title-410-article-32•410 IAC 32 — ARTICLE 32. LEAD-BASED PAINT PROGRAM
410 IAC 32 — ARTICLE 32. LEAD-BASED PAINT PROGRAM
title-410-article-32410 IAC 32Regulation
TITLE 410 INDIANA DEPARTMENT OF HEALTH
ARTICLE 32. LEAD-BASED PAINT PROGRAM
Rule 1
410 IAC 32-1-1 410 IAC 32-1-1 Applicability
Rule 1. Definitions
410 IAC 32-1-1 Applicability
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 1. The definitions in this rule apply throughout this article.
(Indiana Department of Health; 410 IAC 32-1- 1; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1431; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-1) to the Indiana State Department of Health (410 IAC 32-1-1) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-2 410 IAC 32-1-2 "Abatement" defined
410 IAC 32-1-2 "Abatement" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 2. (a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards.
(b) The term includes, but is not limited to, the following:
(1) The removal of lead-based paint and lead-contaminated dust.
(2) The permanent enclosure or encapsulation of lead-based paint.
(3) The replacement of lead-painted surfaces or fixtures.
(4) The removal or permanent covering, such as with pavement or concrete, of lead-contaminated soil.
(5) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures as described in this subdivision.
(6) A project for which there is a written contract or other documentation, that provides that a person will be conducting activities in, or to, a residential dwelling or child-occupied facility that:
(A) results in the permanent elimination of lead-based paint hazards; or
(B) is designed to permanently eliminate lead-based paint hazards as are described in subdivisions (1) through (5).
(7) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons licensed under this article and IC 16-41-39.8 unless the project is described under subsection (c).
(8) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons who, through the person's company name or promotional literature represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are described under subsection (c).
(9) A project resulting in the permanent elimination of lead-based paint hazards that is conducted in response to state or local abatement orders.
(c) The term does not include the following:
(1) Renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but are designed to repair, restore, or remodel a structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.
(2) Interim controls, operations or maintenance activities, or other measures designed to temporarily, but not permanently, reduce lead- based paint hazards.
(Indiana Department of Health; 410 IAC 32-1-2; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1431; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-2) to the Indiana State Department of Health (410 IAC 32-1-2) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-3 410 IAC 32-1-3 "Adequate quality control" defined
410 IAC 32-1-3 "Adequate quality control" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3. "Adequate quality control" means a plan or design that ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. The term also includes provisions for representative sampling.
(Indiana Department of Health; 410 IAC 32-1-3; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1432; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-3) to the Indiana State Department of Health (410 IAC 32-1-3) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-4 410 IAC 32-1-4 "Approved initial training course and approved refresher training course" defined
410 IAC 32-1-4 "Approved initial training course and approved refresher training course" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 4. "Approved initial training course and approved refresher training course" means a course approved by the department, U.S. EPA, or a U.S. EPA state or tribe authorized lead-based paint program pursuant to this article for the purposes of providing initial or refresher training to persons to become licensed under 410 IAC 32-2.
(Indiana Department of Health; 410 IAC 32-1-4; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1432; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 459; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-4) to the Indiana State Department of Health (410 IAC 32-1-4) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-5 410 IAC 32-1-5 "Approved training course provider" defined
410 IAC 32-1-5 "Approved training course provider" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 5. "Approved training course provider" means a training course provider who has been approved by the department, U.S. EPA, or a U.S. EPA state or tribe authorized lead-based paint program to provide training for individuals engaged in lead-based paint activities or provide an Indiana lead-based paint rules awareness course. This approval is specific to each discipline and to each initial or refresher training course and is not an overall approval to provide training for all training courses.
(Indiana Department of Health; 410 IAC 32-1-5; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1432; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 460; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-5) to the Indiana State Department of Health (410 IAC 32-1-5) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-6 410 IAC 32-1-6 "Arithmetic mean" defined
410 IAC 32-1-6 "Arithmetic mean" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 6. "Arithmetic mean" means the algebraic sum of data values divided by the number of data values. For example, the sum of the concentration of lead in several soil samples divided by the number of samples is the arithmetic mean of the lead concentration.
(Indiana Department of Health; 410 IAC 32-1-6; filed Sep 10, 2003, 4:24 p.m.: 27 IR 460; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-5.5) to the Indiana State Department of Health (410 IAC 32-1-6) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-7 410 IAC 32-1-7 "Certificate of training" defined
410 IAC 32-1-7 "Certificate of training" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 7. "Certificate of training" means a document issued by an approved initial or refresher training course provider to a person indicating that the person attended an approved initial or refresher training course and received a passing score on the written examination for such course. A certificate of training issued to a person seeking licensing by the department shall be invalid if such certificate of training is issued by a training course provider who is such person's partner or employer or a subsidiary entity of such person's employer.
(Indiana Department of Health; 410 IAC 32-1-7; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1432; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-6) to the Indiana State Department of Health (410 IAC 32-1-7) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-8 410 IAC 32-1-8 "Chewable surface" defined
410 IAC 32-1-8 "Chewable surface" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 8. "Chewable surface" means an interior or exterior surface painted with lead-based paint that a child six (6) years of age or younger can mouth or chew. Hard metal substrates and other materials that cannot be dented by the bite of a child six (6) years of age or younger are not considered chewable.
(Indiana Department of Health; 410 IAC 32-1-8; filed Sep 10, 2003, 4:24 p.m.: 27 IR 460; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-6.5) to the Indiana State Department of Health (410 IAC 32-1-8) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-9 410 IAC 32-1-9 "Child-occupied facility" defined
410 IAC 32-1-9 "Child-occupied facility" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 9. "Child-occupied facility" means a building or portion of a building that:
(1) was constructed prior to January 1, 1978;
(2) does not qualify as target housing; and
(3) is visited regularly by a child who is six (6) years of age or younger and any of the following conditions exist for the building or portion of the building:
(A) The child visits at least two (2) days a week (Sunday through Saturday) and each of the visits last at least three (3) hours.
(B) The child visits at least six (6) hours each week.
(C) The child's combined annual visits during a calendar year total at least sixty (60) hours.
The term includes day care centers, preschools, and kindergarten classrooms.
(Indiana Department of Health; 410 IAC 32-1-9; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1432; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-7) to the Indiana State Department of Health (410 IAC 32-1-9) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-10 410 IAC 32-1-10 "Clearance examination" defined
410 IAC 32-1-10 "Clearance examination" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 10. "Clearance examination" means an activity conducted by an Indiana licensed clearance examiner for the purpose of establishing proper completion of interim controls.
(Indiana Department of Health; 410 IAC 32-1-10; filed Sep 10, 2003, 4:24 p.m.: 27 IR 460; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-7.5) to the Indiana State Department of Health (410 IAC 32-1-10) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-11 410 IAC 32-1-11 "Clearance examiner" defined
410 IAC 32-1-11 "Clearance examiner" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 11. "Clearance examiner" means a person who has been trained by an approved training course provider and licensed by the department to perform clearance examinations.
(Indiana Department of Health; 410 IAC 32-1-11; filed Sep 10, 2003, 4:24 p.m.: 27 IR 460; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-7.6) to the Indiana State Department of Health (410 IAC 32-1- 11) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-12 410 IAC 32-1-12 "Clearance levels" defined
410 IAC 32-1-12 "Clearance levels" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 12. "Clearance levels" means values that indicate the maximum amount of lead permitted in dust on a surface following completion of a remediation activity. Clearance may only be achieved by confirming that the lead level of any surface component is lower than the hazard level for that same building component.
(Indiana Department of Health; 410 IAC 32-1-12; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1433; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-8) to the Indiana State Department of Health (410 IAC 32-1-12) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-13 410 IAC 32-1-13 "Common area group" defined
410 IAC 32-1-13 "Common area group" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 13. "Common area group" means a group of common areas that are similar in design, construction, and function or a portion of a building that is generally accessible to all occupants or users. The common areas include, but are not limited to, the following:
(1) A hallway.
(2) A stairway.
(3) A laundry room.
(4) A recreational room.
(5) A playground.
(6) A community center.
(7) A garage.
(8) A boundary fence.
(Indiana Department of Health; 410 IAC 32-1-13; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1433; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 460; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-9) to the Indiana State Department of Health (410 IAC 32-1-13) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-14 410 IAC 32-1-14 "Completion date" defined
410 IAC 32-1-14 "Completion date" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 14. "Completion date" means the date by which a final visual inspection and clearance sampling have been completed by the Indiana licensed risk assessor or inspector, and the risk assessor or inspector has determined that no dust, debris, or residue is present in the work area, and warning signs and demarcation can be removed.
(Indiana Department of Health; 410 IAC 32-1-14; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1433; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 461; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-10) to the Indiana State Department of Health (410 IAC 32-1-14) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-15 410 IAC 32-1-15 "Component or building component" defined
410 IAC 32-1-15 "Component or building component" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 15. "Component or building component" means a specific design or structural element or fixture of a building, residential dwelling, or child-occupied facility that is distinguished from each other by form, function, and location, including the following:
(1) The term includes, but is not limited to, the following interior components:
(A) Ceilings.
(B) Crown molding.
(C) Walls.
(D) Chair rails.
(E) Doors and door trim.
(F) Floors.
(G) Fireplaces.
(H) Radiators and other heating units.
(I) Shelves and shelf supports.
(J) Stair treads, stair risers, stair stringers, newel posts, railing caps, and balustrades.
(K) Windows and trim, including sashes, window heads, jambs, sills and stools, and troughs.
(L) Built-in cabinets.
(M) Columns and beams.
(N) Bathroom vanities.
(O) Counter tops.
(P) Air conditioners.
(Q) Baseboards.
(R) Pipes.
(2) The term includes, but is not limited to, the following exterior components:
(A) Painted roofing.
(B) Chimneys.
(C) Flashing.
(D) Gutters and down spouts.
(E) Ceilings.
(F) Soffits, fascias, rake boards, corner boards, and bulkheads.
(G) Doors and door trim.
(H) Fences.
(I) Floors and joists.
(J) Lattice work.
(K) Railings and railing caps, handrails, stair risers, treads, stair stringers, columns, or balustrades.
(L) Window sills or stools, troughs, casings, sashes, and wells.
(M) Siding.
(N) Air conditioners.
(O) Porch floors.
(Indiana Department of Health; 410 IAC 32-1-15; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1433; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 461; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-11) to the Indiana State Department of Health (410 IAC 32-1-15) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-16 410 IAC 32-1-16 "Concentration" defined
410 IAC 32-1-16 "Concentration" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 16. "Concentration" means the amount of a specific substance contained within a larger mass. For example, the amount of lead, in micrograms per gram or parts per million by weight, in a sample of dust or soil is the concentration of lead in the sample.
(Indiana Department of Health; 410 IAC 32-1-16; filed Sep 10, 2003, 4:24 p.m.: 27 IR 461; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-11.5) to the Indiana State Department of Health (410 IAC 32-1-16) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-17 410 IAC 32-1-17 "Containment" defined
410 IAC 32-1-17 "Containment" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 17. "Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during abatement.
(Indiana Department of Health; 410 IAC 32-1-17; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1433; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-12) to the Indiana State Department of Health (410 IAC 32-1-17) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-18 410 IAC 32-1-18 "Contractor" defined
410 IAC 32-1-18 "Contractor" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 18. "Contractor" means:
(1) a company;
(2) a partnership;
(3) a corporation;
(4) a sole proprietorship;
(5) an association; or
(6) other business entity;
that performs lead-based paint activities to which the department has issued a license under 410 IAC 32-2.
(Indiana Department of Health; 410 IAC 32-1-18; filed Sep 10, 2003, 4:24 p.m.: 27 IR 461; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-12.5) to the Indiana State Department of Health (410 IAC 32-1-18) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-19 410 IAC 32-1-19 "Course agenda" defined
410 IAC 32-1-19 "Course agenda" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 19. "Course agenda" means an outline of the key course topics to be covered during a training course, including the time allotted to teach each course of study.
(Indiana Department of Health; 410 IAC 32-1-19; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1433; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-13) to the Indiana State Department of Health (410 IAC 32-1-19) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-20 410 IAC 32-1-20 "Course test" defined
410 IAC 32-1-20 "Course test" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 20. "Course test" means an evaluation of the overall effectiveness of the training that tests the trainees' knowledge and retention of the course of study covered during the course.
(Indiana Department of Health; 410 IAC 32-1-20; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-14) to the Indiana State Department of Health (410 IAC 32-1-20) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-21 410 IAC 32-1-21 "Course test blueprint" defined
410 IAC 32-1-21 "Course test blueprint" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 21. "Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major course of study in the course curriculum.
(Indiana Department of Health; 410 IAC 32-1-21; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-15) to the Indiana State Department of Health (410 IAC 32-1-21) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-22 410 IAC 32-1-22 "Department" defined
410 IAC 32-1-22 "Department" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 22. "Department" means the Indiana department of health.
(Indiana Department of Health; 410 IAC 32-1- 22; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR- 410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-16) to the Indiana State Department of Health (410 IAC 32-1-22) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-23 410 IAC 32-1-23 "Deteriorated paint" defined
410 IAC 32-1-23 "Deteriorated paint" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 23. "Deteriorated paint" means:
(1) any interior or exterior paint or other coating that is cracking, chipping, peeling, or chalking; or
(2) any paint or coating located on an interior or exterior surface or fixture;
that is otherwise damaged or separated from the substrate.
(Indiana Department of Health; 410 IAC 32-1- 23; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 462; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-17) to the Indiana State Department of Health (410 IAC 32-1-23) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-24 410 IAC 32-1-24 "Discipline" defined
410 IAC 32-1-24 "Discipline" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 24. "Discipline" means one (1) of the following specific types or categories of lead-based paint activities identified in this article for which individuals may receive training from approved programs and become licensed by the department:
(1) Inspector.
(2) Risk assessor.
(3) Project designer.
(4) Supervisor.
(5) Worker.
(6) Contractor.
(7) Clearance examiner.
(8) Dust sampling technician.
(Indiana Department of Health; 410 IAC 32-1-24; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-18) to the Indiana State Department of Health (410 IAC 32-1-24) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-25 410 IAC 32-1-25 "Distinct painting history" defined
410 IAC 32-1-25 "Distinct painting history" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 25. "Distinct painting history" means the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.
(Indiana Department of Health; 410 IAC 32-1-25; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810- IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-19) to the Indiana State Department of Health (410 IAC 32-1-25) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-26 410 IAC 32-1-26 "Documented methodologies" defined
410 IAC 32-1-26 "Documented methodologies" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 26. "Documented methodologies" means methods or protocols used to sample for the presence of lead in paint, dust, and soil.
(Indiana Department of Health; 410 IAC 32-1-26; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-20) to the Indiana State Department of Health (410 IAC 32-1-26) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-27 410 IAC 32-1-27 "Dripline" defined
410 IAC 32-1-27 "Dripline" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 27. "Dripline" means the area within three (3) feet surrounding the perimeter of a building.
(Indiana Department of Health; 410 IAC 32-1-27; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 462; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-21) to the Indiana State Department of Health (410 IAC 32-1-27) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-28 410 IAC 32-1-28 "Dust-lead hazard" defined
410 IAC 32-1-28 "Dust-lead hazard" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 28. (a) "Dust-lead hazard" means surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding the hazard threshold set forth by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.
(b) A dust-lead hazard is present in a residential dwelling or child-occupied facility:
(1) in a residential dwelling on floors, interior window sills, and other horizontal surfaces when the weighted arithmetic mean lead loading for all single surface or composite samples of floors, interior window sills, and other horizontal surfaces are equal to or greater than the hazard threshold set forth by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021;
(2) on floors and interior window sills, in an unsampled residential dwelling in a multifamily dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one (1) sampled residential unit on the property; and
(3) on floors and interior window sills in an unsampled common area in a multifamily dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one (1) sampled common area in the same common area group on the property.
