Vermont’s EssentialMaintenance Practices

Training provided by theVermont Department of Health

Asbestos and Lead Regulatory Program

Vermont Department of Health

Agency of Human Services

1-800-439-8550

empcompliance@Vermont.gov

Vermont’s Lead Law

Vermont Law:Title 18, Chapter 38.

Purpose of the law

• To protect people, particularly young children, from lead poisoning.

• To reduce lead paint hazards and lead-contaminated dust caused by deteriorating paint.

When does the law apply?

• All residential rental units and childcare facilities in buildings constructed before 1978 (with some exemptions)

• The law applies, whether or not children currently live at the property.

• Assume lead paint is present• Safely repair deterioration• Protect occupants and workers• Clean at unit turnover, in common areas, and

after all work that disturbs a painted surface

Basic requirements of Vermont’s Lead Law

What does the Vermont Lead Law Require?

• Completion of approved training.

• Assume all paint in pre-1978 housing is lead-based unless tested by a licensed inspector.

• Completing Essential Maintenance Practices (EMPs).

• Filing a yearly compliance statement

What does the Vermont Lead Law require? (continued)

• Posting a notice for tenants to report deteriorated paint.

• Disclosure to tenants: informational pamphlet

• Disclosure to tenants: copies of compliance statements

• Disclosure requirements at sale

Essential Maintenance Practices (EMPs)

• Visual inspection for deteriorated paint• Safe paint stabilization• Window well (trough) liners• Specialized cleaning practices• Prohibited activities/work practices

Training Requirements

• EMPs must be done by someone who has successfully completed this course, or…

• EMP Certificate holders can provide on-site supervision to non-certificate holders completing EMPs.

What Types of Properties or Situations are Exempt?

• A Vermont-licensed lead paint inspector or risk assessor has certified that the property is lead free and the Health Department has issued a letter granting the exemption.

What Types of Properties or Situations are Exempt?

• Zero (0) bedroom dwellings like studio or efficiency apartments unless a child under 6 resides there

What Types of Properties or Situations are Exempt?

• Dwellings located in multiple unit buildings or projects reserved for the exclusive use of the elderly or persons with disabilities, unless a child under 6 resides there.

What Types of Properties or Situations are Exempt?

• Units in hotels, motels, or other lodging, including condominiums that are rented for transient occupancy for 30 days or less.

What Types of Properties or Situations are Exempt?

• Renting out a room in your home unless a child age 6 or younger is present.

Legal Implications

• Establishes ‘standard of care’

• Compliance with the law provides some legal protections for property owners.

• Achieving a higher level of safety (i.e. risk assessment) provides more legal protection.

Limitations of This Course

This training does not qualify individuals for the following:

• Lead Abatement Work• Lead Paint Inspections or Risk Assessments• Paint, Dust or Soil Sampling*• Environmental Protection Agency (EPA)

Renovator (RRP Training)

Health EffectsOf

Lead Poisoning

What is Lead?

• A metallic element with a chemical symbol “Pb” on the periodic chart of elements.

• Does not break down over time.• Has many useful qualities resulting in wide use

by humans for thousands of years.• Toxicity has been recognized for a long time.• Most European countries banned lead paint

for residential uses in the 1920’s. US did not do so until 1978.

Facts about Lead Poisoning

• Affects both adults and children• No obvious symptoms• Affects virtually every system in the body• All cases are preventable• Housing-based hazards are the most common

cause. • There are also secondary sources of lead hazards

No “Safe” Level of Lead

• There is no “safe” level of lead in the human body.• Even small amounts have been shown to cause

damage.• Unlike other heavy metals such as iron and zinc,

the human body has no use for lead.• In most cases, there is no medical treatment to

remove lead from the body. Levels will drop slowly if the source of exposure is removed.

Lead’s Effects on Children

• Damage to the brain and nervous system• Behavior and learning problems • Slowed growth• Hearing problems, headaches• Other non-specific symptoms

Blood Lead Testing

• All Children must be tested at ages 1 and 2

• If at risk, further testing may be appropriate

• Adults should be tested if they believe they have exposure to lead from the workplace or hobbies

2018 Vermont Data

• 77% of 1-year old and 70% of 2 year old children were tested for lead

• 362 of the 1 and 2 year old children tested had elevated blood lead levels

• 420 children under the age of 6 had elevated blood lead levels

How do Children get Lead in Their Bodies?

• Normal hand-to-mouth behaviors of young children contribute to ingestion of lead.

• Ingesting lead-contaminated dust or paint chipsfrom deteriorating paint.

• Ingesting soil contaminated with lead from paint chips or leaded gasoline.

