(a) If the inspector and the applicant or licensee agree in the wrap-up meeting that some or all of the deficiencies cannot be corrected within 14 days, for instance because more than 14 days will be needed to acquire materials, contractors, permission from the owner of the premises, or a municipal permit, then:
- (1) The inspector and the applicant or licensee shall identify the actions that need to be taken and the time frame that is reasonable for taking each action; and
(2) The applicant or licensee shall submit the following to the inspector, within 14 days of the inspection:
- a. A written agreement to extend the OPLC’s deadline under RSA 541-A:29, II, if the specified time would otherwise expire prior to the deficiencies being corrected; and
- b. A written DC plan.
(b) If the applicant or licensee submits a DC plan pursuant to (a), above, then:
(1) The inspector shall approve the plan and notify the applicant or licensee via email to the applicant’s or licensee’s designated email address of the approval if:
- a. The plan accurately reflects the action(s) and time frame(s) agreed to in the wrap-up meeting; or
- b. The plan does not accurately reflect the action(s) and time frame(s) agreed to in the wrap-up meeting, but explains any discrepancies, for example that materials or a contractor will take longer than anticipated to acquire, and still would result in all of the deficiencies being corrected within a reasonable amount of time based on the nature and extent of work that is needed; and
(2) Upon receipt of notification that the plan has been approved, the applicant or licensee shall:
a. Implement the plan; and
b Contact the inspector not later than the first working day after all deficiencies have been corrected to arrange an in-person or virtual inspection to confirm the corrections.
(c) If the applicant or licensee submits a DC plan that does not meet the criteria for approval in (b)(1)a. or b., above, the inspector shall notify the applicant that the plan cannot be approved and:
- (1) If the plan would meet the criteria for approval if minor adjustments were made, return the plan to the applicant with a request to make the necessary adjustments and resubmit the plan within 10 days; or
- (2) If the plan would need major changes to meet the approval criteria, reject the plan.
(d) For purposes of (c)(1), above, “minor adjustments” shall be changes to:
- (1) Forty percent or less of the plan for a DC plan that consists of one to 5 actions;
- (2) Thirty percent or less of the plan for a DC plan that consists of 6 to 10 actions; and
- (3) Twenty percent or less of the plan for a DC plan that consists of more than 10 actions.
(e) For purposes of (c)(2), above, “major changes” shall be:
- (1) Changes to measures addressing deficiencies that pose an imminent peril to public health and safety; or
- (2) Changes that exceed “minor adjustments” as described in (d), above.
Source. #14031, eff 8-15-24