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 1605.02 - Extension Requests

Universal Citation: NH Admin Rules He-P 1605.02

Current through Register No. 40, October 3, 2024

(a) Any owner who has received an order of lead hazard reduction pursuant to RSA 130-A:7, II, may request an extension of the time period for lead hazard reduction as stated in the order by completing and submitting to the department at least 5 business days prior to the expiration of the time frame of the order an "Extension Request Form" (May 2020) certifying the following:

"I certify that I have read, understand, and agree to comply with the New Hampshire Lead Poisoning Prevention Rules (He-P 1600) and the Lead Poisoning Prevention Statute (RSA 130-A). I further certify that all information contained herein, including any supplements attached, is true and correct to the best of my knowledge and belief."

(b) Upon submission and review of the "Extension Request Form" the commissioner shall extend the time period for lead hazard reduction in accordance with RSA 130-A:7, II(c), upon making the determination that the owner or owner's agent has:

(1) Provided the department with a completed "Extension Request Form" at least 5 business days prior to the expiration of the order;

(2) Good cause, as defined in He-P 1602.01(ab), for not completing lead hazard reduction work within the time frame ordered;

(3) No outstanding administrative fines or court sanctions issued pursuant to RSA 130-A or He-P 1600; and

(4) Provided the department with evidence of forward progress toward bringing the property into compliance such as:
a. A risk assessment conducted by a licensed risk assessor;

b. A work scope and occupant protection plan developed by a licensed risk assessor or lead abatement supervisor;

c. A "Notification of Work Form" (May 2020) indicating abatement work start and end dates; or

d. Proof of enrollment in a HUD grant program with timeline for completion of a risk assessment and abatement.

(c) Extensions of time for lead hazard reduction granted by the commissioner in accordance with this section shall be in writing and set forth the department's findings and conditions for granting the extension.

(d) If, upon completion of the time period stated in the order, or an extended time period approved by the commissioner, the owner has not complied with the order, the department shall impose an administrative fine in accordance with He-P 1606 or seek injunctive relief in accordance with RSA 130-A:17.

(e) The commissioner shall deny a request for extension or revoke an extension already granted when it is found that:

(1) The owner is in violation of or noncompliant with one or more provisions of RSA 130-A or He-P 1600;

(2) The request for extension does not meet the criteria in (b) above; or

(3) The order for abatement is the result of the owner's failure to maintain a current certificate of lead safe- interim controls in accordance with He-P 1610.06.

(f) If an extension request is denied or revoked by the commissioner, the denial or revocation shall be:

(1) In writing and set forth the department's reasons for denying or revoking the extension based on this section; and

(2) Sent by certified mail or another form of delivery that provides confirmation that the denial or revocation was delivered.

(g) If, upon completion of the extension of time, the owner or owner's agent requires additional time to comply with the order, a new request shall be submitted and reviewed in accordance with this section.

#5920, eff 1-1-95; amd 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 #9057, INTERIM, eff 1-3-08, EXPIRED: 7-1-08

New. #9210, eff 7-19-08; ss by #9986, eff 9-1-11 (from He-P 1613.03)

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