CHAPTER 39.8. LEAD-BASED PAINT ACTIVITIES
IC 16-41-39.8
Chapter 39.8. Lead-Based Paint Activities
IC 16-41-39.8-1
Applicability
Sec. 1. (a) This chapter does not apply to the following:
(1) A person making an inspection under the authority ofIC 22-8-1.1.
(2) A person who performs lead-based paint activities within aresidential dwelling that the person owns, unless the residentialdwelling is occupied by:
(A) a person, other than the owner or the owner's immediatefamily, while these activities are being performed; or
(B) a child who:
(i) is not more than six (6) years of age or an age specifiedin rules adopted under section 6 of this chapter; and
(ii) resides in the building and has been identified ashaving an elevated blood lead level.
(b) This chapter may not be construed as requiring the abatementof lead-based paint hazards in a child occupied facility or targethousing.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-2
Establishment of lead-based paint activities program; investigation
Sec. 2. (a) The lead-based paint activities program is established.The purpose of the program is to ensure that a person conductinglead-based paint activities in target housing, child occupied facilities,and any other type of building specified in rules adopted undersection 6 of this chapter does so in a manner that safeguards theenvironment and protects the health of the building's occupants,especially children who are not more than six (6) years of age.
(b) The state department may investigate lead-based paintabatement activities in target housing and child-occupied facilitiesunder the following circumstances:
(1) The state department has received a written complaint aboutabatement activities.
(2) The state department has been informed of a child who:
(A) is:
(i) not more than six (6) years of age; or
(ii) an age specified in rules adopted under section 6 ofthis chapter;
(B) has been identified as having an elevated blood leadlevel; and
(C) has visited the site to be investigated.
(3) The state department is ensuring regulatory compliance withlicensure and abatement activities.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-3 License for engaging in lead-based paint activities; clearanceexaminer license; contractor's license; training; examination;issuance
Sec. 3. (a) A person who engages in lead-based paint activitiesmust obtain a license under this chapter and under rules adoptedunder section 6 of this chapter. Lead-based paint activities licensesissued under IC 13-17-14 (before its repeal) or under this chapterexpire as follows:
(1) On June 30, 2004, if issued before July 1, 2002.
(2) Three (3) years after the date of issuance, if issued afterJune 30, 2002.
(b) A person may receive a lead-based paint activities licenseunder 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 thischapter. A person who engages in the clearance of nonabatementactivities under 24 CFR 35.1340(b)(1)(iv), as in effect July 1, 2002,must obtain a clearance examiner license under this chapter andunder rules adopted under section 6 of this chapter. A clearanceexaminer license expires three (3) years after the date of issuance.
(d) A person who enters into a contract requiring the person toexecute for compensation lead-based paint activities must hold alead-based paint activities contractor's license.
(e) A person must:
(1) take required training and pass an examination provided ina lead-based paint training course or clearance examinertraining course, as appropriate, approved by the statedepartment;
(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 thirdparty as required by rules adopted under section 6 of thischapter; and
(3) meet any requirements established by rules adopted undersection 6 of this chapter;
before the person may receive a lead-based paint activities license orclearance examiner license.
(f) The state department may issue a license for a position listedunder subsection (b) or (c) if the applicant submits proof to the statedepartment that the applicant satisfies the training, examination, andother 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 berenewed for a period of three (3) years. To renew a license, a personwho holds a license for a position listed in subsection (b) or (c) mustcomplete refresher training and pass any reexamination required byrules adopted under section 6 of this chapter.
(h) A lead-based paint activities contractor licensed under thischapter 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 complywith the work practice standards established in rules adopted undersection 6 of this chapter and the applicable work practice standardsestablished in section 13 of this chapter for performing theappropriate lead-based paint activities.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-4
Lead-based paint activities training program requirements
Sec. 4. (a) A lead-based paint activities training program mustmeet requirements specified in rules adopted under section 6 of thischapter before providing initial or refresher training to a personseeking a license listed in section 3(b) of this chapter.
(b) The state department may approve a lead-based paint activitiestraining course offered by a person who satisfies the requirements ofsubsection (a).
