IC 13-17-14-1 Application of chapter
Sec. 1. (a) This chapter does not apply to the following:
(1) A person making an inspection under the authority of
IC 22-8-1.1.
(2) A person who performs lead-based paint activities within a
residential dwelling that the person owns, unless the residential
dwelling is occupied by:
(A) a person, other than the owner or the owner's immediate
family, while these activities are being performed; or
(B) a child who:
(i) is not more than six (6) years of age or an age specified
in rules adopted by the board under section 5 of this
chapter; and
(ii) resides in the building and has been identified as
having an elevated blood lead level.
(b) This chapter may not be construed as requiring the abatement
of lead-based paint hazards in a child-occupied facility or target
housing. As added by P.L.123-1997, SEC.11.
IC 13-17-14-2 Establishment and purpose of program
Sec. 2. The lead-based paint activities program is established. The
purpose of the program is to ensure that a person conducting
lead-based paint activities in target housing, child-occupied facilities,
and any other type of building that the board specifies in rules
adopted under section 5 of this chapter does so in a manner that
safeguards the environment and protects the health of the building's
occupants, especially children who are not more than six (6) years of
age. As added by P.L.123-1997, SEC.11.
IC 13-17-14-3 Licenses
Sec. 3. (a) A person that engages in lead-based paint activities
must obtain a license under this chapter and under rules adopted by
the board under section 5 of this chapter. Lead-based paint activities
licenses 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 that 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 by the board under section 5 of this chapter. A
clearance examiner license expires three (3) years after the date of
issuance.
(d) A person that enters into a contract requiring the person to
execute for compensation lead-based paint activities shall 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 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 department or a third party
as required by rules adopted by the board under section 5 of this
chapter; and
(3) meet any requirements established by rules adopted by the
board under section 5 of this chapter;
before a person may receive a lead-based paint activities license or
clearance examiner license.
(f) The department may issue a license for a position listed under
subsection (b) or (c) if the applicant submits proof to the department
that the applicant satisfies the training, examination, and other
requirements for the license under this chapter.
(g) A lead-based paint activities license or a clearance examiner
license 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
re-examination required by rules adopted under section 5 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 by the
board under section 5 of this chapter and the applicable work
practice standards established in section 12 of this chapter for
performing the appropriate lead-based paint activities.
As added by P.L.123-1997, SEC.11. Amended by P.L.99-2002,
SEC.2.
IC 13-17-14-4 Requirements for training programs
Sec. 4. (a) A lead-based paint activities training program must
meet requirements specified in rules adopted by the board under
section 5 of this chapter before providing initial or refresher training
to a person seeking a license listed in section 3(b) of this chapter.
(b) The department may approve a lead-based paint activities
training course offered by a person that satisfies the requirements of
subsection (a).
(c) A lead-based paint activities training course must be
conducted by an instructor approved by the department as provided
in the rules adopted by the board under section 5 of this chapter. As added by P.L.123-1997, SEC.11.
IC 13-17-14-4.5 Clearance examiner training program
Sec. 4.5. (a) A clearance examiner training program must meet
requirements specified in rules adopted by the board under section
5 of this chapter before providing initial or refresher training to a
person seeking a license under section 3(c) of this chapter.
(b) The department may approve a clearance examiner training
course offered as part of a program that satisfies the requirements of
subsection (a).
(c) A clearance examiner training course must be conducted by an
instructor approved by the department as provided in the rules
adopted by the board under section 5 of this chapter. As added by P.L.99-2002, SEC.3.
IC 13-17-14-5 Rules
Sec. 5. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-9 to implement this chapter. The rules must contain at least
the elements required to receive program authorization under 40 CFR
745, Subpart L, as in effect July 1, 2002, and must do the following:
(1) Establish minimum requirements for the issuance of a
license for:
(A) lead-based paint activities inspectors, risk assessors,
project designers, supervisors, abatement workers, and
contractors; and
(B) clearance examiners.
(2) Establish minimum requirements for approval of the
providers 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 to
other facilities as determined necessary by the board.
(5) Establish work practice standards.
(6) Establish a department or third-party examination process.
(7) Identify activities, if any, that are exempted from licensing
requirements.
(8) Establish a fee of not more than one hundred fifty dollars
($150) per person, per license, for the period the license is in
effect for a person seeking a license under section 3 of this
chapter. However, the following may not be required 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).
(9) Establish a fee of not more than one thousand dollars
($1,000) per course, per year, for a lead-based paint training
program seeking approval of a lead-based paint training course
under section 4 of this chapter. However, the following may not
be required 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 26
U.S.C. 501(a).
(10) Establish a fee of not more than one thousand dollars
($1,000) per course, per year, for a clearance examiner training
program seeking approval of a clearance examiner training
course under section 4.5 of this chapter. However, the following
may not be required 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 26
U.S.C. 501(a).
(b) The amount of the fees under subsection (a) may not be more
than is necessary to recover the cost of administering this chapter.
(c) The proceeds of the fees under subsection (a) must be
deposited in the lead trust fund established by section 6 of this
chapter.
(d) The minimum requirements established under subsection
(a)(1) must be sufficient to allow the clearance examiner to perform
clearance examinations without the approval of a certified risk
assessor or inspector as provided in 24 CFR 35.1340(b)(1)(iv), as in
effect July 1, 2002. As added by P.L.123-1997, SEC.11. Amended by P.L.111-1999,
SEC.1; P.L.99-2002, SEC.4.
Establishment of fund; investment and use of money
Sec. 6. (a) The lead trust fund is established to provide a source
of money for the purposes set forth in subsection (f).
