Section 410 IAC 32-4-2 - InspectionsAuthority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 2.
An inspection for lead-based paint in a child-occupied facility or target housing shall be conducted only by a person licensed by the department as an inspector or risk assessor. The inspection shall include each component with a distinct painting history, except those components that the inspector or risk assessor determines through the examination of receipts for architectural proof to have been replaced after 1978 or do not contain lead-based paint. If conducted, an inspection shall be conducted as follows:
(1) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint: (A) In a residential dwelling and child-occupied facility, each interior component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead-based paint.(B) In a multifamily dwelling or child-occupied facility, each component with a distinct painting history in every common area group.(2) Paint shall be sampled in either, or both, of the following ways:(A) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies that incorporate adequate quality control procedures.(B) All collected paint chip samples shall be analyzed by a laboratory recognized by U.S. EPA pursuant to TSCA Sec. 405(b) as capable of performing analyses for lead compounds in paint chips, dust, and soil samples to determine if they contain detectable levels of lead that can be quantified numerically.(3) The licensed inspector or risk assessor shall prepare an inspection report that shall include the following information:(A) The date of each inspection.(B) The address of the building.(C) The date of construction.(D) The apartment number, when applicable.(E) The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility.(F) The name, signature, and license number of each licensed inspector or risk assessor conducting testing.(G) The name, address, and telephone number of the firm employing each inspector or risk assessor, when applicable.(H) Each testing method and device or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence device.(I) Specific locations of each painted component tested for the presence of lead-based paint.(J) The results of the inspection, expressed in terms appropriate to the sampling method used.(4) The licensed inspector or risk assessor shall submit documentation of the inspection in the format prescribed by the department within five (5) business days after completing the report.(5) The licensed inspector or risk assessor shall submit to the department, on a quarterly basis, the number of inspection reports prepared during that quarter by the fifteenth day of the following month.(6) All property owners, from the date of receipt of the lead-based paint inspection report, must disclose all information contained in the report to parties to a transfer of the inspected property as required by 876 IAC 1-4-2.Indiana State Department of Health; 410 IAC 32-4-2; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1455; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 482; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRAReadopted filed 9/13/2017, 4:08 p.m.: 20171011-IR-410170339RFAReadopted filed 11/28/2023, 12:13 p.m.: 20231227-IR-410230638RFA Transferred from the Air Pollution Control Board (326 IAC 23-4-2) to the Indiana State Department of Health (410 IAC 32-4-2) by P.L. 57-2009, SECTION 17, effective July 1, 2009.