(c) A lead-based paint activities training course must beconducted by an instructor approved by the state department asprovided in the rules adopted under section 6 of this chapter.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-5
Clearance examiner training program requirements
Sec. 5. (a) A clearance examiner training program must meetrequirements specified in rules adopted under section 6 of thischapter before providing initial or refresher training to a personseeking a license under section 3(c) of this chapter.
(b) The state department may approve a clearance examinertraining course offered as part of a program that satisfies therequirements of subsection (a).
(c) A clearance examiner training course must be conducted by aninstructor approved by the state department as provided in the rulesadopted under section 6 of this chapter.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-6
Rules; establishment of fees Sec. 6. (a) Rules adopted by the air pollution control board beforeJuly 1, 2009, under IC 13-17-14-5 (repealed) are considered rules ofthe state department after December 31, 2009.
(b) The state department shall adopt rules under IC 4-22-2 toreplace the rules of the air pollution control board described insubsection (a) and to implement this chapter. The rules adopted bythe state department must contain at least the elements required toreceive program authorization under 40 CFR 745, Subpart L, as ineffect July 1, 2002, and must do the following:
(1) Establish minimum requirements for the issuance of alicense for:
(A) lead-based paint activities inspectors, risk assessors,project designers, supervisors, abatement workers, andcontractors; and
(B) clearance examiners.
(2) Establish minimum requirements for approval of theproviders of:
(A) lead-based paint activities training courses; and
(B) clearance examiner training courses.
(3) Establish minimum qualifications for:
(A) lead-based paint activities training course instructors;and
(B) clearance examiner training course instructors.
(4) Extend the applicability of the licensing requirements toother facilities as determined necessary by the board.
(5) Establish work practice standards.
(6) Establish a state department or third party examinationprocess.
(7) Identify activities, if any, that are exempted from licensingrequirements.
(8) Establish a reasonable fee based on current market value perperson, per license, for the period the license is in effect for aperson seeking a license under section 3 of this chapter.However, the following may not be required to pay a feeestablished under this subdivision:
(A) A state.
(B) A municipal corporation (as defined in IC 36-1-2-10).
(C) A unit (as defined in IC 36-1-2-23).
(9) Establish a reasonable fee based on current market value percourse, per year, for a lead-based paint activities trainingprogram seeking approval of a lead-based paint activitiestraining course under section 4 of this chapter. However, thefollowing may not be required to pay a fee established underthis subdivision:
(A) A state.
(B) A municipal corporation (as defined in IC 36-1-2-10).
(C) A unit (as defined in IC 36-1-2-23).
(D) An organization exempt from income taxation under 26U.S.C. 501(a).
(10) Establish a reasonable fee based on current market value
per course, per year, for a clearance examiner training programseeking approval of a clearance examiner training course undersection 5 of this chapter. However, the following may not berequired to pay a fee established under this subdivision:
(A) A state.
(B) A municipal corporation (as defined in IC 36-1-2-10).
(C) A unit (as defined in IC 36-1-2-23).
(D) An organization exempt from income taxation under 26U.S.C. 501(a).
(c) The amount of the fees under subsection (b) may not be morethan is necessary to recover the cost of administering this chapter.
(d) The proceeds of the fees under subsection (b) must bedeposited in the lead trust fund established by section 7 of thischapter.
(e) The minimum requirements established under subsection(b)(1) must be sufficient to allow the clearance examiner to performclearance examinations without the approval of a certified riskassessor or inspector as provided in 24 CFR 35.1340(b)(1)(iv), as ineffect July 1, 2002.
As added by P.L.57-2009, SEC.17. Amended by P.L.1-2010, SEC.73.
IC 16-41-39.8-7
Lead trust fund; use of money in fund
Sec. 7. (a) The lead trust fund established by IC 13-17-14-6(repealed) is reestablished to provide a source of money for thepurposes set forth in subsection (f).
(b) The expenses of administering the fund shall be paid from themoney in the fund.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(e) The sources of money for the fund are the following:
(1) License fees established under section 6 of this chapter.
(2) Appropriations made by the general assembly, gifts, anddonations intended for deposit in the fund.
