Permitting and Inspections assigned this issue to MPerry

Is a permit required for lead paint removal/a atement?

A permit is not required.
Email sent to the owner informing him of his contractors failure to follow the lead paint regulations and to require clean up.

An email? For not adhering to a city ordinance? Why not a fine? Will this continue to be monitored to ensure that the contractor follows safe practices? I have a small child and live in the area - I don't want lead dust wafting into my apartment.

In general we seek voluntary compliance, when a property owner fails to correct the problem after being given a chance then fines and re inspection fees are appropriate. Each situation is different. This particular property will be monitored to ensure compliance with the lead safe work practices.

Totally agree with Haidee. If no permit required, AND NO FINE, ask Council to change that! Contractor knows better than to do this in Burlington. Contact the Mayor, your City Councilors and your NPA. Lead paint harms children and animals for life. Need followup info. Do not close.

Voluntary? Given the serious risk to children and animals, voluntary is not good enough. When I think of innocuous things that are managed with permits and fines, voluntary for lead paint removal is ludicrous. One needs a permit to build an enclosure for a trashcan, a 4x4 deck, ... Children in Burlington test high for lead poisoning!

Mperry, when paint is being removed, why weren't you there before SCF report?

Slum lords will not voluntarily do anything. This is ridiculous. Please follow up. In person. With a violation. This is our health. There are 14 kids just around the north corner and dozens more on the south side of the house. There are young kids living IN the darn house.

PLEASE get on this. Email is a joke.

Code needs stronger ordinance, permit requirement, enforcement powers and penalties. We must ask mayor and council to act. School data tells us that low income children don't do as well in school. Well lead poisoning affects the brain. Burlington has know this for decades, and failure to remove the known health hazard is institutional child endangerment.

Over time, even low levels of lead exposure can harm a child's mental development. The health problems get worse as the level of lead in the blood gets higher.

Lead is much more harmful to children than adults because it can affect children's developing nerves and brains. The younger the child, the more harmful lead can be. Unborn children are the most vulnerable.

Possible complications include:

Behavior or attention problems Failure at school Hearing problems Kidney damage Reduced IQ Slowed body growth

I have been to this property 4 times in the last two days, The violation is paint chips on the ground. Approximately 85-90% of the chips have been removed. The building is clearly being prepped for painting which is planned for this weekend. The owner has been made aware of his responsibilities and that I expect all visible paint chips be removed at the end of the job. I will be following up on Monday morning.

Scraping and painting is considered an interim control and unlike lead abatement, does not require any permits. However Federal, State and City Laws require that certified individuals perform the work using lead-safe work practices. Concerns are clearly justified, but unfortunately City staff are limited with what can be done after the fact and in this situation a realistic expectation would be that the area be cleaned, free from visible chips and lead-safe work practices be adhered to moving forward.

The City of Burlington takes Lead Safety very seriously and we are only one of a handful of cities in the country that has a Lead Safety Ordinance. Code Enforcement works closely with the Burlington Lead Program and devotes a lot of staff time dealing with lead issues, but their authority is limited. A well educated public is the best defense against these types of situations and if you feel the ordinance needs strenghtening, I would urge you to speak with your city councilors about it. In the meantime, please continue to report violations to the Code Enforcement Office for a timely resolution.

Has the party performing the work, if different than the property owner, been contacted and informed about this violation? Does this party have the proper credentials? If they do have credentials, will they be revoked?

If permit required, contractor and property owner would have to verify that work will be done safely, in advance. Cleanup after the fact is bandaid approach, out of sight out of mind, and hazard remains. City inspector would not learn of possible violation from SeeClickFix. Time for residents to take petitions to City Council and Mayor. Friends of Education, put your time, money, and energy into THIS.

It's my understanding that contractors who violate the EPA's Lead Safe work regulations can be subject to huge fines.

Since this string started, I have heard many different ideas about what is required, including the idea that a permit IS required but Code Office relies on voluntary compliance. A neighbor told me his contractor had to get a permit to repaint the windows frames of their house, no scraping required. The city website. includes the stat that 70% of housing stock is old, presumably with hazardous lead paint, but no mention of how children in Burlington are testing for lead levels. Low income and refugee resettled children are blamed (yes, blamed!) for dragging down bsdvt academic test scores, but many are living in that old housing stock where lead paint is a hazard, and has been known to be a hazard for 30 years. Putting the blame on parents for not preventing children's contact with lead is wrong, especially if the landlord's compliance with regulations is voluntary. The mayor should be ashamed to put his smiling face on the Lead Program web page, but then maybe he is not aware of how things are. http://www.burlingtonvt.gov/CEDO/LeadProgram

Will it take a FOIA request to get children's lead levels in Burlington? Are the tests current?

This building has been repainted, there were no paint chips visible at the time of inspection today. Closing this complaint.

Issue Closed

Uh huh. This case may be closed, but I want to see current reports on lead levels of Burlington children so we can measure improvement.

Children's blood lead screening is the responsibility of the Dept of Health. The results are public information that should be made available upon request. Please feel free to contact your State Representative to ask why testing rates are so low throughout the State and what can be done to improvethem. Testing for 3,4,5,& 6 year/olds is practically non-existent.

To clarify- in a situation like this, the Lead Safety Ordinance, among other things, gives Code Enforcement the ability to stop unsafe work practices. The City is limited with what can be done after the fact.

Painting is an unpermitted activity, so the City has no idea what buildings will be painted or who will do the work. In VT, if painting is being done on a pre-1978 rental building, both the State of VT Essential Maintenance Practices Law (EMP) & the Federal Renovate, Repair & Painting Rule (RRP) apply. Both these laws require, among other things, the use of Lead-Safe Work Practices.

The VT Dept of Health can enforce the EMP Law. The EPA can enforce the RRP Rule. The City of Burlington does not have the authority to enforce either of these laws, but the ordinance allows them to stop unsafe work until the workers 'voluntarily' get themselves in order. I recognize that there are subtleties at play here, but this is the reality of the City's authority.

If you see unsafe work practices, contact the Code Enforcement Office or the Lead Program and the situation will be quickly assessed and dealt with, under the authority the City has. The Health Dept can be contacted for compliance with the EMP Law and the EPA can be contacted for compliance with the RRP Rule. Please speak with your local, state or federal representatives if you feel changes need to be made to the existing laws.