410 Ind. Admin. Code 32-5-2

Current through October 31, 2024

Section 410 IAC 32-5-2 - Remodeling, renovation, and maintenance activities

Authority: IC 16-41-39.8-6

Affected: IC 16-41-39.8

Sec. 2.

(a) A person who performs an activity under section 1 of this rule 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 (b) through (d).

(b) 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.

(c) 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.

(d) A person conducting remodeling, renovation, or maintenance activities under this rule 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.

(e) Effective June 1, 1999, pursuant to Section 406(b) of the TSCA, persons who perform renovations shall provide the owner and occupants of the unit with a lead hazard information pamphlet "Protect Your Family from Lead in Your Home"** under all of the following conditions:

(1) The renovation is to target housing.

(2) The renovation is for compensation, including money or services.

(3) The renovation will disturb more than two (2) square feet of paint per component.

The renovator shall obtain from the owner or occupant a written confirmation of receipt of the lead pamphlet from the owner or occupant or a certificate of mailing from the post office. Lead abatement work performed by people on their own property is excluded from the requirements of this subsection.

*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington D.C. 20401 or are available for review and copying at the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204.

**Copies of the lead hazard information pamphlet, in bulk, may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or the National Lead Information Center at (800) 424-LEAD. Single copies are also available at the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204.

410 IAC 32-5-2

Indiana State Department of Health; 410 IAC 32-5-2; filed Sep 10, 2003, 4:24 p.m.: 27 IR 489; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA

Readopted filed 9/13/2017, 4:08 p.m.: 20171011-IR-410170339RFA

Errata filed 7/28/2021, 12:09 a.m.: 20210811-IR-410210327ACA

Readopted filed 11/28/2023, 12:13 p.m.: 20231227-IR-410230638RFA

Transferred from the Air Pollution Control Board (326 IAC 23-5-2) to the Indiana State Department of Health (410 IAC 32-5-2) by P.L. 57-2009, SECTION 17, effective July 1, 2009.