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 1610 - STANDARDS FOR INTERIM CONTROLS
Section He-P 1610.02 - Lead-Based Paint Stabilization

Universal Citation: NH Admin Rules He-P 1610.02

Current through Register No. 40, October 3, 2024

(a) Lead-based paint stabilization or work being performed pre-stabilization where those activities disturb lead based paint, shall be conducted in accordance with He-P 1608.07 through He-P 1608.11 and only when the substrates of the surfaces to be treated are dry, clean, and in good repair, prior to the application of new paint or other coating.

(b) The following substrate defects shall be repaired prior to lead-based paint stabilization:

(1) Dry, rotted, or rusty structural, siding, window, door, or railing components;

(2) Moist or moldy components including, but not limited to, structural, siding, window, door, or railing components;

(3) Wall and ceiling plaster that is unkeyed from the underlying lath;

(4) Loose siding or trim; and

(5) Any other substrate condition that would compromise the effectiveness of the interim control measures.

(c) Prior to lead-based paint stabilization the following interior conditions that might jeopardize the effectiveness of the lead-based paint stabilization shall be repaired in rooms undergoing lead-based paint stabilization as well as those above or adjacent to rooms undergoing lead-based paint stabilization:

(1) Visual leaks in waste lines, traps, supply lines, or fixtures;

(2) Undirected or clogged condensate drip lines for air conditioners;

(3) Water heaters, dishwashers, and washing machines without drip pans or an overflow mechanism;

(4) Inadequately ventilated attic spaces, bathrooms, kitchens, or laundry areas as defined by either:
a. The International Building Code pursuant to RSA 155-A;

b. The International Residential Code pursuant to RSA 155-A; or

c. A local building code adopted by a municipality under RSA 48-A;

(5) Clogged plumbing fixtures or drains;

(6) Interior windows that are loose or do not close completely;

(7) Missing or broken window panes;

(8) Absent, incomplete, or deteriorated caulking around sinks and tubs in the bathroom or kitchen; and

(9) Any other deterioration or damage to interior components that would compromise the effectiveness of the interim control measures.

(d) Prior to lead-based paint stabilization the following exterior conditions that might jeopardize the effectiveness of the lead-based paint stabilization on the interior or exterior of the dwelling or dwelling unit shall be repaired:

(1) Damaged or missing flashing on a door, window, roof, or other visual roof leaks;

(2) Siding in contact with soil;

(3) Water-damaged siding or clapboards;

(4) Missing or deteriorated trim on a door or window opening;

(5) Missing or broken window panes;

(6) Missing, damaged, or deteriorated window caulking or glazing; and

(7) Any other deterioration or damage to building components that would compromise the effectiveness of the interim control measures.

(e) Lead-based paint stabilization of interior surfaces shall be conducted in the following manner and in accordance with He-P 1608.07, He-P 1608.11, and 40 CFR 745, if applicable:

(1) Loose and flaking paint shall be scraped away from surfaces after misting the surfaces with water;

(2) After drying, all surfaces shall be vacuumed with a HEPA vacuum until no visible dust or debris remains;

(3) All surfaces shall be cleaned using a general all-purpose or lead-specific cleaner and water solution and rinsed with clean water;

(4) After drying, all surfaces shall be HEPA vacuumed again;

(5) All surfaces shall be primed with primer;

(6) Except as allowed by (7) below, all surfaces shall be covered with at least 2 coats of paint or other coating; and

(7) When the surface is a wall, a single layer of vinyl wallpaper may be used in place of the 2 coats of paint or other coating.

(f) Lead-based paint stabilization of exterior surfaces shall be conducted in the following manner and in accordance with He-P 1608.08, He-P 1608.11, and 40 CFR 745, if applicable:

(1) Loose and flaking paint shall only be removed by:
a. Scraping after first misting the surface with water; or

b. Dry scraping within 6 inches in an area that would present an electrical hazard if other methods were used;

(2) All surfaces shall be cleaned using a general all-purpose or lead-specific cleaner and water solution and rinsed with clean water;

(3) All adjacent horizontal surfaces shall be vacuumed with a HEPA vacuum, cleaned with a general all-purpose or lead-specific cleaner and water solution, and rinsed with clean water; and

(4) Recoating of surfaces shall be done by:
a. Priming all surfaces with primer; and

b. Covering all surfaces with at least 2 coats of paint or other coating.

#5920, eff 1-1-95; amd by #6096, eff 9-22-95; 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 1606.03)

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