Current through Register No. 40, October 3, 2024
(a) Preliminary and
final clearance inspections shall be conducted by a licensed lead inspector or
risk assessor who:
(1) Has not performed the
lead hazard reduction work;
(2)
Has not been paid, employed, or otherwise compensated by anyone performing or
involved in the lead hazard reduction work or the company for which the person
is affiliated, unless the owner or their agent is acting as the
owner-contractor;
(3) Is not an
employee of the owner, or the owner of the dwelling, dwelling unit, or child
care facility at which the clearance inspection is being conducted;
and
(4) Does not have a financial
or other interest, direct or indirect, in the dwelling, dwelling unit, or child
care facility at which the clearance inspection is being conducted.
(b) A preliminary clearance
inspection shall be conducted when removal of the component(s) or removal of
the surface coatings is completed but before the painting, encapsulation, or
enclosure of the component(s).
(c)
A preliminary clearance inspection shall consist of a documented visual
inspection to confirm that:
(1) All components
to be replaced have been removed or replaced;
(2) All lead hazard coatings requiring
removal have been removed to the bare substrate and surfaces are prepared for
repainting or sealing;
(3) At least
one layer of sheeting remains on the floor;
(4) Areas within the work area are visibly
free of dust and debris;
(5) All
dust generating activities have been concluded; and
(6) All surfaces to be encapsulated have been
properly prepared and have documented passing results of field testing
requirements.
(d) For
properties under order of lead hazard reduction passage of the preliminary
clearance inspection shall:
(1) Be documented
and received by the lead abatement contractor within 48 hours of
completion;
(2) Include the name
and license number of the person performing the preliminary clearance
inspection;
(3) Include the date of
the inspection;
(4) Identify the
rooms, areas, or components that were inspected;
(5) Include a statement from the risk
assessor verifying all requirements for the passing of a preliminary clearance
inspection in (c) above have been met; and
(6) Be received by the department from the
lead abatement contractor prior to allowing unlicensed workers
on-site.
(e) Upon
passing a preliminary clearance inspection, non-licensed workers shall be
permitted to encapsulate, repaint, or cover the old components or replace the
removed components with new components.
(f) A final clearance inspection shall be
conducted after completion of lead hazard reduction work on the interior or
exterior of a dwelling, dwelling unit, or child care facility, including:
(1) A visual assessment, described in (g)-(k)
below;
(2) Surface dust sample
collection and analysis, described in (m), (n), and (q) below; and
(3) If lead hazard reduction work has
occurred on lead-contaminated soil, soil inspection, and soil sample collection
and analysis, described in (p) and (q) below.
(g) When conducting a final clearance
inspection, the lead inspector or risk assessor shall:
(1) Visually examine all surfaces within the
work site, dwelling, dwelling unit, or child care facility identified as a
lead-based substance or a lead exposure hazard in any lead inspection report,
or presumed to be a lead-based substance or lead exposure hazard, to determine
if:
a. All lead exposure hazards have been
abated in accordance with He-P 1608 and He-P 1609 or managed through interim
controls in accordance with He-P 1608 and He-P 1610;
b. All surfaces that had been stripped to the
bare substrate have been recoated in accordance
He-P
1610.02(e)(5)-(7) and (f)
(4);
c. There has not been a change
in condition or function that would create a lead exposure hazard;
and
d. All visible dust and debris
have been removed;
(2)
Visually examine all other surfaces in the work areas and areas within 5 feet
of the designated work area to ensure that no visible dust or debris is
present;
(3) Visually examine the
grounds around the dwelling, dwelling unit, or child care facility to ensure
that all waste and debris have been removed, and that leaded dust or paint
chips were not transferred outside; and
(4) Obtain a copy of the results of the
"Pull-Off Tape Test for Adhesion" or the "Assessment of Painted Surfaces for
Adhesion" (American Society for Testing and Materials (ASTM) E 1796-03),
available as noted in Appendix A, and as described in
He-P
1609.03(c)-(g), to verify that the
proper number of tests were performed and all surfaces encapsulated were tested
and passed if an encapsulant product was used.
(h) If dust was not contained to the rooms or
common areas in which work is conducted, the clearance area shall cover the
entire space including the work site and all the rooms in the dwelling unit and
the common areas that are associated with the work area in accordance with Ch.
15 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing" (2012 edition), available as noted in Appendix A.
(i) If dust has been contained to the work
site, the clearance area shall cover at least the area within the containment,
the floor outside the containment area to make sure contamina-tion has not
spread, and passageways used by workers walking to and from the work site in
accordance with Ch. 15 of the HUD "Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing" (2012 edition), available as noted in
Appendix A.
