Section He-P 1608.04 - Sampling and Analysis Methods(a) Testing for the presence of lead in paint shall be conducted by one or more of the following methods:(1) Field measurement by XRF using standards set forth in the U.S. Department of Housing and Urban Development (HUD) "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (2012 Edition), available as noted in Appendix A;(2) Laboratory analysis of paint chips by atomic absorption spectrometry using standards set forth in Appendix 14.1 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (2012 Edition), available as noted in Appendix A; or(3) Any testing method using recognized published procedures or methods developed and validated by the laboratory using assayed materials, inter-lab comparisons, or proficiency test samples.(b) All collection and analysis of samples from paint chips, dust, soil, or other media shall comply with standards set forth in Appendix 13.1 through Appendix 13.3 and Appendix 14.1 through Appendix 14.3 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition), available as noted in Appendix A.(c) Laboratories performing lead analyses on environmental samples shall be recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP). (d) The following requirements shall apply if field measurements by XRF are used: (1) The user shall have a currently valid license or registration for the XRF instrument used, issued by the department's radiological health section in accordance with He-P 4000;(2) The calibration of each XRF unit shall be checked as follows:a. The calibration of XRF instruments shall be checked against the manufacturer's standards for that instrument in accordance with the manufacturer's specifications for that instrument;b. The calibration check of each XRF instrument used shall be conducted at the beginning and end of each inspection and at intervals throughout the inspection in accordance with manufacturer's specifications for the instrument;c. If the XRF instrument does not produce a reading within the manufacturer's specified tolerance for each standard, the instrument shall be removed from use until such time as the unit is again operating within the manufacturer's specified tolerance for each standard; andd. The results of all calibration checks shall be recorded on the inspection report;(3) Except as provided in (4) below, XRF measurements shall be adjusted to compensate for substrate interference utilizing substrate correction protocols set forth in the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (2012 Edition), available as noted in Appendix A;(4) Adjustment of XRF measurements to compensate for substrate interference shall not be required when the manufacturer's "XRF Performance Characteristics Sheet", a document based on methodology developed jointly by the EPA and HUD, indicates that substrate corrections are not necessary; and(5) Surfaces shall not be considered to contain lead-based paint when the XRF reading is less than 1.0 mg/cm and the manufacturer's recommended tolerance of the machine is factored into the calculation of the reading.(e) When conducting full inspections in multifamily housing that has more than one dwelling unit or child care facility in the same building, complex, or development, the inspection shall be conducted in accordance with the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition), available as noted in Appendix A.N.H. Admin. Code § He-P 1608.04
#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
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030