[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.
- CHILD CARE FACILITY
- 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.
- HEALTH AUTHORITY
- 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.
- LEAD-BASED SUBSTANCE
- 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.
- LEAD POISONING
- 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:
The health authority shall give notice of the existence of the substances to all persons residing in the dwelling unit.
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.
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.
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.