• Inhaling lead dust or fumes.• Children absorb more of the lead they ingest than

adults.

Children with Elevated Blood Lead Levels

• All children’s blood lead levels are reported to the Health Department

• Based on the child’s blood lead level, the Health Department will take action, up to and including an environmental investigation of the child’s home and other places the child spends time.

• The Health Department can require remediation of hazards in rental properties beyond EMP requirements.

Lead’s Effects on Adults

• Nerve disorders, muscle & joint pain• Fatigue, memory and concentration problems.

Loss of sex drive and function• High blood pressure• Digestive problems• Pregnant women can release lead from their

bones which can damage fetus

How do Adults get Lead in Their Bodies?

• Breathe in lead dust• Put their hands or other objects covered with

lead dust in their mouths while eating or drinking

• Working with lead in their occupation or hobbies, such as do-it-yourself renovations, making stained glass, ceramics, auto repair, using firearms

Essential Maintenance Practices (EMPs)

• Visual Inspection of Painted Surfaces• Paint Stabilization if needed• Window Well (Trough) Liners• Special Cleaning Practices• Removal of Paint Chips• Lead Safe Work Practices

Notice to Occupants

• Post, in a prominent location, a notice to occupants emphasizing the importance of promptly reporting deteriorated paint to the owner or owner’s agent

• Post in each apartment, or prominently in a common area used by all tenants

Notice to Occupants

Give to each tenant at the beginning of the lease

Protect your Family From Lead in the Home pamphlet

Visual Inspection

• Perform visual on-site inspection of all interior and exterior painted surfaces and components at the property to which tenants have access

• Identify any deteriorated paint

When do you need to perform a visual inspection of painted

surfaces?

• At least once every 365 days

• At unit turnover

• Upon notice from tenants or others of deteriorated paint

Repairing deteriorated paint

• If one or more square feet of cumulative deterioration is found, it must be repaired within 30 days.

• If exterior deterioration is discovered after November 1st, make repairs by the following May 31st

Tools for ProperWork Site Set-Up

• Barriers & Signs.• Heavy Duty (6 mil) plastic

sheeting• Tape (duct, painters,

masking).• Utility Knife• Tack Mats• Shoe Covers

Tools for ProperWork Site Set-Up

• Misting water bottle• Wet/dry sander• Paper towels/disposable

rags• Heavy duty garbage bags• Spackle• HEPA vacuum

Protective Clothing

Anyone disturbing painted surfaces should take precautions to keep dust and debris off themselves.

• Disposable coveralls & shoe covers• Gloves/painter’s hat• Pre-moistened wipes for cleaning face and hands• Respirators (N-100-rated), disposable or reusable• Use dedicated work shoes

Work Area Integrity• Instruct residents to stay away from work

area; discuss entering and exiting safely• Keep children and pets away from work

area• Place a tack pad at edge of protective

sheeting, lay protective sheeting on frequently used walking paths to outdoors

• Minimize coming and going

Interior Work Site Set-Up• Limit access with tape or other barrier and signs.

Only workers in work area. • No eating, drinking or smoking in work area• Remove resident belongings, cover those that

cannot be moved• Cover floors with 6 mil plastic sheeting at least 5

feet out from immediate work area• Close windows, doors, and heating/cooling vents • Turn off HVAC systems

Paint Stabilization

• Mist surfaces before scraping or sanding• Wet scrape and wet sand• If airborne dust is observed, stop activity and

evaluate method.• Remove dust and debris often using wet methods.• Wipe area with wet disposable towel or rag in

preparation for priming and painting.

Paint Stabilization

• Prime areas of bare wood in stabilized area• Paint area • Stabilized surfaces will quickly deteriorate if

not primed and painted

Interior Paint StabilizationClean Up

• Clean work area with cleaning solution

• Wipe surfaces with disposable rags or paper towels

• Wet mop hard floors

• Use HEPA vacuum on carpets

Exterior Work Site Set-up• Establish work area boundaries with visible

barriers; ideally 20 feet out.• Cover ground with plastic sheeting 10 feet

out if possible. Attach plastic to building foundation or underside of clapboards.

• Close windows and doors within 20 feet.• Establish safe means of entering and exiting

for residents; discuss need to stay out of work area, particularly children and pets.

Other Considerations for Exterior Work

• Exterior paint stabilization should not take place when wind or weather causes dust or debris to escape containment.

• Rain can quickly wash paint chips from plastic sheeting into yard - clean work areas frequently.

• Be aware that on sunny days, grass can be killed in a few hours under plastic (poly) sheeting.

• A cloth tarp underneath plastic can minimize damage to grass and shrubs.

