1. (a) In-place management shall be implemented when:

   1. (1) Lead hazard reduction work has been completed and a certificate has been issued in accordance with He-P 1608.14; and
   2. (2) Lead-based substances remain in the dwelling, dwelling unit, or child care facility.
2. (b) In-place management may be used by an owner or owner’s agent as a means of preventing lead-based substances from becoming lead exposure hazards.

3. (c) When practicing in-place management of lead-based substances, an owner or owner’s agent shall:

   1. (1) Provide a written notice to the tenants of the dwelling, dwelling unit, or child care facility requesting them to notify the owner or agent of any damaged or deteriorating painted surface;
   2. (2) Respond to the notification of deteriorating or damaged paint in writing with a plan as to how and when the issues will be rectified within 10 business days;

   3. (3) Conduct visual inspections of each dwelling, dwelling unit, or child care facility to detect any change in condition of components, surfaces, or areas which may result in the creation of a lead exposure hazard:

      1. a. At least once every 6 months;
      2. b. Prior to re-occupancy after unit is vacated by previous occupant;
      3. c. Upon request of an occupant of a dwelling, dwelling unit, or child care facility; and
      4. d. In accordance with He-P 1609.03(i) if encapsulation products are used;

   4. (4) Document in writing the findings of the visual inspection with the following information:

      1. a. The date of the visual inspection;
      2. b. A written description of all observations made pursuant to (3) above; and
      3. c. The signature of the owner or person conducting the visual inspection;
   5. (5) Maintain the written documentation of the visual inspection for a period of 5 years;
   6. (6) Provide a copy of the written documentation of the visual inspection to the commissioner upon request;
   7. (7) Clean all horizontal surfaces in common areas that are accessible to children by a cycle of vacuuming with HEPA vacuum, wet washing with a general all-purpose or lead-specific cleaner, and a repeat HEPA vacuuming; and
   8. (8) Conduct cleaning prior to re-occupancy after unit is vacated by previous occupant.
4. (d) When in-place management practices are implemented and an annual clearance inspection is conducted as required by He-P 1610.06 for the renewal of a certificate of lead safe – interim controls, that inspection may count as one of the inspections required by (c)(3)a. above.
5. (e) When renovations or repairs are needed and the EPA’s Renovation, Repair, and Paint rule 40 CFR 745, Subpart E does not apply, they shall be considered in-place management, and shall be remedied with interim controls in accordance with He-P 1610.02 through He-P 1610.05.
6. (f) When conducting renovations or repairs described in (e) above, the owner or owner’s agent shall not engage in any lead-based substance abatement as prohibited under RSA 130-A:9,VI. Any abatement activities shall follow standards set forth in He-P 1609.

7. (g) When renovations or repairs are needed and involve more than 6 square feet of surface area, the owner or owner’s agent shall:

   1. (1) Address the needed renovations and repairs in accordance with either He-P 1609 or He-P 1610, utilizing persons licensed and certified in accordance with EPA’s Renovation, Repair, and Painting Rule 40 CFR 745, Subpart E; and
   2. (2) Maintain documentation of the repair work and make the documentation available to the department upon request.
8. (h) When lead exposure hazards are found to exist, they shall be addressed by following the requirements of He-P 1600, and utilizing persons licensed and certified in accordance with He-P 1612.

Source. #9986, eff 9-1-11, EXPIRED: 9-1-19 (from He-P 1607.01) New. #13052, eff 6-11-20; ss by #14230, eff 4-2-25