Current through Register No. 40, October 3, 2024
(a)
The department shall:
(1) Conduct a document
review to validate all certificates of lead hazard control have been submitted
to the department;
(2) Conduct
compliance inspections to validate the issuance of any certificate of lead
hazard control; and
(3) Such
compliance inspections shall:
a. Be conducted
whenever the validity of the certificate of lead hazard control is unclear
through the document review conducted in (1) above;
b. Be conducted, at least once annually, for
each licensed risk assessor submitting certificates of lead hazard control to
the department;
c. Be conducted
within 30 days of receipt of the certificate by the department; and
d. Be arranged with the property owner to
grant access to the dwelling, dwelling unit, or child-care facility.
(b) Any person may
request the department to review and validate any certificate issued pursuant
to
He-P 1608.14, in
accordance with
RSA 130-A:10,
III, by filing a written request with the
department including:
(1) The name and address
of the requester;
(2) The address
and location of the dwelling, dwelling unit, or child care facility that is the
subject of the request;
(3) The
name and address of the owner, if known; and
(4) The name and address of the licensed lead
inspector or licensed risk assessor who performed the inspection, if
known.
(c) Within 60
days after receiving a request for review of a certificate, the department
shall contact the requester, the owner, and the risk assessor who prepared the
certificate and conduct a site visit and inspection, as necessary, to determine
the existence of any lead exposure hazard, in accordance with the procedures
set forth in
He-P
1605.04.
(d) If a lead exposure hazard is discovered
during a compliance inspection, the commissioner shall:
(1) Contact the owner or owner's agent, lead
risk assessor, and lead abatement contractor, or person granted a variance by
the department to address the hazards; and
(2) Invalidate the certificate of lead hazard
control and enforce the order of lead hazard reduction if after 10 business
days the lead exposure hazard still exists.
(e) The department shall not conduct a review
and validation for the following:
(1)
Buildings which do not meet the definition of a dwelling, dwelling unit, or
child care facility; or
(2)
Dwellings, dwelling units, or child care facilities built after 1978.
#9986, eff 9-1-11 (from
He-P
1608.09)