• Never use cloth tarp alone.

Exterior Paint Stabilization

• Use same principles as interior.

• Be aware of external factors:

– Wind, people in work area, keep doors & windows closed.

Clean Up

• Upon completion of work, contain dust and debris in immediate work area

• Remove all visible dust and debris• Wet wipe all adjacent surfaces, tools, shoes, etc.• Use a HEPA-filtered vacuum• Safe and secure disposal

Example of how to block access to exterior deteriorated paint conditions with seasonally

deferred maintenance/repair

Example of how to block access to exterior deteriorated paint conditions with seasonally

deferred maintenance/repair

Removal of VisiblePaint Chips

• At least once every 365 days, property owners should inspect all outdoor areas for paint chips, particularly building perimeter.

• Large chips can be picked up by hand (wear gloves). • Do not rake chips. Raking will break the chips into

smaller pieces and spread them.• A HEPA vacuum may be used, especially in grassy

areas.

Soil Issues

• Soil around the perimeters of old homes is often highly contaminated with lead

• Contamination from exterior paint and gasoline

• Bare soil makes lead accessible to children• Do not grow vegetables in potentially

contaminated soil

Soil Treatments

RECOMMENDATIONS for minimizing exposure to lead contaminated soil:

• Plant grass to cover bare areas• bare areas with mulch, gravel, new soil,

etc., or otherwise limit access• Block children from problem areas with

plantings, fencing, other methods

Cleaning Supplies • Vacuum with HEPA filter• Misting bottle and pump sprayer• Disposable rags or towels• Detergent• Mop with disposable heads• Buckets for soap, rinse water, and

wringing• Heavy duty garbage bags

HEPA Vacuums

• High Efficiency Particulate Air (HEPA) Filter

• Type of air filter that removes 99.97% of particles 0.3 microns or larger.

• Removes all particulates including dust, allergens, pet dander, and lead.

• Helpful for asthmatics, allergy sufferers.

HEPA Vacuums• HEPA filters now available on many vacuum

types.• Overall quality of vacuum will determine

effectiveness.• Pre-filters and good bags will extend life of

HEPA filters.• Caution: bag-less vacuums and shop vacs

will become contaminated in collection chamber.

• Course Manual Page 89 for more info

When is Specialized Cleaning Required?

• Change of Tenant - clean all horizontal surfaces (including floors, trim, tops of doors, sills, shelves, etc., but not ceilings).

• Common Areas –clean all horizontal surfaces at least once every 365 days.

• After any work that disturbs paint - clean all affected surfaces and areas.

Interior Paint StabilizationClean Up

• Pick up large debris.• HEPA vacuum all surfaces, including plastic

sheeting.• Fold up plastic from corners.• Dispose of all waste in doubled garbage

bags.

Cleaning Hard Floors

• Use multiple buckets for detergent and rinse water.

• Change rinse water often.

Change of Tenant Cleaning

• Every time the unit turns over• Top to bottom cleaning of all horizontal

surfaces• HEPA vac, wet wash

Common Area Cleaning

• At least once every 365 days• Top to bottom cleaning of all horizontal

surfaces• HEPA vac, wet wash

After Work Cleaning

• After ANY work that disturbs a painted surface

• Top to bottom cleaning of all horizontal surfaces within work area and 2 feet beyond plastic, more if needed

• HEPA vac and wet wash

Exterior Clean-Up Techniques

• Clean plastic sheeting– Use wet methods to remove any debris or

chips on sheeting– HEPA vacuum sheeting– Fold plastic with dirty side in, seal with duct

tape and dispose of properly

• Visually inspect beyond work area –remove all chips/debris

Don’t take your work home with you

• Workers should wear protective clothing; or change out of work clothes before leaving job site.

• Wash face and hands frequently - helps to reduce hand-to-mouth ingestion of lead dust

• Failure to follow proper precautions can result in contamination of workers’ cars and homes.

• Numerous cases have been documented where children have been exposed to lead from a parent’s contaminated work clothes.

Waste Disposal

• Use heavy duty or doubled garbage bags.• Dispose of wastewater in toilets, not sinks.• Waste generated through EMP activities

can be treated as normal household waste.• Policy guidance from Vermont Agency of

Natural Resources - Waste Management Division (2006) – Course Manual Page 80

Window Well Insert/Liners

• What is a window well insert and what are appropriate materials to use?

• Covering the window well (or trough) with a durable covering that makes it smooth and cleanable.

• Course Manual Page 51

Window Well Liners

• Must be installed in all double-hung wooden windows (unless entire window unit and frame have been replaced post 1978).

• Does not apply to windows with no wells like casement, awning, or slider types.

