Section He-P 1602.01 - Definitions(a) "Abatement" means measure(s) designed to permanently eliminate lead-based paint hazards as defined in 40 CFR Part 745.223 including: (1) Activities resulting in the permanent elimination of lead-based paint hazards, including all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures conducted by individuals certified or licensed in accordance with He-P 1612; (2) Activities resulting in the permanent elimination of lead-based paint hazards that are conducted in response to an investigation, an order of lead hazard reduction or other enforcement action undertaken by the commissioner pursuant to RSA 130-A:5 or RSA 130-A:7, or by a local health department pursuant to RSA-130-A:11, II; or(3) Any other measures or set of measures conducted in, or to, a residential dwelling, dwelling unit, or child-care facility designed to permanently eliminate lead-based paint hazards. (b) "Abrasive blasting" means the procedure of removing paint from a surface by using a mechanical force to apply an abrasive material, including sand, grit, or other abrasive material, to a painted surface.(c) "Bare soil" as used in the definition of "lead exposure hazard" in RSA 130-A:1, XVI, means soil or sand that is accessible to children or pets and is not covered with grass, sod, other vegetation, asphalt, concrete, decking, or other substantive covering, and includes soil or sand in a sandbox or play area.(d) "Blood lead level" means a blood lead measurement obtained by a diagnostic blood lead test conducted by a laboratory certified pursuant to 42 CFR Part 493 Medicare, Medicaid and Clinical Laboratory Improvement Amendments (CLIA) Program and, if applicable, licensed pursuant to He-P 808. (e) "Business entity" means a partnership, firm, association, corporation, sole proprietorship, or other business concern.(f) "Certificate of lead safe" means a certificate issued by a licensed risk assessor following a risk assessment or clearance inspection when no lead exposure hazards are identified or remain at the time of the inspection or assessment. (g) "Certification" means the process of being certified.(h) "Certified" means that an individual has a current valid certificate from the commissioner and has complied with all certification requirements set forth in this chapter.(i) "Chewable" means a horizontal accessible surface that protrudes more than a 1/2 inch and is located more than 6 inches but less than 4 feet from the ground or floor.(j) "Child" or "children" means "child" or "children" as defined in RSA 130-A:1, I.(k) "Child care facility" means "child care facility" as defined in RSA 130-A:1, II.(l) "Clearance inspection" means a visual assessment and collection and analysis of environmental samples following lead hazard reduction activities to determine that the lead hazard reduction activities are complete and no lead exposure hazards remain in the dwelling, dwelling unit, or child care facility.(m) "Commissioner" means "commissioner" as defined by RSA 130-A:1, III, or his or her designee.(n) "Common areas" means a portion of a building that is generally accessed by occupants and users including areas on the interior of the dwelling or exterior of the property such as hallways, stairways, laundry areas, attics, recreational rooms, yards, parking areas, play areas, and the building's exterior, garages, and boundary fences.(o) "Component" means specific design or structural elements or fixtures in the interior or on the exterior of the dwelling, dwelling unit, or child care facility that are distinguished from each other by form, function, or location onto which paint, stain, varnish, shellac, or other similar coating has been applied and which have a common substrate.(p) "Containment" means the physical measures taken to ensure that dust and debris created or released during lead hazard reduction are not spread, blown, or tracked from inside to outside the worksite.(q) "Damage" means failure of a paint film or the underlying substrate that results in the paint becoming detached or is at risk of becoming detached from the substrate, including: (1) Peeling, chipping, flaking, or chalking paint;(2) Plaster which is crumbling; (3) Paint that can be removed with a fingernail; or(4) Other paint film or underlying substrate failure.(r) "Department" means "department" as defined by RSA 130-A:1, IV.(s) "Deteriorated" means any condition of reduced structural or surface integrity.(t) "Dwelling" means "dwelling" as defined in RSA 130-A:1, V.(u) "Dwelling unit" means "dwelling unit" as defined in RSA 130-A:1, VI.(v) "Encapsulation" means "encapsulation" as defined in RSA 130-A:1, VII.(w) "Enclosure" means the use of rigid durable construction materials that are fastened to the substrate in order to act as a barrier between lead-based paint and the living space, and does not include encapsulants as defined in (v) above.(x) "Environmental inspection" means an inspection, conducted by the department, of the dwelling, dwelling unit, or child care facility of a child with an elevated blood lead level for the purpose of determining if lead exposure hazards exist.