141-E:8 Inspection of Building; Orders. –
I. Whenever the commissioner has reason to suspect the presence of RACM in any public building, facility, school, or rental dwelling, the commissioner may cause inspections to be carried out. If RACM is found in damaged or deteriorated condition or if conditions exist which could result in significant human exposure or if asbestos levels exceeding 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods are found, the commissioner may order corrective action to abate the risk to the health of the public. The order may, at the discretion of the commissioner, include notice of closure of access under RSA 141-E:7.
II. In the event that asbestos levels exceed the standards set in RSA 141-E:6, I or II, there may be a second test of samples collected over an 8-hour period or as otherwise approved by the department, analyzed by scanning or transmission electron microscopy analysis before any order of abatement is issued. The results of the scanning or transmission electron microscopy analysis, which shall be recorded in terms of the number of asbestos fibers longer than 5 micrometers per cubic centimeter of air in accordance with OSHA standard definitions for asbestos monitoring, shall prevail in the determination of whether the standard is exceeded. Such tests shall be paid for by the owner of the building or facility being analyzed.
III. The commissioner may, upon request of the owner, inspect private dwellings for the presence of RACM. If RACM is found, the commissioner shall make recommendations to the owner for its abatement. The commissioner shall charge a fee for such inspections under RSA 141-E:12.