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 1609 - STANDARDS FOR LEAD ABATEMENT
Section He-P 1609.03 - Encapsulant Products and Their Use

Universal Citation: NH Admin Rules He-P 1609.03

Current through Register No. 40, October 3, 2024

(a) Encapsulant products shall be approved in accordance with RSA 130-A:1, VII, or (q) and (r) below prior to their use.

(b) Except for a licensed lead abatement supervisor, lead abatement worker, or owner-contractor, any person who wishes to use an encapsulant product shall request permission from the department by completing and submitting to the department a "Request for Use of Encapsulant Paint", form (May 2020) prior to initiating the work or activity certifying the following:

"I certify that I have read, understand, and agree to comply with the New Hampshire Lead Poisoning Prevention Rules (He-P 1600) and the Lead Poisoning Prevention Statute (RSA 130-A). I agree to follow all rules in He-P 1600 regarding encapsulant products and their use as well as any manufacturer recommendations. I further certify that all information contained herein, including any supplements attached, is true and correct to the best of my knowledge and belief."; and

"I understand that any violation of the law will result in this approval being revoked and could result in administrative fines."

(1) A copy of the work scope describing the components on which encapsulant products are requested to be used on; and

(2) A copy of the occupant protection plan.

(d) Encapsulant products shall be applied:

(1) After passing substrate assessment testing using the "Pull-Off Tape Test for Adhesion" or the "Assessment of Painted Surfaces for Adhesion" (ASTM E 1796-03) available as noted in Appendix A, for each architectural system, element, or building component where an encapsulant product is to be used;

(2) Only after surface preparation, and all other dust generating phases of lead hazard reduction work including component removal is complete;

(3) In accordance with the manufacturer's criteria;

(4) In accordance with ASTM International's (ASTM E1796-03) available as noted in Appendix A "Standard Guide for Selection and Use of Liquid Coating Encapsulation Products for Leaded Paint in Buildings" (2016 edition), available as noted in Appendix A; and

(5) After passing one patch test in each room where encapsulant product is to be used.

(e) Encapsulant products shall not be used on any surface(s) that:

(1) Fails the substrate assessment test such as the "Pull-Off Tape Test for Adhesion" or the "Assessment of Painted Surfaces for Adhesion" (ASTM E 1796-03), available as noted in Appendix A; or

(2) Is not recommended for encapsulation or restricted by the product manufacturer.

(f) Surface preparation as described in (d)(2) above shall include:

(1) Cleaning and deglossing with a strong detergent or similar deglossing agent or by wet sanding, if necessary;

(2) Making minor repairs such as filling holes with plaster or spackling; and

(3) Paint stabilization of the interior, exterior, or both, as described in He-P 1610.02, as required.

(g) All encapsulant debris generated through the application process and any unused encapsulant not suitable for application shall be disposed of in accordance with the encapsulant manufacturer's instructions.

(h) When encapsulant products have been used and the dwelling, dwelling unit, or child care facility has no documentation of passing the substrate assessment or the substrate assessment test has been failed for any architectural system, element, or building component, the risk assessor shall not issue a certificate of lead hazard control - abatement.

(i) The owner shall perform a visual inspection of the encapsulated surfaces as recommended by the manufacturer and as follows:

(1) Thirty days after application;

(2) Six months after application;

(3) Annually thereafter; and

(4) Whenever there is a change in tenant occupancy.

(j) The visual inspection required by (i) above shall determine whether the encapsulant has maintained its integrity and is not:

(1) Cracked;

(2) Peeling;

(3) Sagging;

(4) Bubbling;

(5) Water damaged or evidencing other moisture related problems;

(6) Blistering;

(7) Open to the environment in a manner that could damage the encapsulated area; or

(8) Otherwise altered in a manner which jeopardizes its protective qualities.

(k) If signs of wear or deterioration, as described in (i) above, are found during the visual inspection, the owner shall visually inspect the encapsulated surfaces at least every 3 months for the next 6 months, then annually thereafter.

(l) If the encapsulation fails to maintain its integrity or if repairs are needed and the affected area involves less than 6 square feet of surface, the repair shall be considered in-place management and shall be remedied in accordance with the encapsulant manufacturer's recommendations, He-P 1608, and He-P 1610.02 through He-P 1610.05.

(m) When repairing a surface as described in (k) above, the owner or owner's agent shall not engage in any practice prohibited under He-P 1609.02(c).

(n) When a repair of the affected area involves more than 6 square feet of surface area, the owner or owner's agent shall remedy the affected area in accordance with lead hazard reductions pursuant to He-P 1608 and as it applies to abatement pursuant to He-P 1609 or interim controls pursuant to He-P 1610, including the requirement for a clearance inspection with dust wipes for the area where work occurred.

(o) In addition to the record keeping requirements of He-P 1608.15, the owner shall maintain the following records for the life of the encapsulant product:

(1) Documentation of:

a. The name of the encapsulant product applied;

b. The results of the "Pull-Off Tape Test for Adhesion" or the "Assessment of Painted Surfaces for Adhesion" test (ASTM E 1796-03), available as noted in Appendix A;

c. The location of the encapsulant application; and

d. The date of encapsulant application; and

(2) Written documentation of the visual inspections required by (i) through (k) above.

(p) The owner shall make all records required by (o) above available to:

(1) The commissioner upon request; and

(2) An owner or entity upon the sale, lease, rental, or transfer of interest in the dwelling, dwelling unit, or child care facility.

(q) The commissioner shall approve encapsulant products for lead hazard reduction work that have been tested and meet or exceed:

(1) ASTM International's ASTM E 1795-17, "Standard Specification for Non-Reinforced Liquid Coating Encapsulation Products for Leaded Paint in Buildings" (2016 edition) available as noted in Appendix A; or

(2) ASTM International's ASTM E 1797-12, "Standard Specification for Reinforced Liquid Coating Encapsulation Products for Leaded Paint in Buildings"(2017 edition), available as noted in Appendix A.

(r) Manufacturers shall submit the following documentation to the commissioner prior to the encapsulation product being approved:

(1) Documentation in the form of a performance testing report showing:

a. Compliance with the applicable ASTM standard;

b. That all testing was conducted by an independent and National Voluntary Laboratory Accreditation Program (NVLAP) certified testing laboratory; and

c. The minimum dry film thickness at which the lead encapsulant product meets or exceeds the requirements of the applicable ASTM standard in (q) above for interior and/or exterior use; and

(2) Documentation showing that the encapsulation product:

a. Is warrantied by the product manufacturer to perform for at least 20 years as a durable barrier between the lead-based paint and the environment in locations or conditions similar to those of the planned application; and

b. Is formulated with an FDA-approved anti-ingestant ingredient which deters oral contact with the cured film and which discourages ingestion of delaminated coatings.

#5920, eff 1-1-95; ss by #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 (from He-P 1605.09)

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