*This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
(Indiana Department of Health; 410 IAC 32-1- 28; filed Sep 10, 2003, 4:24 p.m.: 27 IR 462; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-21.5) to the Indiana State Department of Health (410 IAC 32-1-28) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-28.5 410 IAC 32-1-28.5 "Dust sampling technician" defined
410 IAC 32-1-28.5 "Dust sampling technician" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 28.5. "Dust sampling technician" means a person licensed by the department to conduct dust sampling. A dust sampling technician can conduct sampling activities after interim control activities and renovation, repair, or painting activities subject to 40 CFR 745 Subpart E. A dust sampling technician is not permitted to conduct clearance after abatement activities.
(Indiana Department of Health; 410 IAC 32-1-28.5; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA)
410 IAC 32-1-29 410 IAC 32-1-29 "Elevated blood lead level" or "EBL" defined
410 IAC 32-1-29 "Elevated blood lead level" or "EBL" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 29. "Elevated blood lead level" or "EBL" has the meaning set forth in 410 IAC 29-1-13.
(Indiana Department of Health; 410 IAC 32-1-29; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 462; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-22) to the Indiana State Department of Health (410 IAC 32-1-29) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-30 410 IAC 32-1-30 "Encapsulant" defined
410 IAC 32-1-30 "Encapsulant" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 30. "Encapsulant" means:
(1) a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials; or
(2) an adhesively bonded covering material.
(Indiana Department of Health; 410 IAC 32-1-30; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1434; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-24) to the Indiana State Department of Health (410 IAC 32-1- 30) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-31 410 IAC 32-1-31 "Encapsulation" defined
410 IAC 32-1-31 "Encapsulation" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 31. "Encapsulation" means the application of an encapsulant.
(Indiana Department of Health; 410 IAC 32-1- 31; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-25) to the Indiana State Department of Health (410 IAC 32-1-31) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-32 410 IAC 32-1-32 "Enclosure" defined
410 IAC 32-1-32 "Enclosure" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 32. "Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
(Indiana Department of Health; 410 IAC 32-1-32; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810- IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-26) to the Indiana State Department of Health (410 IAC 32-1-32) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-33 410 IAC 32-1-33 "Facility" defined
410 IAC 32-1-33 "Facility" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 33. "Facility" means any target housing or child-occupied facility.
(Indiana Department of Health; 410 IAC 32-1-33; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 462; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011- IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-27) to the Indiana State Department of Health (410 IAC 32-1-33) by P.L.57- 2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-34 410 IAC 32-1-34 "Friction surface" defined
410 IAC 32-1-34 "Friction surface" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 34. "Friction surface" means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, window, floor, and stair surfaces.
(Indiana Department of Health; 410 IAC 32-1-34; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-27.5) to the Indiana State Department of Health (410 IAC 32-1-34) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-35 410 IAC 32-1-35 "Fund" defined
410 IAC 32-1-35 "Fund" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 35. "Fund", for the purposes of IC 16-41-39.8 and this article, means the Lead Trust Fund.
(Indiana Department of Health; 410 IAC 32-1-35; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-28) to the Indiana State Department of Health (410 IAC 32-1-35) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-36 410 IAC 32-1-36 "Guest instructor" defined
410 IAC 32-1-36 "Guest instructor" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 36. "Guest instructor" means an individual designated by the training curriculum manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of the training course.
(Indiana Department of Health; 410 IAC 32-1-36; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-29) to the Indiana State Department of Health (410 IAC 32-1-36) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-37 410 IAC 32-1-37 "Hands-on skills assessment" defined
410 IAC 32-1-37 "Hands-on skills assessment" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 37. "Hands-on skills assessment" means an evaluation that tests the trainees' ability to satisfactorily perform the work practices and procedures as well as any other skill taught in a training course.
(Indiana Department of Health; 410 IAC 32-1-37; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-30) to the Indiana State Department of Health (410 IAC 32-1-37) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-38 410 IAC 32-1-38 "Hazardous waste" defined
410 IAC 32-1-38 "Hazardous waste" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 38. "Hazardous waste" means any waste as defined in 40 CFR 261.3* or 329 IAC 3.1.
*This document is 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.
(Indiana Department of Health; 410 IAC 32-1-38; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 114; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-31) to the Indiana State Department of Health (410 IAC 32-1- 38) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-39 410 IAC 32-1-39 "High efficiency particle air" or "HEPA" defined
410 IAC 32-1-39 "High efficiency particle air" or "HEPA" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 39. "High efficiency particle air" or "HEPA" means a filter capable of filtering out particles of three-tenths (0.3) micron or greater from a body of air at ninety-nine and ninety-seven hundredths percent (99.97%) efficiency or greater.
(Indiana Department of Health; 410 IAC 32-1-39; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-32) to the Indiana State Department of Health (410 IAC 32-1-39) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-40 410 IAC 32-1-40 "Impact surface" defined
410 IAC 32-1-40 "Impact surface" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 40. "Impact surface" means any interior or exterior surface that is subject to damage by repeated sudden force, including parts of door frames.
(Indiana Department of Health; 410 IAC 32-1-40; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-32.1) to the Indiana State Department of Health (410 IAC 32-1-40) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-41 410 IAC 32-1-41 "Inspector" defined
410 IAC 32-1-41 "Inspector" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 41. "Inspector" means a person who has been trained by an approved training course provider and licensed by the department to conduct inspections. A licensed inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
(Indiana Department of Health; 410 IAC 32-1-41; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-32.2) to the Indiana State Department of Health (410 IAC 32-1-41) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-42 410 IAC 32-1-42 "Inspection" defined
410 IAC 32-1-42 "Inspection" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 42. "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
(Indiana Department of Health; 410 IAC 32-1-42; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-33) to the Indiana State Department of Health (410 IAC 32-1-42) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-43 410 IAC 32-1-43 "Interim controls" defined
410 IAC 32-1-43 "Interim controls" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 43. "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including the following:
(1) Specialized cleaning.
(2) Repairs.
(3) Maintenance.
(4) Painting.
(5) Clearance.
(6) Temporary containment.
(7) Ongoing monitoring of lead-based paint hazards or potential hazards.
(8) The establishment and operation of management and resident education programs.
(Indiana Department of Health; 410 IAC 32-1-43; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1435; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-34) to the Indiana State Department of Health (410 IAC 32-1-43) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-44 410 IAC 32-1-44 "Interior window sill" defined
410 IAC 32-1-44 "Interior window sill" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 44. "Interior window sill" means the portion of the horizontal window ledge that protrudes into the interior of the room.
(Indiana Department of Health; 410 IAC 32-1-44; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-34.5) to the Indiana State Department of Health (410 IAC 32-1-44) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-45 410 IAC 32-1-45 "Lead abated waste" defined
410 IAC 32-1-45 "Lead abated waste" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 45. "Lead abated waste" means lead or lead contaminated materials removed from an abatement project.
(Indiana Department of Health; 410 IAC 32-1-45; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-34.8) to the Indiana State Department of Health (410 IAC 32-1-45) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-46 410 IAC 32-1-46 "Lead-based paint" defined
410 IAC 32-1-46 "Lead-based paint" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 46. "Lead-based paint" means paint or another surface coating that contains lead in an amount equal to or greater than:
(1) one (1) milligram per square centimeter; or
(2) five-tenths percent (0.5%) by weight.
(Indiana Department of Health; 410 IAC 32-1-46; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1436; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-35) to the Indiana State Department of Health (410 IAC 32-1- 46) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-47 410 IAC 32-1-47 "Lead-based paint activities" defined
410 IAC 32-1-47 "Lead-based paint activities" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 47. "Lead-based paint activities" means the inspection, risk assessment, and remediation of lead-based paint in target housing and child-occupied facilities. The term includes interim controls, abatement, and clearance examination. Lead-based paint activities do not include work being completed under the Environmental Protection Agency's Renovation, Repair and Painting (RRP) Rule.
(Indiana Department of Health; 410 IAC 32-1-47; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1436; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR- 410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-36) to the Indiana State Department of Health (410 IAC 32-1-47) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-48 410 IAC 32-1-48 "Lead-contaminated dust" defined
410 IAC 32-1-48 "Lead-contaminated dust" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 48. "Lead-contaminated dust" means surface dust in residential dwellings or child-occupied facilities that contain an area or mass concentration of lead at, or in excess of, levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.
*This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
(Indiana Department of Health; 410 IAC 32-1- 48; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1436; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR- 410210327ACA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-38) to the Indiana State Department of Health (410 IAC 32-1-48) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-49 410 IAC 32-1-49 "Lead-contaminated soil" defined
410 IAC 32-1-49 "Lead-contaminated soil" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 49. "Lead-contaminated soil" means bare soil on residential real property and on the property of a child-occupied facility that contains lead at, or in excess of, levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.
*This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
(Indiana Department of Health; 410 IAC 32-1- 49; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1436; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR- 410210327ACA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-39) to the Indiana State Department of Health (410 IAC 32-1-49) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-50 410 IAC 32-1-50 "Lead hazard screen" defined
410 IAC 32-1-50 "Lead hazard screen" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 50. "Lead hazard screen" means a limited risk assessment activity that involves limited paint and dust sampling.
(Indiana Department of Health; 410 IAC 32-1-50; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1437; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-41) to the Indiana State Department of Health (410 IAC 32-1-50) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-51 410 IAC 32-1-51 "Living area" defined
410 IAC 32-1-51 "Living area" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 51. "Living area" means any area of a residential dwelling used by one (1) or more children six (6) years of age and younger, including, but not limited to, the following:
(1) Living rooms.
(2) Kitchen areas.
(3) Dens.
(4) Play rooms.
(5) Children's bedrooms.
(6) Bathrooms.
(Indiana Department of Health; 410 IAC 32-1-51; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1437; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-48) to the Indiana State Department of Health (410 IAC 32-1- 51) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-52 410 IAC 32-1-52 "Loading" defined
410 IAC 32-1-52 "Loading" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 52. "Loading" means the quantity of a specific substance present per unit of surface area. For example, the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters equals the loading.
(Indiana Department of Health; 410 IAC 32-1-52; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-48.5) to the Indiana State Department of Health (410 IAC 32-1-52) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-52.5 410 IAC 32-1-52.5 "Maintenance activities" defined
410 IAC 32-1-52.5 "Maintenance activities" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 52.5. "Maintenance activities" means any activity performed on a child-occupied facility or target housing unit that is part of a routine building examination or subsequent to the findings of a routine building examination.
(Indiana Department of Health; 410 IAC 32-1-52.5; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA)
410 IAC 32-1-53 410 IAC 32-1-53 "Multi-family dwelling" defined
410 IAC 32-1-53 "Multi-family dwelling" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 53. "Multi-family dwelling" means a structure that contains more than one (1) separate, residential, dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one (1) or more persons.
(Indiana Department of Health; 410 IAC 32-1-53; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1437; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-49) to the Indiana State Department of Health (410 IAC 32-1-53) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-54 410 IAC 32-1-54 "Occupant protection plan" defined
410 IAC 32-1-54 "Occupant protection plan" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 54. "Occupant protection plan" means a plan that shall be developed for all abatement projects and shall be prepared according to the following procedures:
(1) The occupant protection plan shall:
(A) be unique to each residential dwelling or child-occupied facility;
(B) be developed prior to abatement; and
(C) describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards.
(2) A licensed supervisor or project designer shall prepare the occupant protection plan.
(Indiana Department of Health; 410 IAC 32-1-54; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1437; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-50) to the Indiana State Department of Health (410 IAC 32-1-54) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-55 410 IAC 32-1-55 "Owner" defined
410 IAC 32-1-55 "Owner" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 55. "Owner" means a:
(1) person;
(2) firm;
(3) corporation;
(4) guardian;
(5) conservator;
(6) receiver;
(7) trustee;
(8) executor; or
(9) other judicial officer;
who alone, jointly, or severally with others owns, holds, or controls the whole or any part of the freehold or leasehold title to any property with or without accompanying actual possession of it. The term also includes any vendee in possession of it. The term does not include a mortgagee or an owner of a reversionary interest under a ground rent lease.
(Indiana Department of Health; 410 IAC 32-1-55; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1438; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-51) to the Indiana State Department of Health (410 IAC 32-1-55) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-56 410 IAC 32-1-56 "Paint in poor condition" defined
410 IAC 32-1-56 "Paint in poor condition" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 56. "Paint in poor condition" means:
(1) more than twenty (20) square feet of deteriorated paint on exterior components with large surface areas such as walls, ceilings, floors, and doors;
(2) more than two (2) square feet of deteriorated paint on interior components in a room with large surface areas, such as walls, ceilings, floors, and doors; or
(3) more than ten percent (10%) of the total surface area of the component is deteriorated on interior or exterior components with small surface areas, such as window sills, baseboards, soffits, and trim.
(Indiana Department of Health; 410 IAC 32-1-56; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1438; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 463; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-52) to the Indiana State Department of Health (410 IAC 32-1-56) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-57 410 IAC 32-1-57 "Paint-lead hazard" defined
410 IAC 32-1-57 "Paint-lead hazard" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 57. "Paint-lead hazard" means any one (1) of the following:
(1) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface, including the interior window sill or floor, are equal to or greater than the dust-lead hazard levels identified in this rule.
(2) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component including a door knob that knocks into a wall or a door that knocks against its door frame.
(3) Any chewable lead-based painted surface on which there is evidence of teeth marks.
(4) Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.
(Indiana Department of Health; 410 IAC 32-1-57; filed Sep 10, 2003, 4:24 p.m.: 27 IR 464; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-52.5) to the Indiana State Department of Health (410 IAC 32-1-57) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-58 410 IAC 32-1-58 "Permanently covered soil" defined
410 IAC 32-1-58 "Permanently covered soil" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 58. "Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. The term does not include grass, mulch, and other landscaping materials.
(Indiana Department of Health; 410 IAC 32-1-58; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1438; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-53) to the Indiana State Department of Health (410 IAC 32-1-58) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-59 410 IAC 32-1-59 "Person" defined
410 IAC 32-1-59 "Person" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-18-2-274; IC 16-41-39.8
Sec. 59. "Person" has the meaning set forth in IC 16-18-2-274(a).
(Indiana Department of Health; 410 IAC 32-1-59; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1438; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-54) to the Indiana State Department of Health (410 IAC 32-1-59) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-60 410 IAC 32-1-60 "Play area" defined
410 IAC 32-1-60 "Play area" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 60. "Play area" means an area of frequent soil contact by children six (6) years of age or younger as indicated by, but not limited to, such factors as the following:
(1) The presence of play equipment, including the following:
(A) Sand boxes, swing sets, and sliding board.
(B) Toys.
(C) Other children's possessions.
(2) Observations of play patterns.
(3) Information provided by parents, residents, care givers, or property owners.
(Indiana Department of Health; 410 IAC 32-1-60; filed Sep 10, 2003, 4:24 p.m.: 27 IR 464; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-54.5) to the Indiana State Department of Health (410 IAC 32-1-60) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-60.5 410 IAC 32-1-60.5 "Post-abatement report" defined
410 IAC 32-1-60.5 "Post-abatement report" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 60.5. "Post-abatement report" means the report that a licensed lead supervisor or a lead-based paint activities contractor submits to the department following the completion of an abatement project. The post-abatement report must contain the following information:
(1) Start and completion dates of abatement.
(2) The name and address of each licensed lead supervisor or lead-based paint activities contractor conducting the abatement and the name of each supervisor assigned to the abatement project.
(3) The occupant protection plan.
(4) A copy of the risk assessment that was conducted for the remediation project, if applicable.
(5) The name, address, and signature of each licensed risk assessor, inspector, clearance examiner, or sampling technician conducting clearance sampling and the date of clearance testing.
(6) The results of clearance testing and all soil analyses, if applicable, and the name of each recognized laboratory that conducted the analyses.
