130-A:1 Definitions. – As used in this chapter: I. "Child" or "children" means a person or persons 72 months of age or less. II. "Child care facility" means a facility required to be licensed under the provisions of RSA 170-E:4. III. "Commissioner" means the commissioner of the department of health and human services. IV. […]
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 […]
130-A:11 Application. – I. The department shall implement and enforce the provisions of this chapter throughout the state. II. Notwithstanding the provisions of paragraph I, any municipality which adopts this chapter by a majority vote of its local governing body, as defined in RSA 672:6, may assume full and sole legal authority to enforce […]
130-A:12 Licensure; Certification. – I. (a) A license to perform as a lead abatement contractor, 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 […]
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 […]
130-A:14 Administrative Fines. – The commissioner, after notice and opportunity for a hearing, and pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $5,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a […]
130-A:15 Lead Poisoning Prevention Fund. – There is hereby established the lead poisoning prevention fund to be used to carry out the provisions of this chapter. The fund shall be composed of fees, fines, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to implement and […]
130-A:15-a Repealed by 2019, 346:377, eff. July 1, 2019. –
130-A:16 Penalty. – Any person who violates any provision of this chapter shall be guilty of a misdemeanor for each day that a violation exists. When lead hazard reduction has been ordered, the period of violation shall be calculated from the last date for reduction stated in the order issued under RSA 130-A:7 or […]
130-A:17 Injunctive Relief. – I. Either the attorney general or the commissioner may bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter, rules adopted under this chapter, or orders issued pursuant to this chapter, including but not limited […]
130-A:18 Civil Suits. – Owners of pre-1978 rental housing and childcare facilities shall take reasonable care to prevent exposure to, and the creation of, lead hazards. Notwithstanding any provision of law to the contrary, the mere presence of a lead base substance shall not constitute negligence on the part of an owner of any […]
130-A:19 Repealed by 2015, 250:8, eff. Nov. 1, 2018. –
130-A:2 Duties of the Commissioner. – I. The commissioner shall: (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, contractor, […]
130-A:3 Laboratory Reporting. – I. Any laboratory performing blood lead analysis on adults or children residing in New Hampshire shall report, in accordance with rules adopted under RSA 130-A:10, test results of such analysis. II. Using the data provided under paragraph I, the department shall annually determine the percentage of children 6 years of […]
130-A:3-a Capillary Blood Test Screening. – Any health care provider or organization conducting capillary blood tests, including, but not limited to community action programs, shall inform the department of such fact and shall provide a fact sheet prepared by the department to the parent or guardian of any child whose test indicates any presence […]
130-A:4 Prohibited Use of Lead Paint. – It shall be unlawful for any person to use or apply, or cause to be used or applied, in any child care facility, dwelling or dwelling unit any paint containing more than 0.06 percent lead. Source. 1993, 325:2, eff. July 1, 1994.
130-A:5 Investigations. – I. The commissioner shall investigate cases of lead poisoning in children reported under RSA 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 RSA […]
130-A:5-a Universal Testing; Health Care Providers; Not Liable. – All health care providers who provide primary medical care shall conduct blood testing of all one and 2-year old patients to determine a blood lead level. A health care provider shall not be liable for not performing a test for blood lead level when a […]
130-A:5-b Child Screenings. – If by 2017 fewer than 85 percent of one-year olds and 2-year olds in the following categories of children are receiving blood lead level tests, the department shall adopt rules, pursuant to RSA 541-A, to require that all health care providers who provide primary medical care to young children shall […]
130-A:5-c Blood Lead Testing. – All parents or legal guardians shall have their children who are residing in this state tested for blood lead level at the ages of one and 2. A child shall be exempt from this required blood lead level testing if a parent or legal guardian objects to such testing […]
