N.H. Admin. Code § He-P 1608.12

Current through Register No. 45, November 7, 2024

Section He-P 1608.12 - Clearance Inspections

(a) Preliminary and final clearance inspections shall be conducted by a licensed lead inspector or risk assessor who:

(1) Has not performed the lead hazard reduction work;

(2) Has not been paid, employed, or otherwise compensated by anyone performing or involved in the lead hazard reduction work or the company for which the person is affiliated, unless the owner or their agent is acting as the owner-contractor;

(3) Is not an employee of the owner, or the owner of the dwelling, dwelling unit, or child care facility at which the clearance inspection is being conducted; and

(4) Does not have a financial or other interest, direct or indirect, in the dwelling, dwelling unit, or child care facility at which the clearance inspection is being conducted.

(b) A preliminary clearance inspection shall be conducted when removal of the component(s) or removal of the surface coatings is completed but before the painting, encapsulation, or enclosure of the component(s).

(c) A preliminary clearance inspection shall consist of a documented visual inspection to confirm that:

(1) All components to be replaced have been removed or replaced;

(2) All lead hazard coatings requiring removal have been removed to the bare substrate and surfaces are prepared for repainting or sealing;

(3) At least one layer of sheeting remains on the floor;

(4) Areas within the work area are visibly free of dust and debris;

(5) All dust generating activities have been concluded; and

(6) All surfaces to be encapsulated have been properly prepared and have documented passing results of field testing requirements.

(d) For properties under order of lead hazard reduction passage of the preliminary clearance inspection shall:

(1) Be documented and received by the lead abatement contractor within 48 hours of completion;

(2) Include the name and license number of the person performing the preliminary clearance inspection;

(3) Include the date of the inspection;

(4) Identify the rooms, areas, or components that were inspected;

(5) Include a statement from the risk assessor verifying all requirements for the passing of a preliminary clearance inspection in (c) above have been met; and

(6) Be received by the department from the lead abatement contractor prior to allowing unlicensed workers on-site.

(e) Upon passing a preliminary clearance inspection, non-licensed workers shall be permitted to encapsulate, repaint, or cover the old components or replace the removed components with new components.

(f) A final clearance inspection shall be conducted after completion of lead hazard reduction work on the interior or exterior of a dwelling, dwelling unit, or child care facility, including:

(1) A visual assessment, described in (g)-(k) below;

(2) Surface dust sample collection and analysis, described in (m), (n), and (q) below; and

(3) If lead hazard reduction work has occurred on lead-contaminated soil, soil inspection, and soil sample collection and analysis, described in (p) and (q) below.

(g) When conducting a final clearance inspection, the lead inspector or risk assessor shall:

(1) Visually examine all surfaces within the work site, dwelling, dwelling unit, or child care facility identified as a lead-based substance or a lead exposure hazard in any lead inspection report, or presumed to be a lead-based substance or lead exposure hazard, to determine if:

a. All lead exposure hazards have been abated in accordance with He-P 1608 and He-P 1609 or managed through interim controls in accordance with He-P 1608 and He-P 1610;

b. All surfaces that had been stripped to the bare substrate have been recoated in accordance He-P 1610.02(e)(5)-(7) and (f) (4);

c. There has not been a change in condition or function that would create a lead exposure hazard; and

d. All visible dust and debris have been removed;

(2) Visually examine all other surfaces in the work areas and areas within 5 feet of the designated work area to ensure that no visible dust or debris is present;

(3) Visually examine the grounds around the dwelling, dwelling unit, or child care facility to ensure that all waste and debris have been removed, and that leaded dust or paint chips were not transferred outside; and

(4) Obtain a copy of the results of the "Pull-Off Tape Test for Adhesion" or the "Assessment of Painted Surfaces for Adhesion" (American Society for Testing and Materials (ASTM) E 1796-03), available as noted in Appendix A, and as described in He-P 1609.03(c)-(g), to verify that the proper number of tests were performed and all surfaces encapsulated were tested and passed if an encapsulant product was used.

(h) If dust was not contained to the rooms or common areas in which work is conducted, the clearance area shall cover the entire space including the work site and all the rooms in the dwelling unit and the common areas that are associated with the work area in accordance with Ch. 15 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (2012 edition), available as noted in Appendix A.

(i) If dust has been contained to the work site, the clearance area shall cover at least the area within the containment, the floor outside the containment area to make sure contamina-tion has not spread, and passageways used by workers walking to and from the work site in accordance with Ch. 15 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (2012 edition), available as noted in Appendix A.

