1. (a) In accordance with RSA 130-A:5, I, lead investigations shall include environmental inspections of dwellings, dwelling units, or of any child care facility, and testing environmental samples.

2. (b) Once the commissioner has notified an owner that an environmental inspection is to be conducted, the owner or owner’s agent shall:

   1. (1) Not re-rent any dwelling or dwelling unit included in the notification that is vacant or becomes vacant until such time as:

      1. a. The inspection(s), as detailed in He-P 1604.03(c) through (e) below, have been conducted;
      2. b. The owner receives a written report from the commissioner; and
      3. c. Has satisfied any order(s) issued on the dwelling or dwelling unit;

   2. (2) Not perform any remodeling, renovating, maintenance, lead hazard reduction work, or any other dust-generating activity until such time as:

      1. a. The inspection(s), as detailed in He-P 1604.03(c) through (e) below, have been conducted;
      2. b. The owner receives a written report from the commissioner; and
      3. c. The activity follows any order(s) issued on the dwelling, dwelling unit, or child care facility; and

   3. (3) Complete and submit to the department at least 24 hours prior to the environmental inspection, a “Tenant Roster Form” (February 2025) certifying the following:

      “I certify as an owner of the property that all information contained herein is true and correct to the best of my knowledge and belief and I grant HHLPPP permission to access the property for the purpose of conducting compliance inspections. The parties agree that this Tenant Roster Form may be executed electronically with electronic signatures, and the electronic signatures shall be valid and binding on both parties. Neither party will contest the enforceability of this Tenant Roster Form on the basis that it was executed electronically.”

3. (c) In addition to the procedures set forth in RSA 130-A:6, the commissioner shall carry out the following procedures when conducting environmental inspections of dwellings, dwelling units, or a child care facility where children have elevated blood lead levels as defined in RSA 130-A:5:

   1. (1) Contact the child’s parent or guardian to schedule the environmental inspection;
   2. (2) Arrange access for an environmental inspection with the owner or owner’s agent;
   3. (3) Collect the “Tenant Roster Form” (February 2025) from the owner or owner’s agent;
   4. (4) Test representative painted or varnished interior or exterior building surfaces, and collect water, soil, and dust samples, if applicable, corresponding with the dwelling that the child occupies or occupied when they were tested for lead exposure;
   5. (5) Record all test results and note whether each identified lead-based substance constitutes a lead exposure hazard;
   6. (6) Record the presence of chewed woodwork, including toys and furniture;
   7. (7) Take representative photographs, if applicable, of areas where there is visual presence of chipping, peeling, or flaking paint;

   8. (8) Request assistance from a parent or guardian in identifying a child’s potential lead exposure, that shall include, but not be limited to, the following information:

      1. a. A description of the child’s habits that might increase risk of lead exposure;
      2. b. Possible exposure to other sources of lead, such as lead in pottery and parental occupations and hobbies;
      3. c. Previous addresses and length of residence;
      4. d. A description of other dwellings, dwelling units, and child care facilities in which the child spends time;
      5. e. Recent renovations which might have disturbed lead-painted surfaces; and
      6. f. Any other information that might help identify potential sources of a child’s lead exposure; and
   9. (9) Obtain relevant information in accordance with this section.

4. (d) If a lead exposure hazard is determined to exist during the environmental inspection in (c) above, the commissioner shall conduct inspections of all other dwelling units of the dwelling, as applicable, as part of the lead investigation to include the following:

   1. (1) All dwelling units disclosed on the “Tenant Roster Form” (February 2025) occupied by a child;
   2. (2) All dwelling units disclosed on the “Tenant Roster Form” (February 2025) occupied by a pregnant woman;
   3. (3) All dwelling units for which a “Tenant Roster Form” (February 2025) was not received by the department at least 24 hours prior to the inspection, as required by He-P 1604.03(b)(3), and assumed to be occupied by a child or pregnant woman;
   4. (4) All dwelling units for which the occupancy status is unknown at the time of the inspection and assumed to be occupied by a child or pregnant woman;
   5. (5) All dwelling units where evidence of being occupied by a child or pregnant woman is discovered during the inspection including discussions with tenants, presence of toys, and other visual or audible cues; and
   6. (6) All other dwelling units which the property owner has expressly requested to be inspected.

5. (e) Environmental inspections conducted, as part of the lead investigation, in accordance with (d) above shall include the following:

   1. (1) Arranging access for environmental inspections with the owner or owner’s agent;
   2. (2) Recording the resident names and contact information;
   3. (3) Testing representative painted or varnished surfaces for the presence of lead-based substances;
   4. (4) Recording all test results and note whether each identified lead-based substance constitutes a lead exposure hazard;
   5. (5) Recording the presence of chewed woodwork, including toys and furniture;
   6. (6) Recording recent renovations, which might have disturbed lead-painted surfaces;
   7. (7) Taking representative photographs, if applicable, of areas where there is visual presence of chipping, peeling, or flaking paint; and
   8. (8) Other activities conducted and documented to determine the presence of a lead-exposure hazard.
6. (f) The department shall obtain an administrative inspection warrant under RSA 595-B if consent of the property owner or the owner’s agent for an investigation or inspection is denied.

Source. #5920, eff 1-1-95; 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, EXPIRED: 9-1-19 New. #13052, eff 6-11-20; ss by #142340, eff 4-2-25