Current through Register No. 40, October 3, 2024
(a) Until a
clearance inspection has been completed and the dwelling, dwelling unit, or
child care facility has been found to meet the criteria set forth in
He-P
1608.12, the lead abatement contractor,
owner-contractor, lead abatement supervisor, or any person(s) granted a
variance by the commissioner shall:
(1) Make
certain that all occupants have been relocated outside the work area in
accordance with the occupant protection plan and the United States Department
of Housing and Urban Development (HUD) "Guidelines for the Evaluation and
Control of Lead-Based Paint Hazards in Housing", (2012 Edition) available as
noted in Appendix A; and
(2) Limit
access and entry into any lead containment area to the following:
a. The owner of the property where the lead
hazard reduction work is occurring, or the owner's designee;
b. Licensed or certified lead
professionals;
c. Any federal,
state, or local official with jurisdiction over one or more of the activities
within the work area; and
d.
Non-licensed or non-certified workers only after a preliminary clearance
inspection has been obtained as described in
He-P
1608.12(a)-(e).
(b) The lead abatement contractor,
owner-contractor, lead abatement supervisor, or any person(s) granted a
variance by the commissioner shall maintain an access control log for persons
who have entered any lead hazard reduction work area as allowed in (a)(2)
above.
(c) All individuals entering
and exiting the lead hazard reduction work area shall provide the following
information on the access log:
(1) Date of
entry;
(2) Printed name and
signature of person entering the lead hazard reduction work area;
(3) Employer of person entering the lead
hazard reduction work area; and
(4)
Time of entry and exit.
(d) The lead abatement contractor,
owner-contractor, lead abatement supervisor, or any person(s) granted a
variance by the commissioner shall ensure that the lead hazard reduction work
does not violate state laws, rules, or local ordinances for health, building
and fire safety for access to the dwelling, dwelling unit, or child care
facility.
(e) Whenever lead hazard
reduction work is being performed in any common or shared area of an occupied
dwelling or child care facility, the following shall apply:
(1) The lead abatement contractor,
owner-contractor, lead abatement supervisor, or any person(s) granted a
variance by the commissioner shall conduct work in phases, or shall ensure that
an uncontaminated passage that is in compliance with all state laws, rules, or
local ordinances for health, building, and fire safety exists for entry and
egress from the dwelling, dwelling unit(s), or child care facility for all
occupants to use; and
(2) When it
is not possible to preserve an uncontaminated passage for entrance and exit of
all occupants from the dwelling in compliance with all state laws, rules, or
local ordinances for health, building, and fire safety:
a. Lead hazard reduction work shall only be
conducted in any common area when all occupants whose access is affected by the
lead hazard reduction work are out of the building during all work periods
provided that:
1. The work area shall be
cleaned with a HEPA vacuum at the end of each work period;
2. The HEPA vacuuming shall be followed by a
wet washing using a general all-purpose or lead-specific cleaner; and
3. After the work area is completely dry, a
repeat HEPA vacuuming shall be done until all surfaces are free of visible dust
and debris; or
b. The
owner shall comply with the provisions of
RSA
130-A:8-a regarding the relocation of
building occupants whose access is affected by the lead hazard reduction
activities for the duration of the work, which hinders access.
#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