(7) A detailed written description of the abatement, including the following:
(A) Abatement methods used.
(B) Locations of rooms and components where abatement occurred.
(C) The reason for selecting particular abatement methods for each component.
(D) Any suggested monitoring of encapsulants or enclosures.
(Indiana Department of Health; 410 IAC 32-1-60.5; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA)
410 IAC 32-1-61 410 IAC 32-1-61 "Principal instructor" defined
410 IAC 32-1-61 "Principal instructor" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 61. "Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular training course.
(Indiana Department of Health; 410 IAC 32-1-61; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1438; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-55) to the Indiana State Department of Health (410 IAC 32-1-61) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-62 410 IAC 32-1-62 "Project designer" defined
410 IAC 32-1-62 "Project designer" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 62. "Project designer" means a person who has been trained by an approved training course provider and licensed by the department to prepare abatement project designs, occupant protection plans, and abatement reports.
(Indiana Department of Health; 410 IAC 32-1-62; filed Sep 10, 2003, 4:24 p.m.: 27 IR 464; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-55.5) to the Indiana State Department of Health (410 IAC 32-1-62) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-63 410 IAC 32-1-63 "Quality control plan" defined
410 IAC 32-1-63 "Quality control plan" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 63. "Quality control plan" means a plan to be used by an Indiana-approved training course provider to maintain and improve the quality of the training curriculum over time. This plan shall contain at least the following:
(1) Procedures for periodic revision of training materials and the course test to reflect innovations in the field.
(2) Procedures for the training manager's annual review of the principal instructor's competency.
(Indiana Department of Health; 410 IAC 32-1-63; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1438; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-56) to the Indiana State Department of Health (410 IAC 32-1- 63) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-64 410 IAC 32-1-64 "Recognized laboratory" defined
410 IAC 32-1-64 "Recognized laboratory" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 64. "Recognized laboratory" means an environmental laboratory recognized by the U.S. EPA according to TSCA Section 405(b), 15 U.S.C. 2685(b)* as being capable of performing an analysis for lead compounds in paint, soil, and dust.
*Copies of the Toxic Substances Control Act (TSCA) may be obtained from the Government Printing Office, Washington, D.C. 20402. Copies of pertinent sections are also available for copying at the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204.
(Indiana Department of Health; 410 IAC 32-1-64; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1438; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-57) to the Indiana State Department of Health (410 IAC 32-1-64) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-65 410 IAC 32-1-65 "Reduction" defined
410 IAC 32-1-65 "Reduction" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 65. "Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods, including interim controls and abatement.
(Indiana Department of Health; 410 IAC 32-1-65; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-58) to the Indiana State Department of Health (410 IAC 32-1-65) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-65.5 410 IAC 32-1-65.5 "Remediation" defined
410 IAC 32-1-65.5 "Remediation" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-18-2-0.5; IC 16-41-39.8
Sec. 65.5. "Remediation" means actions that constitute either:
(1) abatement (as defined in IC 16-18-2-0.5); or
(2) interim controls (as defined in section 43 of this rule).
(Indiana Department of Health; 410 IAC 32-1-65.5; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA)
410 IAC 32-1-66 410 IAC 32-1-66 "Renovation" defined
410 IAC 32-1-66 "Renovation" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 66. "Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces unless that activity is performed as part of a remediation.
(Indiana Department of Health; 410 IAC 32-1-66; filed Sep 10, 2003, 4:24 p.m.: 27 IR 464; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-58.5) to the Indiana State Department of Health (410 IAC 32-1-66) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-67 410 IAC 32-1-67 "Residential building" defined
410 IAC 32-1-67 "Residential building" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 67. "Residential building" means a building containing one (1) or more residential dwellings.
(Indiana Department of Health; 410 IAC 32-1-67; filed Sep 10, 2003, 4:24 p.m.: 27 IR 464; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-58.7) to the Indiana State Department of Health (410 IAC 32-1-67) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-68 410 IAC 32-1-68 "Residential dwelling" defined
410 IAC 32-1-68 "Residential dwelling" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 68. "Residential dwelling" means:
(1) a detached single family dwelling unit, including attached structures such as porches and stoops; or
(2) a single-family dwelling unit in a structure that contains more than one (1) separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one (1) or more persons.
(Indiana Department of Health; 410 IAC 32-1-68; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-59) to the Indiana State Department of Health (410 IAC 32-1- 68) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-69 410 IAC 32-1-69 "Risk assessment" defined
410 IAC 32-1-69 "Risk assessment" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 69. "Risk assessment" means:
(1) an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and
(2) the provision of a report by the individual or the firm conducting the risk assessment explaining the results of the investigation and options for reducing lead-based paint hazards.
(Indiana Department of Health; 410 IAC 32-1-69; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-60) to the Indiana State Department of Health (410 IAC 32-1- 69) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-70 410 IAC 32-1-70 "Risk assessor" defined
410 IAC 32-1-70 "Risk assessor" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 70. "Risk assessor" means a person who has been trained by an approved training course provider and licensed by the department to conduct inspections, lead- hazard screens, and risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
(Indiana Department of Health; 410 IAC 32-1-70; filed Sep 10, 2003, 4:24 p.m.: 27 IR 464; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-60.1) to the Indiana State Department of Health (410 IAC 32-1- 70) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-71 410 IAC 32-1-71 "Room" defined
410 IAC 32-1-71 "Room" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 71. "Room" means a separate part of the inside of a building, including a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six (6) inches from an intersecting wall. Half walls or bookcases are room separators, if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened-in porch that is used as a living area is a room.
(Indiana Department of Health; 410 IAC 32-1-71; filed Sep 10, 2003, 4:24 p.m.: 27 IR 465; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-60.5) to the Indiana State Department of Health (410 IAC 32-1-71) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-72 410 IAC 32-1-72 "Soil-lead hazard" defined
410 IAC 32-1-72 "Soil-lead hazard" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 72. (a) "Soil-lead hazard" means bare soil on residential real property or on the property of a child-occupied facility that contains total lead at, or in excess of, levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.
(b) A soil-lead hazard is present:
(1) in a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021; or
(2) in the rest of the yard when the arithmetic mean lead concentration from a composite sample or composite samples of bare soil from the rest of the yard, including nonplay areas, for each residential building on a property equal to or greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.
(c) If the soil is removed, it shall:
(1) be replaced by soil with a lead concentration as low as practicable, but not greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021; and
(2) not be used as top soil at another residential property or facility.
(d) If the soil-lead hazard is equal to or exceeds levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021, the soil-lead hazard must be remediated using an abatement activity.
*This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
(Indiana Department of Health; 410 IAC 32-1- 72; filed Sep 10, 2003, 4:24 p.m.: 27 IR 465; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-60.6) to the Indiana State Department of Health (410 IAC 32-1-72) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-73 410 IAC 32-1-73 "Start date" defined
410 IAC 32-1-73 "Start date" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 73. "Start date" means the day warning signs are posted and barrier tape demarcating the work area has been placed.
(Indiana Department of Health; 410 IAC 32-1-73; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-61) to the Indiana State Department of Health (410 IAC 32-1-73) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-74 410 IAC 32-1-74 "Soil sample" defined
410 IAC 32-1-74 "Soil sample" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 74. "Soil sample" means a sample collected in a representative location using ASTM E 1727 "Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques*".
*This document is 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.
(Indiana Department of Health; 410 IAC 32-1-74; filed Sep 10, 2003, 4:24 p.m.: 27 IR 465; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-61.5) to the Indiana State Department of Health (410 IAC 32-1-74) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-75 410 IAC 32-1-75 "Storage" defined
410 IAC 32-1-75 "Storage" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 75. "Storage" means the holding of lead containing waste material for a temporary period, at the end of which the waste is treated, disposed of, or stored elsewhere.
(Indiana Department of Health; 410 IAC 32-1-75; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-62) to the Indiana State Department of Health (410 IAC 32-1-75) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-76 410 IAC 32-1-76 "Supervisor" defined
410 IAC 32-1-76 "Supervisor" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 76. "Supervisor" means a person who has been trained by an approved training course provider, licensed by the department to supervise and conduct abatements, and prepare occupant protection plans and abatement reports.
(Indiana Department of Health; 410 IAC 32-1-76; filed Sep 10, 2003, 4:24 p.m.: 27 IR 465; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-62.5) to the Indiana State Department of Health (410 IAC 32-1-76) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-77 410 IAC 32-1-77 "Surface-by-surface investigation" defined
410 IAC 32-1-77 "Surface-by-surface investigation" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 77. "Surface-by-surface investigation" means an investigation of an entire facility to determine the presence of lead-based paint as described in Chapter 7, Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing, 1997, U.S. Department of Housing and Urban Development (HUD)* or U.S. Environmental Protection Agency (EPA) manual or equivalent.
*This document is 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.
(Indiana Department of Health; 410 IAC 32-1-77; filed Sep 10, 2003, 4:24 p.m.: 27 IR 465; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; errata filed Jan 20, 2012, 9:12 a.m.: 20120201-IR-410100734ACA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-62.6) to the Indiana State Department of Health (410 IAC 32-1-77) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-78 410 IAC 32-1-78 "Target housing" defined
410 IAC 32-1-78 "Target housing" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 78. "Target housing" means housing constructed before January 1, 1978. The term does not include the following:
(1) Housing for the elderly or individuals with disabilities that is not occupied by or expected to be occupied by a child six (6) years of age or younger.
(2) A zero-bedroom dwelling.
(Indiana Department of Health; 410 IAC 32-1-78; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 466; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-63) to the Indiana State Department of Health (410 IAC 32-1-78) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-79 410 IAC 32-1-79 "Third-party examination" defined
410 IAC 32-1-79 "Third-party examination" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 79. (a) "Third-party examination" means a U.S. EPA developed examination administered by:
(1) the department or its designated representative; or
(2) U.S. EPA or an authorized state or tribe;
as a licensure requirement as required under this article for inspectors, risk assessors, project designers, and supervisors.
(b) Workers and clearance examiners are not required to take the third-party examination.
(Indiana Department of Health; 410 IAC 32-1-79; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 466; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-64) to the Indiana State Department of Health (410 IAC 32-1-79) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-80 410 IAC 32-1-80 "Training curriculum" defined
410 IAC 32-1-80 "Training curriculum" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 80. "Training curriculum" means an established set of course topics for instruction in an approved training program for a particular discipline designed to provide specialized knowledge and skills.
(Indiana Department of Health; 410 IAC 32-1-80; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-65) to the Indiana State Department of Health (410 IAC 32-1-80) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-81 410 IAC 32-1-81 "Training hour" defined
410 IAC 32-1-81 "Training hour" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 81. "Training hour" means at least fifty (50) minutes of actual learning, including, but not limited to, time devoted to any one (1) or a combination of the following:
(1) Lecture.
(2) Learning activities.
(3) Small group activities.
(4) Demonstrations.
(5) Evaluations.
(6) Hands-on experience.
The lecture portion of the course may be delivered by an online synchronous or asynchronous format, if approved by the department.
(Indiana Department of Health; 410 IAC 32-1-81; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1439; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-66) to the Indiana State Department of Health (410 IAC 32-1-81) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-82 410 IAC 32-1-82 "Training manager" defined
410 IAC 32-1-82 "Training manager" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 82. "Training manager" means the individual responsible for administering a training curriculum and monitoring the performance of principal instructors and guest instructors.
(Indiana Department of Health; 410 IAC 32-1-82; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1440; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-67) to the Indiana State Department of Health (410 IAC 32-1-82) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-83 410 IAC 32-1-83 "Visual inspection for clearance testing" defined
410 IAC 32-1-83 "Visual inspection for clearance testing" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 83. "Visual inspection for clearance testing" means the visual examination of a residential dwelling or child-occupied facility following a remediation activity to determine whether or not the remediation has been successfully completed.
(Indiana Department of Health; 410 IAC 32-1-83; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1440; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-68) to the Indiana State Department of Health (410 IAC 32-1-83) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-84 410 IAC 32-1-84 "Visual inspection for risk assessment" defined
410 IAC 32-1-84 "Visual inspection for risk assessment" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 84. "Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.
(Indiana Department of Health; 410 IAC 32-1-84; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1440; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-69) to the Indiana State Department of Health (410 IAC 32-1-84) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-84.5 410 IAC 32-1-84.5 "Water-lead hazard" defined
410 IAC 32-1-84.5 "Water-lead hazard" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 84.5. "Water-lead hazard" means potable water on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding fifteen (15) parts per billion.
(Indiana Department of Health; 410 IAC 32-1-84.5; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA)
410 IAC 32-1-85 410 IAC 32-1-85 "Weighted arithmetic mean" defined
410 IAC 32-1-85 "Weighted arithmetic mean" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 85. (a) "Weighted arithmetic mean" means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. The types of samples include the following:
(1) A single surface sample is comprised of a single subsample.
(2) A composite sample may contain from two (2) to four (4) subsamples of the same area as each other and of each single surface sample in the composite.
(b) The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample and dividing the sum by the total number of subsamples contained in all samples:
(1) the weighted arithmetic mean of a single surface sample containing sixty (60) micrograms per square foot;
(2) a composite sample of three (3) subsamples containing one hundred (100) micrograms per square foot; and
(3) a composite sample of four (4) subsamples containing one hundred ten (110) micrograms per square foot.
The equation is (60 + (3100) + (4110))/(1 + 3 + 4) = 100 micrograms per square foot.
(Indiana Department of Health; 410 IAC 32-1-85; filed Sep 10, 2003, 4:24 p.m.: 27 IR 466; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-69.5) to the Indiana State Department of Health (410 IAC 32-1- 85) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-86 410 IAC 32-1-86 "Window trough or window well" defined
410 IAC 32-1-86 "Window trough or window well" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 86. "Window trough or window well" means, for a double-hung window, the portion of the exterior window sill between the interior window sill or stool and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered.
(Indiana Department of Health; 410 IAC 32-1-86; filed Sep 10, 2003, 4:24 p.m.: 27 IR 466; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-69.6) to the Indiana State Department of Health (410 IAC 32-1-86) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-87 410 IAC 32-1-87 "Wipe sample" defined
410 IAC 32-1-87 "Wipe sample" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 87. "Wipe sample" means a sample collected by wiping a representative surface of known area as determined by ASTM E 1728, "Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques*, with an acceptable wipe material as defined in ASTM E 1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust*".
*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.
(Indiana Department of Health; 410 IAC 32-1- 87; filed Sep 10, 2003, 4:24 p.m.: 27 IR 466; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-69.7) to the Indiana State Department of Health (410 IAC 32-1-87) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-88 410 IAC 32-1-88 "Work area" defined
410 IAC 32-1-88 "Work area" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 88. "Work area" means the facility, room, or portion of a facility or room where a lead abatement removal project is about to occur, is in progress, or has been completed, extending to the point where access to the area, as indicated by either the plastic or poly that forms and surrounds the containment area, or demarcation by signs or barrier tape, is limited to those workers or supervisors, or other persons authorized by the employer and required by work duties to be present in regulated areas, implementing the lead-based paint removal project.
(Indiana Department of Health; 410 IAC 32-1-88; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1440; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-70) to the Indiana State Department of Health (410 IAC 32-1-88) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-1-89 410 IAC 32-1-89 "Worker" defined
410 IAC 32-1-89 "Worker" defined
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 89. "Worker" means a person who has been trained by an approved training course provider and licensed by the department to perform abatements.
(Indiana Department of Health; 410 IAC 32-1-89; filed Sep 10, 2003, 4:24 p.m.: 27 IR 467; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-71) to the Indiana State Department of Health (410 IAC 32-1-89) by P.L.57-2009, SECTION 17, effective July 1, 2009.
Rule 2
410 IAC 32-2-1 410 IAC 32-2-1 Applicability
Rule 2. Licensing
410 IAC 32-2-1 Applicability
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8; IC 22-8-1.1
Sec. 1. (a) A person who engages in lead-based paint activities must obtain a license under this article. The department may issue a license for the following disciplines:
(1) Inspector.
