N.H. Admin. Code § He-P 1605.04

Current through Register No. 45, November 7, 2024

Section He-P 1605.04 - Compliance Inspections

(a) The commissioner shall conduct compliance inspections to verify compliance with the requirements of RSA 130-A and He-P 1600.

(b) When conducting compliance inspections, the commissioner shall use the following procedures:

(1) Obtain written permission from the property owner or agent by the property owner or agent's submission of the "Notification of Work Form" (May 2020);

(2) Upon request, present credentials indicating the authority to conduct such inspections;

(3) Inspect the dwelling, dwelling unit, or child care facility to determine compliance with He-P 1600;

(4) Obtain representative samples of surface coatings, fixtures, soils, or other materials when it is necessary to determine the presence of lead-based substances or a lead exposure hazard;

(5) Take photographs, if necessary, to document the inspection or lead hazard reduction work; and

(6) Inspect and, if necessary, obtain a copy of any lead inspection reports, records of employee licensure or certification, or other documents required under RSA 130-A or He-P 1600.

(c) After completing a compliance inspection, the commissioner shall:

(1) Prepare a written report detailing the findings of the inspection that contains the following information:

a. The date of the compliance inspection;

b. The name of the owner, agent, tenant, lead abatement contractor, lead abatement supervisor, lead inspector, lead risk assessor, or person(s) conducting the lead hazard reduction work to whom credentials were presented, educational program manager, or laboratory director;

c. The name of the department staff conducting the compliance inspection;

d. Findings of the compliance inspection;

e. Results of any testing or analysis conducted on collected samples; and

f. Any other pertinent findings related to the inspection;

(2) Maintain the report on file for a period of 4 years;

(3) Provide copies of the report, upon request, to relevant parties including:

a. The owner or owner's agent;

b. The dwelling manager;

c. The operator of the child care facility;

d. The occupant;

e. The lead risk assessor or lead inspector;

f. The lead abatement contractor;

g. The laboratory director;

h. The training manager; or

i. Any other relevant party; and

(4) If necessary, pursue enforcement actions as authorized under RSA 130-A and He-P 1600.

N.H. Admin. Code § He-P 1605.04

#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 1613.05 )

Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030