Residential Rental Housing Health & Safety Code

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Residential Rental Housing

Health & Safety Code

EFFECTIVE DATE: December 31

, 2023

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Introduction

Residential fires account for approximately 75% of all fire related fatalities in the United States

with 64% of these fires in One-Two Family Dwellings. On average, a fire department responded

to a fire somewhere in the US every 23 seconds in 2021. A home structure fire was reported

every 93 seconds, a home fire death occurred every three hours and eight minutes, and a home

fire injury occurred every 47 minutes.

Vermont has some of the strongest smoke and carbon monoxide alarm laws in the country

spanning all residential occupancies including single-family owner-occupied homes. Fire

behavior has dramatically changed over the years primarily because of the introduction of

synthetics, plastics, open floor plans, tight construction, and larger fuel content. These few

factors alone contribute to rapid and intense fire and smoke spread, high levels of carbon

monoxide production and extreme temperature rise in your structure. These factors have

significantly reduced your evacuation time to less than 3 minutes compared to 8 minutes 20

years ago. It is critical to have properly installed and maintained smoke alarms and carbon

monoxide alarms in your home or rental property. Properly installed and maintained smoke

alarms increase your chance of surviving a home fire by more than 50%. Residential Home Fire

Sprinkler Systems are the most reliable and passive fire protection technology available today.

Home fire sprinklers contain the fire to the point of origin, reduce the temperature of the fire

so flashover does not occur, fills the gap in time between when a call for help is made and the

fire department arrives and most importantly it saves lives, property and reduces the impact to

our environment.

ACT 181-Rental housing health and safety and affordable housing.

On June 7, 2022, Governor Scott signed into law Act 181 transferring primary responsibility of

Rental Housing Safety from local Health Officers to the Division of Fire Safety. This program is

complaint driven and will allow the Division of Fire Safety to respond to allegations of

unhealthy/unsafe living conditions. The division will establish a network of partners and engage

in public fire safety education to ensure we continue to keep Vermonters safe and healthy

where they live, work and play.

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Vermont Residential Rental Housing Health and Safety Code

Table of Contents

Section Page #

1. Authority of the Rule 4

2. Purpose of the Rules 4

3. Scope of the Rule 4

4. Definitions 4

5. Sanitation Facilities 7

6. Pest and Bedbug Control and Management 9

7. Heating 10

8. Natural and Mechanical Ventilation 11

9. Lighting and Electricity 11

10. Structural Elements 12

11. Mobile Homes on Rented Lots 12

12. General Responsibilities 12

ANNEX A Regional Map 14

ANNEX B How to contact The Division of Fire Safety 15

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1 - Authority

• Act No. 181

• This code is adopted under the authority of 20 V.S.A., Chapter 172

• Vermont Fire and Safety Building Code-2015

2 - Purpose

The purpose of this code is to protect the health, safety, and well-being of the occupants of

rental housing. These rules in combination with the currently adopted Vermont Fire and

Building Safety Code, establishes minimum safety, health and habitability standards that all

residential rental housing in Vermont must conform to. Additional information about these

rules and their application may be obtained from the contact information below:

Division of Fire Safety. 45 State Drive, Waterbury, VT 05671

Telephone: 802-479-7561

Website: www.firesafety.vermont.gov

3 - Scope

3.1 This Rental Housing Health and Safety Code shall apply to all rented dwellings,

dwelling units, rooming houses, rooming units, and mobile home lots used as a

regular residence.

3.2 This code does not apply to a licensed lodging establishment when the

occupancy is subject to meals and rooms tax pursuant to 32 V.S.A. Ch. 225. This

code does not apply to tents or similar structures provided to persons choosing

to live in such shelters as part of what is primarily an educational or experiential

opportunity.

4 - Definitions

4.1 “Common Space” means all interior passageways, hallways, foyers, stairways,

basements, and other rooms in a dwelling or rooming house used or intended

for use by the occupants of more than one dwelling unit or rooming unit.

