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 1608 - LEAD HAZARD REDUCTION REQUIREMENTS
Section He-P 1608.13 - Standards for Re-occupancy

Universal Citation: NH Admin Rules He-P 1608.13

Current through Register No. 40, October 3, 2024

(a) When lead hazard reduction work has been performed and the dwelling, dwelling unit, or child-care facility is vacant or occupants have been relocated for the duration of the work, the dwelling, dwelling unit, or child care facility shall not be re-occupied by existing or new occupants until:

(1) A clearance inspection conducted pursuant to He-P 1608.12 determines that no lead exposure hazards remain in the dwelling unit of a multi-family home or the interior of a dwelling of a single family home or child-care facility;

(2) A certificate described in He-P 1608.14(a) has been issued by a licensed risk assessor for the interior, as well as, at a minimum, dust clearance of all the interior common areas associated with dwelling unit and work site;

(3) The owner has provided the prospective or existing residents with proper disclosure including any known information concerning the existence of lead-based substances and any known lead exposure hazards and available records per 40 CFR 745, Lead-Based Paint Poisoning Prevention in Certain Residential Structures; and

(4) If the certificate issued in accordance with He-P 1608.14 is issued on the interior of a dwelling, dwelling unit, or child-care facility and not the entire dwelling, including all common areas, exterior, and soils, the owner shall make the occupants aware of any known remaining hazards and future planned lead hazard reduction work and have an occupant protection plan in place including continued safe passage in and out of the dwelling, dwelling unit, or child care facility for the duration of the remaining lead hazard reduction work.

(b) When an order of lead hazard reduction has been issued, in addition to the requirements of He-P 1608.13(a) above:

(1) The department shall receive from a licensed risk assessor a certificate of lead safe-abatement for the interior of the dwelling, dwelling unit, or child care facility as applicable, including, for a multi-family home, dust clearance of any common areas associated with the dwelling unit and work site prior to the dwelling unit being occupied by residents; and

(2) The owner shall have all remaining lead hazard reduction work completed and obtain a certificate of lead safe-abatement on the remaining areas including interior common areas and exteriors indicated in the order of lead hazard reduction under the existing work scope and occupant protection plan for the project within the time frame determined by the commissioner.

#9986, eff 9-1-11 (from He-P 1605.16 )

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