§ 16-41-39.8-3 — License for engaging in lead-based paint activities; clearance examiner license; contractor's license; training; examination; issuance

Indiana § 16-41-39.8-3

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

Text

(a) A person who engages in lead-based
paint activities must obtain a license under this chapter and under rules
adopted under section 6 of this chapter. Lead-based paint activities
licenses issued under IC 13-17-14 (before its repeal) or under this
chapter expire as follows:
(1) On June 30, 2004, if issued before July 1, 2002.
(2) Three (3) years after the date of issuance, if issued after June
30, 2002.
(b) A person may receive a lead-based paint activities license under
this chapter for the following disciplines:
(1) Inspector.
(2) Risk assessor.
(3) Project designer.
(4) Supervisor.
(5) Abatement worker.
(6) Contractor.
(c) A person may receive a clearance examiner license under this
chapter. A person who engages in the clearance of nonabatement
activities under 24 CFR 35.1340(b)(1)(iv), as in effect July 1, 2002,
must obtain a clearance examiner license under this chapter and under
rules adopted under section 6 of this chapter. A clearance examiner
license expires three (3) years after the date of issuance.
(d) A person who enters into a contract requiring the person to
execute for compensation lead-based paint activities must hold a
lead-based paint activities contractor's license.
(e) A person must:
(1) take required training and pass an examination provided in a
lead-based paint training course or clearance examiner training
course, as appropriate, approved by the state department;
(2) for a license in the discipline of:
(A) inspector;
(B) risk assessor;
(C) project designer; or
(D) supervisor;
pass an examination provided by the state department or a third
party as required by rules adopted under section 6 of this chapter;
and
(3) meet any requirements established by rules adopted under
section 6 of this chapter;
before the person may receive a lead-based paint activities license or
clearance examiner license.
(f) The state department may issue a license for a position listed
under subsection (b) or (c) if the applicant submits proof to the state
department that the applicant satisfies the training, examination, and
other requirements for the license under this chapter.
(g) A:
(1) lead-based paint activities license; or
(2) clearance examiner license;
issued under IC 13-17-14 (before its repeal) or this chapter may be
renewed for a period of three (3) years. To renew a license, a person
who holds a license for a position listed in subsection (b) or (c) must
complete refresher training and pass any reexamination required by
rules adopted under section 6 of this chapter.
(h) A lead-based paint activities contractor licensed under this
chapter may not allow an agent or employee of the contractor to:
(1) exercise control over a lead-based paint activities project;
(2) come into contact with lead-based paint; or
(3) engage in lead-based paint activities;
unless the agent or employee is licensed under this chapter.
(i) A person engaging in lead-based paint activities shall comply
with the work practice standards established in rules adopted under
section 6 of this chapter and the applicable work practice standards
established in section 13 of this chapter for performing the appropriate
lead-based paint activities.

Legislative History

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