4.2 “Dwelling” means a rented building or structure, excluding tents or similar

structures used for the express purpose of camping, that is wholly or partly used

or intended to be used as a primary residence for living or sleeping by human

inhabitants. This includes rented mobile homes and “housing provided as a

benefit of farm employment” as defined in 9 V.S.A. § 4469a (a)(3).

4.3 “Dwelling Unit” means a room or group of rooms within a dwelling, or any

dwelling forming a single habitable unit used or intended for use for living,

sleeping, cooking, and eating.

4.4 “Food Residual or Food Scrap” means source separated and uncontaminated

material that is derived from processing or discarding of food and that is

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recyclable, in a manner consistent with 10 V.S.A. § 6605k. Food residual may

include pre-consumer and post-consumer food scraps. "Food residual" does not

mean meat and meat-related products when the food residuals are composted

by a resident on site.

4.5 “Habitable Room” means every room or enclosed floor space, used or intended

to be used for living, sleeping, cooking, or eating purposes excluding bathrooms,

toilet compartments, closets, halls, storage or utility spaces and similar areas.

4.6 “Immediate Family” means a person’s parents, spouse, domestic partner,

children, and siblings.

4.7 “Infestation” means the presence of any pest or bedbug that creates a health

hazard or other risk to the preservation of public health.

4.8 “Local board of health” means the select board or city council, together with the

health officer as provided by 18 V.S.A. §§ 601 and 604.

4.9 “Local Health Officer” means the properly designated and appointed health

officer or health officer as authorized and appointed in accordance with 18 V.S.A.

§ 601.

4.10 “Mobile Home” means a structure or type of manufactured home as defined in

10 V.S.A. § 6201 (1) that is designed for long-term and continuous residential

occupancy.

4.11 “Mobile Home Lot” means any parcel of land not located in a mobile home park

(as defined in 10 V.S.A. § 6201{(2)}) that is leased to a mobile homeowner and

established by the owner of the parcel of land as being the area in which the

leaseholder establishes a property right by way of a lease. This code is not meant

to apply to the rental of a lot in a mobile home park under the jurisdiction of 10

V.S.A. Ch. 153.

4.12 “Occupant” means a tenant and every person or guest entitled to be living and

sleeping in a dwelling, dwelling unit, rooming house, or rooming unit or on the

premises of a rented mobile home lot.

4.13 “Owner” means any person who alone, jointly, or severally with others:

4.13.1 Has legal or equitable title to any premises, dwelling, dwelling unit,

rooming house, rooming unit, or mobile home lot; or

4.13.2 Has charge, care, management or control of any premises, dwelling unit,

rooming house, rooming unit, or mobile home lot; or

4.13.3 Is the landlord or lessor of any premises, dwelling, dwelling unit, rooming

house, rooming unit, or mobile home lot; or

4.13.4 Is the authorized agent of the property owner of any premises, dwelling,

dwelling unit, rooming house, rooming unit, or mobile home lot.

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4.14 “Person” means every individual, corporation, partnership, government,

governmental subdivision or agency, business trust, estate, trust, association,

firm, group or any other legal or commercial entity.

4.15 “Pest” means any unwanted animal, including any insect, that is a potential

vector for human disease and presents a public health threat.

4.16 “Premises” means the buildings, grounds and facilities associated with a

dwelling, dwelling unit, rooming house or rooming unit and the grounds, areas

and facilities associated with a rented mobile home lot that are held out for the

use of occupants generally or whose use is promised to the occupant.

4.17 “Recyclables” means the following source separated materials: aluminum and

steel cans; aluminum foil and aluminum pie plates; glass bottles and jars from

foods and beverages; polyethylene terephthalate (PET) plastic bottles or jugs;

high density polyethylene (HDPE) plastic bottles and jugs; corrugated cardboard;

white and colored paper; newspaper; magazines; catalogues; paper mail and

envelopes; boxboard; and paper bags.

