Section He-P 1612.02 - Licensing or Certification Requirements(a) All individuals and business entities performing lead hazard reduction activities shall be licensed or certified, as applicable, in accordance with RSA 130-A and this part. (b) The following categories of lead professionals and business entities shall be licensed by the department: (3) Lead abatement contractor.(c) The following categories of lead professionals shall be certified by the department: (1) Lead abatement supervisor; and(2) Lead abatement worker.(d) Pursuant to RSA 130-A, an owner-contractor shall not be required to be licensed, but he or she shall comply with all applicable licensing requirements, including the successful completion of a lead abatement supervisor educational program, successful completion of the required proficiency examinations, and submission of an application to the department.(e) To be licensed as a lead risk assessor, an individual shall be 18 years of age or older and meet the following requirements: (1) Successfully complete a lead risk assessor educational program certified in accordance with He-P 1611;(2) Successfully complete the proficiency examinations described in He-P 1612.04;(3) The individual shall be a NH licensed lead inspector for a minimum of one year and shall have one of the following combinations of work and education requirements: a. A bachelor's degree in environmental science, environmental engineering, environmental remediation, or environmental health;b. A bachelor's degree in any discipline and one year of experience by the individual in a related field of lead, asbestos, environmental remediation work, or construction;c. An associate's degree in any discipline and a minimum of 2 years of experience by the individual in a related field of lead, asbestos, environmental remediation work, or construction;d. A high school diploma or equivalent and a minimum of 3 years of experience by the individual in a related field of lead, asbestos, environmental remediation work, or construction; ore. Be licensed as an industrial hygienist, civil, environmental, or structural engineer, architect, or environmental health practitioner;(4) The individual shall have performed all aspects of lead and clearance inspections as detailed in (f)(4) and (5) below and all aspects of at least 5 risk assessments on 5 separate dwellings;(5) The risk assessments required in (4) above shall:a. Be conducted after the successful completion of the risk assessor lead educational program;b. Be conducted for inspections completed in New Hampshire over a period of at least 30 days but, no more than 90 days; c. Be conducted in accordance with He-P 1608; d. Be documented in accordance with He-P 1608 and sent to the department, either with or without redaction of the information requested in He-P 1608.01(e)(2) and He-P 1608.01(e)(6), for review within 10 days of completion of each risk assessment; ande. Be conducted under a supervised apprenticeship which shall be completed with a New Hampshire licensed risk assessor who has been licensed for a minimum of 2 years as a New Hampshire risk assessor.(f) To be licensed as a lead inspector, an individual shall be 18 years of age or older and meet the following requirements:(1) Successfully complete a lead inspector educational program certified in accordance with He-P 1611;(2) Successfully complete the proficiency examinations described in He-P 1612.04; and(3) Have one of the following combinations of work and education requirements:a. A bachelor's degree in any discipline; no experience required;b. An associate's degree in any discipline and a minimum of one year of experience by the individual in a related field of lead, asbestos, housing repair or inspection, or environmental remediation work; orc. A high school diploma or equivalent and a minimum of 2 years of experience by the individual in a related field of lead, asbestos, housing repair or inspection, or environmental remediation work;(4) The individual shall have performed all aspects of: a. Five lead-based paint inspections performed in accordance with He-P 1608.02(a) on 5 separate dwellings;b. Five lead-based substance inspections performed in accordance with He-P 1608.02(b) on 5 separate dwellings;c. Three preliminary clearance inspections performed in accordance with He-P 1608.12 on 3 separate dwelling or dwelling units; andd. Two full clearance inspections performed in accordance with He-P 1608.12 on 2 separate dwellings.(5) The inspections required in (4) above shall:a. Be conducted after the successful completion of the lead inspector lead educational program;b. Be conducted for inspections completed in New Hampshire over a period of at least 30 days but, no more than 180 days; c. Be conducted in accordance with He-P 1608.02 and He-P 1608.12;d. Be documented in accordance with He-P 1608 and sent to the department, either with or without redaction of the information requested in He- P 1608.01(e)(2), He-P 1608.01(e)(6), and He-P 1608.14(c)(1), for review within 10 days of completion of each inspection; e. Be prepared for a minimum of 5 separate dwellings or dwelling units collectively; and f. Be conducted under a supervised apprenticeship which shall be completed with a New Hampshire licensed risk assessor who has been licensed for a minimum of 2 years as a New Hampshire risk assessor.(g) To be licensed as a lead abatement contractor or to renew an existing lead abatement contractor license, an individual or business entity shall submit to the department a completed "Lead Abatement Contractor Application" (May 2020) and 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 understand I shall employ only individuals certified or licensed in accordance with He-P 1612, including lead-certified or licensed employees or lead-certified or licensed subcontractor personnel to conduct lead-based paint activities, and all employees and lead-certified subcontractors shall follow the work practice standards of He-P 1600. I further certify that all information contained herein, including any supplements attached, is true and correct to the best of my knowledge and belief."
