§ 16-41-39.8-13 — Applicability of section; methods for removal of lead-based paint and prohibition

Indiana § 16-41-39.8-13

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 39.8: Lead-Based Paint Activities

Text

(a) This section applies to:
(1) remodeling, renovation, and maintenance activities at target
housing and child occupied facilities built before 1960; and
(2) lead-based paint activities.
(b) This section does not apply to an individual who performs
remodeling, renovation, or maintenance activities within a residential
dwelling that the individual owns, unless the residential dwelling is
occupied:
(1) while the activities are being performed, by an individual
other than the owner or a member of the owner's immediate
family; or
(2) by a child who:
(A) is less than seven (7) years of age or an age specified in
rules adopted under section 6 of this chapter; and
(B) resides in the building and has been identified as having an
elevated blood lead level.
(c) A person not exempted under subsection (b) from the application
of this section who performs an activity under subsection (a) that
disturbs:
(1) exterior painted surfaces of more than twenty (20) square feet;
(2) interior painted surfaces of more than two (2) square feet in
any one (1) room or space; or
(3) more than ten percent (10%) of the combined interior and
exterior painted surface area of components of the building;
shall meet the requirements of subsections (e), (f), and (g).
(d) For purposes of this section, paint is considered to be lead-based
paint unless the absence of lead in the paint has been determined by a
lead-based paint inspection conducted under this chapter.
(e) A person may not use any of the following methods to remove
lead-based paint:
(1) Open flame burning or torching.
(2) Machine sanding or grinding without high efficiency
particulate air local exhaust control.
(3) Abrasive blasting or sandblasting without high efficiency
particulate air local exhaust control.
(4) A heat gun that:
(A) operates above one thousand one hundred (1,100) degrees
Fahrenheit; or
(B) chars the paint.
(5) Dry scraping, except:
(A) in conjunction with a heat gun; or
(B) within one (1) foot of an electrical outlet.
(6) Dry sanding, except within one (1) foot of an electrical outlet.
(f) In a space that is not ventilated by the circulation of outside air,
a person may not strip lead-based paint using a volatile stripper that is
a hazardous chemical under 29 CFR 1910.1200, as in effect July 1,
2002.
(g) A person conducting activities under subsection (a) on painted
exterior surfaces may not allow visible paint chips or painted debris
that contains lead-based paint to remain on the soil, pavement, or other
exterior horizontal surface for more than forty-eight (48) hours after the
surface activities are complete.

Legislative History

As added by P.L.57-2009, SEC.17.