1. (a) All individuals and business entities performing lead hazard reduction activities shall be licensed or certified, as applicable, in accordance with RSA 130-A and this part.

2. (b) The following categories of lead professionals and business entities shall be licensed by the department:

   1. (1) Lead risk assessor;
   2. (2) Lead inspector; and
   3. (3) Lead abatement contractor.

3. (c) The following categories of lead professionals shall be certified by the department:

   1. (1) Lead abatement supervisor;
   2. (2) Lead abatement worker; and
   3. (3) Lead clearance testing technician.
4. (d) Pursuant to RSA 130-A, an owner-contractor shall not be required to be licensed, but they shall comply with all applicable licensing requirements, including the successful completion of a lead abatement supervisor educational program, successful completion of the required proficiency examinations, and submission of an application to the department.

5. (e) To be licensed as a lead risk assessor, an individual shall be 18 years of age or older and meet the following requirements:

   1. (1) Successfully complete a lead risk assessor educational program certified in accordance with He-P 1611, another state, Tribal Nation, or by the EPA with prior approval from the department;
   2. (2) Successfully complete the proficiency examinations described in He-P 1612.04;

   3. (3) The individual shall be a NH licensed lead inspector for a minimum of one year and shall have one of the following combinations of work and education requirements:

      1. a. A bachelor’s degree in any discipline and one year of experience by the individual in a related field of lead, asbestos, environmental remediation work, or construction; or
      2. b. An associate’s degree in any discipline and a minimum of 2 years of experience by the individual in a related field of lead, asbestos, environmental remediation work, or construction;
      3. c. A high school diploma or equivalent and a minimum of 3 years of experience by the individual in a related field of lead, asbestos, environmental remediation work, or construction; or
      4. d. Certification or licensure, as an industrial hygienist, civil, environmental, or structural engineer, architect, or environmental health practitioner; and

   4. (4) Successful completion of a 6 month probation period during which time:

      1. a. The individual will be issued a provisional license;
      2. b. The individual shall perform all aspects of at least 5 risk assessments on 5 separate dwellings;

      3. c. The risk assessments required in b. above shall:

         1. 1. Be conducted after the issuance of a provisional license;
         2. 2. Be conducted in accordance with He-P 1608.03;
         3. 3. Be documented in accordance with He-P 1608.03(c); and
         4. 4. Be sent to the department for review, either with or without redaction of the information requested in He-P 1608.01(e)(2) and He-P 1608.01(e)(6), within 15 days of completion of each risk assessment; and

      4. d. The department shall:

         1. 1. Complete a review of the risk assessments required in b. above;
         2. 2. Determine whether or not each risk assessment submitted meets the requirements of c. above; and
         3. 3. Approve or deny the individual’s application for licensure.

6. (f) To be licensed as a lead inspector, an individual shall be 18 years of age or older and meet the following requirements:

   1. (1) Successfully complete a lead inspector educational program certified in accordance with He-P 1611, another state, Tribal Nation, or by the EPA with prior approval from the department;
   2. (2) Successfully complete the proficiency examinations described in He-P 1612.04;

   3. (3) The individual’s license shall be marked as in training until the individual has performed all aspects of:

      1. a. Five lead-based paint inspections performed in accordance with He-P 1608.02(a) on 5 separate dwellings; and
      2. b. Five lead-based substance inspections performed in accordance with He-P 1608.02(b) on 5 separate dwellings; and

   4. (4) The inspections required in (3) above shall:

      1. a. Be conducted after the successful completion of the lead inspector lead educational program;
      2. b. Be conducted in accordance with He-P 1608.02;
      3. c. Be documented in accordance with He-P 1608 and sent to the department, either with or without redaction of the information requested in He- P 1608.01(e)(2) and He-P 1608.01(e)(6) for review within 15 days of completion of each inspection; and
      4. d. Be prepared for a minimum of 5 separate dwellings or dwelling units collectively.

7. (g) To be licensed as a lead abatement contractor or to renew an existing lead abatement contractor license, an individual or business entity shall submit to the department a completed “Lead Abatement Contractor Application” (February 2025) and 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 understand I shall employ only individuals, to include subcontractors, certified or licensed in accordance with He-P 1612, including lead-certified or licensed employees or lead-certified or licensed subcontractor personnel to conduct lead-based paint activities, and all employees and lead-certified subcontractors shall follow the work practice standards of He-P 1600. I understand that the lead abatement contractor license carries no permissions to actively engage in lead-based paint or lead hazard reduction activities. I further certify that all information contained herein, including any supplements attached, is true and correct to the best of my knowledge and belief. The parties agree that this Lead Abatement Contractor Application 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 Lead Abatement Contractor Application on the basis that it was executed electronically.”