(3) Penalties imposed under sections 14 and 15 of this chapterfor violations of this chapter and rules adopted under thischapter concerning lead-based paint activities.
(f) The state department may use money in the fund to do thefollowing:
(1) Pay the expenses of administering this chapter.
(2) Cover other costs related to implementation of 40 CFR 745for lead-based paint activities in target housing and childoccupied facilities.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-8 Record keeping by lead-based paint activities contractor
Sec. 8. (a) A lead-based paint activities contractor licensed underthis chapter shall compile records concerning each lead-based paintactivities project performed by the lead-based paint activitiescontractor. The records must include the following information oneach lead-based paint activities project:
(1) The name, address, and proof of license of the following:
(A) The person who supervised the lead-based paintactivities project for the lead-based paint activitiescontractor.
(B) Each employee or agent of the lead-based paint activitiescontractor that worked on the project.
(2) The name, address, and signature of each certified riskassessor or inspector conducting clearance sampling and thedate of clearance testing.
(3) The site of the lead-based paint activities project.
(4) A description of the lead-based paint activities project.
(5) The date on which the lead-based paint activities projectwas started and the date on which the lead-based paint activitiesproject was completed.
(6) A summary of procedures that were used in the lead-basedpaint activities project to comply with applicable federal andstate standards for lead-based paint activities projects.
(7) A detailed written description of the lead-based paintactivities, including methods used, locations of rooms orcomponents where lead-based paint activities occurred, reasonsfor selecting particular lead-based paint activities methods foreach component, and any suggested monitoring of encapsulantsor enclosures.
(8) The occupant protection plan.
(9) The results of clearance testing and all soil analysis (ifapplicable) and the name of each federally approved laboratorythat conducted the analysis.
(10) The amount of material containing lead-based paint thatwas removed from the site of the project.
(11) The name and address of each disposal site used for thedisposal of lead-based paint containing material that wasdisposed of as a result of the lead-based paint activities project.
(b) A copy of each receipt issued by a disposal site identifiedunder subsection (a)(11) must be included in the records concerningthe lead-based paint activities project that are compiled under thissection.
(c) A lead-based paint activities contractor shall retain the recordscompiled under this section concerning a particular lead-based paintactivities project for at least three (3) years after the lead-based paintactivities project is concluded.
(d) A lead-based paint activities contractor shall make recordskept under this section available to the state department uponrequest.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-9
Bidding for political subdivision or state agency for lead-basedpaint activities project
Sec. 9. A political subdivision or a state agency may not accept abid for a lead-based paint activities project from a person who doesnot hold a lead-based paint activities license.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-10
Authority of state department to inspect and investigate
Sec. 10. Without limiting the authority to inspect underIC 16-41-5-1, the state department may do the following:
(1) Inspect the site of a lead-based paint activities project:
(A) during the project; or
(B) after the project is completed.
(2) Conduct an investigation of a lead-based paint activitiesproject upon:
(A) the state department's own initiation; or
(B) the receipt of a complaint by a person.
(3) Conduct an investigation of the provider of a lead-basedpaint activities training course upon:
(A) the state department's own initiation; or
(B) the receipt of a complaint by a person.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-11
Enjoinment and notice; determination and review
Sec. 11. (a) If the state department finds that a lead-based paintactivities project is not being performed in accordance withapplicable laws or rules, the state department may enjoin furtherwork on the lead-based paint activities project without prior noticeor hearing by delivering a notice to:
(1) the lead-based paint activities contractor engaged in thelead-based paint activities project; or
(2) an agent or representative of the lead-based paint activitiescontractor.
(b) A notice issued under this section must:
(1) specify the violations of laws or rules that are occurring onthe lead-based paint activities project; and
(2) prohibit further work on the lead-based paint activitiesproject until the violations specified under subdivision (1) ceaseand the notice is rescinded by the state department.
(c) Not later than ten (10) days after receiving written notificationfrom a contractor that violations specified in a notice issued underthis section have been corrected, the state department shall issue adetermination regarding recission of the notice.