(j) To determine if the
clearance area meets the requirements of (i) above, the lead inspector or risk
assessor shall know exactly where the containment was located and what
passageways were used by workers, otherwise clearance must follow (h)
above.
(k) If the lead inspector or
risk assessor determines through the visual assessment required in (g) above
that lead exposure hazards, visible dust, or debris remain in the work area or
adjacent areas:
(1) The clearance inspection
procedure shall halt;
(2) The work
site, dwelling, dwelling unit, or child care facility shall fail the clearance
inspection;
(3) The lead inspector
or lead risk assessor shall immediately notify the lead abatement contractor
and the owner or owner's agent verbally or in writing, within 24 hours of the
inspection, of the failure and the reasons for the failure; and
(4) After the dwelling, dwelling unit, or
child care facility has been re-cleaned, another final clearance inspection,
conducted in accordance with (f) above, shall be performed.
(l) If, during a second or
subsequent final clearance inspection, the lead inspector or risk assessor
determines through the visual assessment required in (g) above, that lead
exposure hazards, visible dust, or debris remain in the work area or adjacent
areas and finds that a lead exposure hazard still exists:
(1) The lead inspector or lead risk assessor
shall immediately notify the department, the lead abatement contractor, and the
owner or owner's agent verbally or in writing within 24 hours of the
inspection, of the failure and the reasons for the failure; and
(2) The lead abatement contractor or the
person performing the lead hazard reduction work shall reimburse the owner for
the cost of all future clearance inspections and sample testing.
(m) If the lead inspector or risk
assessor determines through the visual assessment required in (g) above that
all lead exposure hazards have been controlled and there is no visible dust or
debris remaining in the work area or adjacent areas, the lead inspector or risk
assessor shall:
(1) Allow at least 24 hours
after the completion of repainting or varnishing before collecting surface dust
wipe samples; and
(2) Allow at
least one hour after final clean-up activities have been completed before
collecting surface dust wipe samples.
(n) Dust wipe samples shall be collected as
follows:
(1) When lead hazard reduction work
has occurred and there were no designated non-work areas, dust wipe samples
shall be collected from at least one windowsill, one window well, and the floor
as follows:
a. In at least 4 rooms of the
dwelling unit if there are 4 or more rooms; and
b. In all rooms of the dwelling unit if there
are less than 4 rooms;
(2) When lead hazard reduction work has
occurred where there was designated work and non-work areas, dust wipe samples
shall be collected as follows:
a. From a
windowsill, a window well, and a floor, in at least 4 treated rooms where lead
hazard reduction work has occurred or in all treated rooms if there are less
than 4 treated rooms;
b. One floor
sample in the main traffic pathway outside the containment area, but within 10
feet of the airlock, to determine the effectiveness of the containment system
for each containment area; and
c.
One floor sample along each passageway used by workers walking to and from the
work area;
(3) In
addition to (1) above, the following samples shall be taken in the common
areas:
a. One dust wipe sample from the floor
for every 2,000 square feet;
b. One
dust wipe sample from outside the containment area; and
c. Dust wipe samples as requested by the
department based on findings of a compliance inspection conducted in accordance
with
He-P
1605.04;
(4) When lead hazard reduction work has
occurred on an exterior surface(s), a dust wipe sample shall be taken from:
a. An exterior window sill on each floor
where exterior work was performed, plus an additional window well from a lower
floor; and
b. An adjacent
horizontal surface in the outdoor living area, such as a porch floor, railing,
exterior sill, or stoop; and
(5) When lead hazard reduction work has
occurred in a multi-family dwelling with similarly constructed and maintained
dwelling units, if random sampling is utilized it shall be conducted in
accordance with 40 CFR Part 745.227(e)(9)(i)-(iii) or any subsequent amendments
thereto.
(o) When the
purpose of the final clearance inspection is to issue a subsequent certificate
of lead safe - interim controls for the interior and interior common areas in
accordance with
He-P
1610.06(a), and when renovation,
remodeling, or other dust generating activities have:
(1) Occurred, dust wipe samples shall be
collected in accordance with (n) above as well as one dust wipe sample from the
floor for every 2,000 square feet in the common areas; or
(2) Not occurred, dust wipe samples shall be
collected from a windowsill, window well, and a floor in at least 3 areas where
a child would likely spend time.
(p) A final clearance inspection on
lead-contaminated soil shall include:
(1)
Visual examination of exterior horizontal and accessible surfaces adjacent to
the areas in which soil lead hazard reduction activities were conducted to
ensure that no visible dust or debris are present; and
(2) Collection of random samples from the
area in accordance with
He-P
1608.04(b).
(q) Analysis of all dust wipe and soil
samples shall be conducted pursuant to
He-P 1608.04(b) and
(c).
