Section He-P 1608.10 - Control of Access(a) Until a clearance inspection has been completed and the dwelling, dwelling unit, or child care facility has been found to meet the criteria set forth in He-P 1608.12, the lead abatement contractor, owner-contractor, lead abatement supervisor, or any person(s) granted a variance by the commissioner shall: (1) Make certain that all occupants have been relocated outside the work area in accordance with the occupant protection plan and the United States Department of Housing and Urban Development (HUD) "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition) available as noted in Appendix A; and(2) Limit access and entry into any lead containment area to the following: a. The owner of the property where the lead hazard reduction work is occurring, or the owner's designee;b. Licensed or certified lead professionals;c. Any federal, state, or local official with jurisdiction over one or more of the activities within the work area; andd. Non-licensed or non-certified workers only after a preliminary clearance inspection has been obtained as described in He-P 1608.12(a)-(e).(b) The lead abatement contractor, owner-contractor, lead abatement supervisor, or any person(s) granted a variance by the commissioner shall maintain an access control log for persons who have entered any lead hazard reduction work area as allowed in (a)(2) above.(c) All individuals entering and exiting the lead hazard reduction work area shall provide the following information on the access log:(2) Printed name and signature of person entering the lead hazard reduction work area;(3) Employer of person entering the lead hazard reduction work area; and(4) Time of entry and exit.(d) The lead abatement contractor, owner-contractor, lead abatement supervisor, or any person(s) granted a variance by the commissioner shall ensure that the lead hazard reduction work does not violate state laws, rules, or local ordinances for health, building and fire safety for access to the dwelling, dwelling unit, or child care facility.(e) Whenever lead hazard reduction work is being performed in any common or shared area of an occupied dwelling or child care facility, the following shall apply: (1) The lead abatement contractor, owner-contractor, lead abatement supervisor, or any person(s) granted a variance by the commissioner shall conduct work in phases, or shall ensure that an uncontaminated passage that is in compliance with all state laws, rules, or local ordinances for health, building, and fire safety exists for entry and egress from the dwelling, dwelling unit(s), or child care facility for all occupants to use; and(2) When it is not possible to preserve an uncontaminated passage for entrance and exit of all occupants from the dwelling in compliance with all state laws, rules, or local ordinances for health, building, and fire safety: a. Lead hazard reduction work shall only be conducted in any common area when all occupants whose access is affected by the lead hazard reduction work are out of the building during all work periods provided that:1. The work area shall be cleaned with a HEPA vacuum at the end of each work period;2. The HEPA vacuuming shall be followed by a wet washing using a general all-purpose or lead-specific cleaner; and3. After the work area is completely dry, a repeat HEPA vacuuming shall be done until all surfaces are free of visible dust and debris; orb. The owner shall comply with the provisions of RSA 130-A:8-a regarding the relocation of building occupants whose access is affected by the lead hazard reduction activities for the duration of the work, which hinders access.N.H. Admin. Code § He-P 1608.10
#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