(2) Risk assessor.
(3) Project designer.
(4) Supervisor.
(5) Worker.
(6) Contractor.
(7) Clearance examiner.
(b) This article does not apply to the following:
(1) A person conducting an inspection under the authority of IC 22-8-1.1 (the Indiana Occupational, Safety, and Health Act).
(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 six (6) years of age or younger; and
(ii) resides in the building and has been identified as having an elevated blood lead level.
(c) This article may not be construed as requiring the abatement of lead-based paint hazards in a child-occupied facility or target housing.
(d) All persons engaging in lead-based paint activities shall comply with work practice standards as set forth in 410 IAC 32-4.
(Indiana Department of Health; 410 IAC 32-2-1; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1440; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 467; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-1) to the Indiana State Department of Health (410 IAC 32-2- 1) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-2 410 IAC 32-2-2 General provisions
410 IAC 32-2-2 General provisions
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 2. (a) The purpose of the lead-based paint program is to ensure that a person conducting lead-based paint activities in target housing or child-occupied facilities does so in a manner that safeguards the environment and protects the health of the building's occupants, especially children who are six (6) years of age and younger.
(b) A political subdivision or a state agency may not accept a bid for a lead-based paint activities project from a person who does not hold a lead-based paint activities license.
(c) The department may do the following:
(1) Inspect the site of a lead-based paint activity:
(A) before the project begins;
(B) during the project; or
(C) after the project is completed.
(2) Conduct an investigation of a lead-based paint activities project upon:
(A) the department'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 department's own initiation; or
(B) the receipt of a complaint by a person.
(Indiana Department of Health; 410 IAC 32-2-2; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1440; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-2) to the Indiana State Department of Health (410 IAC 32-2-2) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-3 410 IAC 32-2-3 Licensing; qualifications
410 IAC 32-2-3 Licensing; qualifications
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3. (a) To become licensed by the department as an inspector, risk assessor, project designer, supervisor, worker, clearance examiner, or dust sampling technician, the applicant must do the following:
(1) Successfully complete an approved lead-based paint course in the appropriate discipline and receive a certificate of training from an approved course provider.
(2) Have attended an Indiana approved lead-based paint two (2) hour rules awareness course within twelve (12) months prior to making license application, if the approved lead-based paint course in subdivision (1) is not an Indiana-approved course.
(3) Meet or exceed the experience and education requirements for each desired discipline as listed in subsection (b).
(4) For inspector, risk assessor, project designers, and supervisor applicants, pass the third-party examination in the appropriate discipline.
(5) Notwithstanding subdivisions (1) through (4), an applicant may follow the reciprocity provisions in section 6.5 of this rule.
(b) At a minimum, the following experience, education requirements, and course work must be fulfilled for each desired discipline:
(1) Worker and clearance examiner applicants must comply with subsection (a)(1) and (a)(2).
(2) Inspector applicants shall have a high school diploma or general equivalency diploma (GED).
(3) Risk assessor applicants shall take and pass the inspector and risk assessor courses and pass all required examinations, including third-party examinations. Applicants must meet any one (1) of the following combinations of education and experience:
(A) Bachelor's degree and one (1) year of experience.
(B) Associate's degree and two (2) years of experience.
(C) A high school diploma or GED and three (3) years of experience.
Required experience must be in a related field, including lead, asbestos, environmental remediation work, or construction.
(4) Supervisor applicants shall take and pass the supervisor course and all required examinations, including third-party examinations, and meet one (1) of the following:
(A) One (1) year of experience as a licensed lead-based paint abatement worker.
(B) Two (2) years of experience in a related field, including lead, asbestos, environmental remediation, or work in the construction trades.
(5) Project designer applicants are required to take and pass the supervisor and project designer courses and pass all the required examinations, including third-party examinations and shall have:
(A) a bachelor's degree in engineering, architecture, or a related profession and one (1) year of experience in building construction design or a related field; or
(B) four (4) years of experience in building construction and design or a related field.
(c) A person who enters into a contract requiring the person to execute lead-based paint abatement to be conducted for compensation shall be a lead-based paint activities contractor licensed under this article. To become licensed by the department as a lead-based paint activities contractor, the applicant must comply with the following:
(1) The applicant must meet or have a designated representative who meets all of the following:
(A) Successfully complete an approved lead-based paint supervisor course within twelve (12) months prior to making license application, receive a certificate of training from an approved training course provider, and take and pass a third-party examination.
(B) One (1) year of experience as a licensed lead-based paint abatement worker or two (2) years of experience in a related field, to include lead, asbestos, environmental remediation, or work in the construction trades.
(2) The contractor may not allow an agent or employee of the contractor to:
(A) exercise control over a lead-based paint activities project;
(B) come into contact with lead-based paint in connection with lead-based paint activities; or
(C) engage in lead-based paint activities;
unless the agent or employee is licensed under this rule.
(3) The contractor and all of its agents and employees shall, when performing lead-based paint activities projects, comply with the work practice standards under 410 IAC 32-4 for performing the appropriate lead-based paint activities.
(4) Each contractor is required to have at least one (1) licensed lead-based paint project supervisor, responsible for direct supervision of workers, in the work area of the lead-based paint activity project. Lead-based paint workers shall have access to the project supervisors throughout the duration of the project.
(5) Each contractor shall ensure that the current lead-based paint program license belonging to each project supervisor and worker is kept on the job site during all lead-based paint activities. The lead-based paint licenses shall be:
(A) kept outside the work area; and
(B) available for inspection by the department.
(6) Contractor applicants must themselves have or have a designated representative who has:
(A) one (1) year of experience as a licensed lead-based paint abatement worker or at least two (2) years of experience in a related field, to include lead, asbestos, environmental remediation, or work in the construction trades; and
(B) successfully completed an approved lead-based paint supervisor course, received a certificate of training from an approved training course provider, and taken and passed a third-party examination.
(d) To take the third-party examination, a person shall:
(1) successfully complete an approved training course in the appropriate discipline;
(2) receive a certificate of training from an approved training course provider; and
(3) meet or exceed the education and experience requirements in subsections (b) and (c).
(e) An applicant may take the third-party examination, if required, not more than three (3) times within six (6) months of receiving a certificate of training.
(f) If a person does not pass the third-party examination within six (6) months of receiving his or her certificate of training, the person must retake the appropriate initial course from an approved training course provider before reapplying for a license from the department.
(g) Any individual who has had more than a forty-eight (48) month time lapse between any two (2) training courses of the same discipline shall:
(1) be required to attend an initial training course for the discipline in which he or she is seeking licensing; and
(2) take the third-party examination required for the discipline in which he or she is seeking licensure as follows:
(A) Inspectors, risk assessors, and supervisors shall take the examination for that discipline.
(B) Project designers shall take the third-party examination for supervisor.
(C) Workers or clearance examiners are not required to take a third-party examination.
(h) The following documents shall be submitted to the department to demonstrate compliance with the requirements of this section:
(1) Official academic transcripts or diplomas to demonstrate compliance with the education requirements.
(2) Resumes, letters of reference, or documentation of work experience to demonstrate compliance with the work experience requirements.
(3) Certificates of training from lead-specific or other related training courses, issued by approved training course providers, to demonstrate compliance with the training requirements.
(4) Official documentation indicating the passage of a third-party examination.
(Indiana Department of Health; 410 IAC 32-2-3; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1441; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 467; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR- 410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-3) to the Indiana State Department of Health (410 IAC 32-2-3) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-4 410 IAC 32-2-4 License; application
410 IAC 32-2-4 License; application
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 4. (a) Any person applying for an initial lead-based paint license from the department as a lead-based paint inspector, a risk assessor, a project designer, a supervisor, a worker, a clearance examiner, or a contractor shall do the following:
(1) Submit a completed application on forms provided by the department.
(2) Submit a copy of all required documents, as provided in section 3(h) of this rule, that the person meets the experience, education, and training requirements in section 3 of this rule, including that the applicant successfully completed the approved initial and any requisite refresher training courses.
(3) Receive passing scores on all written examinations for the courses.
(4) Pay the license application fee specified in section 8 of this rule.
(5) For persons applying for inspector, risk assessor, or supervisor licenses, provide proof of passing the third-party examination.
(b) Any person applying for an initial license from the department to conduct lead-based paint activities as a contractor shall do the following:
(1) Submit a copy of the current Indiana lead-based paint project supervisor license of the designated representative.
(2) Submit a signed contractor certificate and signature form.
(3) Submit signed signature cards.
(4) Submit a completed application on forms provided by the department, which shall include a signed statement that the person has read and understands this rule and 40 CFR 745 "Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; Final Rule"*.
(5) Submit a copy of all required documents, as provided in section 3(h) of this rule, indicating that the applicant or the applicant's designated representative meets the experience, education, and training requirements in section 3 of this rule, including having successfully completed the approved initial and any requisite refresher training courses for lead-based paint project supervisor and received passing scores on all written examinations for such courses, including third-party examinations.
(6) Submit a complete list of contracts for the prior thirty-six (36) months for lead-based paint projects, including names, addresses, and telephone numbers of persons for whom projects were performed.
(7) Submit an up-to-date copy of the contractor's written standard operating procedures that include current compliance procedures.
(8) Submit a description of any lead-based paint projects that the contractor conducted that were prematurely terminated or not completed, including the circumstances surrounding the termination or failure to complete.
(9) Submit a list of any contractual penalties related to lead-based paint activities that the contractor has paid for noncompliance with contract specifications.
(10) Submit copies of any and all:
(A) warning letters;
(B) notices and orders of the commissioner;
(C) agreed orders;
(D) citations;
(E) notices of violation; or
(F) findings of violation;
levied against the contractor by any federal, state, or local government agency for violations of regulations or other laws pertaining to lead-based paint activities, including names and locations of the projects, the dates, and a description of how the allegations were resolved.
(11) Submit a description detailing all legal proceedings, lawsuits, warning letters to supervisors from the department, or claims that have been filed or levied against the contractor or any of the contractor's past or present employees, while employed by the contractor, for lead-based paint related activities.
(12) Submit documentation of the contractor's financial responsibility with a current certificate of insurance with at least five hundred thousand dollars ($500,000) of liability insurance. The company offering the insurance coverage must be recognized or licensed by the Indiana department of insurance.
(13) Pay the license application fee specified in section 8 of this rule.
(c) If the department determines the information on the application to be incomplete, the department shall request in writing that the applicant submit the missing information. If the information is not submitted within one (1) year of the department's receipt of the application, the application will expire. The application fee is not transferable and nonrefundable.
(d) In addition to the requirements of subsections (a) through (b), the department may require an applicant or a designated representative of a contractor, in the case of subsection (b), to take an examination administered by the department. The examination shall cover only the discipline for which the applicant is seeking a license. The commissioner shall deny the application if the applicant does not receive a passing score of seventy percent (70%). If the department denies the application, the certificate of training is invalid and the applicant must retake and pass the initial training course for the discipline for which the applicant is seeking a license and any subsequent third-party examination.
(e) The applicant shall provide two (2) copies of a clear and recent one and one-half (11/2) inch by one and one-half (11/2) inch identifying color photograph at the time of application.
(f) The department shall review the application and shall make a determination as to the eligibility of the person. The department shall issue a lead-based paint program license to any person who fulfills the requirements established by this rule. The lead-based paint program license shall expire three (3) years after issuance. The department may deny an application for a lead-based paint program license based on any of the applicable criteria listed in section 6 of this rule or for failure to comply with any other provision of this rule.
(g) Applications must be completed in writing and submitted for processing. The department shall not process applications on a walk-in basis or process applications over the telephone. If the license is approved, the license will be sent to the applicant via the U.S. Postal Service to the address listed on the application.
*This document is 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.
(Indiana Department of Health; 410 IAC 32-2-4; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1442; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed May 21, 2002, 10:20 a.m.: 25 IR 3108; filed Sep 10, 2003, 4:24 p.m.: 27 IR 469; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed ; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-4) to the Indiana State Department of Health (410 IAC 32-2-4) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-5 410 IAC 32-2-5 Renewal of lead-based paint license
410 IAC 32-2-5 Renewal of lead-based paint license
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 5. (a) Any person seeking to renew a license as a lead-based paint inspector, risk assessor, project designer, supervisor, worker, clearance examiner, or contractor shall meet the following requirements:
(1) Have possessed a valid license in the same discipline in which renewal is being sought within the previous twelve (12) months.
(2) Have attended, within the previous twelve (12) months, an approved refresher training course for the discipline in which the person was previously licensed. The following disciplines have additional requirements:
(A) A risk assessor may take both the inspector refresher course and the risk assessor refresher course or an approved combined inspector/risk assessor refresher course.
(B) A project designer shall take both the supervisor refresher course and the project designer refresher training course.
(3) Have taken and passed a third-party examination as required for inspector, risk assessor, project designer, or project supervisor.
(4) Submit a completed application on forms provided by the department and include a copy of:
(A) the certificates of training indicating that the person successfully completed the refresher training course and passed the written examination; and
(B) for inspectors, risk assessors, and supervisors, provide proof of having passed the third-party examination.
(5) For a contractor, submit a complete list of contracts for the prior thirty-six (36) months for lead-based paint activities, including names, addresses, and telephone numbers of persons for whom projects were performed.
(6) Pay the license application fee as specified in section 8 of this rule.
(b) Any person seeking to renew a lead-based paint license as a contractor shall:
(1) include updated information in the application, if any information has changed during the previous thirty-six (36) months;
(2) routinely examine and update the standard operating procedures manual to reflect the compliance assurance methodologies that meet current federal, state, and local regulations or other laws pertaining to lead-based paint; and
(3) submit a complete list of contracts for the prior thirty-six (36) months for lead-based paint projects, including names, addresses, and telephone numbers of persons for whom projects were performed.
(c) The applicant shall provide two (2) copies of a clear and recent one and one-half (1 1/2) inch by one and one-half (1 1/2) inch identifying color photograph at the time of application.
(d) The department shall do the following:
(1) Review the application.
(2) Make a determination as to the eligibility of the person.
(3) Issue a lead-based paint license renewal to any person who fulfills the requirements established in this rule.
The lead-based paint program license shall expire three (3) years after issuance. However, the department may deny an application for renewal of a lead-based paint license based on any of the criteria listed in section 6 of this rule, as applicable, or for failure to comply with any other provision of this rule.
(e) Any individual who has had a forty-eight (48) month time lapse between any two (2) training courses of the same discipline shall:
(1) be required to attend an initial training course for the discipline to which they are seeking to be licensed; and
(2) take the third-party examination required for the discipline in which he or she is seeking licensure.
(Indiana Department of Health; 410 IAC 32-2-5; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1444; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 471; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-5) to the Indiana State Department of Health (410 IAC 32-2-5) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-6 410 IAC 32-2-6 Compliance requirements for lead-based paint activities contractors
410 IAC 32-2-6 Compliance requirements for lead-based paint activities contractors
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 6. (a) A lead-based paint activities contractor licensed under this rule 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 licensed 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 the following:
(A) Methods used.
(B) Locations of rooms or components where lead-based paint activities occurred.
(C) Reasons for selecting particular lead-based paint activities methods for each component.
(D) 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-recognized laboratory that conducted the analysis. The laboratory that conducted the analysis must be recognized by U.S. EPA, pursuant to Section 405(b) of TSCA*, as being capable of performing analyses for lead compounds in paint chips, dust, and soil samples.
(10) A copy of each receipt issued by a disposal site.
(b) 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.
(c) A lead-based paint activities contractor shall make records available to the department upon request.
(d) A lead-based paint activities contractor shall provide a copy of all reports or plans to the building owner who contracted for the services.
*This document is 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.
