Section He-P 1608.14 - Certificates(a) After a risk assessment or clearance inspection has been completed and it has been determined that no lead-based paint hazards or lead exposure hazards, including but not limited to paint, dust, and soil are present, the licensed risk assessor shall issue a certificate of lead safe.(b) After a lead-based paint or lead-based substances inspection has been completed and it has been determined that no lead-based paint or substances exist in the dwelling, dwelling unit, or child care facility, the licensed risk assessor or lead inspector shall issue one of the following: (1) Certificate of no lead detected, if no lead including paint, dust, and soil is identified; or(2) Certificate of no lead-based paint detected, if no lead-based paint is identified.(c) Any certificate issued pursuant to (a) and (b) above shall contain:(1) The dwelling, dwelling unit, or child care facility address, including unit number, if applicable;(2) The order number, if applicable;(3) The risk assessor's printed name and license number;(4) The risk assessor's signature;(5) The date the certificate was issued; (6) Specific identification of the scope of the certificate, including the dwelling, dwelling unit, child care facility, common area(s), exteriors, or component(s) the certificate is being issued for; (7) Specific identification of the lead hazard reduction methods employed, if any, including a designation of whether abatement, interim controls, or a combination of the two were utilized to achieve the certificate; and (8) One of the following certification statements:a. When no lead exposure hazards are observed at the time of the inspection or remain following lead hazard reduction activities: "I hereby certify that sampling and analyses was performed in accordance with He-P 1608.04 and He-P 1608.12 and accurately represents the conditions in the areas tested on this date. I further certify that no lead exposure hazards were detected during the inspection, and dust wipe and soil sample analyses complied with 1608.12(r). This certificate of lead safe for this dwelling, dwelling unit, or child care facility shall remain in effect for one year or as long as there continues to be no lead exposure hazards present, all encapsulants or enclosures remain in place and undamaged, and all required records regarding in place management practices are completed and maintained.";
b. For a certificate of no lead based substances detected: "I hereby certify that sampling and analyses was performed in accordance with He-P 1608.04 and He-P 1608.12 and accurately represent the conditions in the areas tested on this date. I further certify that no lead was detected during the inspection, and dust wipe and soil sample analyses complied with 1608.12(r). This certificate of no lead detected for this dwelling, dwelling unit, or child care facility shall remain in effect as long as there continues to be no lead present."
c. For a certificate of no lead-based paint detected: "I hereby certify that sampling and analyses was performed in accordance with He-P 1608.04 and He-P 1608.12 and accurately represent the conditions in the areas tested on this date. I further certify that no lead-based paint was detected during the inspection. Soil and dust sampling was not conducted during the inspection and the owner and residents should presume that any bare soil and settled dust may potentially contain lead. This certificate of no lead-based paint detected for this dwelling, dwelling unit, or child care facility shall remain in effect as long as there continues to be no lead-based paint present."
(d) A certificate of lead safe for the interior of a multi-family dwelling shall not be issued until all interior work areas associated with the dwelling units where lead hazard reduction activities have occurred, has passed a clearance inspection, including, when applicable, interior common areas associated with the dwelling units.(e) Certificates issued in accordance with (d) above shall: (1) Clearly exclude any dwelling unit(s), including unit designations and common areas in the multi-family dwelling, where no lead hazard reduction work has taken place; and(2) Recommend further testing and lead hazard reduction work in any excluded dwelling unit(s) prior to re-renting.(f) A certificate of lead safe for the exterior shall not be issued until the exterior, exterior common areas, and bare soil for the dwelling or child care facility have passed a clearance inspection.(g) When the commissioner finds, through a compliance inspection or review of in-place management documentation, that the interior, common areas, exterior, or soils of a dwelling, dwelling unit, or child care facility fails to meet the standards for maintenance of the certificate of lead safe, the commissioner shall invalidate the certificate of lead safe and enforce the order of lead hazard reduction.(h) A licensed risk assessor shall issue a certificate of lead safe to the owner of a dwelling, dwelling unit, or child care facility , when a risk assessment is performed in accordance with Appendix 13.1 through 13.3 and Appendix 14.1 through 14.3 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition), available as noted in Appendix A, and it has been determined that all lead-based substances are being controlled and are in a condition and location that do not pose a lead exposure hazard. (i) A licensed risk assessor or lead inspector shall issue a certificate of no lead detected or no lead-based paint detected to the owner of a dwelling, dwelling unit, or child care facility when lead-based paints or similar coatings, lead contaminated dust, or lead contaminated soils are not found as a result of: (1) A lead inspection performed in accordance with Appendix 13.1 through 13.3 and Appendix 14.1 through 14.3 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition), available as noted in Appendix A;(2) Dust sampling performed in accordance with Appendix 13.1 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition), available as noted in Appendix A; and(3) Soil sampling performed in accordance with Appendix 13.3 of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", (2012 Edition), available as noted in Appendix A.N.H. Admin. Code § He-P 1608.14
#9986, eff 9-1-11 (from He-P 1608.08 )
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030