N.H. Admin. Code § He-P 1610.06

Current through Register No. 48, November 27, 2024
Section He-P 1610.06 - Maintaining a Certificate of Lead Safe for Interim Controls
(a) When interim controls have been implemented on a dwelling, dwelling unit, or child-care facility in response to an order of lead hazard reduction, the owner shall maintain a current certificate of lead hazard control - interim controls until:
(1) All lead hazards have been abated from the dwelling, dwelling unit, or child-care facility;
(2) The dwelling, dwelling unit, or child-care facility has been completely destroyed and any remaining lead exposure hazards have been abated;
(3) The entire dwelling or dwelling unit is removed from the rental market and all lead hazards within the common areas, exterior, outbuildings, and soils have been abated;
(4) The dwelling or dwelling unit is not used for residential purposes; or
(5) The property no longer houses a child care facility and is not used for residential purposes.
(b) A certificate of lead safe - interim controls issued in accordance with He-P 1608.14 shall expire one year from the date of its issuance.
(c) The owner shall have the certificate of lead safe - interim controls renewed annually as follows:
(1) A licensed risk assessor or lead inspector shall conduct a clearance inspection in accordance with He-P 1608.12(f); and
(2) A licensed risk assessor shall issue a new certificate of lead safe - interim controls when it is determined that no lead exposure hazards exist and dust samples meet the standards in He-P 1608.12(r).
(d) The owner shall submit the new certificate of lead safe - interim controls to the commissioner prior to the expiration of the current certificate.
(e) Failure to submit a new certificate of lead safe - interim controls prior to the expiration of the current certificate shall result in the commissioner revoking approval for the use of interim controls and ordering the owner to abate all lead exposure hazards.
(f) When a compliance inspection conducted in accordance with He-P 1605.04 reveals that a property with a certificate of lead safe - interim controls no longer meets the requirements of He-P 1600, the commissioner shall revoke the certificate of lead safe - interim controls and order the owner to abate all lead exposure hazards.
(g) If an owner is ordered to abate all lead exposure hazards pursuant to (e) or (f) above, the owner shall have 90 days to submit a certificate of lead safe - abatement to the commissioner.
(h) An owner shall be granted permission to utilize interim controls on a property under order of lead hazard reduction only for a period not to exceed 5 years from approval by the department.

N.H. Admin. Code § He-P 1610.06

#9986, eff 9-1-11 (from He-P 1606.08 )

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