Current through Register No. 40, October 3, 2024
(a)
All individuals and business entities performing lead hazard reduction
activities shall be licensed or certified, as applicable, in accordance with
RSA 130-A and this part.
(b) The
following categories of lead professionals and business entities shall be
licensed by the department:
(1) Lead risk
assessor;
(2) Lead inspector;
and
(3) Lead abatement
contractor.
(c) The
following categories of lead professionals shall be certified by the
department:
(1) Lead abatement supervisor;
and
(2) Lead abatement
worker.
(d) Pursuant to
RSA 130-A, an owner-contractor shall not be required to be licensed, but he or
she shall comply with all applicable licensing requirements, including the
successful completion of a lead abatement supervisor educational program,
successful completion of the required proficiency examinations, and submission
of an application to the department.
(e) To be licensed as a lead risk assessor,
an individual shall be 18 years of age or older and meet the following
requirements:
(1) Successfully complete a
lead risk assessor educational program certified in accordance with He-P
1611;
(2) Successfully complete the
proficiency examinations described in
He-P
1612.04;
(3) The individual shall be a NH licensed
lead inspector for a minimum of one year and shall have one of the following
combinations of work and education requirements:
a. A bachelor's degree in environmental
science, environmental engineering, environmental remediation, or environmental
health;
b. A bachelor's degree in
any discipline and one year of experience by the individual in a related field
of lead, asbestos, environmental remediation work, or construction;
c. An associate's degree in any discipline
and a minimum of 2 years of experience by the individual in a related field of
lead, asbestos, environmental remediation work, or construction;
d. A high school diploma or equivalent and a
minimum of 3 years of experience by the individual in a related field of lead,
asbestos, environmental remediation work, or construction; or
e. Be licensed as an industrial hygienist,
civil, environmental, or structural engineer, architect, or environmental
health practitioner;
(4)
The individual shall have performed all aspects of lead and clearance
inspections as detailed in (f)(4) and (5) below and all aspects of at least 5
risk assessments on 5 separate dwellings;
(5) The risk assessments required in (4)
above shall:
a. Be conducted after the
successful completion of the risk assessor lead educational program;
b. Be conducted for inspections completed in
New Hampshire over a period of at least 30 days but, no more than 90 days;
c. Be conducted in accordance with
He-P 1608;
d. Be documented in
accordance with He-P 1608 and sent to the department, either with or without
redaction of the information requested in
He-P
1608.01(e)(2) and
He-P
1608.01(e)(6), for review within 10
days of completion of each risk assessment; and
e. Be conducted under a supervised
apprenticeship which shall be completed with a New Hampshire licensed risk
assessor who has been licensed for a minimum of 2 years as a New Hampshire risk
assessor.
(f)
To be licensed as a lead inspector, an individual shall be 18 years of age or
older and meet the following requirements:
(1)
Successfully complete a lead inspector educational program certified in
accordance with He-P 1611;
(2)
Successfully complete the proficiency examinations described in
He-P
1612.04; and
(3) Have one of the following combinations of
work and education requirements:
a. A
bachelor's degree in any discipline; no experience required;
b. An associate's degree in any discipline
and a minimum of one year of experience by the individual in a related field of
lead, asbestos, housing repair or inspection, or environmental remediation
work; or
c. A high school diploma
or equivalent and a minimum of 2 years of experience by the individual in a
related field of lead, asbestos, housing repair or inspection, or environmental
remediation work;
(4)
The individual shall have performed all aspects of:
a. Five lead-based paint inspections
performed in accordance with
He-P
1608.02(a) on 5 separate
dwellings;
b. Five lead-based
substance inspections performed in accordance with
He-P
1608.02(b) on 5 separate
dwellings;
c. Three preliminary
clearance inspections performed in accordance with
He-P
1608.12 on 3 separate dwelling or dwelling units;
and
d. Two full clearance
inspections performed in accordance with
He-P
1608.12 on 2 separate dwellings.