(j) To determine if the clearance area meets the requirements of (i) above, the lead inspector or risk assessor shall know exactly where the containment was located and what passageways were used by workers, otherwise clearance must follow (h) above.

(k) If the lead inspector or risk assessor determines through the visual assessment required in (g) above that lead exposure hazards, visible dust, or debris remain in the work area or adjacent areas:

(1) The clearance inspection procedure shall halt;

(2) The work site, dwelling, dwelling unit, or child care facility shall fail the clearance inspection;

(3) The lead inspector or lead risk assessor shall immediately notify the lead abatement contractor and the owner or owner's agent verbally or in writing, within 24 hours of the inspection, of the failure and the reasons for the failure; and

(4) After the dwelling, dwelling unit, or child care facility has been re-cleaned, another final clearance inspection, conducted in accordance with (f) above, shall be performed.

(l) If, during a second or subsequent final clearance inspection, the lead inspector or risk assessor determines through the visual assessment required in (g) above, that lead exposure hazards, visible dust, or debris remain in the work area or adjacent areas and finds that a lead exposure hazard still exists:

(1) The lead inspector or lead risk assessor shall immediately notify the department, the lead abatement contractor, and the owner or owner's agent verbally or in writing within 24 hours of the inspection, of the failure and the reasons for the failure; and

(2) The lead abatement contractor or the person performing the lead hazard reduction work shall reimburse the owner for the cost of all future clearance inspections and sample testing.

(m) If the lead inspector or risk assessor determines through the visual assessment required in (g) above that all lead exposure hazards have been controlled and there is no visible dust or debris remaining in the work area or adjacent areas, the lead inspector or risk assessor shall:

(1) Allow at least 24 hours after the completion of repainting or varnishing before collecting surface dust wipe samples; and

(2) Allow at least one hour after final clean-up activities have been completed before collecting surface dust wipe samples.

(n) Dust wipe samples shall be collected as follows:

(1) When lead hazard reduction work has occurred and there were no designated non-work areas, dust wipe samples shall be collected from at least one windowsill, one window well, and the floor as follows:

a. In at least 4 rooms of the dwelling unit if there are 4 or more rooms; and

b. In all rooms of the dwelling unit if there are less than 4 rooms;

(2) When lead hazard reduction work has occurred where there was designated work and non-work areas, dust wipe samples shall be collected as follows:

a. From a windowsill, a window well, and a floor, in at least 4 treated rooms where lead hazard reduction work has occurred or in all treated rooms if there are less than 4 treated rooms;

b. One floor sample in the main traffic pathway outside the containment area, but within 10 feet of the airlock, to determine the effectiveness of the containment system for each containment area; and

c. One floor sample along each passageway used by workers walking to and from the work area;

(3) In addition to (1) above, the following samples shall be taken in the common areas:

a. One dust wipe sample from the floor for every 2,000 square feet;

b. One dust wipe sample from outside the containment area; and

c. Dust wipe samples as requested by the department based on findings of a compliance inspection conducted in accordance with He-P 1605.04;

(4) When lead hazard reduction work has occurred on an exterior surface(s), a dust wipe sample shall be taken from:

a. An exterior window sill on each floor where exterior work was performed, plus an additional window well from a lower floor; and

b. An adjacent horizontal surface in the outdoor living area, such as a porch floor, railing, exterior sill, or stoop; and

(5) When lead hazard reduction work has occurred in a multi-family dwelling with similarly constructed and maintained dwelling units, if random sampling is utilized it shall be conducted in accordance with 40 CFR Part 745.227(e)(9)(i)-(iii) or any subsequent amendments thereto.

(o) When the purpose of the final clearance inspection is to issue a subsequent certificate of lead safe - interim controls for the interior and interior common areas in accordance with He-P 1610.06(a), and when renovation, remodeling, or other dust generating activities have:

(1) Occurred, dust wipe samples shall be collected in accordance with (n) above as well as one dust wipe sample from the floor for every 2,000 square feet in the common areas; or

(2) Not occurred, dust wipe samples shall be collected from a windowsill, window well, and a floor in at least 3 areas where a child would likely spend time.

(p) A final clearance inspection on lead-contaminated soil shall include:

(1) Visual examination of exterior horizontal and accessible surfaces adjacent to the areas in which soil lead hazard reduction activities were conducted to ensure that no visible dust or debris are present; and

(2) Collection of random samples from the area in accordance with He-P 1608.04(b).

(q) Analysis of all dust wipe and soil samples shall be conducted pursuant to He-P 1608.04(b) and (c).