4.18 “Rental Housing” means all dwellings, dwelling units, rooming houses, rooming

units, or mobile home lots let by the owner to one or more persons to be used as

a regular residence.

4.19 “Rooming House” means any dwelling or part thereof containing one or more

rooming units and/or one or more dormitory rooms in which space is let by the

owner or operator to one or more persons who are not immediate family

members of the owner.

4.20 “Rooming Unit” means the room or group of rooms let to an individual or

household for use as living and sleeping, but not for cooking or eating purposes,

whether or not, common cooking facilities are made available.

4.21 “Rodent-proof” means construction, installation, and maintenance which under

foreseeable conditions will prevent the movement of rodents to or from a

dwelling or rooming house, or gaining access to food, water, or any place where

rodents can live, nest or seek shelter. It consists of the closing and keeping

closed of every opening in foundations, basements, cellars, exterior and interior

walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings, and

other places that may be reached and entered by rodents by climbing, burrowing

or other methods.

4.22 “Trash” means combustible and noncombustible waste materials that are not

composted or recycled. This includes any products not included in the definitions

of “Food Residual or Food Scrap” or “Recyclables.”

4.23 “Ventilation” means the adequate supply and removal of air to and from a space

through windows, skylights, doors, grilles, ducts, or mechanical devices.

4.24 “Violation” means any condition in or on the premises of a rented dwelling,

rooming unit, rooming house or rented mobile home lot which fails to meet any

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requirement of this code.

4.25 “Watertight” means so constructed that the structure is substantially

impermeable to water.

4.26 “Weathertight” means so constructed that the structure resists weather and

excludes rain and snow and prevents the infiltration of air.

5 - Sanitation Facilities

5.1 Kitchen Facilities: Every dwelling unit shall contain within the unit space to store,

prepare and serve foods in a sanitary manner, including the presence of a

kitchen sink.

5.2 Bathroom Facilities:

5.2.1 Every dwelling unit shall contain within the unit a flush toilet, sink and

bathtub or shower located in a room or rooms separate from the habitable

rooms and which affords privacy.

5.2.2 Shared Bathroom Facilities: The occupants of not more than two dwelling

units which are located within the same dwelling may share bathroom facilities

under the following circumstances:

5.2.2.1 Neither of the two dwelling units contains more than two

habitable rooms. However, for the purpose of this section, a kitchen with

not more than 60 square feet of floor area is not counted as a room: and

5.2.2.2 The habitable room area of each dwelling unit aggregates not

more than 300 square feet: and

5.2.2.3 The toilet and sink are within a room separate from the

habitable rooms, which affords privacy, and which is accessible to the

occupants of each dwelling unit without going through the dwelling unit

of another person or outside the dwelling; and

5.2.2.4 The bathtub or shower is within a room separate from the

habitable rooms, which affords privacy, and which is accessible to the

occupants of each dwelling unit without going through the dwelling unit

of another person or outside the dwelling.

5.2.3 Rooming Houses:

5.2.3.1 Every rooming house shall be equipped with at least one toilet

and one sink for each 10 persons and one bathtub or shower for each

eight persons or fraction thereof living within the rooming house,

including members of the immediate family of the owner if they share

use of the facilities.

5.2.3.2 Every toilet, sink and bathtub or shower required by this section

shall be located in a room or rooms which: afford privacy and are

separate from the habitable rooms and are accessible from a common

hall without going outside the rooming house and are not more than one

story removed from the rooming unit of any occupant intended to share

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the facilities.

5.3 Non-absorbent Surfaces: The floor and counter surfaces of every bathroom and

kitchen in dwelling units and rooming houses shall be constructed and

maintained to be a smooth, non-corrosive, non-absorbent and waterproof

covering. This shall not prohibit the use of carpeting for floors in kitchens and

bathrooms, or the use of wood for floors in kitchens, provided the following

qualifications are met:

5.3.1 Carpeting must contain a solid, nonabsorbent, water repellent backing

which will prevent the passage of moisture through it to the floor below: and

5.3.2 Wood flooring must have a water-resistant finish and have no cracks to

allow the accumulation of dirt and food, or the harborage of insects.

