Section He-P 1608.17 - Review and Validation of Certificates(a) The department shall: (1) Conduct a document review to validate all certificates of lead hazard control have been submitted to the department;(2) Conduct compliance inspections to validate the issuance of any certificate of lead hazard control; and(3) Such compliance inspections shall:a. Be conducted whenever the validity of the certificate of lead hazard control is unclear through the document review conducted in (1) above;b. Be conducted, at least once annually, for each licensed risk assessor submitting certificates of lead hazard control to the department; c. Be conducted within 30 days of receipt of the certificate by the department; andd. Be arranged with the property owner to grant access to the dwelling, dwelling unit, or child-care facility.(b) Any person may request the department to review and validate any certificate issued pursuant to He-P 1608.14, in accordance with RSA 130-A:10, III, by filing a written request with the department including:(1) The name and address of the requester;(2) The address and location of the dwelling, dwelling unit, or child care facility that is the subject of the request;(3) The name and address of the owner, if known; and(4) The name and address of the licensed lead inspector or licensed risk assessor who performed the inspection, if known.(c) Within 60 days after receiving a request for review of a certificate, the department shall contact the requester, the owner, and the risk assessor who prepared the certificate and conduct a site visit and inspection, as necessary, to determine the existence of any lead exposure hazard, in accordance with the procedures set forth in He-P 1605.04.(d) If a lead exposure hazard is discovered during a compliance inspection, the commissioner shall: (1) Contact the owner or owner's agent, lead risk assessor, and lead abatement contractor, or person granted a variance by the department to address the hazards; and (2) Invalidate the certificate of lead hazard control and enforce the order of lead hazard reduction if after 10 business days the lead exposure hazard still exists.(e) The department shall not conduct a review and validation for the following:(1) Buildings which do not meet the definition of a dwelling, dwelling unit, or child care facility; or(2) Dwellings, dwelling units, or child care facilities built after 1978.N.H. Admin. Code § He-P 1608.17
#9986, eff 9-1-11 (from He-P 1608.09 )
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030