Current through Register No. 40, October 3, 2024
(a) In
accordance with
RSA 130-A:5,
I, investigations shall include environmental
inspections of dwellings, dwelling units, or of any child care facility, and
testing environmental samples.
(b)
Once the commissioner has notified an owner that an environmental inspection is
to be conducted, the owner or owner's agent shall:
(1) Not re-rent any dwelling or dwelling unit
included in the notification that is vacant or becomes vacant until such time
as the inspection(s), as detailed in (c) through (e) below, have been:
a. Conducted;
b. The owner receives a written report from
the commissioner; and
c. Has
satisfied any order(s) issued on the dwelling or dwelling unit;
(2) Not perform any remodeling,
renovating, maintenance, lead hazard reduction work, or any other dust-
generating activity until such time as the inspection(s), as detailed in (c)
through (e) below, have been:
a.
Conducted;
b. The owner receives a
written report from the commissioner; and
c. The activity follows any order(s) issued
on the dwelling or dwelling unit ; and
(3) Complete and submit to the department a
"Tenant Roster Form" (May 2020) at least 24 hours prior to the environmental
inspection.
(c) In
addition to the procedures set forth in
RSA 130-A:6, the
commissioner shall carry out the following procedures when conducting
environmental inspections of dwellings or dwelling units where children have
elevated blood lead levels as defined in
RSA 130-A:5:
(1) Contact the child's parent or guardian to
schedule the investigation;
(2)
Arrange access for an environmental inspection with the owner or owner's
agent;
(3) Collect the "Tenant
Roster Form" (May 2020) from the owner or owner's agent;
(4) Test representative painted or varnished
interior or exterior building surfaces, and collect water, soil, and dust
samples, if applicable, corresponding with the dwelling that the child occupies
or occupied when he or she was tested for lead exposure;
(5) Record all test results and note whether
each identified lead-based substance constitutes a lead exposure
hazard;
(6) Record the presence of
chewed woodwork, including toys and furniture;
(7) Take representative photographs, if
applicable, of areas where there is visual presence of chipping, peeling, or
flaking paint;
(8) Request
assistance from a parent or guardian in identifying a child's potential lead
exposure, that shall include, but not be limited to, the following information:
a. A description of the child's habits that
might increase risk of lead exposure;
b. Possible exposure to other sources of
lead, such as lead in pottery and parental occupations and hobbies;
c. Previous addresses and length of
residence;
d. A description of
other dwellings, dwelling units, and child care facilities in which the child
spends time;
e. Recent renovations
which might have disturbed lead-painted surfaces; and
f. Any other information that may help
identify potential sources of a child's lead exposure; and
(9) Obtain relevant information in accordance
with this section.
(d)
If a lead exposure hazard is determined to exist during the environmental
inspection in (c) above, the commissioner shall conduct inspections of all
other dwelling units of the dwelling, as applicable, as part of the
investigation to include the following:
(1)
All dwelling units disclosed on the "Tenant Roster Form" (May 2020) occupied by
a child;
(2) All dwelling units
disclosed on the "Tenant Roster Form" (May 2020) occupied by a pregnant
woman;
(3) All dwelling units for
which a "Tenant Roster Form" (May 2020) was not received by the department at
least 24 hours prior to the inspection, as required by He-P 1604.03(b)(3), and
assumed to be occupied by a child or pregnant woman;
(4) All dwelling units for which the
occupancy status is unknown at the time of the inspection and assumed to be
occupied by a child or pregnant woman;
(5) All dwelling units where evidence of
being occupied by a child or pregnant woman is discovered during the inspection
including discussions with tenants, presence of toys, and other visual or
hearing cues; and
(6) All other
dwelling units which the property owner has expressly requested to be
inspected.
(e)
Inspections conducted, as part of the investigation, in accordance with (d)
above shall include the following:
(1) Arrange
access for environmental inspections with the owner or owner's agent;
(2) Record the resident names and contact
information;
(3) Test
representative painted or varnished surfaces for the presence of lead-based
substances;
(4) Record all test
results and note whether each identified lead-based substance constitutes a
lead exposure hazard;
(5) Record
the presence of chewed woodwork, including toys and furniture;
(6) Record recent renovations, which might
have disturbed lead-painted surfaces;
(7) Take representative photographs, if
applicable, of areas where there is visual presence of chipping, peeling, or
flaking paint; and
(8) Other
activities conducted and documented to determine the presence of a
lead-exposure hazard.
#5920, eff 1-1-95; ss by #7181, eff 12-24-99; ss by
#7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by
#9986, eff 9-1-11
