Section 130-A:7 Enforcement.
I. Whenever the commissioner has reason to believe that the provisions of RSA 130-A:9, or any rule adopted by the commissioner under this chapter has been violated, the commissioner shall issue a notice of violation. The commissioner may also impose administrative fines under RSA 130-A:14 and may also request injunctive relief under RSA 130-A:17, I.
II. The commissioner, in requiring lead hazard reduction under RSA 130-A:6, I or II, shall do so by written order. The order shall include, as appropriate, the following information:
(a) The findings of the inspection, including the specific locations determined to constitute a lead exposure hazard.
(b) The methods appropriate for lead hazard reduction and copies of rules pertaining to lead hazard reduction adopted under the provisions of this chapter.
(c) The period of time within which lead hazard reduction shall be completed. The time period for lead hazard reduction of an occupied dwelling or dwelling unit shall not exceed 90 days except that the period may be extended at the discretion of the commissioner for the period of time determined to be reasonable by the commissioner under the circumstances of the case.
(d) The standards for reoccupancy of a dwelling or dwelling unit by a child, or the resumption of operations of a child care facility, after the conduct of lead hazard reduction.
(e) Responsibility for verification by a lead inspector or lead risk assessor of lead hazard reduction to the commissioner.
III. Any person subject to an order issued under this section may petition the superior court to review such order. The commissioner may also impose administrative fines under RSA 130-A:14 and may request injunctive relief under RSA 130-A:17, I in the event that an order, served by the commissioner, is not followed or a fine imposed by the commissioner is not paid.
IV. Any order issued by the commissioner that requires lead hazard reduction shall be binding upon and enforceable against the person to whom the order was issued and any other individual or entity that may acquire ownership of, or an interest in, the property that is subject to the order.
V. Interim controls, as defined in this chapter, may be used as an acceptable alternative to lead hazard abatement only with the prior written approval of the commissioner and if a lead exposure hazard reduction plan or any other subsequent plan is adopted and in place at the department to address compliance with the intent of this section. When interim controls are approved and maintained in response to an order, the person to whom the order was issued, and any other individual or entity that may acquire ownership of the property that is subject to the order, shall submit to the commissioner a certificate of compliance for interim controls from a licensed risk assessor annually prior to the expiration of the current certificate. When a certificate of compliance for interim controls is not issued by a licensed risk assessor prior to expiration of the current certificate or when an inspection by the commissioner, or designee, reveals that the property no longer meets the requirements of interim controls, the commissioner shall require submission of a certificate of compliance for abatement. The commissioner shall adopt rules, under RSA 541-A, for the procedures for interim controls.
VI. Any order issued by the commissioner shall be recorded in the registry of deeds for the county in which the property is situated and, upon recordation, the order shall run with the property.
Source. 1993, 325:2. 1995, 310:183. 1997, 165:8. 2000, 96:6, eff. June 26, 2000. 2006, 314:2-4, eff. Jan. 1, 2007. 2007, 293:4, eff. Jan. 1, 2008. 2009, 276:4, eff. Jan. 1, 2010.