141-E:1 Statement of Policy. – I. The general court finds that exposure to asbestos fibers over time has been linked by medical and scientific authorities to a significant increase in the incidence of diseases, such as asbestosis, bronchogenic carcinoma, mesothelioma, and other malignancies, and that such diseases place unnecessary and preventable burdens on society […]
141-E:10 Licensure. – I. Any contractor, employer, or individual which engages in asbestos abatement activities or activities involving the disturbance of asbestos at asbestos disposal sites shall first obtain a license from the department, except for: (a) Individuals exempt pursuant to paragraph II below; (b) Individuals exempt by rules adopted by the commissioner in […]
141-E:11 Certification of Employees; Reciprocity. – I. Employees and other individuals who engage in asbestos abatement, school asbestos abatement planning, or disturbance of asbestos at any asbestos disposal site shall first obtain a certificate of training from the department, except for: (a) Individuals exempt pursuant to rules adopted by the commissioner in accordance with […]
141-E:12 Fees. – I. The commissioner shall, by rule, set a schedule of fees for the granting of licenses under RSA 141-E:10, the granting of certificates under RSA 141-E:11, and the inspection of private dwellings under RSA 141-E:8, III. All fees shall be deposited in a nonlapsing account, shall be used solely for the […]
141-E:13 Compliance Monitoring. – I. For the purposes of assuring compliance with RSA 141-E:7, I and II; 141-E:8, I and II; 141-E:9; 141-E:10; and 141-E:11, or with any rule adopted by the commissioner, an authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time: (a) Enter any asbestos […]
141-E:14 Enforcement. – I. Whenever the commissioner has reason to believe that the provisions of RSA 141-E:7, I or II; 141-E:8, I or II; 141-E:9; 141-E:10; or 141-E:11, or any rule adopted by the commissioner under this chapter has been violated, he or she shall issue a notice of violation and an order of […]
141-E:15 Criminal Penalty; Fine. – I. A person shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person, if he or she knowingly and willfully: (a) Violates any provisions of RSA 141-E or any rule adopted under it; (b) Violates any term or […]
141-E:16 Administrative Fines. – I. (a) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of RSA 141-E:3 or any rule adopted by the commissioner under this chapter; or upon any person who makes […]
141-E:17 Civil Forfeiture. – Any person who violates any provision of RSA 141-E or any rule adopted under it, or any term or condition of a license, certificate, or order issued under RSA 141-E, shall be subject to a civil forfeiture of up to $25,000 for each day of a continuing violation, in addition […]
141-E:18 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are […]
141-E:19 Discharge of or Discrimination Against Employees. – Pursuant to RSA 275-E, no employer shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee, prospective employee, or employee representative because that person has filed any complaint or has instituted or caused to be instituted any proceeding […]
141-E:2 Definitions. – In this chapter: I. " Asbestos " means amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite. II. " Asbestos abatement " means any of the following activities: (a) The wrecking or removal of any load-supporting structural member containing or covered by RACM, as defined in paragraph VII; (b) The encapsulation, […]
141-E:20 Federal Preemption. – Nothing in this chapter shall be construed to allow the department to enforce such occupational safety and health standards which have been preempted by the Occupational Safety and Health Act of 1970, 29 U.S.C. sec. 651 et seq. Source. 2000, 275:1. 2005, 249:22, eff. Sept. 12, 2005.
141-E:21 Release Prohibited; Asbestos Waste Sites. – I. No person shall cause or allow asbestos fibers to be released to the environment from an asbestos disposal site. II. A site owner who has complied with the disclosure requirements in RSA 141-E:23 shall not be subject to penalties under this chapter due to a release […]
141-E:22 Management of Asbestos Disposal Sites. – The owner of an asbestos disposal site shall maintain and manage the site in accordance with this chapter and rules adopted by the commissioner under RSA 141-E:4. Source. 2000, 275:1. 2005, 249:24, eff. Sept. 12, 2005.
141-E:23 Disclosure. – I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes an asbestos disposal site, the seller shall disclose the following information to the buyer: (a) The nature and extent of the asbestos waste disposed of on the property, to the […]
141-E:24 Right of Entry. – The commissioner or authorized representative shall be authorized to enter, at reasonable times and in performance of his or her duties, upon any private or public property, to inspect asbestos disposal site conditions and investigate reports by local health officials of newly discovered asbestos disposal sites. If the property […]
141-E:25 Third Party Liability. – There shall be no implied cause of action for third party damages against any person under this chapter to the extent that the person’s liability under this chapter is based solely on the person’s ownership of an asbestos disposal site. Source. 2000, 275:1, eff. July 1, 2000.
141-E:3 Duties. – The commissioner shall: I. License contractors. II. Test persons and provide certificates to those who are found competent to engage in either asbestos abatement activities, school asbestos abatement planning activities, or activities involving the disturbance of asbestos at asbestos disposal sites, or any combination thereof. III. Collect fees for the issuance […]
141-E:4 Rulemaking. – The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. The definition of major and minor asbestos abatement projects. II. The necessary training, licensure, and certification requirements applicable to major and minor asbestos abatement projects. Such training, licensure, and certification requirements shall be at least as stringent as those […]