8. (h) Along with the “Lead Abatement Contractor Application” (February 2025), the applicant shall demonstrate that they meet all applicable standards and requirements, including the following:

   1. (1) Evidence that the business entity:

      1. a. Directly employs or employs as a subcontractor, a New Hampshire lead abatement supervisor, lead clearance testing technician, lead inspector, or risk assessor certified in accordance with He-P 1612; and

      2. b. If applicable, has an up-to-date written worker protection program that conforms with the following OSHA standards:

         1. 1. The standard for Respiratory Protection, 29 CFR 1910.134; and
         2. 2. The standard for Lead in Construction, 29 CFR 1926.62;
   2. (2) A list of all lead associated citations and notices of violation received in the United States including the name of the issuing agency or department and the final disposition of such citation or notice;
   3. (3) A list of states in which the applicant holds a license, certification, accreditation, or any other approval for lead abatement activity and description of the licensed activity;
   4. (4) A list of the names of the applicant’s principals or officers, and any persons with a controlling interest in the business;
   5. (5) A list of all other entities that perform lead abatement activities of which the applicant or its principals or officers, or persons with a controlling interest, is a principal or officer, or person with a controlling interest;
   6. (6) A list of all names and acronyms by which the applicant’s business entity is known or under which it does or has done business;
   7. (7) A statement certifying that all of the information provided in support of the application is true and complete;
   8. (8) A list of all individuals in the contractor’s employ that perform lead abatement activities including first and last names and license numbers;
   9. (9) A statement attesting that the contractor shall employ only individuals certified or licensed in accordance with He-P 1612, including lead-certified or licensed employees or lead-certified or licensed subcontractor personnel to conduct lead-based paint activities, and that the business entity and its employees and lead-certified subcontractors shall follow the work practice standards of He-P 1600; and
   10. (10) Provide evidence, in the form of the business entity’s business identification number, of being registered to do business in the state of New Hampshire, as required by the Secretary of State.

9. (i) To be certified as an owner-contractor, an individual shall be 18 years of age or older and meet the following requirements:

   1. (1) Successful completion of a lead abatement supervisor educational program certified in accordance with He-P 1611, another state, Tribal Nation, or by the EPA with prior approval from the department;;
   2. (2) Successful completion of the proficiency examinations described in He-P 1612.04; and
   3. (3) Have at least 2 years of work experience in asbestos, lead, environmental remediation, or in the building trades.

10. (j) To be certified as lead abatement supervisor, an individual shall be 18 years of age or older and meet the following requirements:

    1. (1) Successful completion of a lead abatement supervisor educational program certified in accordance with He-P 1611, another state, Tribal Nation, or by the EPA with prior approval from the department;;
    2. (2) Successful completion of the proficiency examinations described in He-P 1612.04; and

    3. (3) The individual shall have the following experience requirements:

       1. a. At least 12 months of work experience as a certified lead abatement worker; or
       2. b. Have at least 2 years of work experience in asbestos, lead, environmental remediation, or in the building trades.
11. (k) To be certified as a lead abatement worker, an individual shall be 18 years of age or older and successfully complete a lead abatement worker educational program certified in accordance with He-P 1611.

12. (l) To be certified as a lead clearance testing technician, an individual shall be 18 years of age or older and meet the following requirements:

    1. (1) Successful completion of a lead clearance testing technician education program certified in accordance with He-P 1611; and
    2. (2) Successful completion of the proficiency examination described in He-P 1612.04(a)(1).
13. (m) Any individual who has a current New Hampshire license as a lead inspector or risk assessor on the effective date of these rules and who continuously maintains that license shall not be required to meet the requirements in (e)(4)and (f)(3)-(4) above.
14. (n) A refresher lead educational program, certified in accordance with He-P 1611 and specific to the discipline of lead professional being applied for, shall be successfully completed annually.
15. (o) All individuals licensed or certified under this part shall notify the department, in writing, within 30 days of any changes to any of the information contained on the most current application submitted to the department.

Source. #5920, eff 1-1-95; amd 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, EXPIRED: 9-1-19 New. #13052, eff 6-11-20; ss by #14230, eff 4-2-25