(Indiana Department of Health; 410 IAC 32-2-6; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1444; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 471; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-6) to the Indiana State Department of Health (410 IAC 32-2-6) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-7 410 IAC 32-2-7 Lead-based paint license reciprocity
410 IAC 32-2-7 Lead-based paint license reciprocity
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 7. (a) Any person holding a current U.S. EPA state or tribe authorized lead-based paint program license from another state, who is applying for an initial Indiana lead-based paint license from the department as a lead-based paint inspector, risk assessor, project designer, supervisor, worker, or clearance examiner under this rule, shall do the following:
(1) Submit a completed application on forms provided by the department.
(2) Submit a copy of all current lead-based paint program licenses.
(3) For persons applying for inspector, risk assessor, project designer, or supervisor licenses, provide proof of having passed the third- party examination.
(4) Have attended an Indiana approved lead-based paint two (2) hour rules awareness course.
(5) Pay the license application fee specified in section 8 of this rule.
(b) Any person holding a current U.S. EPA state or tribe authorized lead-based paint program license, who is applying for an initial Indiana license from the department to conduct lead-based paint activities as a contractor under this rule, shall do the following:
(1) Submit a completed application on forms provided by the department, which shall include a signed statement that the person has read and understands this rule and 40 CFR 745, Lead Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; Final Rule*.
(2) Submit a copy of all U.S. EPA or U.S. EPA state or tribe authorized lead-based paint program licenses and documentation indicating that the applicant or the applicant's designated representative meets the experience, education, and training requirements of section 3 of this rule, including having successfully completed the approved initial and any requisite refresher training courses for lead-based paint project supervisor and received passing scores on all written examinations for such courses, including third-party examinations.
(3) Submit an up-to-date copy of the contractor's written standard operating procedures that include current compliance procedures.
(4) Submit documentation of the contractor's financial responsibility with a current certificate of insurance with at least five hundred thousand dollars ($500,000) of liability insurance. The company offering the insurance coverage must be recognized or licensed by the Indiana department of insurance.
(5) Have attended an Indiana approved lead-based paint two (2) hour rules awareness course.
(6) Pay the license application fee specified in section 8 of this rule.
(c) If the department determines the information on the application is incomplete, the department shall request in writing that the applicant submit the missing information. If the information is not submitted within one (1) year of the department receipt of the application, the application will expire and the fee is not transferable.
(d) In addition to the requirements of subsections (a) through (b), the department may require an applicant or a designated representative to take an examination administered by the department. The examination shall cover only the discipline for which the applicant is seeking licensure. The commissioner shall deny the application if the applicant does not receive a passing score of seventy percent (70%). If the department denies the application, the certificate of training is invalid and the applicant must retake and pass the initial training course for the discipline for which the applicant is seeking a license and any subsequent third-party examinations.
(e) The applicant shall provide two (2) copies of a clear and recent one and one-half (11/2) inch by one and one-half (11/2) inch identifying color photograph at the time of application.
(f) The department shall review the application and shall make a determination as to the eligibility of the person. The department shall issue a lead-based paint program license to any person who fulfills the requirements established by this rule. The lead-based paint license shall expire three (3) years after issuance. The department may deny an application for a lead-based paint program license based on any of the applicable criteria listed in section 6 of this rule or for failure to comply with any other provision of this rule.
(g) Applications must be completed in writing and submitted for processing. If the license is approved, the license will be sent to the applicant via the United States Postal Service to the address listed on the application.
*This document is 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.
(Indiana Department of Health; 410 IAC 32-2-7; filed Sep 10, 2003, 4:24 p.m.: 27 IR 472; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-6.5) to the Indiana State Department of Health (410 IAC 32-2-7) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-8 410 IAC 32-2-8 Lead-based paint license revocation; denial
410 IAC 32-2-8 Lead-based paint license revocation; denial
Authority: IC 16-41-39.8-6
Affected: IC 4-21.5; IC 16-41-39.8
Sec. 8. (a) The department may, under IC 4-21.5, deny an application for a license, reprimand a license, or suspend or revoke a license for any of the following reasons:
(1) Violating any requirement of the following:
(A) This title.
(B) 40 CFR 745 (Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities)*.
(C) IC 16-41-39.8.
(D) Any federal, state, or local lead-based paint regulations.
(2) Falsifying information on an application for a lead-based paint license, including, but not limited to, approval records, instructor qualifications, or other approval information.
(3) Violating or failing to meet any requirement specified in this article.
(4) Conducting a lead-based paint project, or related activity, in a manner that is hazardous to the public health.
(5) Performing work requiring a lead paint license at a job site without being in physical possession of initial and current certificates of training or license.
(6) Permitting the duplication or use of one's own lead-based paint license by another person.
(7) Performing work for which a lead-based paint license has not been received.
(8) Obtaining training from a training course provider who does not have the approval to offer training for the particular discipline for which the license was received.
(9) Obtaining training documentation through fraudulent means.
(10) Gaining admission to and completing an approved training curriculum through misrepresentation of admission requirements.
(11) Fraudulently or deceptively obtaining a license or attempts to obtain a license through misrepresentation of certificate of training requirements, third-party examination, or related documents dealing with education, training, professional registration, or experience.
(12) Misrepresenting the extent of a training courses's approval.
(13) Failing to submit required information or notifications in a timely manner.
(b) In addition to the causes in subsection (a), the department may, under IC 4-21.5, reprimand a lead-based paint contractor or suspend or revoke a lead-based paint license if the contractor:
(1) performs work requiring licensure at a job site with individuals who are not licensed;
(2) fails to comply with the work practice standards established in 410 IAC 32-4;
(3) misrepresents facts in the contractor's letter of application for a license;
(4) fails to maintain required records; or
(5) fails to comply with federal, state, or local lead-based paint rules, regulations, or statutes.
(c) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.
(d) If the department 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 department may enjoin further work on the lead-based paint project without prior notice or hearing by completing the following procedures:
(1) A notice shall be delivered to:
(A) the lead-based paint activities contractor engaged in the lead-based paint activities project; or
(B) an agent or representative of the lead-based paint activities contractor.
(2) A notice issued under this section must:
(A) specify the violations of law that are occurring on the lead-based paint activities project; and
(B) prohibit further work on the lead-based paint activities project until the specified violations cease and the notice is rescinded by the commissioner.
(3) The contractor shall have fourteen (14) days in which to provide written notification to the department that violations have been corrected.
(4) 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 rescission of the notice.
*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.
(Indiana Department of Health; 410 IAC 32-2- 8; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1445; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed May 21, 2002, 10:20 a.m.: 25 IR 3109; filed Sep 10, 2003, 4:24 p.m.: 27 IR 473; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-7) to the Indiana State Department of Health (410 IAC 32-2-8) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-9 410 IAC 32-2-9 Fees
410 IAC 32-2-9 Fees
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 9. (a) The applicant for any lead-based paint license shall pay a nonrefundable application fee of one hundred fifty dollars ($150).
(b) Fees paid by mail shall be paid by check or money order and shall be made payable to the Indiana Department of Health and sent to the Cashier, Indiana Department of Health, P.O. Box 7236, Indianapolis, Indiana 46207.
(c) The application fee shall not be:
(1) transferable from one (1) type of lead-based paint license to another;
(2) transferable from one (1) person to another; or
(3) transferable to any other type of license or approval issued by the department;
unless requested by the applicant within three (3) days of submittal to the department or prior to processing by the department, whichever is earlier.
(d) If the department determines the information on the application to be incomplete, the applicant will be requested to submit the missing information. If the information is not submitted within one (1) year of the department's receipt of the application, the application will expire and the fee is not transferable.
(Indiana Department of Health; 410 IAC 32-2-9; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1446; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 474; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-8) to the Indiana State Department of Health (410 IAC 32-2-9) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-10 410 IAC 32-2-10 Duplicate lead-based paint program licenses
410 IAC 32-2-10 Duplicate lead-based paint program licenses
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 10. (a) To replace a lead-based paint program license that has been lost or stolen, a person shall submit a completed application for a duplicate license on a form provided by the department.
(b) The form shall include a statement indicating that the original lead-based paint program license was lost or stolen.
(c) The department shall issue no more than two (2) duplicate licenses to any person in any calendar year.
(d) The application must be submitted in person to the department by the licensee. Two (2) pieces of identification must be shown at the time of application. Acceptable pieces of identification include a valid state-issued driver's license, an Indiana issued identification card, a valid United States passport, or a valid Immigration and Naturalization Service (INS) identification, one (1) of which must include a picture of the applicant.
(Indiana Department of Health; 410 IAC 32-2-10; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1446; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 474; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-9) to the Indiana State Department of Health (410 IAC 32-2-10) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-2-11 410 IAC 32-2-11 Compliance; enforcement
410 IAC 32-2-11 Compliance; enforcement
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8-14; IC 16-41-39.8-15
Sec. 11. Failure to comply with IC 16-41-39.8 or this rule may result in civil or criminal enforcement under IC 16-41-39.8- 14 and 16-41-39.8-15 [IC 16-41-39.8-15] .
(Indiana Department of Health; 410 IAC 32-2-11; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1446; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-10) to the Indiana State Department of Health (410 IAC 32-2- 11) by P.L.57-2009, SECTION 17, effective July 1, 2009.
Rule 3
410 IAC 32-3-1 410 IAC 32-3-1 Applicability
Rule 3. Training Courses and Instructors
410 IAC 32-3-1 Applicability
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8; IC 36-1-2-10; IC 36-1-2-23
Sec. 1. (a) A person may apply to the department to be an approved training course provider to offer lead-based paint activities initial or refresher courses in any of the following disciplines:
(1) Inspector.
(2) Risk assessor.
(3) Project designer.
(4) Supervisor.
(5) Worker.
(6) Clearance examiner.
(b) A person may apply to the department to be an approved training course provider to offer an Indiana lead-based paint two (2) hour rules awareness course.
(c) Training course providers may apply to the department for approval of their lead-based paint activities courses, Indiana lead-based paint two (2) hour rules awareness course, or refresher courses pursuant to this rule on or after the effective date of this rule.
(d) A training course provider shall not provide, offer, or claim to provide approved lead-based paint activities courses or Indiana lead- based paint two (2) hour rules awareness course without applying for and receiving approval from the department as required under this rule.
(e) Section 12 of this rule does not apply to a training course provider that is:
(1) a state;
(2) a unit as defined in IC 36-1-2-23;
(3) a municipal corporation as defined in IC 36-1-2-10; or
(4) an exempt organization under 26 U.S.C. 501(a)*.
*This document is 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 from Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204.
(Indiana Department of Health; 410 IAC 32-3-1; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1446; filed Sep 10, 2003, 4:24 p.m.: 27 IR 475; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-1) to the Indiana State Department of Health (410 IAC 32-3-1) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-2 410 IAC 32-3-2 Initial and refresher training course and lead-based paint two (2) hour rules awareness course application for approval
410 IAC 32-3-2 Initial and refresher training course and lead-based paint two (2) hour rules awareness course application for approval
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 2. The following procedures shall be followed by a training course provider to receive approval by the department to offer initial or refresher lead-based paint activities courses or Indiana lead-based paint two (2) hour rules awareness course:
(1) A training course provider seeking approval for each training course shall submit one (1) written application, per discipline, for each initial and refresher training course or two (2) hour rules awareness course on forms provided by the department. The application for approval shall contain the following information:
(A) The training course provider's name, address, telephone number, and primary contact person.
(B) The name of the training course.
(C) The course agenda or curriculum.
(D) The training course test blueprint for each course.
(E) A letter from the training course provider that clearly indicates how the course meets the applicable requirements of this rule, including the following information:
(i) Length of training in days.
(ii) A description of the facilities and equipment to be used for lecture and hands-on training. The lecture portion of the courses may be delivered in an online synchronous or asynchronous format, if approved by the department.
(iii) Amount and type of hands-on training.
(iv) Description of the examinations, including the length, format, and passing score.
(v) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course.
(vi) Topics covered in the course.
(vii) A copy of the quality control plan as defined in 410 IAC 32-1-63.
(viii) A copy of the certificates of training.
(F) If a training course provider uses U.S. EPA-recommended model training materials, the training course manager shall include a statement certifying that the recommended version will be used.
(G) The names and qualifications of the course instructors, including guest instructors, to include academic credentials and field experience.
(H) A detailed statement about the development of the examinations and a copy of the examinations used in the course.
(I) A description and an example of numbered certificates issued to students who complete the course and pass the examination, with the following information:
(i) The name and address of the accredited person.
(ii) The discipline of the training course completed.
(iii) The dates of the training course.
(iv) The date of the examination.
(v) An expiration date not to exceed thirty-six (36) months after the date upon which the person successfully completed the course and passed the examination.
(vi) The name, address, and telephone number of the training course provider who issued the certificate.
(vii) A statement that the person receiving the certificate has completed the requisite training for lead-based paint accreditation.
(viii) A statement that the training course meets the requirements as outlined by Indiana under this rule.
(J) A list of all U.S. EPA authorized and nonapproved states in which the course has received full or contingent approval. Also provide a list of courses directly approved by the U.S. EPA.
(K) A detailed statement of how the training course provider ensures that all requirements for training students be met in the event that the:
(i) instructor does not speak a language understood by all students; or
(ii) course materials are not in a language understood by all students.
(L) The requirements under clauses (D), (E)(iii) through (E)(v), (E)(vii), (H), and (I)(iv) are not required for the two (2) hour rules awareness course.
(2) If a training course provider's training course materials are not based on U.S. EPA-recommended model training materials or training materials approved by an EPA-approved state or Indian tribe, the training course provider's application for approval shall include the following for each course:
(A) A copy of the student and instructor manuals.
(B) A copy of the course agenda.
(3) A training course provider may apply for approval to offer initial courses or refresher courses in as many disciplines as it chooses. A training course provider may seek approval for additional courses at any time as long as the training course provider can demonstrate that it meets the requirements of this rule.
(4) If the department determines the information on the application to be incomplete, the applicant will be requested to submit the missing information. If the information is not submitted within one (1) year of the department's receipt of the application, the application will expire and the application fee is not transferable or refundable.
(Indiana Department of Health; 410 IAC 32-3-2; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1447; filed Sep 10, 2003, 4:24 p.m.: 27 IR 475; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810- IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-2) to the Indiana State Department of Health (410 IAC 32-3- 2) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-3 410 IAC 32-3-3 Initial training course requirements
410 IAC 32-3-3 Initial training course requirements
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3. To offer lead-based paint course instruction in any one (1) or all of the disciplines, training course providers must ensure that their courses of study meet, at a minimum, the following training hour requirements and hands-on activities:
(1) The course of study for an inspector must last a minimum of twenty-four (24) training hours. This course of study shall include a minimum of eight (8) hours of hands-on training and shall contain the following course topics:
(A) Role and responsibilities of an inspector.
(B) Background information on lead and its adverse health effects.
(C) Lead-based paint inspection methods, including selection of rooms and components for sampling or testing. This course of study shall include hands-on activities.
(D) Paint, dust, and soil sampling methodologies. This course of study shall include hands-on activities.
(E) Clearance standards and testing, including random sampling. This course of study shall include hands-on activities.
(F) Preparation of the final inspection report. This course of study shall include hands-on activities.
(G) Record keeping.
(H) Regulatory review to include the following:
(i) TSCA Title IV*.
(ii) Occupational Safety and Health Administration (OSHA) respirator requirements found at 29 CFR 1926.62*.
(iii) Applicable local, state, and federal regulations and guidance that pertain to lead-based paint and lead-based paint activities.
(2) The course of study for a risk assessor must last a minimum of sixteen (16) training hours and shall include a minimum of four (4) hours of hands-on training and contain the following course topics:
(A) Role and responsibilities of a risk assessor.
(B) Collection of background information to perform a risk assessment.
(C) Sources of environmental lead contamination, including paint, surface dust and soil, water, air, packaging, and food.
