Section He-P 1610.01 - Interim Control Standards(a) He-P 1610 shall apply to any persons engaged in lead hazard reduction as defined in He-P 1602.01(as) and who has chosen to utilize interim controls as a means of temporarily reducing lead exposure hazards on a dwelling, dwelling unit, or child care facility.(b) All interim control activities shall be conducted in accordance with RSA 130-A and He-P 1600.(c) When a property is under an order of lead hazard reduction, the owner shall request permission in writing from the commissioner to use interim controls as an alternative to abatement by completing and submitting a to the department, at least 5 business days prior to the anticipated start date of the lead hazard reduction work, a "Request for Interim Control Use Form" (May 2020) certifying the following: "I certify that I have read, understand, and agree to comply with the New Hampshire Lead Poisoning Prevention Rules (He-P 1600) and the Lead Poisoning Prevention Statute (RSA 130-A). I further certify that all information contained herein, including any supplements attached, is true and correct to the best of my knowledge and belief."
(d) In addition to the "Request for Interim Control Use Form" (May 2020), the owner shall submit: (1) A copy of the work scope as described in He-P 1602.01(b)(v); and(2) A copy of the occupant protection plan as described in He-P 1608.05.(e) Interim control work shall not be conducted on properties under an order of lead hazard reduction until written approval is received from the department.(f) The period of time to use interim controls on properties under an order of lead hazard reduction shall not exceed 5 years from the date of approval. After 5 years the property shall be abated and have a valid certificate of lead safe-abatement issued by a licensed risk assessor.(g) The commissioner shall deny a request to use interim controls when it is found that: (1) The person making the request is in violation of one or more provisions of RSA 130-A and He-P 1600; (2) The person making the request has outstanding administrative fines; or(3) The requested plan does not satisfy the intent of the rules as an alternative to complying with the rules.(h) The commissioner shall revoke permission for the use of interim controls and order the owner to abate all lead exposure hazards when it is found that: (1) The owner has failed to maintain a current certificate of lead hazard control - interim controls; or(2) When a compliance inspection conducted in accordance with He-P 1605.04 reveals that the property with a certificate of lead hazard control - interim controls no longer meets the requirements of He-P 1600.N.H. Admin. Code § He-P 1610.01
#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 (from He-P 1606.02 )
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030