(d) A lead-based paint activities contractor or any other personaggrieved or adversely affected by the issuance of a notice undersubsection (a) may obtain a review of the state department's actionunder IC 4-21.5.As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-12
Reprimand, suspension, or revocation of license
Sec. 12. (a) The state department may under IC 4-21.5 reprimand,or suspend or revoke the license of, a clearance examiner or alead-based paint activities inspector, risk assessor, project designer,supervisor, worker, or contractor for any of the following reasons:
(1) Violating any requirements of this chapter or rules adoptedunder section 6 of this chapter.
(2) Fraudulently or deceptively obtaining or attempting toobtain a license under this chapter.
(3) Failing to meet the qualifications for a license or failing tocomply with the requirements of applicable laws or rules.
(4) Failing to meet an applicable federal or state standard forlead-based paint activities.
(b) The state department may under IC 4-21.5 reprimand alead-based paint activities contractor or suspend or revoke the licenseof a lead-based paint activities contractor that employs a person whois not licensed under this chapter for a purpose that requires theperson to hold a license issued under this chapter.
(c) The state department may under IC 4-21.5 revoke the approvalof a clearance examiner training course or a lead-based paintactivities training course for any of the following reasons:
(1) Violating any requirement of this chapter.
(2) Falsifying information on an application for approval.
(3) Misrepresenting the extent of a training course's approval.
(4) Failing to submit required information or notifications in atimely manner.
(5) Failing to maintain required records.
(6) Falsifying approval records, instructor qualifications, orother approval information.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-13
Applicability of section; methods for removal of lead-based paintand prohibition
Sec. 13. (a) This section applies to:
(1) remodeling, renovation, and maintenance activities at targethousing and child occupied facilities built before 1960; and
(2) lead-based paint activities.
(b) This section does not apply to an individual who performsremodeling, renovation, or maintenance activities within a residentialdwelling that the individual owns, unless the residential dwelling isoccupied:
(1) while the activities are being performed, by an individualother than the owner or a member of the owner's immediatefamily; 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 havingan elevated blood lead level.
(c) A person not exempted under subsection (b) from theapplication of this section who performs an activity under subsection(a) that disturbs:
(1) exterior painted surfaces of more than twenty (20) squarefeet;
(2) interior painted surfaces of more than two (2) square feet inany one (1) room or space; or
(3) more than ten percent (10%) of the combined interior andexterior 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 belead-based paint unless the absence of lead in the paint has beendetermined by a lead-based paint inspection conducted under thischapter.
(e) A person may not use any of the following methods to removelead-based paint:
(1) Open flame burning or torching.
(2) Machine sanding or grinding without high efficiencyparticulate air local exhaust control.
(3) Abrasive blasting or sandblasting without high efficiencyparticulate 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 electricaloutlet.
(f) In a space that is not ventilated by the circulation of outsideair, a person may not strip lead-based paint using a volatile stripperthat is a hazardous chemical under 29 CFR 1910.1200, as in effectJuly 1, 2002.
(g) A person conducting activities under subsection (a) on paintedexterior surfaces may not allow visible paint chips or painted debristhat contains lead-based paint to remain on the soil, pavement, orother exterior horizontal surface for more than forty-eight (48) hoursafter the surface activities are complete.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-14
Violation penalty; recovery and enjoinment
Sec. 14. (a) A person who violates:
(1) any provision of this chapter; or
(2) a rule or standard adopted by the state department undersection 6 of this chapter;is liable for a civil penalty not to exceed twenty-five thousand dollars($25,000) per day for any violation.
(b) The state department may:
(1) recover the civil penalty described in subsection (a) in acivil action commenced in any court with jurisdiction; and
(2) request in the action that the person be enjoined fromcontinuing the violation.
As added by P.L.57-2009, SEC.17.
IC 16-41-39.8-15
Class C infraction for obstruction, delay, resistance, prevention, orinterference with an inspection or investigation
Sec. 15. A person who obstructs, delays, resists, prevents, orinterferes with:
(1) the state department; or
(2) the state department's personnel or designated agent;
in the performance of an inspection or investigation performed underIC 16-41-5-1 commits a Class C infraction. Each day of violation ofthis section constitutes a separate infraction.
As added by P.L.57-2009, SEC.17.