Lead Abatement/Nonabatement Activities
Need to see Nonabatement Activity Requirements?
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:
- be licensed by IDOH as an abatement contractor,
- provide written notification to the IDOH of each abatement project,
- conduct a pre-abatement lead inspection or lead hazard screen,
- conduct abatement activities using appropriately licensed individuals,
- conduct the abatement activities using lead safe work practices, and
- 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?
Lead Abatement Forms and Examples
How To Guide - Abatement Notification **NEW 10/2/2020
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.
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:
Risk Assessor (Lead Hazard Screener)
Contractor and Designated Representative
Applicants for a contractor license must include a signed statement that they have read and understand the following:
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* IDOH 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 three years.
- Allow reasonable access to the worksite by IDOH environmental staff.
- Allow reasonable access to all pertinent records of the project by IDOH environmental staff.
*ABATEMENT NOTIFICATION FORM
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.
Additional information is available by calling the ISDH Lead and Healthy Homes Program at 317.233.1250.
The Indiana Public Licensing Agency maintains the list of abatement contractors and other licensed lead professionals at the License Express option at:
Indiana law requires the use of Lead Safe Work Practices in a number of work situations in which lead-based paint is likely to be hazardous. Although the requirements do not apply to every situation, the IDOH strongly recommends that, unless testing has concluded there is no lead paint present, anyone working on a pre-1978 home or child occupied facility follow Lead Safe Work Practices to avoid dangerous lead hazards.
What are Non-abatement Activities?
Nonabatement activities include all work with lead-based paint that is short of full abatement.
Along with covering other lead-based paint activities (e.g. inspection), the rule requires the use of lead-safe work practices whenever remodeling, renovation and maintenance activities on rental property built before 1960 is going to disturb a minimum area of lead paint, as defined by the rule.
The requirements do not apply if someone is working on their own home, unless it is a home that they are renting out, or the home is occupied by a child with a confirmed elevated blood lead level. The requirements do not apply to housing that has been determined to be free of lead paint through a qualified lead inspection. If a lead inspection has not been completed, the rule assumes that all paint in a pre-1978 house is leaded.
Additional information is available by calling the IDOH Lead and Healthy Homes Program at 317-233-1250.
Detailed regulations are available at 410 IAC 32-5 Work Practices for Nonabatement Activities.