N.H. Rev. Stat. Ann. § 130-A: § 130-A:11
Application.
Operative Text
I. The department shall implement and enforce the provisions of this chapter throughout the state. II. Notwithstanding the provisions of paragraph I, any municipality which adopts this chapter by a majority vote of its local governing body, as defined in RSA 672:6, may assume full and sole legal authority to enforce the provisions of this chapter by any means lawfully delegated to the municipality by any statute, except for matters pertaining to licensure and certification under RSA 130-A:12 which shall rest solely with the department. III. Health authorities in municipalities other than those adopting this chapter under RSA 130-A:11, II, may, upon request to and approval by the commissioner, carry out investigations under RSA 130-A:5. The issuance of orders shall remain the sole responsibility of the commissioner.
New Hampshire Revised Statutes § 130-A:11 establishes a layered system for enforcing the state's lead paint and hazardous materials rules. By default, the state Department of Health and Human Services holds statewide enforcement authority. However, individual municipalities may vote to take over local enforcement, and even municipalities that do not fully adopt the chapter may still conduct investigations with state approval, though the power to issue formal orders stays with the state commissioner.
Plain English — not legal advice.
Under § 130-A:11, property owners and managers should be aware that the agency responsible for enforcing lead-related requirements may differ depending on where a property is located — it could be the state department or a municipality that has voted to assume enforcement authority. Compliant operators generally stay informed about which body holds jurisdiction in their locality, since that determines where inspections, orders, and compliance communications originate. Licensure and certification matters under RSA 130-A:12 always remain with the state department, regardless of local adoption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 130-A:11 determines which authority a tenant can turn to if lead or hazardous material concerns arise in a rental property. In municipalities that have adopted the chapter, local health authorities may be the primary enforcement contact, while in other areas the state commissioner retains the power to issue orders. Tenants with concerns may consider contacting their local health department to determine which body holds jurisdiction, and tenant-rights organizations can help identify the appropriate enforcement path under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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