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 1605.04 - Compliance Inspections
Universal Citation: NH Admin Rules He-P 1605.04
Current through Register No. 40, October 3, 2024
(a) The commissioner shall conduct compliance inspections to verify compliance with the requirements of RSA 130-A and He-P 1600.
(b) When conducting compliance inspections, the commissioner shall use the following procedures:
(1) Obtain written permission from the
property owner or agent by the property owner or agent's submission of the
"Notification of Work Form" (May 2020);
(2) Upon request, present credentials
indicating the authority to conduct such inspections;
(3) Inspect the dwelling, dwelling unit, or
child care facility to determine compliance with He-P 1600;
(4) Obtain representative samples of surface
coatings, fixtures, soils, or other materials when it is necessary to determine
the presence of lead-based substances or a lead exposure hazard;
(5) Take photographs, if necessary, to
document the inspection or lead hazard reduction work; and
(6) Inspect and, if necessary, obtain a copy
of any lead inspection reports, records of employee licensure or certification,
or other documents required under RSA 130-A or He-P 1600.
(c) After completing a compliance inspection, the commissioner shall:
(1) Prepare a written
report detailing the findings of the inspection that contains the following
information:
a. The date of the compliance
inspection;
b. The name of the
owner, agent, tenant, lead abatement contractor, lead abatement supervisor,
lead inspector, lead risk assessor, or person(s) conducting the lead hazard
reduction work to whom credentials were presented, educational program manager,
or laboratory director;
c. The name
of the department staff conducting the compliance inspection;
d. Findings of the compliance
inspection;
e. Results of any
testing or analysis conducted on collected samples; and
f. Any other pertinent findings related to
the inspection;
(2)
Maintain the report on file for a period of 4 years;
(3) Provide copies of the report, upon
request, to relevant parties including:
a. The
owner or owner's agent;
b. The
dwelling manager;
c. The operator
of the child care facility;
d. The
occupant;
e. The lead risk assessor
or lead inspector;
f. The lead
abatement contractor;
g. The
laboratory director;
h. The
training manager; or
i. Any other
relevant party; and
(4)
If necessary, pursue enforcement actions as authorized under RSA 130-A and He-P
1600.
#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 #9986, eff 9-1-11 (from He-P 1613.05 )
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