Section Env-Dw 1407.09 - Department Inspections During Construction(a) The recipient shall allow the department to inspect the project during normal business hours in order to confirm that:(1) The materials furnished meet the approved specifications; and(2) The project is being built in accordance with the approved plans and specifications and any approved alterations. (b) In conjunction with project inspections, the department shall:(1) Inspect the materials that are visible at the time of the inspection to determine compliance with the approved plans and specifications; and(2) Document the manner and progress of the project, conditions relating to the materials furnished, and the contractor's compliance with the approved plans and specifications for the project.(c) Inspections by the department shall not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents, nor shall such inspections release the project engineer from determining compliance with the requirements of the contract documents.(d) The contractor and recipient shall provide the department with access to all areas of the project site, including moving materials and equipment if necessary, as needed for the department to determine whether the work as performed is in accordance with the requirements and intent of the contract.(e) The department shall, as soon as practicable, bring to the attention of the recipient and the resident project representative any discrepancies between the approved plans and specifications and the actual work observed of which it becomes aware through its inspections.(f) Upon being notified of any such discrepancies, the recipient and the resident project representative shall immediately:(1) Initiate necessary action to rectify the deficiencies; or(2) Provide documentation explaining the reason(s) for the discrepancies and demonstrating that the installation meets applicable requirements.(g) If the recipient's resident project representative disagrees with the department as to whether material furnished or work performed conforms with the terms of the construction contract, the recipient shall direct the resident project representative to reject questionable materials and initiate other action provided for in the construction contract, including suspension where necessary, until all disputed issues are resolved in accordance with the terms of the construction contract.N.H. Admin. Code § Env-Dw 1407.09
Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13164, Effective 1/26/2021, Expires 1/26/2031.