(D) Visual inspection for the purposes of identifying potential sources of lead-based paint hazards. The course of study includes hands-on activities.
(E) Lead hazard screen protocol.
(F) Sampling for other sources of lead exposure. The course of study includes hands-on activities.
(G) Interpretation of lead-based paint and other lead sampling results, including all applicable state or federal guidance or regulations pertaining to lead-based paint hazards. The course of study includes hands-on activities.
(H) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.
(I) Preparation of a final risk assessment report.
(J) Regulatory review, including, at minimum, the following:
(i) OSHA lead construction standard found at 29 CFR 1926.62*.
(ii) U.S. EPA Lead-Based Paint Poisoning Prevention rule found at 40 CFR 745*.
(iii) All applicable local, state, and federal regulations.
(3) The course of study for a supervisor must last a minimum of thirty-two (32) training hours and shall include a minimum of eight (8) hours of hands-on training and contain the following course topics:
(A) Role and responsibilities of a supervisor.
(B) Background information on lead and its adverse health effects.
(C) Regulatory review to include, at minimum, the following:
(i) OSHA lead construction standard found at 29 CFR 1926.62* (Occupational Safety and Health Administration, Occupational Exposure to Lead).
(ii) U.S. EPA Lead-Based Paint Poisoning Prevention rule found at 40 CFR 745*.
(iii) All applicable local, state, and federal regulations.
(D) Liability and insurance issues relating to lead-based paint abatement.
(E) Risk assessment and inspection report interpretation. This course of study includes hands-on activities.
(F) Development and implementation of an occupant protection plan and abatement report.
(G) Lead-based paint hazard recognition and control. This course of study includes hands-on activities.
(H) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices. This course of study includes hands-on activities.
(I) Interior dust abatement and cleanup or lead-based paint hazard control and reduction methods. This course of study includes hands-on activities.
(J) Soil and exterior dust abatement or lead-based paint hazard control and reduction methods. This course of study includes hands-on activities.
(K) Clearance standards and testing.
(L) Cleanup and waste disposal.
(M) Record keeping.
(N) Employee personal respiratory protection and personal protective equipment, including the following:
(i) Classes and characteristics of respirator types.
(ii) Limitations of respirators.
(iii) Proper selection, inspections, donning, use, maintenance, and storage procedures for respirators.
(iv) Methods for field testing of the face piece-to-mouth seal (positive and negative pressure fitting tests).
(v) Qualitative and quantitative fit testing procedures.
(vi) Variability between field and laboratory protection factors.
(vii) Factors that alter respirator fit, for example, facial hair.
(viii) The components of a proper respiratory protection program.
(ix) Selection and use of personal protective clothing.
(x) Use, storage, and handling of nondisposable clothing.
(xi) Regulations covering personal protective equipment.
(O) Respiratory protection programs and medical surveillance programs.
(4) The course of study for a project designer must last a minimum of eight (8) training hours and contain the following course topics:
(A) Role and responsibilities of a project designer.
(B) Development and implementation of an occupant protection plan for large scale abatement projects.
(C) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large-scale abatement projects.
(D) Interior dust abatement and cleanup or lead hazard control and reduction methods for large-scale abatement projects.
(E) Clearance standards and testing for large-scale abatement projects.
(F) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large-scale abatement projects.
(G) OSHA requirements for lead sites.
(H) Relevant federal, state, and local regulatory requirements with a discussion of procedures and standards.
(5) The course of study for an abatement worker must last a minimum of sixteen (16) training hours. This course of study includes a minimum of eight (8) hours of hands-on activities and contain the following course topics:
(A) Role and responsibilities of an abatement worker.
(B) Background information on lead and its adverse health effects.
(C) Background information on federal, state, and local regulations and guidance that pertain to lead-based paint abatement.
(D) Lead-based paint hazard recognition and control. This course of study includes hands-on activities.
(E) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices, with hands-on activities.
(F) Interior dust abatement methods and cleanup or lead-based paint hazard reduction, with hands-on activities.
(G) Soil and exterior dust abatement methods or lead-based paint hazard reduction, with hands-on activities.
(H) Employee personal protective equipment, including the following:
(i) Classes and characteristics of respirator types.
(ii) Limitations of respirators and their proper selection, inspection, donning, use, maintenance, and storage procedures.
(iii) Methods for field testing of the face piece-to-mouth seal (positive and negative pressure fitting tests).
(iv) Qualitative and quantitative fit testing procedures.
(v) Variability between field and laboratory protection factors.
(vi) Factors that alter respirator fit, for example, facial hair.
(vii) The components of a proper respiratory protection program.
(viii) Selection and use of personal protective clothing, use, storage, and handling of nondisposable clothing.
(ix) Regulations covering personal protective equipment.
(I) Hazards encountered during abatement activities and how to deal with them, including the following:
(i) Electrical hazards.
(ii) Heat stress.
(iii) Air contaminants other than lead.
(iv) Fire and explosion hazards.
(v) Scaffold and ladder hazards.
(vi) Slips, trips, and falls.
(vii) Confined spaces.
(J) Applicable federal, state, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.
(6) The course of study for a clearance examiner must last a minimum of five (5) training hours. This course of study shall follow the U.S. EPA-approved Lead Sampling Technician Training Course, including the use of all guidelines, manuals, and appendices and contain the following course topics:
(A) Introduction and background shall contain the following topics:
(i) A brief overview to the course.
(ii) An introduction of course objectives and general background on the health risks of lead and the purpose of lead sampling.
(B) Skills shall contain the following topics:
(i) How to perform a visual assessment.
(ii) Preparation for and collection of dust wipe samples.
(iii) Selection of an accredited lab, sample submission, and interpretation of acceptable results.
(C) Application shall contain the following topics:
(i) Overview of federal, state, and local regulations applying to lead sampling.
(ii) How to perform lead samples in post-renovation clearance, HUD-required clearance, and other lead sampling examinations.
(D) Writing and delivering reports shall include the following:
(i) The preparation of reports.
(ii) The procedures for explaining results to clients.
(7) The course of study for the Indiana lead-based paint rules awareness course must be a minimum of two (2) training hours. This course of study shall include the use of all Indiana guidelines, manuals, and appendices on the following course topics:
(A) Introduction and background shall contain the following topics:
(i) A brief overview to the course.
(ii) Introduction of course objectives.
(B) Indiana lead-based paint rules to include the following:
(i) Review and comparison of Indiana lead-based paint rules to federal rule requirements.
(ii) Review other Indiana state rule requirements.
(iii) Student question and answer session on Indiana lead-based paint rules.
(C) Indiana lead-based paint forms to include the following:
(i) Licensing application form.
(ii) Project notification form.
(iii) Inspection and risk assessment reports.
*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.
(Indiana Department of Health; 410 IAC 32-3- 3; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1448; filed Sep 10, 2003, 4:24 p.m.: 27 IR 476; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-3) to the Indiana State Department of Health (410 IAC 32-3-3) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-4 410 IAC 32-3-4 Refresher training course requirements; course work
410 IAC 32-3-4 Refresher training course requirements; course work
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 4. A training course provider may seek approval to offer refresher training courses for licensing in the disciplines of inspector, risk assessor, project designer, supervisor, and worker. To obtain approval from the department to offer refresher training, a training course provider shall meet the following minimum requirements:
(1) Each refresher course shall review the curriculum of the initial courses listed under section 3 of this rule, as appropriate. In addition, to become approved to offer refresher training courses, training course providers shall ensure that the courses of study include, at a minimum, the following:
(A) An overview of current safety practices relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.
(B) Current laws and regulations relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.
(C) Current technologies relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.
(2) The refresher training course for inspector, risk assessor, supervisor, and worker shall last a minimum of eight (8) training hours. The project designer refresher course shall last a minimum of four (4) training hours. The department may approve a combined training refresher course for inspector and risk assessor that shall last a minimum of eight (8) training hours.
(3) For each course offered, the training course provider shall conduct a hands-on assessment, if applicable, and at the completion of the course, a course test.
(4) A training course provider may apply for approval of a refresher course concurrently with its application for approval of the corresponding training course.
(5) A training course provider seeking approval to offer only refresher training courses shall submit a written application to the department containing the following information:
(A) The refresher training course provider name, address, and telephone number.
(B) A list of courses for which it is applying for approval.
(C) A statement signed by the training curriculum manager certifying that the refresher training course meets the minimum requirements established in this section. If a training course provider uses U.S. EPA-recommended model training materials, or training materials approved by Indiana, another state, or Indian tribe that has been approved by the U.S. EPA to develop its refresher training course materials, the training manager shall include a statement certifying that as well.
(D) If a training course provider's training course materials are not based on U.S. EPA-recommended model training materials or training materials approved by an EPA-approved state or Indian tribe, the training course provider's application for approval shall include the following for each course:
(i) A copy of the student and instructor manuals.
(ii) A copy of the training course agenda.
(E) All refresher training curriculums shall include in their application for certification the following:
(i) A description of the facilities and equipment to be used for lecture and hands-on training.
(ii) A copy of the training course test blueprint for each course.
(iii) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course, where applicable.
(iv) A copy of the quality control plan.
(Indiana Department of Health; 410 IAC 32-3-4; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1450; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-4) to the Indiana State Department of Health (410 IAC 32-3-4) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-5 410 IAC 32-3-5 Examination requirements
410 IAC 32-3-5 Examination requirements
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 5. (a) Each initial and refresher training course shall include a closed-book written examination at the conclusion of each course.
(b) Each individual must successfully complete the hands-on skills assessment and receive a passing score on the course test to pass any course.
(c) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course of study contained in section 3 of this rule.
(d) The training manager is responsible for maintaining the validity and integrity of the written examination to ensure that it accurately evaluates the trainees' knowledge and retention of the course of study.
(e) Each examination shall adequately cover the course of study included in the training course for that discipline.
(f) The written examination shall be developed in accordance with the test blue print submitted with the training approval application.
(g) Written examinations shall have a passing score of at least seventy percent (70%) and shall consist of multiple-choice questions for each respective discipline. In addition, the training course provider shall include a hands-on skill assessment if applicable to the requirements for that discipline. The following minimum number of questions shall be required for each respective discipline:
(1) Inspector, one hundred (100) questions.
(2) Risk assessor, fifty (50) questions.
(3) Project designer, fifty (50) questions.
(4) Supervisor, one hundred (100) questions.
(5) Worker, fifty (50) questions.
(6) Clearance examiner, twenty-five (25) questions.
(h) No more than twenty percent (20%) of the same questions may be retained between any two (2) examinations.
(i) The Indiana lead-based paint rules awareness course does not require the administration of an examination for the completion of the course.
(Indiana Department of Health; 410 IAC 32-3-5; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1451; filed Sep 10, 2003, 4:24 p.m.: 27 IR 479; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-5) to the Indiana State Department of Health (410 IAC 32-3- 5) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-6 410 IAC 32-3-6 Training course providers; responsibilities
410 IAC 32-3-6 Training course providers; responsibilities
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 6. (a) The training course provider shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include the following:
(1) The name, a unique identification number, and address of the individual.
(2) The name of the particular course that the individual completed.
(3) Dates of course completion and test passage.
(4) Expiration date.
(5) The name, address, and telephone number of the training course provider.
(b) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training curriculum over time. This plan shall contain at least the following items:
(1) Procedures for periodic revision of training materials and the course test to reflect innovations in the field.
(2) Procedures for the training manager's annual review of principal instructor competency.
(c) The training course provider shall offer courses that teach the work practice standards for conducting lead-based paint activities contained in 410 IAC 32-2 and other standards developed by the U.S. EPA pursuant to Title IV of the Toxic Substance Control Act, 15 U.S.C. 2601, et seq. These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead- based paint activities that they are responsible to conduct.
(d) The training manager shall be responsible for ensuring that the training course complies at all times with this section.
(e) The training manager shall allow the department to audit the training curriculum to verify the contents of the application for approval.
(f) The training manager shall ensure that each initial and refresher training course offered is specific to a single discipline and not combined with training for any other discipline.
(g) The training course providers of refresher training courses shall verify that students have taken and passed a valid initial training course before granting course admission.
(Indiana Department of Health; 410 IAC 32-3-6; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1451; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-6) to the Indiana State Department of Health (410 IAC 32-3-6) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-7 410 IAC 32-3-7 Expiration of course approval; reapproval
410 IAC 32-3-7 Expiration of course approval; reapproval
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 7. (a) Unless reapproved, a training course approval, including refresher training approval, shall expire thirty-six (36) months from the date of issuance. A training course provider seeking reapproval of each training course shall submit one (1) written application per discipline for each initial and each refresher training course on forms available from the department no later than ninety (90) days before its current approval expires. The department cannot guarantee that a determination on the application will be made before the end of the current approval period if a training course provider does not submit a timely, complete application for reapproval.
(b) The training course provider's application for reapproval shall contain the following information:
(1) A completed and signed application form for lead-based paint training courses.
(2) The names and qualifications of the course instructors, including guest instructors and academic credentials and field experience.
(3) A description of any changes to the training facility, equipment, course materials, or curriculum since its last application was approved that adversely affects the students' ability to learn.
(4) A statement signed by the program manager stating that the training course provider complies at all times with:
(A) all applicable requirements in this rule; and
(B) the record keeping and reporting requirements of this section.
(c) Upon request, the training course provider shall allow the department to audit the training curriculum to verify the contents of the application for reapproval.
(d) A training course provider may apply for reapproval to offer initial courses or refresher courses in as many disciplines as it chooses or the Indiana lead-based paint rule awareness course. A training course provider may seek approval for additional courses at any time as long as the training course provider can demonstrate that it meets the requirements of this rule.
(Indiana Department of Health; 410 IAC 32-3-7; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1451; filed Sep 10, 2003, 4:24 p.m.: 27 IR 479; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-7) to the Indiana State Department of Health (410 IAC 32-3-7) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-8 410 IAC 32-3-8 Training manager and instructor qualifications
410 IAC 32-3-8 Training manager and instructor qualifications
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 8. (a) For a training course provider to obtain approval from the department to offer lead-based paint activities courses, the program shall meet the following training manager and instructor requirements:
(1) The training course provider shall employ a training manager who has any one (1) of the following education or work experience:
(A) At least two (2) years of experience, education, or training in teaching workers or adults.
(B) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, or program management or a related field.
(C) Two (2) years of experience in managing a training curriculum specializing in environmental hazards.
The training manager shall also have demonstrated experience, education, or training in the construction industry, including lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.
(2) Training course providers shall submit resumes and qualifications of all potential instructors, including guest instructors, for approval by the department prior to their use as instructors for any course.
(3) A qualified principal instructor shall be hired by the training manager for each course and shall have the following education and work experience:
(A) Possess:
(i) a high school diploma or equivalent; and
(ii) either:
(AA) a bachelor's or graduate degree in architecture, industrial hygiene, engineering, building system design, science, or a related field; or
(BB) a combination of four (4) years of experience in lead-based paint or asbestos inspection, abatement, occupational safety and health, or hygiene.
(B) Successfully completed at least sixteen (16) hours of any U.S. EPA-accredited or U.S. EPA-authorized state or tribal-accredited lead- specific training, including the course in which they plan to instruct. After the effective date of this rule, the training must be taken from an Indiana- approved training course. The training course shall be taken from a training course provider other than the provider for whom the instructor will be working.
(4) The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material. The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
(b) The following documents shall be submitted to the department to demonstrate that training managers and principal instructors have the education, work experience, training requirements or demonstrated experience:
(1) Official academic transcripts or diploma to demonstrate compliance with the education requirements.
(2) Resumes, letters of reference, or documentation of work experience to demonstrate compliance with the work experience requirements.
(3) Certificates from train-the-trainer courses and lead-specific training courses to demonstrate compliance with the training requirements.
This documentation is required to be submitted with the approval application and shall be retained by the training course provider as required by the record keeping requirements contained in section 11 of this rule.
