New Hampshire Revised Statutes 130-A:2 – Duties of the Commissioner
Current as of: 2023 | Check for updates
|
Other versions
I. The commissioner shall:
(a) License in accordance with N.H. Rev. Stat. § 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, 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. Separate certificates shall be issued to workers who supervise other certified workers and to lead clearance testing technicians.
(c) Collect fees for the issuance of licenses and certificates under N.H. Rev. Stat. § 130-A:2, I(a), (b), and (h).
(d) Adopt rules required under this chapter.
(e) Implement public education programs for the general public, for owners, managers and occupants of dwelling and dwelling units, for owners and operators of child care facilities, and for physicians and other health care workers providing services to children concerning the prevention and treatment of lead poisoning and relative to the provisions of this chapter and the reporting of lead poisoning under RSA 141-A.
(f) Implement comprehensive case management for cases of lead poisoning when a child’s blood lead level meets or exceeds 10 micrograms per deciliter. Case management shall include the coordination of medical services appropriate for the treatment of the reported lead poisoning.
(g) Provide training for and maintain an active program of coordination with health authorities relative to the control of lead base substances in owner-occupied and renter-occupied housing, with specific regard to the conduct of inspections, lead base substance abatement, in-place management, and enforcement activities carried out under this chapter. The commissioner shall make reasonable efforts to ensure that such training programs are held in areas with high incidence of lead exposure hazards, and that property owners are educated about methods to prevent lead exposure hazards before they arise and how hazards can be addressed once identified.
(h) Certify training programs for lead abatement contractors, lead inspectors, lead risk assessors, lead clearance testing technicians, and lead abatement workers.
(i) Develop and implement, in accordance with N.H. Rev. Stat. § 130-A:7, an investigation and enforcement program for lead base substances and the reduction of lead exposure hazards.
(j) Develop and maintain a data base on the incidence of lead poisoning in children. This data base shall be established using data supplied under N.H. Rev. Stat. § 130-A:3.
(k) [Repealed.]
(l) Develop educational materials in accordance with N.H. Rev. Stat. § 130-A:5.
II. The commissioner may establish, in accordance with rules adopted under RSA 541-A, a notification program relative to lead base substance inspection and abatement activities.
III. The commissioner shall establish, in accordance with rules adopted under RSA 541-A, a window replacement program. The program shall be made available to owners of dwellings and dwelling units and funded by the lead poisoning prevention fund, established in N.H. Rev. Stat. § 130-A:15, and other available moneys, when the commissioner determines there are enough moneys in such fund to sustain such a program. Pilot projects may begin as soon as funds are available. The commissioner shall make a report on the parameters of the program, funding acquired and sought, and program expenditures to the health and human services oversight committee, established in N.H. Rev. Stat. § 126-A:13, and to the chairperson of the house ways and means committee on or before September 1, 2010.
(a) License in accordance with N.H. Rev. Stat. § 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, contractor, or lead risk assessor is incorporated in the state.
Terms Used In New Hampshire Revised Statutes 130-A:2
- Child: or "children" means a person or persons 72 months of age or less. See New Hampshire Revised Statutes 130-A:1
- children: means a person or persons 72 months of age or less. See New Hampshire Revised Statutes 130-A:1
- Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 130-A:1
- Dwelling: means a structure used or intended for human habitation, including interior and exterior surfaces, and may include common areas and all other property, including land and other structures, located within the same lot. See New Hampshire Revised Statutes 130-A:1
- In-place management: means the use of maintenance or administrative controls, including specialized cleaning and periodic monitoring, to prevent lead base substances from becoming lead exposure hazards. See New Hampshire Revised Statutes 130-A:1
- Lead abatement contractor: means any person or entity engaged in lead base substance abatement. See New Hampshire Revised Statutes 130-A:1
- Lead base substance: means :
(a) When present in a dried film of paint or other coating on walls, woodwork or other surfaces, or in plaster, putty or other substances:
(1) The presence of lead equal to or greater than 1. See New Hampshire Revised Statutes 130-A:1 - Lead base substance abatement: means any set of measures designed to permanently eliminate a lead exposure hazard, including removal, containment, encapsulation, or replacement of surfaces or fixtures that present a lead exposure hazard and all preparation, cleanup, and post abatement clearance testing associated with such measures. See New Hampshire Revised Statutes 130-A:1
- Lead inspector: means any person or entity engaged in inspections for the presence of lead base substances. See New Hampshire Revised Statutes 130-A:1
- Lead risk assessor: means an individual who conducts risk assessments, as defined in He-P 1602. See New Hampshire Revised Statutes 130-A:1
- Oversight: Committee review of the activities of a Federal agency or program.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(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. Separate certificates shall be issued to workers who supervise other certified workers and to lead clearance testing technicians.
(c) Collect fees for the issuance of licenses and certificates under N.H. Rev. Stat. § 130-A:2, I(a), (b), and (h).
(d) Adopt rules required under this chapter.
(e) Implement public education programs for the general public, for owners, managers and occupants of dwelling and dwelling units, for owners and operators of child care facilities, and for physicians and other health care workers providing services to children concerning the prevention and treatment of lead poisoning and relative to the provisions of this chapter and the reporting of lead poisoning under RSA 141-A.
(f) Implement comprehensive case management for cases of lead poisoning when a child’s blood lead level meets or exceeds 10 micrograms per deciliter. Case management shall include the coordination of medical services appropriate for the treatment of the reported lead poisoning.
(g) Provide training for and maintain an active program of coordination with health authorities relative to the control of lead base substances in owner-occupied and renter-occupied housing, with specific regard to the conduct of inspections, lead base substance abatement, in-place management, and enforcement activities carried out under this chapter. The commissioner shall make reasonable efforts to ensure that such training programs are held in areas with high incidence of lead exposure hazards, and that property owners are educated about methods to prevent lead exposure hazards before they arise and how hazards can be addressed once identified.
(h) Certify training programs for lead abatement contractors, lead inspectors, lead risk assessors, lead clearance testing technicians, and lead abatement workers.
(i) Develop and implement, in accordance with N.H. Rev. Stat. § 130-A:7, an investigation and enforcement program for lead base substances and the reduction of lead exposure hazards.
(j) Develop and maintain a data base on the incidence of lead poisoning in children. This data base shall be established using data supplied under N.H. Rev. Stat. § 130-A:3.
(k) [Repealed.]
(l) Develop educational materials in accordance with N.H. Rev. Stat. § 130-A:5.
II. The commissioner may establish, in accordance with rules adopted under RSA 541-A, a notification program relative to lead base substance inspection and abatement activities.
III. The commissioner shall establish, in accordance with rules adopted under RSA 541-A, a window replacement program. The program shall be made available to owners of dwellings and dwelling units and funded by the lead poisoning prevention fund, established in N.H. Rev. Stat. § 130-A:15, and other available moneys, when the commissioner determines there are enough moneys in such fund to sustain such a program. Pilot projects may begin as soon as funds are available. The commissioner shall make a report on the parameters of the program, funding acquired and sought, and program expenditures to the health and human services oversight committee, established in N.H. Rev. Stat. § 126-A:13, and to the chairperson of the house ways and means committee on or before September 1, 2010.