Housing
Residential Rental Property: Chapter 48-A Housing Standards
In the State of New Hampshire, it is the responsibility of the local Health Officer to enforce the minimum health and safety standards set forth in RSA 48-A:14 Housing Standards that are specific to rental housing. The Merrimack Health Division responds to complaints regarding residential rental property in town. It is important to note that RSA 48-a:14 code does not apply to owner-occupied property. Individuals need to be cognizant of the limitations of our authority and be aware this department cannot become involved in landlord-tenant disputes. Currently, the Town of Merrimack does not require the rental property to be reinspected after its initial approval for occupancy.
In the State of New Hampshire, it is the responsibility of the local Health Officer to enforce the minimum health and safety standards set forth in RSA 48-A:14 Housing Standards that are specific to rental housing. The Merrimack Health Division responds to complaints regarding residential rental property in town. It is important to note that RSA 48-a:14 code does not apply to owner-occupied property. Individuals need to be cognizant of the limitations of our authority and be aware this department cannot become involved in landlord-tenant disputes. Currently, the Town of Merrimack does not require the rental property to be reinspected after its initial approval for occupancy.
LAWS AND REGULATIONS
- RSA 147 Nuisances; Toilets; Drains; Rubísh and Waste: http://www.gencourt.state.nh.us/rsa/html/X/147/147-mrg.htm
- RSA 48-A Housing Standards; (rental housing only): http://www.gencourt.state.nh.us/rsa/html/III/48-A/48-A-14.htm
- RSA 155-B Hazardous and Dilapidated Buildings: http://www.gencourt.state.nh.us/rsa/html/XII/155-B/155-B-mrg.htm
- RSA 155-A New Hampshire Building Code: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XII-155-A.htm
Additional Information for Occupants & Owners
Mold
Standards for Mold: There are no health-based standards or ‘exposure limits’ for airborne fungal spores for indoor air quality in New Hampshire or the United States. Airborne fungal spores are common outdoors and indoors during certain times of the year. The presence of growing mold indoors indicates water is entering the structure through excessive condensation, a plumbing or structural leak, or improper drainage.
Enforcement: The Merrimack Health Officer does not have enforcement authority regarding mold remediation, but does have enforcement authority if minimum housing standards for moisture control are not met. In this case, the Health Officer may work with the property owner to address evidence of water intrusion, defective plumbing, water leaks, etc.
Property Owner Responsibility: Under RSA 48A, landlords have the responsibility to address plumbing leaks, improperly functioning sewer, and other water leaks pertaining to the roof and walls.
Occupant Responsibility: Note that mold growth due to condensation of moisture from indoor air is generally the responsibility of the tenant to clean and maintain. Condensation naturally occurs when moisture in the air comes into contact with a cool surface and liquefies. This is commonly seen on windows during cold weather or in bathrooms due to steam from hot showers. In these situations, The Health Officer will advise occupants on the importance of ventilating, cleaning, and keeping the area dry.
Educational Information Regarding Mold
- Centers for Disease Control and Prevention: Mold https://www.cdc.gov/mold/default.htm
- US Environmental Protection Agency brochure: A Brief Guide to Mold, Moisture, and Your Home’
- NH Department of Environmental Services: ‘Mold in Your Home?’
- New Hampshire Mold Task Force: Standard of Care for the New Hampshire Mold Industry