New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1600 - LEAD POISONING PREVENTION AND CONTROL
Part He-P 1605 - ORDERS OF LEAD HAZARD REDUCTION
Section He-P 1605.01 - Issuance of Orders of Lead Hazard Reduction

Universal Citation: NH Admin Rules He-P 1605.01

Current through Register No. 40, October 3, 2024

(a) In accordance with RSA 130-A:6 and RSA 130-A:7, the commissioner shall issue an order of lead hazard reduction to an owner when an investigation performed in accordance with He-P 1604 determines that:

(1) A lead exposure hazard as defined in RSA 130-A:1, XVI(a), (b), or (c), exists at a dwelling, dwelling unit, or child care facility; or

(2) A lead exposure hazard as defined in RSA 130-A:1, XVI(d), exists in:

a. Bare soil in a child's play area; or

b. Any areas where the following combination of soil conditions exists:

1. The total surface area of the bare soil, as defined in He-P 1602.01(c), is equal to or greater than one square yard or 9 square feet; and

2. The soil is located in one or more of the following areas:

(i) Drip line/foundation area;

(ii) Bare pathways; or

(iii) Pet areas.

(b) When an investigation performed in accordance with He-P 1604 does not include testing of any or all of the bare soil, an order of lead hazard reduction shall assume that a lead exposure hazard, as defined in RSA 130-A:1, XVI(d), exists unless analysis in accordance with He-P 1608.04(b) proves otherwise.

(1) Include all information as set forth in RSA 130-A:7, II(a)-(e);

(2) Be sent to the owner by certified mail or another form of delivery that provides confirmation that the order was delivered;

(3) Be accompanied by a copy of relevant portions of RSA 130-A and He-P 1600, as applicable;

(4) Set forth corrective action; and

(5) Be sent by mail to the occupant(s) of the dwelling or dwelling unit via the United States Postal Services (USPS).

(d) If requested by an occupant of the dwelling or the guardian of a child attending the child care facility, the owner shall provide a copy of any order of lead hazard reduction issued on the property to the occupant or guardian within 10 business days of the request.

(e) The owner shall disclose, in writing, the existence of an order of lead hazard reduction prior to the sale, lease, rental, or transfer of interest in the dwelling, dwelling unit, or child care facility.

(f) In accordance with RSA 130-A:6, I and II, the commissioner shall notify all occupants of the dwelling, dwelling unit, or child care facility of lead exposure hazard findings in common areas.

(g) The owner shall notify the commissioner of any address change and any change of mailing address of the owner.

(h) It is the responsibility of the owner to notify the commissioner of any change in ownership.

#5920, eff 1-1-95; ss by #6096, eff 9-22-95; 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 (from He-P 1613.02 )

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