, operators, or tenants of the property any information in the possession of such person or the person's agents, regarding the presence of lead-based paint hazards or a lead-poisoned child on the property and, upon request, provides copies of all written reports on lead-based paint hazards to potential purchasers, operators, or tenants.   (b) The immunity provided in subsection (a) of this section shall expire 365 days after the secured lender or fiduciary takes full legal title.(c) A person who holds legal title to rental target housing or a child care facility as an executor, administrator, trustee, or the guardian of the estate of the owner and demonstrates that in that fiduciary capacity does not have either the legal authority or the financial resources to fund capital or major property rehabilitation necessary to conduct essential maintenance practices shall not be personally liable as an owner for injury or loss caused by exposure to lead by a child on the premises. However, nothing in this section shall limit the liability of the trust estate for such claims and those claims may be asserted against the trustee as a fiduciary of the trust estate. (Added 1995, No. 165 (Adj. Sess.), § 9.)
18 V.S.A. § 1762
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1762. Secured lenders and fiduciaries; liability

§ 1762. Secured lenders and fiduciaries; liability|(a) A person who holds indicia of ownership in rental target housing or a child care facility furnished by the owner or person in lawful possession, for the primary purpose of assuring repayment of a financial obligation, and who takes full legal title through foreclosure or deed in lieu of foreclosure or otherwise shall not be liable as an owner of the property for injury or loss claimed to be caused by exposure to lead of a child on the premises, provided that, on or before the 120th day after the date of possession, the person:  (1) performs RRPM activities as required by section 1759 of this chapter; and (2) fully discloses to all potential purchasers, operators, or tenants of the property any information in the possession of such person or the person's agents, regarding the presence of lead hazards or a lead-poisoned child on the property and, upon request, provides copies of all written reports on lead hazards to potential purchasers, operators, or tenants.   (b) The immunity provided in subsection (a) of this section shall expire 365 days after the secured lender or fiduciary takes full legal title.(c) A person who holds legal title to rental target housing or a child care facility as an executor, administrator, trustee, or the guardian of the estate of the owner and demonstrates that in that fiduciary capacity the person does not have either the legal authority or the financial resources to fund capital or major property rehabilitation necessary to conduct RRPM activities shall not be personally liable as an owner for injury or loss caused by exposure of a child on the premises to lead. However, nothing in this section shall limit the liability of the trust estate for such claims and those claims may be asserted against the trustee as a fiduciary of the trust estate. (Added 1995, No. 165 (Adj. Sess.), § 9; amended 2017, No. 149 (Adj. Sess.), § 2.)
18 V.S.A. § 1763
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1763. Public financial assistance; rental target housing and child care facilities

§ 1763. Public financial assistance; rental target housing and child care facilities|Every State agency or instrumentality that makes a commitment to provide public financial assistance for the purchase or rehabilitation of rental target housing or child care facilities shall give priority to projects in which the property is lead free, or lead-based paint hazards have been or will be identified and controlled and have passed or will pass an independent dust clearance test that determines that the property contains no lead-contaminated dust prior to occupancy or use. Priority rental target housing projects may include units occupied by severely lead-poisoned children and units in a building that are likely to contain lead-based paint hazards. For purposes of this section, "public financial assistance" means any grant, loan, or allocation of tax credits funded by the State or the federal government, or any of their agencies or instrumentalities. (Added 1995, No. 165 (Adj. Sess.), § 10.)
18 V.S.A. § 1763
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1763. Public financial assistance; rental target housing and child care facilities

§ 1763. Public financial assistance; rental target housing and child care facilities|Every State agency or instrumentality that makes a commitment to provide public financial assistance for the purchase or rehabilitation of rental target housing or child care facilities shall give priority to projects in which the property is exempt pursuant to subsection 1759(e) of this chapter or lead hazards have been or will be identified and controlled and have passed or will pass an independent dust clearance test that determines that the property contains no lead-contaminated dust prior to occupancy or use. Priority rental target housing projects may include units occupied by severely lead-poisoned children and units in a building that are likely to contain lead hazards. As used in this section, "public financial assistance" means any grant, loan, or allocation of tax credits funded by the State or the federal government or any of their agencies or instrumentalities. (Added 1995, No. 165 (Adj. Sess.), § 10; amended 2017, No. 149 (Adj. Sess.), § 2.)
18 V.S.A. § 1764
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1764. Lead inspectors; financial responsibility

§ 1764. Lead inspectors; financial responsibility|The Commissioner may require that a licensee or an applicant for a license under subsection 1752(d) of this title provide evidence of ability to properly indemnify a person who suffers damage from lead-based paint activities such as proof of effective liability insurance coverage or a surety bond in an amount to be determined by the Commissioner which shall not be less than $300,000.00. This section shall not restrict or enlarge the liability of any person under any applicable law. (Added 1995, No. 165 (Adj. Sess.), § 11.)
18 V.S.A. § 1764
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1764. Lead inspectors; financial responsibility

