[HISTORY: Adopted by the City Council of the City of Franklin 3-7-1988.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A person who is six years of age or less or a person who is mentally
impaired to the extent that his or her intelligence or understanding is that
of a person six years of age or less.
A structure in which children under the age of six are present on
a regular basis.
The Director of the Division of Public Health Services, New Hampshire
Department of Health and Human Services.
The Director of the Division of Public Health Services or his or
her designated agent or the Franklin Health Officer or his or her designated
agent.
Any paint, plaster building material or any other substance containing
extractable lead in excess of amounts allowed under the Federal Hazardous
Substance Act, as amended.
A blood lead level at a concentration which is hazardous to health
as established by the Director.
Includes, but is not limited to, such areas as windowsills, window
frames, doors, door frames, walls, ceilings, porches, stairs, handrails, toys,
furniture, food utensils and other appurtenances.
It shall be unlawful for any person to use or apply, or cause to be
used or applied, in any dwelling unit or child care facility, any lead-based
substance as defined in RSA 130-A:1, XI, or any substance containing lead
in an amount greater than allowed by the Federal Hazardous Substance Act.
The health authority, upon presenting the appropriate credentials to
the owner and occupant, or their representatives, may inspect any dwelling
unit or child care facility at reasonable times for the purpose of ascertaining
the presence of lead-based substances. Such inspections shall be made only
where there are reasonable grounds to suspect that there are lead-based substances
in or upon the exposed surfaces of any dwelling unit or child care facility
or upon the request of either the owner or the occupant with whom any child
resides or where a case of lead poisoning has been reported. The health authority
shall inspect within 30 days any such premises thought to be associated with
a reported lead poisoning.
If the health authority determines that lead-based substances exist
in or on any exposed surfaces of any dwelling, dwelling unit or child care
facility and are a health hazard, then the actions in the following subsections
may be taken:
A.Â
The health authority shall give notice of the existence
of the substances to all persons residing in the dwelling unit.
B.Â
The health authority shall give notice of the existence
of the substances to the owner or managing agent and order that the lead-based
substances be removed, replaced or securely and permanently covered within
30 days of receipt of the notice. If, at the discretion of the health authority,
such lead-based substances cannot be removed, replaced or securely and permanently
covered within 30 days, a reasonable extension of time for such action may
be granted.
C.Â
The health authority may post in or upon the dwelling,
dwelling unit or child care facility, in a conspicuous place or places, notice
of the existence of the lead-based substances. The notice shall not be removed
until the health authority states that the lead-based substances no longer
constitute a health hazard.
D.Â
If, before the end of the thirty-day period or extension
thereof, the owner sells the dwelling or child care facility, he or she must
notify the prospective buyer of the lead problem and the new owner must assume
the responsibility of carrying out the requirements of this section within
the specified time period.
No person shall knowingly rent a dwelling or dwelling unit which has
been found by the health authority to have harmful lead-based substances present
when such dwelling or dwelling unit is to be occupied by a child or children.
In circumstances where the presence of lead-based substances is unsuspected
and becomes known only after the dwelling or dwelling unit is already rented
to a family with a child or children, then the family shall not be evicted
for that reason, but the owner and occupant of the dwelling or dwelling unit
shall be given written notice by the health authority advising them of the
existence of such substances in the dwelling or dwelling unit and ordering
that within 30 days such lead-based substances be removed, replaced or securely
and permanently covered.
