N.H. Admin. Code § He-P 1604.03

Current through Register No. 50, December 12, 2024

Section He-P 1604.03 - Environmental Inspections

(a) In accordance with RSA 130-A:5, I, investigations shall include environmental inspections of dwellings, dwelling units, or of any child care facility, and testing environmental samples.

(b) Once the commissioner has notified an owner that an environmental inspection is to be conducted, the owner or owner's agent shall:

(1) Not re-rent any dwelling or dwelling unit included in the notification that is vacant or becomes vacant until such time as the inspection(s), as detailed in (c) through (e) below, have been:

a. Conducted;

b. The owner receives a written report from the commissioner; and

c. Has satisfied any order(s) issued on the dwelling or dwelling unit;

(2) Not perform any remodeling, renovating, maintenance, lead hazard reduction work, or any other dust- generating activity until such time as the inspection(s), as detailed in (c) through (e) below, have been:

a. Conducted;

b. The owner receives a written report from the commissioner; and

c. The activity follows any order(s) issued on the dwelling or dwelling unit ; and

(3) Complete and submit to the department a "Tenant Roster Form" (May 2020) at least 24 hours prior to the environmental inspection.

(c) In addition to the procedures set forth in RSA 130-A:6, the commissioner shall carry out the following procedures when conducting environmental inspections of dwellings or dwelling units where children have elevated blood lead levels as defined in RSA 130-A:5:

(1) Contact the child's parent or guardian to schedule the investigation;

(2) Arrange access for an environmental inspection with the owner or owner's agent;

(3) Collect the "Tenant Roster Form" (May 2020) from the owner or owner's agent;

(4) Test representative painted or varnished interior or exterior building surfaces, and collect water, soil, and dust samples, if applicable, corresponding with the dwelling that the child occupies or occupied when he or she was tested for lead exposure;

(5) Record all test results and note whether each identified lead-based substance constitutes a lead exposure hazard;

(6) Record the presence of chewed woodwork, including toys and furniture;

(7) Take representative photographs, if applicable, of areas where there is visual presence of chipping, peeling, or flaking paint;

(8) Request assistance from a parent or guardian in identifying a child's potential lead exposure, that shall include, but not be limited to, the following information:

a. A description of the child's habits that might increase risk of lead exposure;

b. Possible exposure to other sources of lead, such as lead in pottery and parental occupations and hobbies;

c. Previous addresses and length of residence;

d. A description of other dwellings, dwelling units, and child care facilities in which the child spends time;

e. Recent renovations which might have disturbed lead-painted surfaces; and

f. Any other information that may help identify potential sources of a child's lead exposure; and

(9) Obtain relevant information in accordance with this section.

(d) If a lead exposure hazard is determined to exist during the environmental inspection in (c) above, the commissioner shall conduct inspections of all other dwelling units of the dwelling, as applicable, as part of the investigation to include the following:

(1) All dwelling units disclosed on the "Tenant Roster Form" (May 2020) occupied by a child;

(2) All dwelling units disclosed on the "Tenant Roster Form" (May 2020) occupied by a pregnant woman;

(3) All dwelling units for which a "Tenant Roster Form" (May 2020) was not received by the department at least 24 hours prior to the inspection, as required by He-P 1604.03(b)(3), and assumed to be occupied by a child or pregnant woman;

(4) All dwelling units for which the occupancy status is unknown at the time of the inspection and assumed to be occupied by a child or pregnant woman;

(5) All dwelling units where evidence of being occupied by a child or pregnant woman is discovered during the inspection including discussions with tenants, presence of toys, and other visual or hearing cues; and

(6) All other dwelling units which the property owner has expressly requested to be inspected.

(e) Inspections conducted, as part of the investigation, in accordance with (d) above shall include the following:

(1) Arrange access for environmental inspections with the owner or owner's agent;

(2) Record the resident names and contact information;

(3) Test representative painted or varnished surfaces for the presence of lead-based substances;

(4) Record all test results and note whether each identified lead-based substance constitutes a lead exposure hazard;

(5) Record the presence of chewed woodwork, including toys and furniture;

(6) Record recent renovations, which might have disturbed lead-painted surfaces;

(7) Take representative photographs, if applicable, of areas where there is visual presence of chipping, peeling, or flaking paint; and

(8) Other activities conducted and documented to determine the presence of a lead-exposure hazard.

N.H. Admin. Code § He-P 1604.03

#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