5.4 Water Supply/Wastewater Disposal:

5.4.1 Supply: Every rented mobile home lot shall have access to, and every

dwelling unit or rooming house shall be connected to a supply of water sufficient

in quantity and pressure to meet the ordinary needs of the occupant(s).

5.4.2 Potable Water: Water provided to a rented mobile home lot and to every

kitchen sink, bathroom sink and bathtub or shower in a dwelling unit or rooming

house shall be from a public water supply system that is monitored and

regulated by the Water Supply Division of the Vermont Department of

Environmental Conservation, or a private supply free from impurities in amounts

sufficient to cause disease or harmful physiological effects as per Vermont

Department of Health testing guidelines for private water supplies. Any health-

based contaminant in a private water supply that is found to be elevated shall be

treated to reduce levels to existing maximum contaminant levels (MCL) or

Vermont Health Advisories where no MCL exists.

5.4.3 Hot Water: Every kitchen sink, lavatory sink, shower, and tub-shower

combination shall be connected with water heating facilities in working order

that are capable of safely heating an adequate yield of water. Shower and tub-

shower combinations must be plumbed to be able to achieve a hot water

temperature greater than or equal to 100°F and remain less than 120°F at the

fixture.

5.4.4 Water Supply Deficiencies: Owners of dwellings, rooming houses and

rented mobile home lots with short-term deficiencies in water quality or

quantity must provide occupants with an alternate, adequate, and accessible

supply of water for drinking and sanitation until a regular source of water is

made available.

5.4.5 Sewage Disposal: Owners of rented mobile home lots shall provide hook-

up to and owners of all dwellings and rooming houses shall connect all kitchen

sinks, toilets, bathroom sinks, bathtubs, showers, washing machines and

dishwashers to a public sewage system if available, or to a properly operating

subsurface wastewater disposal system. Each wastewater disposal system shall

be operated so that sewage does not back up into the dwelling, flow to the

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ground surface or directly into surface water.

5.4.6 Plumbing Connections: All plumbing systems shall be maintained in good

repair.

5.5 Sanitary Conditions for Trash, Recyclables, and Food Scraps:

5.5.1 Facilities:

5.5.1.1 Trash, recyclables, and food scraps that are placed outside a

dwelling or rooming house shall be stored in durable, cleanable

receptacles. Receptacles for trash and food scrapes shall also be

watertight and have properly fitting covers.

5.5.1.2 The owner of any dwelling or rooming house shall provide and

maintain appropriate receptacles for the removal of trash, recyclables,

and food scraps in accordance with 10 V.S.A. Ch. 159.

5.5.2 Collection of trash, recyclables, and food scraps:

5.5.2.1 The owner of any dwelling or rooming house shall assure that

arrangements are made for the removal of trash, recyclables, and food

scraps in accordance with 10 V.S.A. Ch. 159.

5.5.2.2 Trash, recyclables, and food scraps shall be removed from

dwellings and rooming houses as often as is necessary to maintain a

sanitary structure, not less than once every week.

5.5.3 Responsibilities:

5.5.3.1 Owner Responsibilities: The owner of every dwelling or rooming

house shall be responsible for maintaining in a clean and sanitary

condition free of trash, recyclables, and food scraps all common areas as

well as any other part of the premises not used as a dwelling space.

5.5.3.2 Occupant Responsibilities: The occupant of every dwelling unit

or rooming unit shall be responsible for maintaining in a clean and

sanitary condition and free of trash, recyclables, and food scraps that part

of the premises which he or she exclusively occupies.

