Section He-P 1608.01 - Inspection Requirements(a) All lead inspection activities shall be performed by persons licensed in accordance with He-P 1612.(b) No person performing lead inspections, or risk assessments shall: (1) Perform the lead hazard reduction work on the dwelling, dwelling unit, or child care facility being inspected or assessed;(2) Be paid, employed, have an interest in, financial or otherwise, direct or indirect, or otherwise be compensated by the lead abatement contractor, the company for which the lead abatement contractor is affiliated, or owner-contractor, unless the owner is acting as an owner-contractor; or(3) Be the owner of, an employee of the owner, or have an interest, financial or otherwise, direct or indirect, in the dwelling, dwelling unit, or child care facility.(c) All persons conducting risk assessment and lead inspection work shall comply with: (1) Standards and requirements set forth in this part; and(2) Standards and requirements set forth in the OSHA Lead in Construction Standard, 29 CFR 1926.62.(d) A licensed risk assessor or lead inspector shall develop written inspection procedures containing the following elements and submit the procedures with an initial application for licensure: (1) A general description of sampling protocols including the selection process of components to be sampled;(2) Testing methods to be used to inspect for the presence of lead-based substances according to type of surface and substrate; (3) Procedures to be followed when weather conditions prohibit sampling of soil at the time of inspection;(4) Procedures as described in (3) above shall include soil sampling within 14 calendar days after soil conditions allow for such testing; and(5) Quality control procedures for all field measurement and sample collection methods.(e) A lead inspector or risk assessor who is conducting an inspection for lead-based substances shall include the following in the inspection report:(2) Address of dwelling, dwelling unit(s), or child care facility;(3) Date of construction of dwelling, dwelling unit(s), or child care facility;(4) Unit number(s), if applicable;(5) A description of the current use of the dwelling, dwelling unit(s), or child care facility;(6) Name, address, and telephone number of all dwelling, dwelling unit(s), or child care facility owners;(7) Name, legal and business address, signature, and license number(s) of each licensed inspector(s) or risk assessor(s) conducting the inspection;(8) Name, address, and telephone number of any company or other person employing the lead inspector(s) or risk assessor(s) in that capacity;(9) A schematic site plan of the area inspected, showing rooms within the dwelling, dwelling unit, or child care facility and their use, common areas, exterior surfaces and areas, play areas, and any other relevant structures on the property, including the locations or written description of any bare soil and dust collection points;(10) Specific locations of each painted component tested for the presence of lead-based paint and each soil sample collected including a clear designation of whether or not the soil sample collected was from a child's play area;(11) Each testing method and device and/or sampling procedure employed for paint, soil, and dust analysis, including quality control data and, if used, the manufacturer, model number, and serial number of any X-ray fluorescent lead analyzer (XRF) device;(12) If more than one XRF is used to conduct an inspection, the results of each surface and representative area tested to be annotated on the report to indicate the specific XRF used for testing;(13) The results of the inspection expressed in terms appropriate to the sampling method used and identification of all components with coating which meets the definition of lead based paint;(14) The location and condition of any damaged or deteriorated substrate or component that compromises the effectiveness of the lead hazard reduction technique;(15) All data collected using on-site testing devices including calibration check readings;(16) Name, address, and telephone number of all laboratories conducting analysis of collected samples;(17) All results of laboratory analysis on collected samples including paint, surface coatings, soil, and dust samples;(18) When the report is part of a risk assessment, recommendations regarding the need for additional testing;(19) A signed certification stating, "I hereby certify that sampling and analyses have been conducted pursuant to He-P 1608.04 and accurately represents the conditions in the areas tested on this date";(20) The written inspection procedures as required in (d) above; and(21) A statement regarding the owner's requirement to disclose lead hazards in accordance with 40 CFR Part 745.107 .(f) If an inspector or risk assessor becomes aware that lead hazard reduction work has not been done in accordance with RSA 130-A or He-P 1600, the inspector or risk assessor shall provide notice to the department within 24 hours of the discovery via telephone at (603) 271-4507, fax at (603) 271-3991, e-mail at nhleadprogram@dhhs.nh.gov, or in writing.(g) A notice made to the department in accordance with (f) above, shall include the following information:(1) The date the violation occurred, if known;(2) The address where the violation took place;(3) The nature of the violation;(4) The date the violation was discovered by the person submitting the notice; and(5) The name of the individual that conducted the work, if known.N.H. Admin. Code § He-P 1608.01
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; amd by #7393, INTERIM, eff 10-28-00, EXPIRED: 4-26-01; 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
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030