New Hampshire Revised Statutes 130-A:9 – Prohibitions
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I. No person shall perform or cause to be performed lead base substance abatement, in-place management, or interim controls in a dwelling or dwelling unit, or in any child care facility, in any manner other than as provided for in rules adopted under N.H. Rev. Stat. § 130-A:10.
II. No person shall perform or cause to be performed a lead inspection or lead risk assessment, as defined in HE-P 1600, in a dwelling or dwelling unit or in a child care facility in any manner other than as provided for in rules adopted under N.H. Rev. Stat. § 130-A:10.
III. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction when the method of reduction causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under N.H. Rev. Stat. § 130-A:7.
IV. No person performing inspections or lead risk assessments, as defined in HE-P 1600, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction.
V. No person shall advertise or otherwise offer or make available services as a lead inspector, lead risk assessor, or lead abatement contractor without being licensed under N.H. Rev. Stat. § 130-A:12.
VI. No person shall engage any individual for lead base substance abatement who has not been tested and certified under N.H. Rev. Stat. § 130-A:12. However, individuals not certified under N.H. Rev. Stat. § 130-A:12, II, may engage in activities related to a lead exposure hazard reduction plan, such as, but not limited to, installation of exterior siding, carpet or paving, or application of encapsulants, provided that the individual does not engage directly in lead based substance abatement and the plan is reviewed and approved by a contractor licensed under N.H. Rev. Stat. § 130-A:12, I.
VII. No training program shall be offered in this state for the purposes of training lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers that has not been certified under N.H. Rev. Stat. § 130-A:12.
II. No person shall perform or cause to be performed a lead inspection or lead risk assessment, as defined in HE-P 1600, in a dwelling or dwelling unit or in a child care facility in any manner other than as provided for in rules adopted under N.H. Rev. Stat. § 130-A:10.
Terms Used In New Hampshire Revised Statutes 130-A:9
- 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
- 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
- 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 base substance: means :
(a) When present in a dried film of paint or other coating on walls, woodwork or other surfaces, or in plaster, putty or other substances:
(1) The presence of lead equal to or greater than 1. See New Hampshire Revised Statutes 130-A:1 - Lead base substance abatement: means any set of measures designed to permanently eliminate a lead exposure hazard, including removal, containment, encapsulation, or replacement of surfaces or fixtures that present a lead exposure hazard and all preparation, cleanup, and post abatement clearance testing associated with such measures. 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
- Lead inspector: means any person or entity engaged in inspections for the presence of lead base substances. See New Hampshire Revised Statutes 130-A:1
- Lead risk assessor: means an individual who conducts risk assessments, as defined in He-P 1602. 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. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction when the method of reduction causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under N.H. Rev. Stat. § 130-A:7.
IV. No person performing inspections or lead risk assessments, as defined in HE-P 1600, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction.
V. No person shall advertise or otherwise offer or make available services as a lead inspector, lead risk assessor, or lead abatement contractor without being licensed under N.H. Rev. Stat. § 130-A:12.
VI. No person shall engage any individual for lead base substance abatement who has not been tested and certified under N.H. Rev. Stat. § 130-A:12. However, individuals not certified under N.H. Rev. Stat. § 130-A:12, II, may engage in activities related to a lead exposure hazard reduction plan, such as, but not limited to, installation of exterior siding, carpet or paving, or application of encapsulants, provided that the individual does not engage directly in lead based substance abatement and the plan is reviewed and approved by a contractor licensed under N.H. Rev. Stat. § 130-A:12, I.
VII. No training program shall be offered in this state for the purposes of training lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers that has not been certified under N.H. Rev. Stat. § 130-A:12.