CHAPTER 96
HB 1502 - FINAL VERSION
10feb00.....3303h
13april00.....4133-EBA
2000 SESSION
01/10
HOUSE BILL 1502
AN ACT relative to lead paint abatement.
COMMITTEE: Health, Human Services and Elderly Affairs
This bill makes certain revisions to the lead paint law to conform to federal law.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10feb00.....3303h
13april00.....4133-EBA
00-2499
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to lead paint abatement.
Be it Enacted by the Senate and House of Representatives in General Court convened:
96:1 Definition Amended. Amend RSA 130-A:1, XV to read as follows:
XV. "Lead inspector" means any person or entity engaged in inspections for the presence of lead base substances. [The term includes individuals who design or evaluate lead base substance abatement projects.]
96:2 New Paragraphs; Definitions Added. Amend RSA 130-A:1 by inserting after paragraph XVI-a the following new paragraphs:
XVI-b. "Lead risk assessor" means an individual who conducts risk assessments, as defined in HE-P 1602.44, develops lead hazard reduction plans, as defined in paragraph XVI-a, and issues final risk assessment reports.
XVI-c. "Lead clearance testing technician" means an individual who conducts tests for the presence of surface dust, as defined in subparagraph XI(c), or lead in soil, as defined in subparagraph XI(b).
96:3 Lead Risk Assessors; Lead Clearance Testing Technicians. Amend RSA 130-A:2, I(a) and (b) to read as follows:
(a) License in accordance with RSA 130-A:12, I, or deny or revoke the licensure of, any lead inspector, lead risk assessor, or lead abatement contractor advertising, offering or otherwise making available services in the state of New Hampshire, whether or not the inspector [or], contractor, or lead risk assessor is incorporated in the state.
(b) Certify employees of owners or managers of dwellings, dwelling units, or child care facilities, and of lead abatement contractors, who are engaged in lead base substance abatement, or refuse to provide or revoke such certification. [A] Separate [certificate] certificates shall be issued to workers who supervise [or design lead base substance abatement projects] other certified workers and to lead clearance testing technicians.
96:4 Lead Risk Assessors; Lead Clearance Testing Technicians. Amend RSA 130-A:2, I(h) to read as follows:
(h) Certify training programs for lead abatement contractors, lead inspectors, lead risk assessors, lead clearance testing technicians, and lead abatement workers.
96:5 Investigations; Lead Risk Assessors. Amend RSA 130-A:5, I(a) to read as follows:
(a) Requiring additional information and periodic reports from the child's health care provider, the owner or owner's agent of a leased or rented dwelling or dwelling unit occupied by a child, the owner or operator of any child care facility attended by the child, and any lead inspector, lead risk assessor, or lead abatement contractor involved in lead hazard reduction at the child's dwelling, dwelling unit, or child care facility.
96:6 Enforcement. Amend RSA 130-A:7, II(e) to read as follows:
(e) Responsibility for verification by a lead inspector or lead risk assessor of lead hazard reduction to the commissioner.
96:7 Lead Risk Assessor; Lead Clearance Testing Technicians. Amend RSA 130-A:9, II-VII to read as follows:
II. No person shall perform or cause to be performed a lead inspection or lead risk assessment, as defined in HE-P 1602.44, in a dwelling or dwelling unit or in a child care facility in any manner other than as provided for in rules adopted under RSA 130-A:10.
III. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction when the method of reduction causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under RSA 130-A:7.
IV. No person performing inspections or lead risk assessments, as defined in HE-P 1602.44, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction.
V. No person shall advertise or otherwise offer or make available services as a lead inspector, lead risk assessor, or lead abatement contractor without being licensed under RSA 130-A:12.
VI. No person shall engage any individual for lead base substance abatement who has not been tested and certified under RSA 130-A:12. However, individuals not certified under RSA 130-A:12, II, may engage in activities related to a lead exposure hazard reduction plan, such as, but not limited to, installation of exterior siding, carpet or paving, or application of encapsulants, provided that the individual does not engage directly in lead based substance abatement and the plan is reviewed and approved by a contractor licensed under RSA 130-A:12, I.
VII. No training program shall be offered in this state for the purposes of training lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers that has not been certified under RSA 130-A:12.
96:8 Lead Risk Assessors; Lead Clearance Testing Technicians. Amend RSA 130-A:10 to read as follows:
130-A:10 Rulemaking. 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, certifications of compliance, and certifications when a dwelling or dwelling unit is found to be lead free, certifications when a dwelling unit is found to be lead safe 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 certification of laboratories, for certifications of training programs, and for notifications under RSA 130-A. 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.
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 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.
96:9 Lead Risk Assessor; Lead Clearance Testing Technician. Amend RSA 130-A:12, I-III to read as follows:
I.(a) A license to perform as a lead abatement contractor [or], lead inspector, or lead risk assessor, shall be issued in writing by the department in accordance with rules adopted under RSA 130-A:10, I. The license shall be valid for 12 months from the date of issuance, shall contain the expiration date, and shall contain the official signature of the commissioner or designee. The license or a certified copy of the license shall be available for inspection at any worksite during the period of work of the lead abatement contractor [or], lead inspector, or lead risk assessor.
(b) Any owner who owns 4 or fewer dwelling units shall not be required to obtain a lead abatement contractor license to perform lead abatement on such owner's dwellings or dwelling units, provided that such owner shall comply with all rules adopted under RSA 130-A:10, I.
II. Lead abatement workers and lead clearance testing technicians shall first obtain a certification from the department. The certification shall be issued in accordance with rules adopted under RSA 130-A:10, II. The certificate shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certificate or a certified copy of the certificate shall be available for inspection at any worksite where the individual is performing lead base substance abatement or conducting clearance testing.
III. Training programs offered in New Hampshire for lead abatement contractors, lead inspectors, lead risk assessors, and individuals seeking certification as lead abatement workers or lead clearance testing technicians shall first be certified by the department in accordance with rules adopted under RSA 130-A:10, XI. Such certification shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certification or a certified copy of the certificate shall be available for inspection during any period of training.
96:10 Risk Assessors Added. Amend RSA 130-A:13 to read as follows:
130-A:13 Notification Program. The commissioner may, if necessary, institute a program requiring the notification to the department of all inspections for lead base substances carried out by lead inspectors, risk assessments carried out by lead risk assessors, and of all lead hazard reduction activities conducted on child care facilities and on leased or rented dwelling and dwelling units, carried out by lead abatement contractors or by lead abatement workers. The program shall be conducted in accordance with rules adopted under RSA 130-A:10, VII, and the commissioner shall collect fees for notifications. The commissioner may conduct inspections of such activities as necessary to assure that the provisions of this chapter and rules adopted under it are carried out.
96:11 Effective Date. This act shall take effect 60 days after its passage.
(Approved: April 27, 2000)
(Effective Date: June 26, 2000)