§ 2730 - Definitions - Vermont Statutes

§ 2730. Definitions

(a) As used in this subchapter, "public building" means:

(1)(A) a building owned or occupied by a public utility; hospital; school; house of worship; convalescent center or home for the aged, infirm, or disabled; nursery; kindergarten; or child care;

(B) a building in which two or more persons are employed, or occasionally enter as part of their employment or are entertained, including private clubs and societies;

(C) a cooperative or condominium;

(D) a building in which people rent accommodations, whether overnight or for a longer term;

(E) a restaurant, retail outlet, office or office building, hotel, tent, or other structure for public assembly, including outdoor assembly, such as a grandstand;

(F) a building owned or occupied by the state of Vermont, a county, a municipality, a village, or any public entity, including a school or fire district.

(2) Use of any portion of a building in a manner described in this subsection shall make the entire building a "public building" for purposes of this subsection. For purposes of this subsection, a "person" does not include an individual who is directly related to the employer and who resides in the employment-related building.

(b) The term "public building" does not include:

(1) an owner-occupied single family residence, unless used for a purpose described in subsection (a) of this section;

(2) a family residence registered as a child care home under chapter 35 of Title 33, or specifically exempted from registration by subdivision 3502(b)(1) of Title 33;

(3) farm buildings on a working farm or farms. For purposes of this subchapter and subchapter 3 of this chapter, the term "working farm or farms" means farms with fewer than the equivalent of 10 full-time employees who are not family members and who do not work more than 26 weeks a year. In addition, the term means a farm or farms:

(A) whose owner is actively engaged in farming; or

(B) if the farm or farms are owned by a partnership or a corporation, one which includes at least one partner or principal of the corporation who is actively engaged in farming;

(C) where the farm or farms are leased, the lessee is actively engaged in farming. The term "farming" means:

(i) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops;

(ii) the raising, feeding, or management of livestock, poultry, equines, fish, or bees;

(iii) the production of maple syrup;

(iv) the operation of greenhouses;

(v) the on-site storage, preparation, and sale of agricultural products principally produced on the farm. Notwithstanding this definition of farming, housing provided to farm employees other than family members shall be treated as rental housing and shall be subject to the provisions of this chapter. In addition, any farm building which is open for public tours and for which a fee is charged for those tours shall be considered a public building;

(4) a single family residence with an accessory dwelling unit as permitted under subdivision 4406(4)(D) of Title 24.

(c) For the purpose of this subchapter, subchapter 3 of this chapter, and chapter 4 of Title 21, the words "premises," "building," and "structure," or any part thereof shall mean "public building" as defined in this section.

(d) "Historic building" or "historic structure" means any structure which has been listed in the National Register of Historic Places or the state register of historic properties or which has been determined to be historically significant by the Vermont advisory council on historic preservation or which meets the standards adopted by the division for historic preservation pursuant to subsection 723(a) of Title 22.

(e) The phrase "damage or destroy the historic architectural integrity of the historic building or structure" means to have an undue adverse impact on historically significant features of the historic architectural integrity of the building. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2007, No. 172 (Adj. Sess.), § 5.)