(b) The expenses of administering the fund shall be paid from the
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(e) The sources of money for the fund are the following:
(1) License fees established under section 5 of this chapter.
(2) Appropriations made by the general assembly, gifts, and
donations intended for deposit in the fund.
(3) Penalties imposed under IC 13-30-4 and IC 13-30-5 for
violations of this chapter and rules adopted under this chapter
concerning lead-based paint activities.
(f) The department may use money in the fund to do the
following:
(1) Pay the expenses of administering this chapter.
(2) Cover other costs related to implementation of 40 CFR 745
for lead-based paint activities in target housing and child
occupied facilities. As added by P.L.123-1997, SEC.11.
IC 13-17-14-7 Records
Sec. 7. (a) A lead-based paint activities contractor licensed under
this chapter shall compile records concerning each lead-based paint
activities project performed by the lead-based paint activities
contractor. The records must include the following information on
each lead-based paint activities project:
(1) The name, address, and proof of license of the following:
(A) The person who supervised the lead-based paint
activities project for the lead-based paint activities
contractor.
(B) Each employee or agent of the lead-based paint activities
contractor that worked on the project.
(2) The name, address, and signature of each certified risk
assessor or inspector conducting clearance sampling and the
date 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 project
was started and the date on which the lead-based paint activities
project was completed.
(6) A summary of procedures that were used in the lead-based
paint activities project to comply with applicable federal and
state standards for lead-based paint activities projects.
(7) A detailed written description of the lead-based paint
activities, including methods used, locations of rooms or
components where lead-based paint activities occurred, reasons
for selecting particular lead-based paint activities methods for
each component, and any suggested monitoring of encapsulants
or enclosures.
(8) The occupant protection plan.
(9) The results of clearance testing and all soil analysis (if
applicable) and the name of each federally-approved laboratory
that conducted the analysis.
(10) The amount of material containing lead-based paint that
was removed from the site of the project.
(11) The name and address of each disposal site used for the
disposal of lead-based paint containing material that was
disposed of as a result of the lead-based paint activities project.
(b) A copy of each receipt issued by a disposal site identified
under subsection (a)(11) must be included in the records concerning
the lead-based paint activities project that are compiled under this
section.
(c) A lead-based paint activities contractor shall retain the records
compiled under this section concerning a particular lead-based paint
activities project for at least three (3) years after the lead-based paint
activities project is concluded.
(d) A lead-based paint activities contractor shall make records
kept under this section available to the department upon request. As added by P.L.123-1997, SEC.11.
IC 13-17-14-8 Restrictions on acceptance of bid by political subdivision or state
agency
Sec. 8. A political subdivision or a state agency may not accept a
bid for a lead-based paint activities project from a person that does
not hold a lead-based paint activities license. As added by P.L.123-1997, SEC.11.
IC 13-17-14-9 Powers of commissioner
Sec. 9. Without limiting the authority to inspect under
IC 13-14-2-2, the commissioner 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 activities
project upon:
(A) the commissioner's own initiation; or
(B) the receipt of a complaint by a person.
(3) Conduct an investigation of the provider of a lead-based
paint activities training course upon:
(A) the commissioner's own initiation; or
(B) the receipt of a complaint by a person.
As added by P.L.123-1997, SEC.11.
IC 13-17-14-10 Noncompliance with air pollution control laws or rules; notice
Sec. 10. (a) If the commissioner finds that a lead-based paint
activities project is not being performed in accordance with air
pollution control laws or rules adopted by the board, the
commissioner may enjoin further work on the lead-based paint
activities project without prior notice or hearing by delivering a
notice to:
(1) the lead-based paint activities contractor engaged in the
lead-based paint activities project; or
(2) an agent or representative of the lead-based paint activities
contractor.
(b) A notice issued under this section must:
(1) specify the violations of law that are occurring on the
lead-based paint activities project; and
(2) prohibit further work on the lead-based paint activities
project until the violations specified under subdivision (1) cease
and the notice is rescinded by the commissioner.
(c) Not later than ten (10) days after receiving written notification
from a contractor that violations specified in a notice issued under
this section have been corrected, the commissioner shall issue a
determination regarding recission of the notice.
(d) A lead-based paint activities contractor or any other person
aggrieved or adversely affected by the issuance of a notice under
subsection (a) may obtain a review of the commissioner's action
under IC 4-21.5. As added by P.L.123-1997, SEC.11.
IC 13-17-14-11 Suspension or revocation of license
Sec. 11. (a) The commissioner may under IC 4-21.5 reprimand,
suspend, or revoke the license of a clearance examiner or a
lead-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 adopted
under this chapter.
(2) Fraudulently or deceptively obtaining or attempting to
obtain a license under this chapter.
(3) Failing to meet the qualifications for a license or failing to
comply with the requirements of air pollution control laws or
rules adopted by the board.
(4) Failing to meet an applicable federal or state standard for
lead-based paint activities.
(b) The commissioner may under IC 4-21.5 reprimand a
lead-based paint activities contractor or suspend or revoke the license
of a lead-based paint activities contractor that employs a person who
is not licensed under this chapter for a purpose that requires the
person to hold a license issued under this chapter.
(c) The commissioner may under IC 4-21.5 revoke the approval
of a clearance examiner or a lead-based paint activities 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 a
timely manner.
(5) Failing to maintain required records.
(6) Falsifying approval records, instructor qualifications, or
other approval information. As added by P.L.123-1997, SEC.11. Amended by P.L.99-2002,
SEC.5.
IC 13-17-14-12 Removal of lead-based paint
Sec. 12. (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 by the board under section 5 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 that 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. As added by P.L.99-2002, SEC.6.