§ 1764. Lead inspectors; financial responsibility|The Commissioner shall require that a licensee or an applicant for a license under subsection 1752(e) of this chapter provide evidence of ability to indemnify properly a person who suffers damage from lead-based paint activities or RRPM activities such as proof of effective liability insurance coverage or a surety bond in an amount to be determined by the Commissioner, which shall not be less than $300,000.00. This section shall not restrict or enlarge the liability of any person under any applicable law. (Added 1995, No. 165 (Adj. Sess.), § 11; amended 2017, No. 149 (Adj. Sess.), § 2.)
18 V.S.A. § 1765
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1765. Liability insurance

§ 1765. Liability insurance|[ Subsection (a) effective until occurrence of contingency; see also contingent amendments to subsection (a) .](a) If the Commissioner of Financial Regulation determines that lead-based paint hazards have substantially diminished the availability of liability insurance for owners of rental property or child care facilities and that a voluntary market assistance plan will not adequately restore availability, the Commissioner shall order liability insurers to provide or continue to provide liability coverage or to participate in any other appropriate remedial program as determined by the Commissioner, provided the prospective insured is otherwise in compliance with the provisions of this chapter.[ Contingent amendments to subsection (a); see also subsection (a) effective until occurrence of contingency .](a) If the Commissioner of Financial Regulation determines that lead hazards have substantially diminished the availability of liability insurance for owners of rental target housing or child care facilities and that a voluntary market assistance plan will not adequately restore availability, the Commissioner shall order liability insurers to provide or continue to provide liability coverage or to participate in any other appropriate remedial program as determined by the Commissioner, provided the prospective insured is otherwise in compliance with the provisions of this chapter.(b) A determination pursuant to subsection (a) of this section shall be made by the Commissioner after a hearing held in accordance with 3 V.S.A. chapter 25. Upon a finding that emergency action is required to protect the public health, safety, or welfare, the Commissioner shall issue an appropriate summary order pending completion of administrative proceedings. No order issued under this section may be stayed pending appeal. (Added 1995, No. 165 (Adj. Sess.), § 12; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2017, No. 149 (Adj. Sess.), § 2.)
18 V.S.A. § 1766
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1766. Enforcement; administrative penalties

§ 1766. Enforcement; administrative penalties|(a) A person who violates this chapter may be subject to an administrative penalty not to exceed $5,000.00 for each determination of a separate violation. If the Commissioner determines that a violation is continuing, each day's continuance may be deemed a separate offense beginning from the date the violator is served with notice of the violation.(b) The Commissioner may use the enforcement powers as set forth in chapter 3 of this title to enforce any violations of this chapter or of any related rules, permits, or orders issued. (Added 2017, No. 149 (Adj. Sess.), § 2.)
18 V.S.A. § 1767
2021 Vermont Statutes|Title 18 - Health|Chapter 38 - Lead Poisoning Prevention|§ 1767. Transfer of ownership of target housing; risk assessment; EMP compliance

§ 1767. Transfer of ownership of target housing; risk assessment; EMP compliance|(a) Prior to the time a purchase and sale agreement for target housing is executed, the seller shall provide the buyer with materials approved by the Commissioner, including a lead paint hazard brochure and materials on other lead hazards in housing. The seller shall also provide a disclosure form that shall include any assurance of discontinuance, administrative order, or court order the terms of which are not completed and, if the property is rental target housing, verification that the EMP have been completed, and that a current EMP compliance statement has been filed with the Department.(b) At the time of sale of target housing, sellers and other transferors shall provide the buyer or transferee with any materials delineated in subsection (a) of this section not previously disclosed and a lead-safe renovation practices packet approved by the Commissioner and shall disclose any assurance of discontinuance, administrative order, or court order not disclosed pursuant to subsection (a) of this section the terms of which are not completed.(c) No sale of rental target housing, building, or unit may occur if the building or unit is currently the subject of an assurance of discontinuance, administrative order, or court order unless the assurance or order is amended in writing to transfer to the buyer or other transferee all remaining obligations under the assurance or order.(d) Prior to the time of sale of rental target housing, the real estate agents, sellers, and other transferors of title shall provide the buyer or transferee with information approved by the Commissioner explaining EMP obligations.(e) A buyer or other transferee of title to rental target housing who has purchased or received a building or unit that is not in full compliance with section 1759 of this title shall bring the target housing into compliance with section 1759 of this title within 60 days after the closing. Within the 60-day period, the buyer or transferee may submit a written request for an extension of time for compliance, which the Commissioner may grant in writing for a stated period of time for good cause only. Failure to comply with this subsection shall result in a mandatory civil penalty.(f) This section shall not apply to target housing that has been certified lead-free.(g) Noncompliance with this section shall not affect marketability of title. (Added 2007, No. 176 (Adj. Sess.), § 34.)