Section 130-A:17 – Injunctive Relief.
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 […]
Section 130-A:18 – Civil Suits.
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 […]
Section 130-A:19 – Repealed by 2015, 250:8, eff. Nov. 1, 2018.
130-A:19 Repealed by 2015, 250:8, eff. Nov. 1, 2018. –
Section 130-A:8-a – Relocation of Tenants.
130-A:8-a Relocation of Tenants. – I. In circumstances where the presence of a lead exposure hazard is unsuspected and becomes known when the dwelling or dwelling unit is already rented to a family with a child, the owner may temporarily relocate the family during the lead hazard reduction activity. The temporary relocation shall meet […]
Section 130-A:9 – Prohibitions.
130-A:9 Prohibitions. – I. No person shall perform or cause to be performed lead base substance abatement, in-place management, or interim controls in a dwelling or dwelling unit, or in any child care facility, in any manner other than as provided for in rules adopted under RSA 130-A:10. II. No person shall perform or […]
Section 130-A:10 – Rulemaking.
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 […]
Section 130-A:11 – Application.
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 […]
Section 130-A:12 – Licensure; Certification.
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 […]
Section 130-A:13 – Notification Program.
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 […]
Section 130-A:14 – Administrative Fines.
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 […]