6 - Pest and Bedbug Control and Management

6.1 Owner Responsibilities:

6.1.1 The owner of a dwelling shall maintain all common spaces free from

infestation.

6.1.2 The owner of a dwelling shall be responsible for extermination of

infestation in all common spaces.

6.1.3 The owner of a dwelling shall be responsible for extermination of any

infestation in any dwelling unit when infestation in a dwelling unit is

caused by his or her failure to maintain the dwelling or infestation exists

in two or more of the dwelling units in any dwelling.

6.1.4 The owner of a rooming house shall maintain all rooming units and

common spaces free from infestation and shall be responsible for

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extermination.

6.2 Occupant Responsibilities: The occupant of each dwelling unit shall maintain

that part of the dwelling he or she exclusively occupies free from infestation and

shall be responsible for extermination when the infestation is caused by his or

her failure to maintain the dwelling unit except as provided for in Section 6.1.3.

6.3 Extermination of Pest Animals and Bedbugs: Extermination shall be

accomplished by eliminating the harborage place of pests and bedbugs, by

removing or making inaccessible materials that may serve as their food or

breeding ground and by treatments including but not limited to poisoning,

spraying, fumigating, heat treating, or trapping.

7 - Heating Heating facilities/systems in all residential rental dwelling units and rooming

houses shall meet the following standards:

7.1 Heating facilities/systems shall be provided when the outside temperature is less

than 55°F(13°C).

7.2 Heating facilities/systems shall be properly functioning and in good repair.

7.3 Heating facilities/systems shall be able to maintain a room temperature of at

least 65°F (18°C) in all habitable rooms, kitchens, and bathrooms. The

maintenance of required heating levels shall be accomplished without

overheating one room as a means of meeting minimum heating requirements

for adjacent rooms. The temperature may be read, and the requirement shall

be met at a point three feet above floor level and three feet from an exterior

wall.

7.4 Heating facilities/systems shall be vented to the outside of the building. Un-

vented fuel fired space heaters are prohibited in all residential rental dwelling

units or rooming houses.

7.5 Every owner who provides heat as part of the rental agreement to occupants of

dwelling units or rooming units shall always maintain the provided heat to all

habitable rooms, kitchens, and bathrooms when the outside temperature is less

than 55°F (13°C).

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8 - Natural and Mechanical Ventilation

8.1 To ensure the health and safety of the occupants, the owner of residential rental

dwelling units and rooming houses shall provide ventilation to the outdoors as

follows, so as to not endanger the health and safety of the occupants:

8.1.1 Every habitable room shall include at least one window or door in good

repair located on an outside wall that is capable of being opened to admit fresh

air.

8.1.2 Screens shall be provided for all operable windows and for doors that are

providing ventilation when a window is not available. All screens shall be

maintained in good repair and be free from tears, holes, or other imperfections

of either screen or frame that would admit insects such as flies or mosquitoes.

8.1.3 All hallways and stairways in common spaces shall be adequately

ventilated.

8.1.4 Every bath, toilet or shower room shall be ventilated by direct access with

the external air either by window, airshaft, or ventilation fan. If a ventilation fan

is used, it shall be vented directly to the exterior of the building and be of

sufficient size to prevent the buildup of moisture.

8.1.5 All clothing dryers shall be vented directly to the exterior of the building.

8.2 Use of vaporizers/humidifiers: Vaporizers/humidifiers shall not be used by

dwelling or rooming house occupants or owners in such ways that cause an

elevated relative humidity (Above 60%), promoting the growth of

microorganisms and visible mold.

9 - Lighting and Electricity

9.1 Every habitable room in a dwelling unit or rooming house other than a kitchen

shall contain at least two duplex electrical outlets or one duplex electrical outlet

and one electrical light fixture.

9.2 Every kitchen in a dwelling unit or rooming house shall contain at least one

electric light fixture and two duplex electrical outlets.

9.3 Every other room in a dwelling unit or rooming house shall contain at least one

electric light fixture.

