RSA 130-A:1 · Definitions

130-A:1 Definitions. – As used in this chapter:

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I.

"Child" or "children" means a person or persons 72 months of age or less.

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II.

"Child care facility" means a facility required to be licensed under the provisions of RSA 170-E:4.

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III.

"Commissioner" means the commissioner of the department of health and human services.

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IV.

"Department" means the department of health and human services.

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V.

"Dwelling" means a structure used or intended for human habitation, including interior and exterior surfaces, and may include common areas and all other property, including land and other structures, located within the same lot.

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VI.

"Dwelling unit" means any room, group of rooms or other interior area of a dwelling or other structure, all or part of which is offered or made available for human habitation, and may include all common areas of the unit and exterior surfaces.

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VII.

"Encapsulation" means resurfacing or covering surfaces with such substances, including paints as are approved as encapsulants, and sealing or caulking with durable materials, to prevent or control the creation of lead exposure hazards. Approved encapsulants under this chapter are:

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(a)

Paints or other substances approved under section 402(a) of Title IV of the Toxic Substances Control Act, 15 U.S.C. section 2601, et seq.;

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(b)

Paints or other substances approved as encapsulants by public health authorities in any other state, and approved by the commissioner;

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(c)

Paints or other substances set forth in rules adopted by the commissioner pursuant to RSA 130-A:10, XIV.

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VIII.

"Health authority" means any health officer appointed under RSA 47:12 and RSA 128:1. VIII-a. "Health care provider" means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, and any officer, employee or agent of such provider acting in the course and scope of employment or agency related to or supportive of health care services.

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IX.

"Interim controls" means a set of measures designed to reduce temporarily human exposure or likely exposure to lead exposure hazards, including regular cleaning, repairs, maintenance, painting, or temporary containment, and the establishment and operation of management and resident education programs. "Interim controls" may include in-place management.

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X.

"Lead abatement worker" means an employee of a lead abatement contractor or of the owner or manager of a leased or rented dwelling or dwelling unit, or of a child care facility, engaged in lead base substance abatement or who supervises such abatement.

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XI.

"Lead base substance" means:

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(a)

When present in a dried film of paint or other coating on walls, woodwork or other surfaces, or in plaster, putty or other substances:

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(1)

The presence of lead equal to or greater than 1.0 milligram of lead per square centimeter of surface area as measured on site by a portable x-ray fluorescence analyzer; or

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(2)

The presence of lead equal to or greater than 0.5 percent lead by weight as determined by laboratory analysis.

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(b)

When present in soil, the presence of lead equal to or greater than 400 parts per million of lead in bare soil in children's play areas or 1,200 parts per million average for bare soil in the rest of the yard.

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(c)

When present in surface dust and quantified as an area or mass concentration:

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(1)

The presence of lead on floors, equal to or greater than 40 micrograms of lead per square foot;

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(2)

The presence of lead on windowsills, equal to or greater than 250 micrograms of lead per square foot;

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(3)

The presence of lead in window wells, equal to or greater than 400 micrograms of lead per square foot; or

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(4)

As established by the United States Environmental Protection Agency, in which case the federal standard shall prevail.

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XII.

"In-place management" means the use of maintenance or administrative controls, including specialized cleaning and periodic monitoring, to prevent lead base substances from becoming lead exposure hazards.

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XIII.

"Lead base substance abatement" means any set of measures designed to permanently eliminate a lead exposure hazard, including removal, containment, encapsulation, or replacement of surfaces or fixtures that present a lead exposure hazard and all preparation, cleanup, and post abatement clearance testing associated with such measures.

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XIV.

"Lead abatement contractor" means any person or entity engaged in lead base substance abatement.

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XV.

"Lead inspector" means any person or entity engaged in inspections for the presence of lead base substances.

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XVI.

"Lead exposure hazard" means:

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(a)

The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than 1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;

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(b)

Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;

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(c)

Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or

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(d)

Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than the limits defined in RSA 130-A:1, XI(b). XVI-a. "Lead hazard reduction" means a set of measures designed to reduce a lead exposure hazard, including abatement, interim controls, or a combination of them. XVI-b. "Lead risk assessor" means an individual who conducts risk assessments, as defined in He-P 1602.44, develops lead hazard reduction plans, as defined in paragraph XVI-a, and issues final risk assessment reports. XVI-c. "Lead clearance testing technician" means an individual who conducts tests for the presence of surface dust, as defined in subparagraph XI(c), or lead in soil, as defined in subparagraph XI(b).

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XVII.

"Occupant" means any person who legally resides in a dwelling or dwelling unit.

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XVIII.

"Owner" means any person who, alone or jointly or severally with others, has legal title to any dwelling, dwelling unit, or child care facility, or a person who has charge, care or control of a dwelling, dwelling unit, or child care facility as an agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. An agent of the owner excludes real estate, property management, and other entities which do not have authority to fund capital or major property rehabilitation on behalf of the owner. The term "owner" does not include a person who holds indicia of ownership primarily to protect a mortgage interest or security interest in real or personal property on or at a dwelling, dwelling unit or child care facility and who does not participate in the management of a dwelling, dwelling unit or child care facility. For the purpose of this definition, the owner of publicly owned dwellings, dwelling units or child care facilities shall be the chief administrative officer of the responsible town, city, county or state agency.

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XIX.

"Participating" or "participate" "in the management of a dwelling, dwelling unit or child care facility" means the actual participation by a holder in the management or operational affairs of a dwelling, dwelling unit or child care facility, including without limitation where a holder exercises control at a level comparable to that of a manager of the enterprise with responsibility for day-to-day decision-making with respect to all or substantially all of the operations (as opposed to financial or administrative) aspects of the dwelling, dwelling unit or child care facility. The following types of activities, in and of themselves, shall not constitute participation in the management of a dwelling, dwelling unit or child care facility:

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(a)

Taking title to a dwelling, dwelling unit or child care facility by foreclosure, by accepting a deed to such dwelling, dwelling unit or child care facility in lieu of foreclosure, by taking title to such dwelling, dwelling unit or child care facility by other similar means or the transfer or sale of such dwelling, dwelling unit or child care facility.

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(b)

Conducting, or requiring the borrower to conduct, an environmental assessment or audit of the dwelling, dwelling unit or child care facility.

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(c)

Withholding funds under an existing obligation or restructuring or renegotiating the terms of a borrower's obligations, including, but not limited to, requiring the payment of interest, the extension of payment periods or the issuance of additional funds.

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(d)

Providing financial advice to the borrower.

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(e)

Requiring or advising the borrower to comply with federal, state and local laws, rules, regulations, orders and permits.

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(f)

Collecting rents, maintaining utility services and securing the dwelling, dwelling unit or child care facility from unauthorized entry.

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(g)

Undertaking a lead base substance abatement.

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XX.

"Person" means any individual, corporation, company, association, partnership or other entity and includes town, city, county and state governmental agencies.

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XXI.

"Primarily to protect a mortgage interest or security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing the payment or performance of the loan or other obligation. Source. 1993, 325:2. 1995, 213:1; 310:175, 181-183. 1997, 165:1, 19. 2000, 96:1, 2. 2002, 63:1, 2, eff. Jan. 1, 2003.

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