Section Env-Dw 1108.09 - Department Inspections During Construction(a) The recipient shall allow the department to inspect the project at any time in order to confirm that: (1) The materials furnished meet the approved specifications; and(2) The project is being built in accordance with the approved plans and specifications and any approved alterations.(b) In conjunction with project inspections, the department shall: (1) Inspect the materials that are visible at the time of the inspection to determine compliance with the approved plans and specifications; and(2) Document the manner and progress of the project, conditions relating to the materials furnished, and on the contractor's compliance with the approved plans and specifications for the project.(c) Inspections by the department shall not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents, nor shall such inspections release the project engineer from determining compliance with the requirements of the contract documents.(d) The contractor and recipient shall provide the department with every reasonable accommodation for ascertaining whether the work as performed is in accordance with the requirements and intent of the contract.(e) The department shall, as soon as practicable, bring to the attention of the recipient and the project engineer any variances from the approved plans and specifications of which it becomes aware through its inspections.(f) Upon being notified of any such variances, the recipient and the project engineer shall immediately: (1) Initiate necessary action to rectify the deficiencies; or(2) Provide documentation explaining the reason(s) for the variance and demonstrating that the installation meets the requirements of Env-Dw 400.(g) If the recipient's project engineer disagrees with the department as to whether material furnished or work performed conforms with the terms of the construction contract, the recipient shall direct the project engineer to reject questionable materials and initiate other action provided for in the construction contract, including suspension where necessary, until all disputed issues are resolved in accordance with the terms of the construction contract.N.H. Admin. Code § Env-Dw 1108.09
(See Revision Note at chapter heading for Env-Dw 1100) #8702, eff 8-24-06
Amended by Volume XXXV Number 06, Filed February 12, 2015 , Proposed by #10772, Effective 1/24/2015, Expires1/24/2025.