9.4 All building entrances in dwellings or rooming houses and all common areas in

rooming houses or dwellings containing two or more dwelling units shall be

adequately lighted to provide for safe and reasonable use and safe access and

egress to and from the building.

9.5 All electrical systems in dwellings, rooming houses and on rented mobile home

lots shall be maintained in safe working condition.

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10 - Structural Elements

10.1 Every owner of a dwelling or rooming house shall provide and maintain the

foundation, floors, walls, doors, windows, ceilings, roof, staircases, chimneys and

other structural elements of his or her dwelling, dwelling unit, rooming house, or

rooming unit so that it is weathertight, watertight, rodent proof and in good

repair.

10.2 Every occupant of a dwelling or rooming house shall exercise reasonable care in

the use of the structural elements of the building to maintain it in good working

condition.

10.3 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.

11 - Mobile Homes on Rented Lots

11.1 It shall be the responsibility of the owner of a rented mobile home lot to provide

connection to electrical services, water supply and sewage disposal to a location

on each lot from which these services can be connected to the mobile home.

11.1.1 Electrical Services: The mobile home lot owner is responsible for

installation and maintenance of the electrical service to the main electrical panel

in the home.

11.1.2 Water Supply: The mobile home lot owner is responsible for the

maintenance of water lines to a point at which the lines surface under the

mobile home.

11.1.3 Sewage Disposal: The mobile home lot owner is responsible for the

maintenance of the sewage disposal system to the point where it surfaces from

the ground to service the mobile home.

12 - General Responsibilities

12.1 Owners:

12.1.1 No owner shall let to another for occupancy any dwelling, dwelling unit,

rooming house, rooming unit or mobile home lot which does not comply with

the requirements of this code. It shall be the responsibility of the owner to

maintain all premises in compliance with this code.

12.1.2 No owner shall cause any water, sewer, equipment, or utility which is

required by this regulation to be removed, shut off or discontinued for any

occupied dwelling, dwelling unit, rooming house, rooming unit, or mobile home

lot except for such temporary interruption as may be necessary while actual

repairs or alterations are in process or during temporary emergencies.

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12.1.3 No rental agreement containing any provision purporting to transfer

responsibilities between owner and occupant other than as imposed herein,

shall be effective for the purposes of this code.

12.2 Occupants:

12.2.1 No occupant shall use or occupy his or her dwelling unit, rooming unit or

rented mobile home lot in such a way as to cause non-compliance with this code.

12.2.2 Every occupant shall exercise reasonable care in the use of his or her

dwelling unit, rooming unit or rented mobile home lot and shall maintain it in

such a manner that it does not create a health hazard for his or her neighbors.

12.3 Existing structures and premises that do not comply with the provisions of this

code shall be altered or repaired to achieve compliance in accordance with this

code and the currently adopted Vermont Fire & Building Safety Code.

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ANNEX IV – HOW TO CONTACT THE DIVISION OF FIRE SAFETY

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The Division of Fire Safety has four regional offices:

Waterbury:

45 State Drive

Waterbury, VT 05676

Main Phone: (802) 479-4434

Toll Free: (888) 870-7888

Fax: (802) 479-4446

Rutland:

56 Howe St. Building A, Suite 200

Rutland, VT 05701

Main Phone: (802) 786-5867

Toll Free: (888) 370-4834

Fax: (802) 768-5872

Springfield:

100 Mineral St. Suite 307

Springfield, VT 05156

Main Phone: (802)-216-0500

Fax: (802) 216-0511

Williston:

380 Hurricane Lane Suite 101

Williston, VT 05495

Main Phone: (802) 879-2300

Toll Free: (800) 366-8325

Fax: (802) 879-2312

The Division of Fire Safety Central Office is:

45 State Drive, Waterbury, VT 05676

Main Phone: (802) 479-7561

Toll Free: (800) 640-2106

Fax: (802) 479-7562