New Hampshire Revised Statutes 130-A:6 – Inspections
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I. The commissioner may, as part of an investigation conducted under N.H. Rev. Stat. § 130-A:5, conduct an inspection of any leased or rented dwelling or dwelling unit during business hours, or at a time mutually agreed upon with the owner or the owner’s agent, for the purposes of identifying the presence of lead base substances. The commissioner shall provide the findings of the inspection to the occupant and to the owner or the owner’s agent. If the leased or rented dwelling has multiple units, and if a lead exposure hazard is determined to exist during an investigation conducted under N.H. Rev. Stat. § 130-A:5, the commissioner may conduct inspections of all other dwelling units of the leased or rented dwelling occupied by a child or pregnant woman with the owner or owner’s agent for the purposes of identifying the presence of lead base substances. The commissioner shall provide the findings of the inspection to the occupant and the owner or the owner’s agent. When a lead exposure hazard is determined to exist per N.H. Rev. Stat. § 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with N.H. Rev. Stat. § 130-A:7 requiring lead hazard reduction to the owner and, if appropriate, to the owner’s agent. When a lead exposure hazard is determined to exist per N.H. Rev. Stat. § 130-A:1, XVI(d), the commissioner may issue an order in accordance with N.H. Rev. Stat. § 130-A:7 requiring lead hazard reduction to the owner and, if appropriate, to the owner’s agent. The commissioner shall provide a copy of the order to the owner or owner’s agent and to the occupant of the dwelling unit. The commissioner shall notify all tenants of the dwelling of lead exposure hazard findings in common areas. Upon request, the owner or owner’s agent shall provide a copy of the order to the occupants of any dwellings or dwelling units located within the same lot at no charge.
II. The commissioner may, as part of an investigation conducted under N.H. Rev. Stat. § 130-A:5, if the lead-poisoned child spends 10 hours or more a week at the facility, and after making reasonable efforts to notify the owner of a child care facility and the license holder, conduct an inspection of a child care facility constructed prior to 1978, during business hours or at a time mutually agreed to, for the purposes of identifying the presence of lead base substances. The findings of the inspection shall be provided to the owner, to the license holder, and to the health authority. When a lead exposure hazard is determined to exist per N.H. Rev. Stat. § 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with N.H. Rev. Stat. § 130-A:7 requiring lead hazard reduction to the owner and to the license holder. When a lead exposure hazard is determined to exist per N.H. Rev. Stat. § 130-A:1, XVI(d), the commissioner may issue an order in accordance with N.H. Rev. Stat. § 130-A:7 requiring lead hazard reduction to the owner and to the license holder. The commissioner shall provide a copy of the order to the owner and to the license holder and a notice of findings, to the state child care licensing unit, and to the health authority. The owner or license holder shall provide notice of the findings of lead hazard exposure, provided by the commissioner, to the parents or guardians of children who use the child care facility.
III. The commissioner may, as part of an investigation conducted under N.H. Rev. Stat. § 130-A:5 and when the child reported under N.H. Rev. Stat. Chapter 141-A resides in a dwelling or dwelling unit owned by the child’s parents or guardians, conduct an inspection with the consent of the owner at a time convenient to the owner and provide to the owner the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide a notice to the owner and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.
IV. The commissioner may, as part of an investigation carried out under N.H. Rev. Stat. § 130-A:5, conduct an inspection of structures other than the dwelling or dwelling unit of the child and child care facilities used by the child. The inspection shall be conducted with the consent of the owner, manager, or other person in charge of the facility or structure at a time convenient to the owner, manager or other person in charge. Such inspections shall be made only when there are reasonable grounds to suspect that a lead exposure hazard may exist. The commissioner shall provide to the owner, manager or other person in charge the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide to the owner, manager or other person in charge, the child’s health care provider and the health authority a notice and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.
V. The commissioner, or designee, may conduct inspections during lead hazard reduction activity to assure that the activity is conducted in accordance with rules adopted under this chapter.
