New Hampshire Revised Statutes 130-A:5 – Investigations
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I. The commissioner shall investigate cases of lead poisoning in children reported under N.H. Rev. Stat. Chapter 141-A whose blood lead level meets or exceeds 5 micrograms per deciliter of whole venous blood. The commissioner may also conduct investigations when there is reason to believe that a lead exposure hazard, as defined in N.H. Rev. Stat. § 130-A:1, XVI(b) and (d), for a child exists. Such investigations shall include, but not be limited to:
(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.
(b) Inspections of dwellings or dwelling units or of any child care facility, and testing environmental samples.
(c) Issuing orders requiring the reduction of lead exposure hazards from a leased or rented dwelling or dwelling unit and from a child care facility, or issuing a notice to the owner of a dwelling or dwelling unit.
II. [Repealed.]
III. The commissioner may request health authorities to assist in such investigations.
IV. The commissioner may obtain an administrative inspection warrant under N.H. Rev. Stat. Chapter 595-B if consent of the property owner or the owner’s agent for an investigation or inspection is denied.
(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.
Terms Used In New Hampshire Revised Statutes 130-A:5
- Child: or "children" means a person or persons 72 months of age or less. See New Hampshire Revised Statutes 130-A:1
- Child care facility: means a facility required to be licensed under the provisions of N. 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
- Dwelling unit: means any room, group of rooms or other interior area of a dwelling or other structure, all or part of which is offered or made available for human habitation, and may include all common areas of the unit and exterior surfaces. See New Hampshire Revised Statutes 130-A:1
- Health care provider: means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, and any officer, employee or agent of such provider acting in the course and scope of employment or agency related to or supportive of health care services. 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 exposure hazard: means :
(a) The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than
1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;
(b) Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;
(c) Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or
(d) Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than the limits defined in N. See New Hampshire Revised Statutes 130-A:1 - Lead hazard reduction: means a set of measures designed to reduce a lead exposure hazard, including abatement, interim controls, or a combination of them. 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
- Owner: means any person who, alone or jointly or severally with others, has legal title to any dwelling, dwelling unit, or child care facility, or a person who has charge, care or control of a dwelling, dwelling unit, or child care facility as an agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. See New Hampshire Revised Statutes 130-A:1
(b) Inspections of dwellings or dwelling units or of any child care facility, and testing environmental samples.
(c) Issuing orders requiring the reduction of lead exposure hazards from a leased or rented dwelling or dwelling unit and from a child care facility, or issuing a notice to the owner of a dwelling or dwelling unit.
II. [Repealed.]
III. The commissioner may request health authorities to assist in such investigations.
IV. The commissioner may obtain an administrative inspection warrant under N.H. Rev. Stat. Chapter 595-B if consent of the property owner or the owner’s agent for an investigation or inspection is denied.