(h) Along with the "Lead Abatement Contractor Application" (May 2020), the applicant shall demonstrate that he or she meets all applicable standards and requirements, including the following: (1) Evidence that the business entity: a. Employs a lead abatement supervisor, lead inspector, or risk assessor certified in accordance with He-P 1612; andb. If applicable, has an up-to-date written worker protection program that conforms with the following OSHA standards: 1. The standard for Respiratory Protection, 29 CFR 1910.134; and 2. The standard for Lead in Construction, 29 CFR 1926.62; (2) A list of all lead associated citations and notices of violation received in the United States including the name of the issuing agency or department and the final disposition of such citation or notice;(3) A list of states in which the applicant holds a license, certification, accreditation, or any other approval for lead abatement activity and description of the licensed activity;(4) A list of the names of the applicant's principals or officers, and any persons with a controlling interest in the business;(5) A list of all other entities that perform lead abatement activities of which the applicant or its principals or officers, or persons with a controlling interest, is a principal or officer, or person with a controlling interest;(6) A list of all names and acronyms by which the applicant's business entity is known or under which it does or has done business;(7) A statement certifying that all of the information provided in support of the application is true and complete; (8) A list of all individuals in the contractor's employ that perform lead abatement activities including first and last names and license numbers; and(9) A statement attesting that the business entity shall employ only individuals certified or licensed in accordance with He-P 1612, including lead-certified or licensed employees or lead-certified or licensed subcontractor personnel to conduct lead-based paint activities, and that the business entity and its employees and lead-certified subcontractors will follow the work practice standards of He-P 1600.(i) To be certified as an owner-contractor, an individual shall be 18 years of age or older and meet the following requirements:(1) Successful completion of a lead abatement supervisor educational program certified in accordance with He-P 1611;(2) Successful completion of the proficiency examinations described in He-P 1612.04; and(3) Have at least 2 years of work experience in asbestos, lead, environmental remediation, or in the building trades.(j) To be certified as lead abatement supervisor, an individual shall be 18 years of age or older and meet the following requirements: (1) Successful completion of a lead abatement supervisor educational program certified in accordance with He-P 1611;(2) Successful completion of the proficiency examinations described in He-P 1612.04; and(3) The individual shall have the following experience requirements:a. At least 12 months of work experience as a certified lead abatement worker; orb. Have at least 2 years of work experience in asbestos, lead, environmental remediation, or in the building trades. (k) To be certified as a lead abatement worker, an individual shall be 18 years of age or older and successfully complete a lead abatement worker educational program certified in accordance with He-P 1611.(l) Any individual who has a current New Hampshire license as a lead inspector or risk assessor on the effective date of these rules and who continuously maintains that license shall not be required to meet the requirements in (e)(4)-(5) and (f)(4)-(5) above.(m) A refresher lead educational program, certified in accordance with He-P 1611 and specific to the discipline of lead professional being applied for, shall be successfully completed annually.(n) All individuals licensed or certified under this part shall notify the department, in writing, within 30 days of any changes to any of the information contained on the most current application submitted to the department.N.H. Admin. Code § He-P 1612.02
#5920, eff 1-1-95; amd by #6096, eff 9-22-95; 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