(c) The training course provider shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed. The lecture portion of the training courses may be delivered in an online synchronous or asynchronous format, if approved by the department.
(Indiana Department of Health; 410 IAC 32-3-8; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1453; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-8) to the Indiana State Department of Health (410 IAC 32-3-8) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-9 410 IAC 32-3-9 Approval; suspension; revocation; modification
410 IAC 32-3-9 Approval; suspension; revocation; modification
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 9. (a) The department may suspend, revoke, or modify training course provider approval, including refresher training approval, if a training course provider, training manager, or other person with supervisory authority over the training course program has:
(1) misrepresented the contents of a training course to the department or the student population;
(2) failed to submit required information or notifications in a timely manner;
(3) failed to maintain required records;
(4) falsified approval records, instructor qualifications, or other approval-related information or documentation;
(5) failed to comply with the training standards and requirements in this section;
(6) failed to comply with federal, state, or local lead-based paint statutes or regulations; or
(7) made false, misleading statements to the department in its application for approval or reapproval upon which the department relied in approving the application.
(b) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations.
(Indiana Department of Health; 410 IAC 32-3-9; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1453; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-9) to the Indiana State Department of Health (410 IAC 32-3-9) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-10 410 IAC 32-3-10 Record keeping requirements for training course providers
410 IAC 32-3-10 Record keeping requirements for training course providers
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 10. (a) All approved training course providers shall maintain and make available to the department, upon request, the following records:
(1) All documents specified in section 8 of this rule that demonstrate the qualifications of the training manager and guest and principal instructors.
(2) Current curriculum or course materials and documents reflecting any changes made to these materials.
(3) The course test blueprint.
(4) Information regarding how the hands-on assessment, if applicable, is conducted, including, but not limited to, the following:
(A) Who conducts the assessment.
(B) How the skills are graded.
(C) What facilities are used.
(D) The pass and fail rates.
(E) The quality control plan.
(F) Results of the students' hands-on skills assessments and course tests, and a record of each student's course completion certificate.
(G) Any other material that was submitted to the department as part of the program's application for approval.
(b) The training course provider shall notify the department in writing within thirty (30) days of changing the address specified on its training course provider approval application or when transferring the records from that address.
(c) The training course provider shall retain records described in subsection (a) at the address specified on the training course provider approval application for a minimum of three (3) years and six (6) months.
(Indiana Department of Health; 410 IAC 32-3- 10; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1454; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-10) to the Indiana State Department of Health (410 IAC 32-3-10) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-11 410 IAC 32-3-11 Course notification and record submittal requirements
410 IAC 32-3-11 Course notification and record submittal requirements
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 11. All approved providers of approved initial and refresher training courses or the Indiana lead-based paint two (2) hour rule awareness course shall comply with the following requirements:
(1) Notify the department in writing of all intended training courses to be held. Notification shall contain course dates, daily scheduled beginning and ending times, and exact course locations. Submission information shall be as follows:
(A) Notice of courses to be held in Indiana shall be submitted to the department two (2) weeks prior to the scheduled course start date.
(B) Notice of courses to be held outside Indiana shall be submitted to the department four (4) weeks prior to the scheduled course start date.
(C) Notice of course cancellation shall be submitted to the department two (2) working days prior to the scheduled course start date.
(2) All approved providers of accredited initial and refresher training courses or the Indiana lead-based paint two (2) hour rule awareness course shall provide the department, not later than two (2) weeks after the completion of each course, the following:
(A) A list of all course attendee names.
(B) The type of course attended.
(C) The date or dates of the course and the examination.
(D) Examination scores for each attendee.
(E) The certificate number issued to each attendee.
(Indiana Department of Health; 410 IAC 32-3-11; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1454; filed Sep 10, 2003, 4:24 p.m.: 27 IR 480; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-11) to the Indiana State Department of Health (410 IAC 32-3- 11) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-12 410 IAC 32-3-12 Application fee
410 IAC 32-3-12 Application fee
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8; IC 36-1-2-10; IC 36-1-2-23
Sec. 12. (a) Upon application for an initial or refresher lead-based paint activities course approval or an initial or refresher training course reapproval, a training course provider shall pay a nonrefundable application fee of one thousand dollars ($1,000) for each of the following disciplines:
(1) Inspector.
(2) Risk assessor.
(3) Project designer.
(4) Supervisor.
(5) Worker.
(6) Clearance examiner.
(b) Upon application for approval or reapproval of an Indiana lead-based paint two (2) hour rules awareness course, a training course provider shall pay a nonrefundable application fee of five hundred dollars ($500).
(c) Fees paid by mail shall be paid by check or money order and shall be made payable to the lead trust fund.
(d) The application fee is not:
(1) transferable from one (1) type of discipline to another;
(2) transferable from one (1) training course provider to another; or
(3) transferable to any other type of license or approval issued by the department;
unless requested by the applicant within three (3) days of submittal to the department or prior to the processing of the application by the department, whichever is earlier.
(e) The following are exempt from the payment of fees established under this section:
(1) A state.
(2) A municipal corporation, as defined in IC 36-1-2-10.
(3) A unit, as defined in IC 36-1-2-23.
(4) An organization exempt from income taxation under 26 U.S.C. 501(a)*.
Any request for an exemption must include proof as to the qualification of the exemption with the license application.
*This document is 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.
(Indiana Department of Health; 410 IAC 32-3-12; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1454; filed Sep 10, 2003, 4:24 p.m.: 27 IR 481; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-12) to the Indiana State Department of Health (410 IAC 32-3-12) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-13 410 IAC 32-3-13 Representation of training course approval
410 IAC 32-3-13 Representation of training course approval
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 13. No person shall make representation as conducting an approved initial training course or approved refresher training course or the Indiana lead-based paint two (2) hour rules awareness course for the purpose of licensing persons under 410 IAC 32-2 without prior written approval from the department under this rule.
(Indiana Department of Health; 410 IAC 32-3-13; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1455; filed Sep 10, 2003, 4:24 p.m.: 27 IR 481; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-13) to the Indiana State Department of Health (410 IAC 32-3- 13) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-3-14 410 IAC 32-3-14 Compliance; enforcement
410 IAC 32-3-14 Compliance; enforcement
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8-14; IC 16-41-39.8-15
Sec. 14. Failure to comply with IC 16-41-39.8 or this rule may result in civil or criminal enforcement under IC 16-41-39.8- 14 and IC 16-41-39.8-15.
(Indiana Department of Health; 410 IAC 32-3-14; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1455; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-3-14) to the Indiana State Department of Health (410 IAC 32-3-14) by P.L.57-2009, SECTION 17, effective July 1, 2009.
Rule 4
410 IAC 32-4-1 410 IAC 32-4-1 Applicability
Rule 4. Work Practices for Abatement Activities
410 IAC 32-4-1 Applicability
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 1. (a) This rule contains procedures and requirements for work practice standards for conducting lead-based paint activities. Any licensed person or company performing the following activities shall comply with the appropriate work practices as outlined in this rule:
(1) Inspection.
(2) Lead-hazard screening.
(3) Risk assessment.
(4) Abatement.
(5) Project designer.
(b) A political subdivision or a state agency may not accept a bid for a lead-based activities project from a person that does not hold a lead- based paint activities license.
(Indiana Department of Health; 410 IAC 32-4-1; 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 481; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-1) to the Indiana State Department of Health (410 IAC 32-4-1) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-2 410 IAC 32-4-2 Inspections
410 IAC 32-4-2 Inspections
Authority: 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 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-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: 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.
410 IAC 32-4-3 410 IAC 32-4-3 Lead hazard screen
410 IAC 32-4-3 Lead hazard screen
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3. A lead hazard screen shall be conducted only by a person licensed by the department as a risk assessor. A lead hazard screen shall be conducted as follows:
(1) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one (1) or more children, six (6) years of age or younger, shall be collected.
(2) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to:
(A) determine if any deteriorated paint is present; and
(B) locate at least two (2) dust sampling locations.
(3) If deteriorated paint is present, the following surfaces which are determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead:
(A) Each friction surface or impact surface with visibly deteriorated paint.
(B) All other surfaces with visibly deteriorated paint.
(4) In residential dwellings, two (2) composite dust samples shall be collected and analyzed, one (1) from the floors and one (1) from an interior window sill in all living areas, including, but not limited to, rooms, hallways, or stairwells where any child, six (6) years of age or younger, is likely to come in contact with dust.
(5) In multifamily dwellings and child-occupied facilities, the samples required in subdivision (3) shall be taken in:
(A) each room, hallway, or stairwell used by any child six (6) years of age and under; and
(B) other common area groups in the child-occupied facility where any child six (6) years of age and under is likely to come into contact with dust.
In addition, the risk assessor shall also collect and analyze at least two (2) composite or single-surface dust samples from interior window sills and floors where any child, six (6) years of age or younger, is likely to come into contact with dust.
(6) Dust samples shall be collected and analyzed in the following manner:
(A) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures.
(B) All collected dust samples shall be analyzed to determine if they contain detectable levels of lead that can be quantified numerically.
(7) Paint shall be sampled in either, or both, of the following manners:
(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 to determine if they contain detectable levels of lead that can be quantified numerically.
(8) The risk assessor shall prepare a lead hazard screen report, which shall include the following information:
(A) The date of the assessment.
(B) The address of the building.
(C) The date of construction.
(D) The apartment number, if applicable.
(E) The name, address, and telephone number of each owner or owners of each residential dwelling or child-occupied facility.
(F) The name, signature, and license number of each licensed risk assessor conducting the assessment.
(G) The name, address, and telephone number of the firm employing each licensed risk assessor.
(H) The name, address, and telephone number of each recognized laboratory conducting the analysis of the collected samples.
(I) 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.
(J) Specific locations of each painted component tested for the presence of lead-based paint.
(K) The results of the assessment, including, but not limited to, visual inspections in terms appropriate to the sampling method used.
(L) All results of laboratory analysis on collected paint, soil, and dust samples.
(M) Any background information collected.
(N) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint or other assessments of lead-based paint-related hazards.
(O) A description of the location, type, and severity of lead-based paint hazards and other potential lead hazards.
(P) A description of interim controls and abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.
(9) The risk assessor shall submit documentation of the lead hazard screen in the format prescribed by the department within five (5) business days after completing the report.
(10) The risk assessor shall submit to the department, on a quarterly basis, the number of lead hazard screen reports prepared during that quarter by the fifteenth day of the following month.
(Indiana Department of Health; 410 IAC 32-4-3; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1456; 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-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-3) to the Indiana State Department of Health (410 IAC 32-4-3) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-4 410 IAC 32-4-4 Risk assessment
410 IAC 32-4-4 Risk assessment
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 4. A risk assessment shall be conducted only by a person licensed by the department as a risk assessor. A risk assessment shall be conducted as follows:
(1) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one (1) or more children, six (6) years of age or younger, shall be collected.
(2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead-based paint hazards.
(3) Each of the following surfaces determined using documented methodologies to have a distinct painting history shall be tested for the presence of lead:
(A) Deteriorated paint in poor condition.
(B) Paint with a potential health hazard.
(4) In residential dwellings, dust samples (either composite or single-surface samples) from a window and floor shall be collected in all living areas where one (1) or more children, six (6) years of age or younger, are likely to come into contact with dust.
(5) For multifamily dwellings and child-occupied facilities, additional window and floor dust samples (either composite or single- surface samples) shall be collected in the following locations:
(A) Common area groups adjacent to the sampled residential dwelling or child-occupied facility.
(B) Other common area groups in the building where the risk assessor determines that one (1) or more children, six (6) years of age or younger, are likely to come into contact with dust.
(6) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in:
(A) each room, hallway, or stairwell used by one (1) or more children, six (6) years of age or younger; and
(B) in other common area groups in the child-occupied facility where the risk assessor determines one (1) or more children, six (6) years of age and younger, are likely to come into contact with dust.
(7) Soil samples shall be collected and analyzed for lead concentrations in the following locations:
(A) Exterior play areas where bare soil is present.
(B) Dripline or foundation areas where bare soil is present.
(C) Any yard area where bare soil is present, including the nonplay areas.
(8) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.
(9) Any collected paint chip, dust, or soil samples shall be analyzed to determine if they contain detectable levels of lead that can be quantified numerically.
(10) The licensed risk assessor shall prepare a risk assessment report that shall include the following information:
(A) The date of the assessment including visual inspections.
(B) The address of each building.
(C) The date of construction.
(D) The apartment number, if applicable.
(E) The name, address, and telephone number of each owner or owners of each residential dwelling or child-occupied facility.
(F) The name, signature, and license number of the licensed risk assessor conducting the assessment.
(G) The name, address, and telephone number of the firm employing each licensed risk assessor.
(H) The name, address, and telephone number of each recognized laboratory conducting analysis of the collected samples.
(I) Each testing method, device, or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence device.
(J) Specific locations of each painted component tested for the presence of lead-based paint.
(K) All results of laboratory analysis on collected paint, soil, and dust samples.
(L) Any background information collected.
(M) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint or other assessments of lead-based paint-related hazards.
(N) A description of the location, type, and severity of lead-based paint hazards and other potential lead hazards.
(O) A description of interim controls and abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.
(P) Results of visual inspections.
(11) The licensed risk assessor shall submit documentation of the inspection in the format prescribed by the department within five (5) business days after completing the risk assessment report.
(12) 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.
(Indiana Department of Health; 410 IAC 32-4-4; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1456; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 483; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-4) to the Indiana State Department of Health (410 IAC 32-4-4) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-5 410 IAC 32-4-5 Abatement procedures for abatement activities
410 IAC 32-4-5 Abatement procedures for abatement activities
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 5. An abatement shall be conducted only by a person licensed by the department to remove lead-based paint. An abatement shall be conducted as follows:
(1) A licensed supervisor is required for each abatement project and shall be on-site and responsible for direct supervision of workers during all:
(A) work site preparation;
(B) abatement activities; and
(C) post-abatement cleanup of work areas.
Lead-based paint workers shall have access to the supervisor throughout the duration of the project.
(2) The licensed supervisor and the licensed contractor employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this section and all other federal, state, and local requirements.
(3) Notification of the commencement of lead-based paint abatement activities in target housing or a child-occupied facility or as a result of a federal, state, or local order shall be given to the department prior to the commencement of abatement activities as provided in section 6 of this rule.
(4) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures:
(A) The occupant protection plan shall:
(i) be unique to each residential dwelling or child-occupied facility;
(ii) be developed prior to the abatement; and
(iii) describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards.
(B) A licensed supervisor or project designer shall prepare the occupant protection plan.
(5) The work practices shall be restricted during an abatement as follows:
(A) Open-flame burning or torching of lead-based paint is prohibited.
(B) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with HEPA exhaust control that removes particles of three-tenths (0.3) micron or larger from the air at ninety-nine and ninety-seven hundredths percent (99.97%) or greater efficiency.
(C) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling not more than two (2) square feet in any one (1) room, hallway, or stairwell or totaling not more than twenty (20) square feet on exterior surfaces.
(D) Operating a heat gun on lead-based paint is permitted only at temperatures below one thousand one hundred (1,100) degrees Fahrenheit.
(6) If conducted, soil abatement shall be conducted as follows:
(A) If soil is removed, the lead-contaminated soil shall be replaced with soil with a lead concentration as low as practicable, but not greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021. The soil that is removed shall not be used as top soil at another residential property or child-occupied facility.
(B) If soil is not removed, the lead-contaminated soil shall be permanently covered.
(7) When sealing the work area off from the nonwork area, six (6) mil sheeting shall be used, and all tears, breaks, cracks, and openings in the containment system shall be repaired as they occur.