• Vinyl or aluminum windows are exempt.

Window Well Liners

• A piece of thin sheet metal (usually aluminum coil stock) cut to fit the shape of a window well that is installed with caulking.

• Smooth vinyl flashing or other types of sheet metal may be used, such as sheet copper.

Window Well Liners

• Any vinyl flashing used for window well inserts must be smooth and suitable for exterior use (UV stabilized).

• Steel and other ferrous or galvanized sheet metals are not suitable.

• No: vinyl siding, aluminum foil, or plastic sheeting.

Prohibited Work Practices

Removing Lead-Based Paint by:

• Open flame burning or torching• Heat guns operated at >1100° F• Dry scraping / dry sanding• Machine sanding or grinding

(with or without HEPA exhaust)• Uncontained hydro-blasting or high pressure washing• Abrasive blasting without HEPA exhaust• Use of chemical strippers containing Methylene Chloride

Compliance Statements

An owner or property manager without an EMP Certificate can complete Compliance

Statement if work done by certified individuals.

Compliance Statement

• Documents completion of EMPs.• Must be completed and submitted every 365 days

unless property is proven to be lead free or otherwise exempt.

• Filed with Health Department and copies to insurance carrier and tenants.

• Keep copy for your records.• Child care facilities must also send to Department

for Children & Families.

New Web-Based Compliance Statement Filing System

• Set-up a user account• Enter properties into system

(must be valid E911 address)• Enter name(s) of person(s) doing EMPs• Complete compliance statements for each

property• New statements required every 365 days

Compliance Statement

• Different compliance statement forms for:

1. Rental Properties2. Child Care Facilities

• Providing false information on Compliance Statement is fraud

(g. 129)

Compliance StatementRental Properties

1. Exterior Inspection2. Exterior Stabilization3. Paint Chip Removal4. Interior Common Area Stabilization5. Interior Common Area Cleaning6. Post notice

Compliance StatementRental Properties

7. Interior Inspection/Stabilization8. Window Well Inserts9. Change of Tenant10. Tenant Disclosure

- “Protect Your Family” Pamphlet- Copy of Compliance Statement

11. Signature

Keeping Records

• Remember all records or information about lead paint must be disclosed to tenants and prospective tenants.

• Keep all lead paint information together in a three-ring binder, including compliance statements, inspection sheets, records of repairs, proof of notifications, etc.

Other Applicable Regulations

EPA Renovation, Repair & Painting Rule

• Federal regulation requiring training and licensing of contractors and landlords disturbing lead paint in pre-1978 housing.

• Requires use of safe practices, cleaning verification, and record keeping.

EPA Renovation, Repair & Painting Rule

• Triggers:- >6 square feet of interior paint- >20 square feet of exterior paint

• Responsibilities fall on the contractor or whoever is completing the work (i.e. rental property owners working in their units)

OSHA Lead in Construction Rule

• Applicable any time employees are doing work that potentially exposes them to lead.

• Requires medical monitoring of employees.

• Requires air monitoring to establish appropriate levels of personal protection for employees conducting various tasks.

• Requires written safety programs.

Real Estate Transactions & the Vermont Lead Law

Vermont law requires that sellers of pre-1978 residential real estate provide lead disclosure information and lead education materials to buyers.

http://healthvermont.gov/enviro/lead/RealEstateTransactions.aspx

Federal Disclosure Requirements• Property owners must disclose the likely

presence of lead paint to tenants or potential buyers.

• Any specific reports or documents about lead or lead hazards in the unit must be disclosed.

• Provide “Protect Your Family From Lead” brochure.

REMINDER

This training does NOT qualify individuals to be any of the following:

• Lead Abatement Supervisor or Worker• Lead Paint Inspector or Risk Assessor• EPA-licensed Lead Safe Renovator

Important DistinctionDifference between lead paint inspections

and EMP visual inspections:

• A lead paint inspection is surface-by-surface testing by a licensed lead paint inspector using established protocols to determine if paint is lead-based.

• An EMP visual inspection is looking at painted surfaces to check for deterioration.

Resources

www.LeadSafeVermont.org

- All required forms and documents available for download- Listing of available EPA RRP trainings- More information about federal regulations

www.vhcb.org/lead

- Apply for assistance to control lead paint hazards

www.healthvermont.gov

Manual

• Includes more information and advice on using Lead Safe Work Practices.

• Visual demonstration of window liner installation.

• Intended to be kept and used as a reference guide.

• Includes numerous reference documents and forms in the Appendix, including…

802-863-7220Toll free 800-439-8550

empcompliance@vermont.gov

Asbestos and Lead Regulatory Program