Essential maintenance practices

Attention all property owners and managers: VHFA would like to stress the importance of limiting lead poisoning in all assisted rental housing. To ensure this is done properly, owners and managers must complete Essential Maintenance Practices (EMP) in all rental housing built prior to 1978.

Vermont state law requires you submit an annual Compliance Statement to the Department of Health. Recently, the Vermont Department of Health has been stepping up enforcement of EMP and assessing fees to those that are out of compliance. To help ensure our rental properties are up-to-date with EMP compliance, VHFA will be confirming Compliance Statements have been submitted when we are onsite performing physical inspections and file reviews. Please be prepared to show us evidence this has been completed.

Here's what owners and managers of assisted housing must do to be in compliance with Essential Maintenance Practices:

Lead Paint information for managers of assisted housing

Vermont law requires owners or managers of pre-1978 rental housing to complete Essential Maintenance Practices (EMP's) to reduce the risk of lead poisoning in resident children. The law requires:

  • Owner, manager or maintenance person must complete approved EMP training
  • Annual submission of Compliance Statements to the Department of Health
  • Visual inspections for deteriorated paint at unit turnover and at least annually
  • Installation of window well inserts where appropriate
  • Removal of visible paint chips from the exterior of the property
  • Posting a notice so tenants can promptly report deteriorated paint
  • Repairing deteriorated paint within 30 days using safe practices
  • Use lead safe work practices any time more than 1 SF of paint is disturbed
  • Conduct specialized cleaning at unit turnover and after any work
  • Providing tenants with information about lead paint, including completed Compliance Statements

Exemptions

Certain properties are exempt from the law:

  • Properties built after January 1, 1978
  • Properties determined to be lead-free by a licensed lead paint inspector
  • 0-bedroom dwellings including studios, efficiencies, dormitories, boarding houses, etc.
  • Projects reserved for the exclusive use of the elderly or persons with disabilities unless a child six years of age or younger resides there.
  • Hotels, motels and other lodging rented for 30 days or less.
  • Renting a single room located within a larger dwelling (i.e. boarder).

More information on Vermont's law and other lead paint regulations can be found at: www.LeadSafeVermont.org

The Attorney General's Office has recently noted missing Compliance Statements for many rental properties, including much assisted housing. Property managers and maintenance personnel must insure that they are up to date with EMP compliance and the submission of Compliance Statements to avoid potential enforcement action and/or fines. Please check immediately that you have completed this work and filed the required information with the Vermont Dept. of Health.

Also as of April 22, 2010, the EPA's new Renovation, Repair and Painting Rule applies to any activity that disturbs more than 6 SF of paint on interior surfaces or more than 20 SF on exterior surfaces. More information is available at the web site listed above.