(5) The inspections required in (4) above
shall:
a. Be conducted after the successful
completion of the lead inspector lead educational program;
b. Be conducted for inspections completed in
New Hampshire over a period of at least 30 days but, no more than 180 days;
c. Be conducted in accordance with
He-P
1608.02 and
He-P
1608.12;
d. Be documented in accordance with He-P 1608
and sent to the department, either with or without redaction of the information
requested in He- P 1608.01(e)(2),
He-P
1608.01(e)(6), and
He-P
1608.14(c)(1), for review within 10
days of completion of each inspection;
e. Be prepared for a minimum of 5 separate
dwellings or dwelling units collectively; and
f. Be conducted under a supervised
apprenticeship which shall be completed with a New Hampshire licensed risk
assessor who has been licensed for a minimum of 2 years as a New Hampshire risk
assessor.
(g)
To be licensed as a lead abatement contractor or to renew an existing lead
abatement contractor license, an individual or business entity shall submit to
the department a completed "Lead Abatement Contractor Application" (May 2020)
and 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 understand I shall employ
only individuals certified or licensed in accordance with He-P 1612, including
lead-certified or licensed employees or lead-certified or licensed
subcontractor personnel to conduct lead-based paint activities, and all
employees and lead-certified subcontractors shall follow the work practice
standards of He-P 1600. I further certify that all information contained
herein, including any supplements attached, is true and correct to the best of
my knowledge and belief."
(h) Along with the "Lead Abatement Contractor
Application" (May 2020), the applicant shall demonstrate that he or she meets
all applicable standards and requirements, including the following:
(1) Evidence that the business entity:
a. Employs a lead abatement supervisor, lead
inspector, or risk assessor certified in accordance with He-P 1612;
and
b. If applicable, has an
up-to-date written worker protection program that conforms with the following
OSHA standards:
1. The standard for
Respiratory Protection,
29 CFR
1910.134; and
2. The standard for Lead in Construction,
29 CFR
1926.62;
(2) A list of all lead associated citations
and notices of violation received in the United States including the name of
the issuing agency or department and the final disposition of such citation or
notice;
(3) A list of states in
which the applicant holds a license, certification, accreditation, or any other
approval for lead abatement activity and description of the licensed
activity;
(4) A list of the names
of the applicant's principals or officers, and any persons with a controlling
interest in the business;
(5) A
list of all other entities that perform lead abatement activities of which the
applicant or its principals or officers, or persons with a controlling
interest, is a principal or officer, or person with a controlling
interest;
(6) A list of all names
and acronyms by which the applicant's business entity is known or under which
it does or has done business;
(7) A
statement certifying that all of the information provided in support of the
application is true and complete;
(8) A list of all individuals in the
contractor's employ that perform lead abatement activities including first and
last names and license numbers; and
(9) A statement attesting that the business
entity shall employ only individuals certified or licensed in accordance with
He-P 1612, including lead-certified or licensed employees or lead-certified or
licensed subcontractor personnel to conduct lead-based paint activities, and
that the business entity and its employees and lead-certified subcontractors
will follow the work practice standards of He-P 1600.
(i) To be certified as an owner-contractor,
an individual shall be 18 years of age or older and meet the following
requirements:
(1) Successful completion of a
lead abatement supervisor educational program certified in accordance with He-P
1611;
(2) Successful completion of
the proficiency examinations described in
He-P
1612.04; and
(3) Have at least 2 years of work experience
in asbestos, lead, environmental remediation, or in the building
trades.
(j) To be
certified as lead abatement supervisor, an individual shall be 18 years of age
or older and meet the following requirements:
(1) Successful completion of a lead abatement
supervisor educational program certified in accordance with He-P
1611;
(2) Successful completion of
the proficiency examinations described in
He-P
1612.04; and
(3) The individual shall have the following
experience requirements:
a. At least 12 months
of work experience as a certified lead abatement worker; or
b. Have at least 2 years of work experience
in asbestos, lead, environmental remediation, or in the building trades.
(k) To be
certified as a lead abatement worker, an individual shall be 18 years of age or
older and successfully complete a lead abatement worker educational program
certified in accordance with He-P 1611.
(l) Any individual who has a current New
Hampshire license as a lead inspector or risk assessor on the effective date of
these rules and who continuously maintains that license shall not be required
to meet the requirements in (e)(4)-(5) and (f)(4)-(5) above.
(m) A refresher lead educational program,
certified in accordance with He-P 1611 and specific to the discipline of lead
professional being applied for, shall be successfully completed
annually.
(n) All individuals
licensed or certified under this part shall notify the department, in writing,
within 30 days of any changes to any of the information contained on the most
current application submitted to the department.
#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
