Current through Register No. 40, October 3, 2024
(a)
All lead inspection activities shall be performed by persons licensed in
accordance with He-P 1612.
(b) No
person performing lead inspections, or risk assessments shall:
(1) Perform the lead hazard reduction work on
the dwelling, dwelling unit, or child care facility being inspected or
assessed;
(2) Be paid, employed,
have an interest in, financial or otherwise, direct or indirect, or otherwise
be compensated by the lead abatement contractor, the company for which the lead
abatement contractor is affiliated, or owner-contractor, unless the owner is
acting as an owner-contractor; or
(3) Be the owner of, an employee of the
owner, or have an interest, financial or otherwise, direct or indirect, in the
dwelling, dwelling unit, or child care facility.
(c) All persons conducting risk assessment
and lead inspection work shall comply with:
(1) Standards and requirements set forth in
this part; and
(2) Standards and
requirements set forth in the OSHA Lead in Construction Standard,
29 CFR
1926.62.
(d) A licensed risk assessor or lead
inspector shall develop written inspection procedures containing the following
elements and submit the procedures with an initial application for licensure:
(1) A general description of sampling
protocols including the selection process of components to be
sampled;
(2) Testing methods to be
used to inspect for the presence of lead-based substances according to type of
surface and substrate;
(3)
Procedures to be followed when weather conditions prohibit sampling of soil at
the time of inspection;
(4)
Procedures as described in (3) above shall include soil sampling within 14
calendar days after soil conditions allow for such testing; and
(5) Quality control procedures for all field
measurement and sample collection methods.
(e) A lead inspector or risk assessor who is
conducting an inspection for lead-based substances shall include the following
in the inspection report:
(1) Date of
inspection;
(2) Address of
dwelling, dwelling unit(s), or child care facility;
(3) Date of construction of dwelling,
dwelling unit(s), or child care facility;
(4) Unit number(s), if applicable;
(5) A description of the current use of the
dwelling, dwelling unit(s), or child care facility;
(6) Name, address, and telephone number of
all dwelling, dwelling unit(s), or child care facility owners;
(7) Name, legal and business address,
signature, and license number(s) of each licensed inspector(s) or risk
assessor(s) conducting the inspection;
(8) Name, address, and telephone number of
any company or other person employing the lead inspector(s) or risk assessor(s)
in that capacity;
(9) A schematic
site plan of the area inspected, showing rooms within the dwelling, dwelling
unit, or child care facility and their use, common areas, exterior surfaces and
areas, play areas, and any other relevant structures on the property, including
the locations or written description of any bare soil and dust collection
points;
(10) Specific locations of
each painted component tested for the presence of lead-based paint and each
soil sample collected including a clear designation of whether or not the soil
sample collected was from a child's play area;
(11) Each testing method and device and/or
sampling procedure employed for paint, soil, and dust analysis, including
quality control data and, if used, the manufacturer, model number, and serial
number of any X-ray fluorescent lead analyzer (XRF) device;
(12) If more than one XRF is used to conduct
an inspection, the results of each surface and representative area tested to be
annotated on the report to indicate the specific XRF used for
testing;
(13) The results of the
inspection expressed in terms appropriate to the sampling method used and
identification of all components with coating which meets the definition of
lead based paint;
(14) The location
and condition of any damaged or deteriorated substrate or component that
compromises the effectiveness of the lead hazard reduction technique;
(15) All data collected using on-site testing
devices including calibration check readings;
(16) Name, address, and telephone number of
all laboratories conducting analysis of collected samples;
(17) All results of laboratory analysis on
collected samples including paint, surface coatings, soil, and dust
samples;
(18) When the report is
part of a risk assessment, recommendations regarding the need for additional
testing;
(19) A signed
certification stating, "I hereby certify that sampling and analyses have been
conducted pursuant to
He-P
1608.04 and accurately represents the conditions in
the areas tested on this date";
(20) The written inspection procedures as
required in (d) above; and
(21) A
statement regarding the owner's requirement to disclose lead hazards in
accordance with 40 CFR Part 745.107 .
(f) If an inspector or risk assessor becomes
aware that lead hazard reduction work has not been done in accordance with RSA
130-A or He-P 1600, the inspector or risk assessor shall provide notice to the
department within 24 hours of the discovery via telephone at (603) 271-4507,
fax at (603) 271-3991, e-mail at nhleadprogram@dhhs.nh.gov, or in
writing.
(g) A notice made to the
department in accordance with (f) above, shall include the following
information:
(1) The date the violation
occurred, if known;
(2) The address
where the violation took place;
(3)
The nature of the violation;
(4)
The date the violation was discovered by the person submitting the notice;
and
(5) The name of the individual
that conducted the work, if known.
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by
#7181, eff 12-24-99; amd by #7393, INTERIM, eff 10-28-00, EXPIRED: 4-26-01; 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
