N.H. Rev. Stat. Ann. § 130-A: § 130-A:9
Prohibitions.
Operative Text
I. No person shall perform or cause to be performed lead base substance abatement, in-place management, or interim controls in a dwelling or dwelling unit, or in any child care facility, in any manner other than as provided for in rules adopted under RSA 130-A:10. 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. III. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction when the method of reduction causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under RSA 130-A:7. IV. No person performing inspections or lead risk assessments, as defined in HE-P 1600, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction. 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. VI. No person shall engage any individual for lead base substance abatement who has not been tested and certified under RSA 130-A:12. However, individuals not certified under RSA 130-A:12, II, may engage in activities related to a lead exposure hazard reduction plan, such as, but not limited to, installation of exterior siding, carpet or paving, or application of encapsulants, provided that the individual does not engage directly in lead based substance abatement and the plan is reviewed and approved by a contractor licensed under RSA 130-A:12, I. VII. No training program shall be offered in this state for the purposes of training lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers that has not been certified under RSA 130-A:12.
New Hampshire Revised Statutes § 130-A:9 establishes a set of prohibitions governing lead-related work in dwellings, dwelling units, and child care facilities. Under this provision, lead abatement, in-place management, interim controls, inspections, and risk assessments must all be carried out in strict conformance with rules adopted under RSA 130-A:10, and only by individuals or contractors holding the appropriate licenses or certifications under RSA 130-A:12. The provision also bars children and pregnant women from occupying a space during lead hazard reduction activities that release inhalable or ingestible lead, and prohibits the same person from both conducting lead hazard reduction and performing the post-reduction inspection. Training programs for lead-related professionals must likewise be certified before they may operate in the state.
Plain English — not legal advice.
Property owners and managers who oversee rental dwellings or dwelling units in New Hampshire should be aware that § 130-A:9 requires all lead abatement, in-place management, interim controls, inspections, and risk assessments to be performed only by licensed and certified professionals operating under the rules of RSA 130-A:10 and RSA 130-A:12. Compliant operators verify that any contractor they hire holds the proper license before work begins, and they ensure that children and pregnant women are removed from the affected space during lead hazard reduction activities that could release lead particles. Reoccupancy of the dwelling or dwelling unit is not permitted until a qualifying inspection confirms that the lead exposure hazard has been adequately reduced, as required by § 130-A:9(III).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.H. Rev. Stat. Ann. § 130-A:9, tenants who are pregnant or who have children in the household have a specific statutory protection: neither a child nor a pregnant woman may lawfully be present in a rented dwelling or dwelling unit during lead hazard reduction work that releases lead particles that could be inhaled or ingested. Tenants may also have grounds to raise a concern if they believe lead-related work in their unit was performed by an unlicensed or uncertified individual, or if a post-reduction inspection was not conducted before reoccupancy was required. Tenants who believe these prohibitions have been violated can explore options such as contacting the New Hampshire Department of Health and Human Services, consulting a tenant-rights organization, or raising the violation as a defense or claim in a relevant legal proceeding.
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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