Section He-P 1605.03 - Variance Requests(a) Any owner, owner-contractor, licensed lead abatement contractor, licensed lead inspector, or licensed risk assessor may request a variance from compliance with one or more provisions of RSA 130-A or He-P 1600 pursuant to RSA 130-A:10, XV.(b) A request for variance shall be made by completing and submitting to the department at least 5 days prior to initiating the work or activity that requires a variance, a "Request for a Variance Form" (May 2020), certifying the following: "I certify that I have read, understand, and agree to comply with the New Hampshire Lead Poisoning Prevention rules (He-P 1600) and the Lead Poisoning Prevention Statute (RSA 130-A). I further certify that all information contained herein, including any supplements attached, is true and correct to the best of my knowledge and belief."
(c) If applicable, a copy of the occupant protection plan and work scope shall be included with the request for variance. (d) Prior to submission, the person making the request shall notify all residents and other persons affected by the variance request by:(1) Providing a copy of the request; and(2) Notifying them of their right to contact the department with any questions or concerns.(e) Only a request for a variance from RSA 130-A or He-P 1600 shall be accepted by the department.(f) The department shall approve a request for a variance when: (1) The person making the request is not in violation of any of the provisions of RSA 130-A or He-P 1600;(2) The department finds that approval of the request will not jeopardize the health and safety of others;(3) The department finds that the variance request, occupant protection plan, and work scope satisfy the intent of the rules as an alternative to complying with the statute or rule(s); and(4) The person making the request or the owner does not have any outstanding administrative fines or court sanctions issued pursuant to RSA 130-A or He-P 1600.(g) When approving a request for a variance the department shall specify what, if any, conditions are being placed on the approval of the request.(h) If a variance request is approved, compliance with the approved variance shall ensure that the objective or intent of the statute and rules from which the variance is sought will be accomplished.(i) Lead hazard reduction activities that require a variance shall not be conducted until written approval, including any requirements specified by the department, is received from the department.(j) The department shall deny a request for a variance if the request does not meet the criteria in (f) above.(k) The department shall revoke a variance when it is found that: (1) The person who has been granted the variance has violated or is noncompliant with one or more provisions of RSA 130-A or He-P 1600; or(2) The work is not done in accordance with the occupant protection plan or work scope submitted to the department.(l) If during a compliance inspection conducted in accordance with He-P 1605.04 the department determines that any of the requirements placed on the variance are not being complied with, the department shall verbally notify the person in charge of the work site during the compliance inspection and the owner to immediately: (1) Rectify the deficiencies; or (2) Cease all lead hazard reduction work, if applicable. (m) If a variance request is denied or revoked by the department, the denial or revocation shall be:(1) In writing and set forth the reasons for denying or revoking the variance; and(2) Sent by certified mail or another form of delivery that provides confirmation that the denial was delivered.N.H. Admin. Code § He-P 1605.03
#5920, eff 1-1-95; ss by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9986, eff 9-1-11
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030