§ 130-A:10 — Rulemaking

New Hampshire § 130-A:10

• Jurisdiction: New Hampshire
• Title X: PUBLIC HEALTH
• Ch. 130-A: LEAD PAINT POISONING PREVENTION AND CONTROL

Text

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Qualifications and procedures for licensure of lead inspectors, lead risk assessors, and lead abatement contractors, in accordance with RSA 130-A:12. The rules shall provide for reciprocity with other states having similar standards.
II. Standards and procedures for the testing and certification of lead abatement workers and lead clearance testing technicians, in accordance with RSA 130-A:12. The rules shall provide for reciprocity with other states having similar standards.
III. The conduct of inspections and inspection standards for lead inspectors and lead risk assessors, including procedures for issuing certificates of inspection and certifications of compliance and for the review and validation of such certificates or certifications by the department for any person who so requests.
IV. Fees to be collected for the issuance of licenses to lead inspectors, lead risk assessors, lead abatement contractors, for certification of lead abatement workers and lead clearance testing technicians, for testing resulting from investigations, for certifications of training programs, exam and training fees, for notifications under RSA 130-A, and other environmental fees. Property owners who own more than 4 but fewer than 7 dwelling units shall pay a fee for licensure which is 1/2 of that paid by other lead abatement contractor licensees. Such reduced fee license shall only be valid for work on dwellings or dwelling units owned by such license holder.
V. Procedures for the conduct of investigations carried out under RSA 130-A:5, including the conduct of inspections and establishment of a blood lead level requiring an inspection.
VI. Procedures for issuing orders under RSA 130-A:7, including procedures for extending the time available for lead hazard reduction and interim controls for leased or rented dwellings where no child resides or frequents regularly at the time of inspection and issuance of the order.
VII. Procedures for notification activities carried out under RSA 130-A:14.
VIII. Procedures for lead hazard reduction, in-place management, and interim controls for interior and exterior surfaces. The procedures shall include methods of abatement and the measures necessary to protect the health and safety of lead abatement workers and to control the release of lead base substances to the environment. The commissioner shall allow for the use of alternate procedures that result in the same level of protection as otherwise provided by the rules adopted under this chapter.
IX. A schedule of administrative fines which may be imposed under RSA 130-A:14 for a violation of this chapter or the rules adopted pursuant to it.
X. Procedures for notice and opportunity for a hearing prior to the imposition of an administrative fine imposed under RSA 130-A:14.
XI. Standards for training programs for lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers.
XII. Procedures for reporting of laboratory test results under RSA 130-A:3.
XIII. Standards and procedures for certifying laboratories performing tests to detect or measure lead in human body fluids or tissues.
XIV. Paints and other substances which may be approved as encapsulants.
XV. Standards and procedures for granting a variance from compliance with one or more provisions of RSA 130-A.

Legislative History

1993, 325:2. 1995, 213:2, 3; 310:175, 183. 1997, 165:12-15. 2000, 96:8. 2007, 293:6, 7. 2009, 276:5, 6. 2010, Sp. Sess., 1:7, eff. June 10, 2010.