(r) The results of the dust wipe and soil
sample analysis shall meet the following standards:
(1) Clearance lead levels in interior dust
for a single dust wipe shall be:
a. Less than
10 micrograms per square foot on floors;
b. Less than 100 micrograms per square foot
on interior window sills; and
c.
Less than 100 micrograms per square foot on window wells;
(2) Clearance lead levels in interior dust
for a composite dust wipe sample shall be calculated by dividing the clearance
level as described in (1) above by half of the number of subsamples in the
composite sample;
(3) The number
calculated in (2) above shall be the clearance standard to be met for the
composite sample on the floors, interior window sills, or window wells
sampled;
(4) Lead levels in
exterior dust shall be less than 800 micrograms per square foot; and
(5) Lead levels in replacement soil shall be
tested and shall be confirmed to be less than 200 parts per million (ppm)
pursuant to
He-P
1609.02(e).
(s) When any residual dust level exceeds the
clearance standards set forth in (r) above:
(1) The lead inspector or lead risk assessor
shall immediately notify the lead abatement contractor and the owner or owner's
agent verbally or in writing, within 24 hours of the receipt of sample
results;
(2) The lead inspector or
risk assessor shall require that all the components represented by the failed
sample that were not previously sampled or that failed the dust test shall be
cleaned again as described in
He-P 1608.11(c)(6) and
(7);
(3) After completing the cleaning described
in (2) above, the lead inspector or risk assessor shall collect dust wipe
samples from:
a. All components which failed
the previous dust test; and
b. At
least one component not previously tested for each component type that failed,
except in the case of a floor where the sample shall be taken from a previously
un-sampled floor area;
(4) The lead inspector or risk assessor shall
have dust wipe and soil samples analyzed in accordance with
He-P 1608.04(b) and
(c); and
(5) If, during a second and subsequent final
clearance inspection, the lead inspector or risk assessor determines through
the analysis of the dust wipe samples that the level exceeds the clearance
limits in (r) above, the lead abatement contractor or the person performing the
lead hazard reduction work shall reimburse the owner for the cost of all future
clearance inspections and sample testing.
(t) When a lead inspector or risk assessor
conducts a final clearance inspection and finds that no lead exposure hazards
remain and that all dust wipe and soil sample results are below the clearance
levels set forth in (r) above, he or she shall:
(1) Notify the lead abatement contractor and
the owner of such findings verbally within 24 hours of the receipt of all dust
wipe and soil sample results;
(2)
Document a written clearance inspection report detailing the results of the
inspection within 14 business days of receipt of all dust wipe and soil sample
results; and
(3) Submit a copy of
the written clearance inspection report to the following, within 14 business
days of receipt of all dust wipe and soil sample results:
a. The owner of the dwelling, dwelling unit,
or child care facility;
b. The lead
abatement contractor; and
c. The
department for any dwelling, dwelling unit, or child care facility under an
order of lead hazard reduction or other enforcement action pursuant to RSA
130-A or He-P 1600 or when the abatement work was completed utilizing a lead
hazard remediation loan.
(u) The written clearance inspection report
in (t)(2) above shall include the following:
(1) The date of the clearance
inspection;
(2) A copy of the
certificate, issued in accordance with
He-P
1608.14;
(3) The printed name and license number of
the person that performed the final clearance inspection;
(4) Name, address, and telephone number of
any company or other person employing the inspector or risk assessor in that
capacity;
(5) Name, license number,
and address of all lead abatement contractors who worked at the dwelling,
dwelling unit, or child care facility;
(6) 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 exterior areas
including the locations of soil collection points;
(7) A schematic site plan of the area or a
written description of the locations of dust sampling collection
points;
(8) If not previously
submitted to the department, a copy of the original risk assessment report and
the date that the lead inspector or risk assessor verified that each surface or
component requiring lead hazard reduction has been addressed;
(9) The specific testing device(s) used in
the initial inspection or clearance inspection, their serial number, and
sampling procedures employed;
(10)
Name, address, and telephone number of all laboratories conducting analysis of
collected samples;
(11) Copies of
the results of all laboratory analyses and testing of all samples taken during
the inspection;
(12) A description
of all in-place management measures necessary to ensure the continued control
of potential lead exposure hazards in the inspected dwelling pursuant to
He-P
1608.16; and
(13) A copy of the work scope detailing the
lead hazard control method employed for each hazard identified on the risk
assessment report.
(v)
The owner shall provide a copy of the written clearance inspection report
required by (t)(2) above to occupants affected by the lead hazard reduction
work within 5 days of receipt of the report by:
(1) Posting the report in a common area or
entry for at least 5 days; or
(2)
Hand delivering of a copy of the report to an adult occupant of each occupied
dwelling unit in the dwelling.
#9986, eff 9-1-11 (from He-P 1606.07
)