VI. Inspections shall be carried out in accordance with rules adopted under N.H. Rev. Stat. § 130-A:10.
II. The commissioner may, as part of an investigation conducted under N.H. Rev. Stat. § 130-A:5, if the lead-poisoned child spends 10 hours or more a week at the facility, and after making reasonable efforts to notify the owner of a child care facility and the license holder, conduct an inspection of a child care facility constructed prior to 1978, during business hours or at a time mutually agreed to, for the purposes of identifying the presence of lead base substances. The findings of the inspection shall be provided to the owner, to the license holder, and to the health authority. When a lead exposure hazard is determined to exist per N.H. Rev. Stat. § 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with N.H. Rev. Stat. § 130-A:7 requiring lead hazard reduction to the owner and to the license holder. When a lead exposure hazard is determined to exist per N.H. Rev. Stat. § 130-A:1, XVI(d), the commissioner may issue an order in accordance with N.H. Rev. Stat. § 130-A:7 requiring lead hazard reduction to the owner and to the license holder. The commissioner shall provide a copy of the order to the owner and to the license holder and a notice of findings, to the state child care licensing unit, and to the health authority. The owner or license holder shall provide notice of the findings of lead hazard exposure, provided by the commissioner, to the parents or guardians of children who use the child care facility.
Terms Used In New Hampshire Revised Statutes 130-A:6
- Child: or "children" means a person or persons 72 months of age or less. See New Hampshire Revised Statutes 130-A:1
- Child care facility: means a facility required to be licensed under the provisions of N. See New Hampshire Revised Statutes 130-A:1
- children: means a person or persons 72 months of age or less. See New Hampshire Revised Statutes 130-A:1
- Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 130-A:1
- Dwelling: means a structure used or intended for human habitation, including interior and exterior surfaces, and may include common areas and all other property, including land and other structures, located within the same lot. See New Hampshire Revised Statutes 130-A:1
- Dwelling unit: means any room, group of rooms or other interior area of a dwelling or other structure, all or part of which is offered or made available for human habitation, and may include all common areas of the unit and exterior surfaces. See New Hampshire Revised Statutes 130-A:1
- Health authority: means any health officer appointed under N. See New Hampshire Revised Statutes 130-A:1
- Health care provider: means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, and any officer, employee or agent of such provider acting in the course and scope of employment or agency related to or supportive of health care services. See New Hampshire Revised Statutes 130-A:1
- Lead exposure hazard: means :
(a) The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than
1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;
(b) Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;
(c) Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or
(d) Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than the limits defined in N. See New Hampshire Revised Statutes 130-A:1 - Lead hazard reduction: means a set of measures designed to reduce a lead exposure hazard, including abatement, interim controls, or a combination of them. See New Hampshire Revised Statutes 130-A:1
- Occupant: means any person who legally resides in a dwelling or dwelling unit. See New Hampshire Revised Statutes 130-A:1
- Owner: means any person who, alone or jointly or severally with others, has legal title to any dwelling, dwelling unit, or child care facility, or a person who has charge, care or control of a dwelling, dwelling unit, or child care facility as an agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. See New Hampshire Revised Statutes 130-A:1
- Person: means any individual, corporation, company, association, partnership or other entity and includes town, city, county and state governmental agencies. See New Hampshire Revised Statutes 130-A:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The commissioner may, as part of an investigation conducted under N.H. Rev. Stat. § 130-A:5 and when the child reported under N.H. Rev. Stat. Chapter 141-A resides in a dwelling or dwelling unit owned by the child’s parents or guardians, conduct an inspection with the consent of the owner at a time convenient to the owner and provide to the owner the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide a notice to the owner and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.
IV. The commissioner may, as part of an investigation carried out under N.H. Rev. Stat. § 130-A:5, conduct an inspection of structures other than the dwelling or dwelling unit of the child and child care facilities used by the child. The inspection shall be conducted with the consent of the owner, manager, or other person in charge of the facility or structure at a time convenient to the owner, manager or other person in charge. Such inspections shall be made only when there are reasonable grounds to suspect that a lead exposure hazard may exist. The commissioner shall provide to the owner, manager or other person in charge the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide to the owner, manager or other person in charge, the child’s health care provider and the health authority a notice and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.
V. The commissioner, or designee, may conduct inspections during lead hazard reduction activity to assure that the activity is conducted in accordance with rules adopted under this chapter.
VI. Inspections shall be carried out in accordance with rules adopted under N.H. Rev. Stat. § 130-A:10.