New Hampshire Revised Statutes 130-A:10 – Rulemaking
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The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Qualifications and procedures for licensure of lead inspectors, lead risk assessors, and lead abatement contractors, in accordance with N.H. Rev. Stat. § 130-A:12. The rules shall provide for reciprocity with other states having similar standards.
II. Standards and procedures for the testing and certification of lead abatement workers and lead clearance testing technicians, in accordance with N.H. Rev. Stat. § 130-A:12. The rules shall provide for reciprocity with other states having similar standards.
III. The conduct of inspections and inspection standards for lead inspectors and lead risk assessors, including procedures for issuing certificates of inspection and certifications of compliance and for the review and validation of such certificates or certifications by the department for any person who so requests.
IV. Fees to be collected for the issuance of licenses to lead inspectors, lead risk assessors, lead abatement contractors, for certification of lead abatement workers and lead clearance testing technicians, for testing resulting from investigations, for certifications of training programs, exam and training fees, for notifications under RSA 130-A, and other environmental fees. Property owners who own more than 4 but fewer than 7 dwelling units shall pay a fee for licensure which is
1/2 of that paid by other lead abatement contractor licensees. Such reduced fee license shall only be valid for work on dwellings or dwelling units owned by such license holder.
V. Procedures for the conduct of investigations carried out under N.H. Rev. Stat. § 130-A:5, including the conduct of inspections and establishment of a blood lead level requiring an inspection.
VI. Procedures for issuing orders under N.H. Rev. Stat. § 130-A:7, including procedures for extending the time available for lead hazard reduction and interim controls for leased or rented dwellings where no child resides or frequents regularly at the time of inspection and issuance of the order.
VII. Procedures for notification activities carried out under N.H. Rev. Stat. § 130-A:14.
VIII. Procedures for lead hazard reduction, in-place management, and interim controls for interior and exterior surfaces. The procedures shall include methods of abatement and the measures necessary to protect the health and safety of lead abatement workers and to control the release of lead base substances to the environment. The commissioner shall allow for the use of alternate procedures that result in the same level of protection as otherwise provided by the rules adopted under this chapter.
IX. A schedule of administrative fines which may be imposed under N.H. Rev. Stat. § 130-A:14 for a violation of this chapter or the rules adopted pursuant to it.
X. Procedures for notice and opportunity for a hearing prior to the imposition of an administrative fine imposed under N.H. Rev. Stat. § 130-A:14.
XI. Standards for training programs for lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers.
XII. Procedures for reporting of laboratory test results under N.H. Rev. Stat. § 130-A:3.
XIII. Standards and procedures for certifying laboratories performing tests to detect or measure lead in human body fluids or tissues.
XIV. Paints and other substances which may be approved as encapsulants.
XV. Standards and procedures for granting a variance from compliance with one or more provisions of RSA 130-A.
I. Qualifications and procedures for licensure of lead inspectors, lead risk assessors, and lead abatement contractors, in accordance with N.H. Rev. Stat. § 130-A:12. The rules shall provide for reciprocity with other states having similar standards.
Terms Used In New Hampshire Revised Statutes 130-A:10
- Child: or "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
- Department: means 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
- In-place management: means the use of maintenance or administrative controls, including specialized cleaning and periodic monitoring, to prevent lead base substances from becoming lead exposure hazards. See New Hampshire Revised Statutes 130-A:1
- Interim controls: means a set of measures designed to reduce temporarily human exposure or likely exposure to lead exposure hazards, including regular cleaning, repairs, maintenance, painting, or temporary containment, and the establishment and operation of management and resident education programs. See New Hampshire Revised Statutes 130-A:1
- Lead abatement contractor: means any person or entity engaged in lead base substance abatement. 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
- 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
II. Standards and procedures for the testing and certification of lead abatement workers and lead clearance testing technicians, in accordance with N.H. Rev. Stat. § 130-A:12. The rules shall provide for reciprocity with other states having similar standards.
III. The conduct of inspections and inspection standards for lead inspectors and lead risk assessors, including procedures for issuing certificates of inspection and certifications of compliance and for the review and validation of such certificates or certifications by the department for any person who so requests.
IV. Fees to be collected for the issuance of licenses to lead inspectors, lead risk assessors, lead abatement contractors, for certification of lead abatement workers and lead clearance testing technicians, for testing resulting from investigations, for certifications of training programs, exam and training fees, for notifications under RSA 130-A, and other environmental fees. Property owners who own more than 4 but fewer than 7 dwelling units shall pay a fee for licensure which is
1/2 of that paid by other lead abatement contractor licensees. Such reduced fee license shall only be valid for work on dwellings or dwelling units owned by such license holder.
V. Procedures for the conduct of investigations carried out under N.H. Rev. Stat. § 130-A:5, including the conduct of inspections and establishment of a blood lead level requiring an inspection.
VI. Procedures for issuing orders under N.H. Rev. Stat. § 130-A:7, including procedures for extending the time available for lead hazard reduction and interim controls for leased or rented dwellings where no child resides or frequents regularly at the time of inspection and issuance of the order.
VII. Procedures for notification activities carried out under N.H. Rev. Stat. § 130-A:14.
VIII. Procedures for lead hazard reduction, in-place management, and interim controls for interior and exterior surfaces. The procedures shall include methods of abatement and the measures necessary to protect the health and safety of lead abatement workers and to control the release of lead base substances to the environment. The commissioner shall allow for the use of alternate procedures that result in the same level of protection as otherwise provided by the rules adopted under this chapter.
IX. A schedule of administrative fines which may be imposed under N.H. Rev. Stat. § 130-A:14 for a violation of this chapter or the rules adopted pursuant to it.
X. Procedures for notice and opportunity for a hearing prior to the imposition of an administrative fine imposed under N.H. Rev. Stat. § 130-A:14.
XI. Standards for training programs for lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers.
XII. Procedures for reporting of laboratory test results under N.H. Rev. Stat. § 130-A:3.
XIII. Standards and procedures for certifying laboratories performing tests to detect or measure lead in human body fluids or tissues.
XIV. Paints and other substances which may be approved as encapsulants.
XV. Standards and procedures for granting a variance from compliance with one or more provisions of RSA 130-A.