Section He-P 1609.01 - Abatement Requirements(a) Abatement activities shall not include: (1) Activities that fall under the EPA's Renovation, Repair, and Painting Rule 40 CFR 745, Subpart E, including renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but are designed to repair, restore, or remodel a given structure or dwelling, even though these activities might incidentally result in a reduction or elimination of lead-based paint hazards; or(2) Interim controls done in accordance with He-P 1610, operations and maintenance activities, or other measure and activities designed to temporarily, but not permanently, reduce human exposure or likely exposure to lead-based paint hazards.(b) All abatement activities shall be conducted in accordance with RSA 130-A and He-P 1600.(c) Abatement activities shall only be performed by persons licensed or certified in accordance with He-P 1612. (d) Activities conducted at an active abatement work site that do not disturb lead-based paint or generate dust may be performed by any person provided: (1) A licensed lead abatement supervisor is present at all times in accordance with He-P 1609.01(f); (2) The work scope is reviewed and approved by a NH licensed lead abatement contractor or supervisor in accordance with RSA 130-A:9,VI;(3) The individual does not engage directly in lead based substance abatement in accordance with RSA 130-A:9, VI;(4) All other requirements of He-P 1600 are followed;(5) The work is being conducted in an area free of dust and debris where all dust generating activities have been completed; and(6) The passing of a preliminary clearance as described in He-P 1608.12(d) has been achieved.(e) Examples of activities allowed to be performed by any person in accordance with (d) above include:(1) Installation of exterior siding;(2) Installation of interior carpeting or other floor covering where paint is not disturbed; (3) Enclosure of bare soil using asphalt or concrete;(4) Removal of a door from hinge pins;(5) Non-dust generating preparation to surfaces that are intact prior to the application of encapsulants per He-P 1609.03; (6) Application of encapsulants per He-P 1609.03; and (7) Other activities that do not disturb lead-based paint or cause dust generation with prior department approval following the submission of a "Request for a Variance" (May 2020). (f) Abatement activities, including those activities conducted under He-P 1609.01(d), shall only be performed when either a certified lead abatement supervisor or certified owner-contractor is present at the site.(g) During any abatement activity where there is a lead abatement supervisor present on the site, a licensed lead abatement contractor or certified owner-contractor shall be available to the supervisor, at a minimum, by telephone.N.H. Admin. Code § He-P 1609.01
#5920, eff 1-1-95; 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 1605.03 )
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030