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Indiana State Department of Health

Environmental Public Health Home > Lead & Healthy Homes Program > Lead Abatement Notification and Monitoring Lead Abatement Notification and Monitoring

Lead Abatement Notification and Monitoring

Indiana law states that any companies or individuals who perform lead abatement on targeted housing (houses or child occupied facilities built before 1978) must:

  1. be licensed by ISDH as an abatement contractor,
  2. provide written notification to the ISDH of each abatement project,
  3. conduct a pre-abatement lead inspection or lead hazard screen,
  4. conduct abatement activities using appropriately licensed individuals,
  5. conduct the abatement activities using lead safe work practices, and
  6. pass a post-abatement clearance procedure.

This page explains the requirements for conducting abatement activities.

What is Abatement?
Who May Conduct Abatement Activities?
What are the Responsibilities of the Abatement Contractor?
What are the Disclosure Requirements for Contractors?
Where do I Obtain More Contractor Information?

Indiana-licensed Lead Risk Assessor's - Quarterly Reporting Form

Indiana-licensed Lead Abatement Contractor's Standard Operating Procedures (SOP) form

Indiana-licensed Lead Abatement Contractor's Occupant Protection Plan form

What is Abatement?

Abatement means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Projects which are represented by a licensed abatement contractor as resulting in the elimination of lead-based paint hazards are considered abatement. Projects conducted in response to local abatement orders, such as those issued by local health or building officials, are considered abatement. In some circumstances, abatement may also be required under federally funded programs such as the HUD Housing Choice Voucher Program (Section 8).

Abatement activities include, but are not limited to the replacement of building components, the complete removal of lead paint, encapsulation of lead-based paint hazards, enclosure of lead-based paint hazards, and other permanent measures to eliminate lead-based paint hazards.

The rules recognize that some renovation, repair, remodeling, landscaping, maintenance, or other activities are not conducted for the express purpose of lead hazard abatement.  In general, lead abatement rules do not apply to those activities, even when they incidentally result in the elimination of lead-based paint hazards. Neither is a measure designed for the interim control of lead-based paint hazards considered abatement.

Who May Conduct Abatement Activities?

A licensed abatement contractor is required for the abatement project.  Abatement work must be carried out under an approved abatement plan by lead professionals licensed to conduct such activities. The licensed abatement project staff includes:

Lead Inspector
Risk Assessor (Lead Hazard Screener)
Project Supervisor
Contractor and Designated Representative
Project Designer
Lead Worker

Applicants for a contractor license must include a signed statement that they have read and understand the following:

Indiana Administrative Code 410 IAC 32

U.S. Code of Federal Regulations 40 CFR 745

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What are the Responsibilities of the Abatement Contractor?

Abatement contractors have the overall responsibility to see that the all activities are in compliance to the state regulations at Indiana Administrative Code 410 IAC 32.

The contractor’s responsibilities include all of the following:

  • Notify* ISDH in advance of each abatement project.
  • Design each abatement project within the regulations.
  • Complete a pre-abatement lead inspection or lead hazard screen using only licensed personnel.
  • Use appropriately state licensed personnel for all abatement activities.
  • Post all state licenses at the work site.
  • Maintain a licensed Project Supervisor on-site during all site preparation, abatement activity, and site cleanup.
  • Complete all abatement work using LEAD SAFE WORK PRACTICES.
  • Follow all work with a post-abatement clearance conducted by a licensed Risk Assessor or Lead Inspector.
  • Maintain proper records including a description of the abatement project design, start up and completion dates, occupant protection plans, receipts from waste disposal sites.
  • Retain all records for 3 years.
  • Allow reasonable access to the worksite by ISDH environmental staff.
  • Allow reasonable access to all pertinent records of the project by ISDH environmental staff.

*ABATEMENT NOTIFICATION FORM

State Form 49150 - Notification of Lead Abatement Activities
49150.doc

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What are the Disclosure Requirements for Contractors?

The federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d) requires anyone who works on a property built before 1978, before doing any work that will disturb the paint, to give the homeowner or tenant the pamphlet "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools".  The rule also requires a written acknowledgement that the homeowner or tenant receives the pamphlet. Failure to disclose these test results is a violation of the U.S. Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) regulations at 24 CFR Part 35 and 40 CFR Part 745 and can result in a fine of up to $11,000 per violation. To find out more information about your obligations under federal lead-based paint requirements, call 1-800-424-LEAD or go to the web to www.epa.gov/lead or http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes.

Where do I Obtain More Contractor Information?

Additional information is available by calling the ISDH Lead and Healthy Homes Program at 317.233.1250 or the ISDH Family Helpline at 800.433.0746.

The Indiana Public Licensing Agency maintains the list of abatement contractors and other licensed lead professionals at the License Express option at:

http://www.in.gov/pla/