(y) "Environmental investigation" means the collection of documentation and evidence, used to determine potential sources of a child's elevated blood lead level.(z) "Environmental lead testing laboratory" means a laboratory recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP) to accurately analyze paint chips, dust, or soil samples for lead. (aa) "Friction surface" means a surface, such as a door, floor, stair, or window, which is subject to abrasion, damage, or deterioration with normal repeated use.(ab) "Good cause" means any circumstances beyond a person's control, that prevents that person from complying with an order of lead hazard reduction or taking some required action, including: (1) A death in the person's immediate family;(2) Personal injury or serious illness of the person or an immediate family member; or(3) Another compelling reason or justification.(ac) "Hazardous waste" means "hazardous waste" as defined in the New Hampshire Hazardous Waste Management Act, RSA 147-A:2, VII.(ad) "Health authority" means "health authority" as defined in RSA 130-A:1, VIII.(ae) "HEPA vacuum" means a vacuum cleaner equipped with a high-efficiency particulate air (HEPA) filter capable of capturing particles of 0.3 microns or greater from a body of air, with 99.97 percent efficiency, and is designed so that all air drawn into the machine is expelled through the HEPA filter.(af) "Impact surface" means a point of contact such as a door, floor, stair, or window where the component is subject to repeated impact through normal use, sufficient to cause damage or deterioration of lead-based paint.(ag) "In-place management" means "in-place management" as defined in RSA 130-A:1I, XI.(ah) "Interim controls" means "interim controls" as defined in RSA 130-A:1, IX.(ai) "Laboratory" means any site that tests blood lead levels on individuals residing in New Hampshire.(aj) "Lead abatement contractor" means "lead abatement contractor" as defined in RSA 130-A:1, XIV.(ak) "Lead abatement worker" means "lead abatement worker" as defined in RSA 130-A:1, X.(al) "Lead-based paint" means paint or other surface coating that contains lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight. (am) "Lead-based paint inspection" means a surface by surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.(an) "Lead-based substance" means "lead-base substance" as defined in RSA 130-A:1, XI.(ao) "Lead-based substance inspection" means a surface by surface investigation to determine the presence of lead-based paint, collection and analysis of environmental samples including dust and soil samples, and the provision of a report explaining the results of the investigation.(ap) "Lead-containing waste material" means any waste, debris, dust, or material intended for disposal, including items such as disposable equipment and clothing that contains lead that was generated by lead hazard reduction work regulated under this chapter.(aq) "Lead education program" means any persons or entities offering or providing lead educational programs to individuals or entities to be licensed or certified as lead inspectors, lead risk assessors, lead abatement supervisors, or lead abatement workers by the state of New Hampshire in accordance with RSA 130-A and He-P 1611.(ar) "Lead exposure hazard" means "lead exposure hazard" as defined in RSA 130-A:1, XVI.(as) "Lead hazard reduction" means measures used to control lead exposure hazards through abatement, interim controls, or a combination of the 2 measures.(at) "Lead inspection" means an examination to determine the presence of a lead-based substance, which can be used to evaluate an existing or potential lead exposure hazard, or to determine compliance with RSA 130-A or He-P 1600, and includes: (1) Clearance inspections, both preliminary and final;(2) Compliance inspections;(3) Environmental inspections, as part of investigations; (4) Lead-based paint inspections;(5) Lead-based substances inspections;(6) Inspections as part of a risk assessment; and(7) Any other examination to determine the presence of a lead-based substance, which can be used to evaluate an existing or potential lead exposure hazard, or to determine compliance with RSA 130-A or He-P 1600.(au) "Lead inspector" means "lead inspector" as defined in RSA 130-A:1, XV.(av) "Lead investigation survey report" means a report, prepared by the department, documenting an environmental investigation of a dwelling, dwelling unit, or child-care facility where a child with an elevated blood lead level resides or spends time in. (aw) "Lead professional" means an individual who performs lead-based paint activities for remuneration, including individuals licensed or certified in accordance with He-P 1612 such as a lead abatement worker, a lead abatement supervisor, a lead inspector, or a risk assessor.(ax) "Lead risk assessor" means "lead risk assessor" as defined in RSA 130-A:1, XVI-b.