Indiana § 16-41-21.2-4 Testing of child care facility or preschool drinking water for lead;
action to reduce concentration

Indiana Statutes

§ 16-41-21.2-4 — Testing of child care facility or preschool drinking water for lead; action to reduce concentration

Indiana § 16-41-21.2-4

Title 16HEALTH

Art. 41PUBLIC HEALTH MEASURES FOR THE

Ch. 21.2Water in Child Care Facilities and Preschools

This text of Indiana § 16-41-21.2-4 (Testing of child care facility or preschool drinking water for lead; action to reduce concentration) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-41-21.2-4 (2026).

Text

(a)Except as provided in subsection (c), the owner or operator having authority over a child care facility or preschool shall test the drinking water in the child care facility or preschool before January 1, 2026, to determine whether lead is present in the drinking water in a concentration that equals or exceeds the action level for lead.

(b)Drinking water testing required by this section must be performed in accordance with the lead sampling program for school buildings and child care facilities conducted by the Indiana finance authority.

(c)If the drinking water in a child care facility or preschool has been tested through a lead sampling program conducted by the Indiana finance authority, the owner or operator having authority over the child care facility or preschool is not require

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(a) Except as provided in subsection (c), the
owner or operator having authority over a child care facility or
preschool shall test the drinking water in the child care facility or
preschool before January 1, 2026, to determine whether lead is present
in the drinking water in a concentration that equals or exceeds the
action level for lead.
(b) Drinking water testing required by this section must be
performed in accordance with the lead sampling program for school
buildings and child care facilities conducted by the Indiana finance
authority.
(c) If the drinking water in a child care facility or preschool has been
tested through a lead sampling program conducted by the Indiana
finance authority, the owner or operator having authority over the child
care facility or preschool is not required to test the drinking water in the
child care facility or preschool before January 1, 2026, under
subsection (a).
(d) If the testing of the drinking water in a child care facility or
preschool under this section indicates that the presence of lead in the
drinking water equals or exceeds the action level for lead, the owner or
operator having authority over the child care facility or preschool shall
take action to reduce the concentration of lead in the drinking water to
a level below the action level for lead by:
(1) eliminating the source of the lead in the drinking water; or
(2) installing a water filtration system that will reduce the level of
lead in the drinking water to a level below the action level for
lead.
(e) A water filtration system installed under subsection (d)(2) must
meet the following conditions, as applicable:
(1) If the system is a point-of-use water filtration system, it must
be certified by a certifying body accredited by a signatory to the
International Accreditation Forum Multilateral Recognition
Arrangement (IAFMRA), such as the American National
Accreditation Board (ANAB), for drinking water treatment units
for lead reduction.
(2) If the system is a water treatment system on a drinking water
outlet, it must be third party certified:
(A) under NSF/ANSI 53 for lead reduction;
(B) under NSF/ANSI 42 for particulate reduction (Class 1); or
(C) under NSF/ANSI 58 for lead reduction.
(f) If the owner or operator of a child care facility or preschool
installs a water filtration system under subsection (d)(2), the owner or
operator shall:
(1) follow the manufacturer's instructions for the installation, use,
and maintenance of the water filtration system; and
(2) create and follow a maintenance schedule that identifies the
person responsible for the installation and maintenance of the
water filtration system.
(g) The environmental rules board shall, under IC 4-22-2 and IC 13-14-9, adopt rules concerning the action level for lead. Rules adopted
by the environmental rules board shall conform with the forthcoming
Lead and Copper Rule Improvements (LCRI) being promulgated by the
United States Environmental Protection Agency.