NH Lead paint inspections

I’m sure all licensed inspectors are receiving this email but I thought I would post it just in case.

February 28, 2013

RE: NH DHHS Lead Poisoning Prevention Program

Licensed Home Inspector,

It has come to our attention that a number of home inspectors have been
testing for the presence of lead using ‘instant home lead testing kits’.
Inspections for the presence of lead paint in the State of New Hampshire
can be conducted by two methods. Lead paint can be tested with an XRF
machine or by laboratory analysis of paint chips by atomic absorption
spectrometry. Any other testing methods are not approved in the State of
New Hampshire.

In order to perform lead inspections in the State of New Hampshire, all
individuals are required to take a Lead Inspector class from an approved NH
licensed provider, perform training under a mentor, and license with the
State of New Hampshire as a Licensed Inspector pursuant to NH Lead
Poisoning Prevention and Control Rules He-P 1600.

NH STATUE AND RULES

RSA 130-A:1 XV. ""Lead inspector’’ means any person or entity engaged in
inspections for the presence of lead base substances.

RSA 130-A:1 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.

RSA 130-A:9 II. No person shall perform or cause to be performed a lead
inspection or lead risk assessment, as defined in HE-P 1600, in a dwelling
or dwelling unit or in a child care facility in any manner other than as
provided for in rules adopted under RSA 130-A:10.

RSA 130-A:9 V. No person shall advertise or otherwise offer or make
available services as a lead inspector, lead risk assessor, or lead
abatement contractor without being licensed under RSA 130-A:12.

ASSESSMENT OF ADMINISTRATIVE FINE

He-P 1600 1606.02(i)(15) Performing the duties of a lead inspector without
a current lead inspector license or a variance from the department, the
fine shall be $500.00;

He-P 1600 1606.02(i)(16) Performing the duties of a risk assessor without
a current risk assessor license or a variance from the department, the fine
shall be $1000.00;

He-P 1600 1606.02(j) If the same violation is cited or the violation has
not been remedied in 30 days, the fine shall be twice the first fine, not
to exceed $2000;

He-P 1600 1606.02(k) For all subsequent repeat violations or violations
that have not been remedied after 90 days, the fine shall be $2000;

Should you decide to perform or advertise for lead inspections in NH
without a license, you will be subject to an Administrative Fine. If you
would like information on how to become a licensed lead inspector or risk
assessor or have any further questions please contact Knatalie Vetter at
800-852-3345, ext. 4719 (within NH) or 603-271-4719.

Thanks Peter Much appreciated

The XRF equipment for lead testing is expensive. Collecting chip samples and submitting them to a lab is a lot less expensive.

Who, in their right mind would do this? I got this email and almost fell over. Any trained professional inspector should know this is totally unacceptable. It has to be a joke.

Unfortunately I don’t think it is. I had a Realtor ask me last year if this was acceptable and of course I said no, you have to be licensed.

It must be a problem if their sending out this email.