(ay) "Lead safe" means a designation made after a risk assessment or a clearance inspection has been completed and the dwelling, dwelling unit, or childcare facility does not have lead exposure hazards at the time of the assessment or inspection.(az) "Letter of recommendation" means a letter issued to an owner explaining steps he or she is recommended to take to identify and eliminate lead exposure hazards.(ba) "Licensed" means that a person has a currently valid license from the commissioner and has complied with all licensing requirements set forth in this chapter.(bb) "Licensure" means the process of obtaining a valid license.(bc) "Mini-containment area" means the construction of a temporary walled area to isolate a specific space requiring lead hazard reduction work in order to ensure that no dust or debris leaves the space while work is being performed. (bd) "Multi-family dwelling" means a dwelling consisting of 2 or more dwelling units on a single lot including: (7) Other dwellings consisting of 2 or more dwelling units on a single lot.(be) "Occupant" means "occupant" as defined in RSA 130-A:1, XVII.(bf) "Occupant protection plan" means the measures and management procedures that will be taken during the lead hazard reduction activities to protect the building occupants.(bg) "Occupied" means a dwelling, dwelling unit, or child care facility where a person resides in or uses.(bh) "Opt-out" means the procedure that parent(s) or guardian(s) follow to elect not to have their child(ren) tested for elevated blood lead levels, pursuant to RSA 130-A:5-c.(bi) "Order of lead hazard reduction" means an order issued by the commissioner requiring all lead exposure hazards be reduced or eliminated from a given dwelling, dwelling unit, or child care facility.(bj) "Owner" means "owner" as defined in RSA 130-A:1, XVIII.(bk) "Owner-contractor" means an individual who:(1) Owns 7 or fewer dwelling units;(2) Meets the lead abatement supervisor education and licensing requirements for an initial or renewed license but is not required to have 2 years' work experience;(3) Complies with the functions and responsibilities of a licensed lead abatement contractor and lead abatement supervisor; and(4) Performs lead hazard reduction work only on dwellings and dwelling units owned by the individual.(bl) "Owner occupied" means a dwelling or dwelling unit is in use and occupied by the owner as defined in RSA 130-A:1, XVIII.(bm) "Participating" or "participate" "in the management of a dwelling, dwelling unit, or child care facility" means "participating" or "participate" "in the management of a dwelling, dwelling unit, or child care facility" as defined in RSA 130-A:1, XIX.(bn) "Permanently" as used in the definition of "lead base substance abatement" in RSA 130-A:1II, XI, means that the duration of the method of abatement can reasonably be depended upon to last for a minimum of 20 years.(bo) "Person" means "person" as defined in RSA 130-A:1, XX.(bp) "Play area" means an area of bare soil contact by children as indicated by the following: (1) The presence of play equipment such as sandboxes, swing sets, and sliding boards;(2) Toys or other children's possessions;(3) Observations of play patterns or wear; (4) Information provided by parents, residents, care givers, or owners; or(5) Any other evidence given or observed indicating a child uses the area for play.(bq) "Risk assessment" means an on-site inspection conducted by a New Hampshire licensed risk assessor, to determine the existence, nature, severity, and location of lead exposure hazards, and the provision of a written report explaining the results of the inspection and options for reducing lead exposure hazards. (br) "Rooming house" means a dwelling with multiple rooms rented out individually in which tenants share bathroom and kitchen facilities.(bs) "Rooming unit" means any room or group of rooms forming a single habitable unit intended for living and sleeping, but not for cooking or eating.(bt) "Substrate" means the material underneath paint and includes materials such as brick, concrete, drywall, metal, plasters, and wood.(bu) "Window well" means, for a typical double-hung window, the portion of the exterior window sill between the interior window sill or stool and the frame of the storm window, or when there is no storm window, the area that receives both the upper and lower window sashes when they are both lowered. The term includes "window trough".(bv) "Work scope" means a written document detailing all lead hazard reduction activities including identification and location of each component as well as abatement or interim control methods planned for use for each component.(bw) "Work site" means an interior or exterior area where lead hazard reduction activity takes place. There might be more than one work site within a residential dwelling, dwelling unit, child care facility, or within individual rooms. When used, a mini containment system might constitute the work site.N.H. Admin. Code § He-P 1602.01
#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
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030