1. (a) When an order of lead hazard reduction has been issued pursuant to He-P 1605.01, the owner(s) or owner’s agent may request to use abatement alternatives by completing and submitting to the department a “Request for Use of Abatement Alternatives” (February 2025) certifying the following:

   “As defined by RSA 130-A:1, XVIII and in accordance with He-P 1609.04, I, do hereby certify that I am the owner of the property identified below.;

   “I further certify that the dwelling identified above is currently:

   Vacant and will remain vacant until the Order(s) has been satisfied;

   Converted to non-residential use (explain and provide documentation); or

   Destroyed (explain and provide documentation to indicate abatement of soils, any other outbuildings, or other structures under Order).”;

   “I hereby certify as:

   Owner(s); or

   Owner’s Agent

   That the information is true and accurate, on this day.”; and

   “I further 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). The parties agree that this Request for Use of Abatement Alternatives 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 Request for Use of Abatement Alternatives form on the basis that it was executed electronically.”

2. (b) The following abatement alternatives shall be allowed:

   1. (1) Certifying that the dwelling is vacant and will remain vacant until the order(s) has been satisfied;
   2. (2) The use of interim controls in accordance with He-P 1610;
   3. (3) Destruction of the dwelling or child care facility;
   4. (4) The property no longer houses a child care facility and remains off the residential rental market; or
   5. (5) Other abatement alternatives approved by the commissioner in accordance with (d) below.

3. (c) When the dwelling or child care facility has been completely destroyed, in accordance with (b)(3) above, the owner shall submit to the department:

   1. (1) A signed statement from a representative of the city or town certifying that the property has been completely destroyed; and
   2. (2) A certificate of lead safe– abatement for the soils and any remaining structures which remain under the order of lead hazard reduction, such as an outbuilding.

4. (d) If the owner wishes to use alternative abatement methods not provided by He-P 1600, the owner shall:

   1. (1) Submit a written variance request to the commissioner in accordance with He-P 1605.03 describing in detail what alternative methods they would like to use and describe how the proposed procedures will provide the same level of protection as that which is provided by abatement or interim controls; and
   2. (2) Receive written approval from the commissioner prior to using alternative abatement methods.

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 (from He-P 1605.02) New. #13052, eff 6-11-20; ss by #14230, eff 4-2-25