State Laws Addressing Radon, Mold and Secondhand Smoke
Vermont health law authorizes the promulgation of regulations to preserve the public health. 18 Vt. Stat. §102. Pursuant to this authority the Department of Health has by regulation adopted a Rental Housing Health Code, which sets forth minimum health and habitability standards that all residential rental housing in Vermont must meet. Code Vt. Rules §§13-140-31 et seq.
Maintenance of Structural Elements. The Rental Housing Health Code requires, among other things, that owners provide and maintain the structural elements of a dwelling to be weathertight, watertight, and in good repair. The code specifically provides: “Every dwelling, dwelling unit, rooming house or rooming unit shall be maintained to be free from the regular or periodic appearance of standing water or excessive moisture which may result in visible mold growth.” Code of Vt. Rules § 13-140-031 (sec. 8).
Remedies/Enforcement. The Rental Housing Health Code is enforced by local health officials, who receive complaints, conduct inspections, and issue orders. Violations are subject to penalties established under state health law.