(r) The results of the dust wipe and soil sample analysis shall meet the following standards:

(1) Clearance lead levels in interior dust for a single dust wipe shall be:

a. Less than 10 micrograms per square foot on floors;

b. Less than 100 micrograms per square foot on interior window sills; and

c. Less than 100 micrograms per square foot on window wells;

(2) Clearance lead levels in interior dust for a composite dust wipe sample shall be calculated by dividing the clearance level as described in (1) above by half of the number of subsamples in the composite sample;

(3) The number calculated in (2) above shall be the clearance standard to be met for the composite sample on the floors, interior window sills, or window wells sampled;

(4) Lead levels in exterior dust shall be less than 800 micrograms per square foot; and

(5) Lead levels in replacement soil shall be tested and shall be confirmed to be less than 200 parts per million (ppm) pursuant to He-P 1609.02(e).

(s) When any residual dust level exceeds the clearance standards set forth in (r) above:

(1) The lead inspector or lead risk assessor shall immediately notify the lead abatement contractor and the owner or owner's agent verbally or in writing, within 24 hours of the receipt of sample results;

(2) The lead inspector or risk assessor shall require that all the components represented by the failed sample that were not previously sampled or that failed the dust test shall be cleaned again as described in He-P 1608.11(c)(6) and (7);

(3) After completing the cleaning described in (2) above, the lead inspector or risk assessor shall collect dust wipe samples from:

a. All components which failed the previous dust test; and

b. At least one component not previously tested for each component type that failed, except in the case of a floor where the sample shall be taken from a previously un-sampled floor area;

(4) The lead inspector or risk assessor shall have dust wipe and soil samples analyzed in accordance with He-P 1608.04(b) and (c); and

(5) If, during a second and subsequent final clearance inspection, the lead inspector or risk assessor determines through the analysis of the dust wipe samples that the level exceeds the clearance limits in (r) above, the lead abatement contractor or the person performing the lead hazard reduction work shall reimburse the owner for the cost of all future clearance inspections and sample testing.

(t) When a lead inspector or risk assessor conducts a final clearance inspection and finds that no lead exposure hazards remain and that all dust wipe and soil sample results are below the clearance levels set forth in (r) above, he or she shall:

(1) Notify the lead abatement contractor and the owner of such findings verbally within 24 hours of the receipt of all dust wipe and soil sample results;

(2) Document a written clearance inspection report detailing the results of the inspection within 14 business days of receipt of all dust wipe and soil sample results; and

(3) Submit a copy of the written clearance inspection report to the following, within 14 business days of receipt of all dust wipe and soil sample results:

a. The owner of the dwelling, dwelling unit, or child care facility;

b. The lead abatement contractor; and

c. The department for any dwelling, dwelling unit, or child care facility under an order of lead hazard reduction or other enforcement action pursuant to RSA 130-A or He-P 1600 or when the abatement work was completed utilizing a lead hazard remediation loan.

(u) The written clearance inspection report in (t)(2) above shall include the following:

(1) The date of the clearance inspection;

(2) A copy of the certificate, issued in accordance with He-P 1608.14;

(3) The printed name and license number of the person that performed the final clearance inspection;

(4) Name, address, and telephone number of any company or other person employing the inspector or risk assessor in that capacity;

(5) Name, license number, and address of all lead abatement contractors who worked at the dwelling, dwelling unit, or child care facility;

(6) 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 exterior areas including the locations of soil collection points;

(7) A schematic site plan of the area or a written description of the locations of dust sampling collection points;

(8) If not previously submitted to the department, a copy of the original risk assessment report and the date that the lead inspector or risk assessor verified that each surface or component requiring lead hazard reduction has been addressed;

(9) The specific testing device(s) used in the initial inspection or clearance inspection, their serial number, and sampling procedures employed;

(10) Name, address, and telephone number of all laboratories conducting analysis of collected samples;

(11) Copies of the results of all laboratory analyses and testing of all samples taken during the inspection;

(12) A description of all in-place management measures necessary to ensure the continued control of potential lead exposure hazards in the inspected dwelling pursuant to He-P 1608.16; and

(13) A copy of the work scope detailing the lead hazard control method employed for each hazard identified on the risk assessment report.

(v) The owner shall provide a copy of the written clearance inspection report required by (t)(2) above to occupants affected by the lead hazard reduction work within 5 days of receipt of the report by:

(1) Posting the report in a common area or entry for at least 5 days; or

(2) Hand delivering of a copy of the report to an adult occupant of each occupied dwelling unit in the dwelling.

N.H. Admin. Code § He-P 1608.12

#9986, eff 9-1-11 (from He-P 1606.07 )

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