(8) All persons entering a work area during a lead-abatement project that involves breaking or disturbing lead-painted surfaces shall wear disposable shoe covers that shall be removed upon leaving the work area and placed with lead-abated waste. Any persons entering a work area during lead paint removal activity using a heat gun, scraping, HEPA sanding, or chemical stripping, or during replacement and during the cleanup process shall also wear appropriate respirator protection in accordance with all OSHA requirements found at 29 CFR 1926.62**. In every abatement activity that results in the disturbance of lead-based paint, polyethylene plastic sheeting shall always be placed directly below the work area.
(9) A supervisor shall post warning signs at all entrances and exits to work area. The warning signs posted shall read "Warning Lead Work Area Poison No Smoking or Eating".
(10) Access of nonworkers to abatement work areas shall be limited. The abatement work crew supervisor is responsible for enforcing this limited access. Only the persons informed by the supervisor of potential lead hazards and who have a direct relationship to the project may enter the work area.
(11) Any surfaces that have been stripped with caustic chemicals or that have come into contact with caustic or solvent-based liquid waste shall be cleaned by wet washing until there is no visible residue.
(12) Work areas shall be restricted by barrier tape.
(13) A thorough cleanup of the entire area under active abatement shall occur daily during the entire interior and exterior abatement process. This daily cleanup shall consist of the following:
(A) Lead-abated waste shall be stored in an area inside the property line designated and posted as a lead waste storage area and covered with six (6) mil polyethylene sheeting.
(B) Lead-abated waste shall be stored in locked containers, rooms, trucks, or trailers.
(C) Small debris shall be swept up using a HEPA vacuum and bagged in a six (6) mil polyethylene or double four (4) mil bags and stored in a designated secure area.
(D) Consumable and disposable supplies, including mop heads, plastic sheeting, sponges, and rags, shall be treated as lead-abated waste.
*This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
**This document is 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 from the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204.
(Indiana Department of Health; 410 IAC 32-4- 5; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1457; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 484; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR- 410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-5) to the Indiana State Department of Health (410 IAC 32-4- 5) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-6 410 IAC 32-4-6 Lead abatement notification procedures
410 IAC 32-4-6 Lead abatement notification procedures
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 6. (a) Each owner or operator of a lead abatement activity site to whom this rule applies shall do the following:
(1) Provide the department with written notice of intention to conduct an activity on a form or electronic submission format to be provided by the department and update the notice as necessary, including, but not limited to, the following:
(A) The project start date.
(B) The activity contractor.
(C) An indication of whether the notice is the original, a revised copy, or a canceled copy.
(D) The name, address, and telephone number of both the facility owner and operator and the lead abatement contractor owner or operator.
(2) Postmark, hand deliver, or electronically submit the notice as follows:
(A) At least two (2) working days before a lead-based paint activity, including:
(i) abatement;
(ii) repair;
(iii) removal; or
(iv) soil removal or encapsulation;
that results in the disturbance of lead-based paint.
(B) If the activity is an emergency abatement operation, notice shall be given as early as possible but not later than the following working day after the activity is started.
(C) Delivery of the notice by the United States postal service, facsimile, commercial delivery service, electronic submission, or hand delivery is acceptable. If the notice is being updated, a copy of the previous notification being updated shall be attached to the new, revised notification.
(D) Include any of the following types of operations in the notification:
(i) Wet or dry stripping.
(ii) Encapsulation.
(iii) Enclosure.
(iv) Emergency abatement.
(v) Soil removal.
(vi) Interior abatement.
(vii) Exterior abatement.
(E) A description of the facility or affected part of the facility, including the following:
(i) Size in square feet.
(ii) Number of floors.
(iii) Age.
(iv) Present and prior use of the facility.
(F) Procedure, including analytical methods, employed to detect the presence and amount of lead-based paint.
(G) An estimate the approximate amount of lead-based paint to be removed in the facility in terms of linear feet or square feet on facility components.
(H) Location and street address, including:
(i) building number, building name, and floor or room number location, if available;
(ii) city;
(iii) county; and
(iv) state;
where the activity is to take place.
(I) Scheduled starting abatement removal date and completion dates as indicated by the posting and removal of lead-based paint hazard demarcations in the work area.
(J) A description of planned activity work to be performed and methods to be employed, including techniques to be used and a description of the affected facility components.
(K) A description of work practices and engineering controls to be used to comply with this rule, including lead removal.
(L) A description of procedures to be followed in the event that unexpected lead-based paint becomes a lead-based paint hazard and warrants immediate action.
(M) A signed certification from the owner or operator of the facility that the information provided in this notification is correct and that only Indiana licensed workers and project supervisors will be used to implement lead abatement activity.
(N) For lead-based paint activities, the name, address, telephone number, and license number issued to the following, if applicable:
(i) The person who inspected the facility for lead-based paint.
(ii) The person who will conduct risk assessment lead abatement activities.
(iii) The contractor who will conduct lead abatement activities.
(O) For emergency lead abatement activities, the date and hour that the emergency occurred, including a description and an explanation of how the event causes a lead-based paint hazard and warrants immediate action.
(P) The name, address, and telephone number of the waste transporter.
(3) When the lead abatement activity will begin:
(A) on a date after the date specified in the original or the most recent revised notification, provide written notice of the new stripping or removal start date to the department postmarked at least two (2) working days or delivered at least one (1) working day before the start date of the lead abatement activity specified in the notification that is being updated; or
(B) on a date earlier than the date specified in the original or the most recent revised notification, provide written notice of the new activity start date to the department postmarked or delivered at least two (2) working days before the start date of the lead abatement activity begins.
(b) In no event shall lead abatement activities begin on a date other than the date contained in the most recent written notification.
(Indiana Department of Health; 410 IAC 32-4-6; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1458; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 485; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR- 410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-6) to the Indiana State Department of Health (410 IAC 32-4- 6) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-7 410 IAC 32-4-7 Lead abatement procedures; interior
410 IAC 32-4-7 Lead abatement procedures; interior
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 7. Interior abatement shall include the following procedures:
(1) Post warning signs at entrances and exits to work area and the sign shall read "Warning Lead Work Area Poison No Smoking or Eating".
(2) The department strongly recommends that wall-to-wall carpeting be removed. However, if left in place, it shall be covered with at least two (2) sheets of six (6) mil polyethylene sheeting, secured to the wall or baseboard with masking tape to ensure no contamination by lead dust or other lead-contaminated materials.
(3) Objects remaining in the work area shall be wrapped or covered with six (6) mil polyethylene sheeting and sealed with tape.
(4) After all moveable objects have been removed from the work area, the area shall be sealed from nonwork areas.
(5) After sealing off the work area, floors shall be covered with at least two (2) layers of six (6) mil polyethylene sheeting.
(6) All air intake and exhaust points for forced-air heating and air conditioning systems shall be closed when possible and sealed in the work area using six (6) mil polyethylene sheeting and sealed with tape.
(7) If a common area group is an abatement work area, and there are no alternative entrances and egresses that are located outside of the work area, a protected passage through the common area group shall be erected.
(8) If a safe passage cannot be created and alternative entrances and exits do not exist, then abatement in common area groups shall be conducted between established and posted hours and the work area shall be cleaned with a HEPA vacuum at the end of each working day until all surfaces are free of all visible dust and debris.
(Indiana Department of Health; 410 IAC 32-4-7; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1460; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 486; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-7) to the Indiana State Department of Health (410 IAC 32-4-7) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-8 410 IAC 32-4-8 Lead abatement procedures; exterior
410 IAC 32-4-8 Lead abatement procedures; exterior
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 8. Exterior abatement shall include the following procedures:
(1) Uncontained water blasting and uncontained abrasive blasting methods of abatement shall not be used.
(2) Before beginning to abate lead paint using wet methods on exterior work areas, the following site preparation procedures shall be used:
(A) Place polyethylene plastic sheeting six (6) mils thick as close to the building foundation as possible, extending beyond the dripline.
(B) Extend the edge of the sheets a sufficient distance to contain the runoff and raise the outside edge of the sheets such as with boards, to trap liquid waste.
(C) Have available appropriate containers to hold liquid waste for later transfer and disposal.
(D) Where seams occur, they shall be sealed with tape and edges shall be raised and a new section of plastic sheeting and framing shall be added as needed.
(E) Liquid waste can be pumped, vacuumed, or bailed for transfer to disposal facility.
(3) Before beginning to abate lead paint using dry methods on exterior work areas, the following site preparation procedures shall be used:
(A) Place polyethylene plastic sheeting six (6) mils thick as close to the building foundation as possible.
(B) Extend the sheeting out from the foundation a minimum of ten (10) feet.
(C) Weight the sheeting at the foundation and along edges and seams.
(D) Erect vertical shrouds if constant wind speed exceeds fifteen (15) miles per hour or there is visible movement of debris beyond the ground sheeting.
(Indiana Department of Health; 410 IAC 32-4-8; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1460; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-8) to the Indiana State Department of Health (410 IAC 32-4-8) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-9 410 IAC 32-4-9 Post-abatement clearance procedures
410 IAC 32-4-9 Post-abatement clearance procedures
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 9. The following post-abatement final visual clearance procedures shall be performed only by a licensed inspector or risk assessor:
(1) Following an abatement and prior to removal of warning signs or other demarcation, a visual inspection shall be completed by an Indiana licensed inspector or risk assessor to determine if deteriorated, painted surfaces or visible amounts of dust, debris, or residue are still present.
(2) If deteriorated painted surfaces or visible amounts of dust debris or residue are present, they must be wet wiped or HEPA vacuumed until such conditions are eliminated prior to the continuation of the clearance procedures.
(3) Following the visual inspection and any post-abatement cleanup required in this rule, clearance sampling for lead-contaminated dust shall be conducted by employing single-surface sampling or composite sampling techniques.
(4) Dust samples on surfaces for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures.
(5) Dust samples for clearance purposes shall be taken within a minimum of one (1) hour after completion of final post-abatement clean-up activities.
(6) The following post-abatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the target housing or child-occupied facility:
(A) After conducting an abatement with containment between abated and unabated areas:
(i) one (1) dust sample shall be taken from one (1) interior window sill and from one (1) window trough, if present;
(ii) one (1) dust sample shall be taken from the floors of each of no less than four (4) rooms, hallways, or stairwells within the containment area; and
(iii) one (1) dust sample shall be taken from the floor outside the containment area.
If there are fewer than four (4) rooms, hallways, or stairwells within the containment area, then all rooms, hallways, or stairwells shall be sampled.
(B) After conducting an abatement with no containment:
(i) two (2) dust samples shall be taken from each of no fewer than four (4) rooms, hallways, or stairwells in the target housing or child- occupied facility;
(ii) one (1) dust sample shall be taken from one (1) interior window sill and one (1) window trough, if present; and
(iii) one (1) dust sample shall be taken from the floor of each room, hallway, or stairwell selected.
If there are fewer than four (4) rooms, hallways, or stairwells within the residential dwelling or child-occupied facility, then all rooms, hallways, or stairwells shall be sampled.
(C) Following an exterior paint abatement, a visible inspection shall be conducted as follows:
(i) All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be clean of visible dust and debris.
(ii) A visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated.
(iii) If paint chips are present, the chips shall be removed from the site and properly disposed of according to all applicable federal, state, and local requirements.
(D) The rooms, hallways, or stairwells selected for sampling shall be selected according to documented methodologies.
(E) The licensed inspector or risk assessor shall compare the residual lead level, as determined by the laboratory analysis, from each single surface dust sample with applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level:
(i) in a single surface dust sample equals or exceeds the applicable clearance levels; or
(ii) in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample;
then the sample is a failed sample. All the components represented by the failed sample shall be recleaned and retested until clearance levels are met.
(F) The clearance levels for lead in dust are a mass-per-area concentration of lead equal to or exceeding the hazard threshold of a specific building component as set forth by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.
*This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
(Indiana Department of Health; 410 IAC 32-4-9; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1460; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 487; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-9) to the Indiana State Department of Health (410 IAC 32-4- 9) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-10 410 IAC 32-4-10 Lead-based paint sampling procedures
410 IAC 32-4-10 Lead-based paint sampling procedures
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 10. Clearance sampling under section 9 of this rule shall be conducted as follows:
(1) The licensed individuals who abate or clean the dwellings do not know which dwelling will be selected for the random sample.
(2) A sufficient number of dwellings are selected for dust sampling to provide a ninety-five percent (95%) level of confidence that not more than five percent (5%) or fifty (50) of the dwellings, whichever is smaller, in the randomly sampled population exceed the appropriate clearance levels.
(3) The randomly selected dwellings shall be sampled and evaluated for clearance according to the procedures found in this section.
(4) A post-abatement report shall be prepared by a licensed supervisor or project designer. The post-abatement report shall include the following information:
(A) Start and completion dates of abatement.
(B) The name and address of each licensed contractor conducting the abatement and the name of each supervisor assigned to the abatement project.
(C) The occupant protection plan.
(D) A copy of the risk assessment that was conducted for the remediation project, if applicable.
(E) The name, address, and signature of each licensed risk assessor or inspector conducting clearance sampling and the date of clearance testing.
(F) The results of clearance testing and all soil analyses, if applicable, and the name of each recognized laboratory that conducted the analyses.
(G) A detailed written description of the abatement, including abatement methods used, locations of rooms and components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures.
(Indiana Department of Health; 410 IAC 32-4-10; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1461; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-10) to the Indiana State Department of Health (410 IAC 32-4-10) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-11 410 IAC 32-4-11 Lead-based paint disposal procedures
410 IAC 32-4-11 Lead-based paint disposal procedures
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 11. The following procedures shall be followed when disposing of lead-based paint waste:
(1) All lead-based paint waste left at a facility or stored elsewhere prior to disposal shall be securely stored in a manner that restricts access by unauthorized persons to the material.
(2) The material shall be stored in locked containers, rooms, trucks, or trailers.
(3) Lead hazard warning signs or labels shall be prominently displayed on the door of the locked containers, rooms, trucks, or other security measures shall be employed, including the use of barriers, barrier tape, or other measures approved by the department.
(4) Lead warning labels shall be posted in all areas where lead is stored.
(5) All waste shall be transported in accordance with United States department of transportation requirements and disposed of in accordance with 329 IAC 3.1 and 329 IAC 10.
(Indiana Department of Health; 410 IAC 32-4-11; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1461; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 488; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-11) to the Indiana State Department of Health (410 IAC 32-4-11) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-12 410 IAC 32-4-12 Analysis of samples
410 IAC 32-4-12 Analysis of samples
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 12. (a) Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be:
(1) collected by persons licensed by the department as an inspector or risk assessor; and
(2) analyzed by a laboratory recognized by the U.S. EPA pursuant to the TSCA, Section 405(b) U.S.C. 2685(b)* as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples.
(b) The following conditions shall apply when composite dust sampling is conducted:
(1) Composite dust samples shall consist of at least two (2) subsamples.
(2) Every component that is being tested shall be included in the sampling.
(3) Composite dust samples shall not consist of subsamples from more than one (1) type of component.
*This document is 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 Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
(Indiana Department of Health; 410 IAC 32-4-12; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1462; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 488; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-12) to the Indiana State Department of Health (410 IAC 32-4-12) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-13 410 IAC 32-4-13 Record keeping
410 IAC 32-4-13 Record keeping
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 13. (a) All reports or plans required in this rule shall be completed not later than thirty (30) calendar days from the completion of the abatement project.
(b) All reports and plans shall be maintained for no fewer than three (3) years by the licensed person or contractor who prepared the report.
(c) The licensed person or contractor shall provide copies of these reports to the building owner who contracted for services not later than thirty (30) calendar days from the completion of the abatement project.
(d) The licensed person or contractor shall make reports available to the department within five (5) days.
(e) A lead-based paint activities contractor licensed under this rule shall compile records concerning each lead-based paint activities project performed by the lead-based paint activities contractor. The records shall include the following information on each lead-based paint activities project:
(1) The name, address, and proof of license of:
(A) the person who conducted or supervised the lead-based paint activities project; and
(B) each employee or agent of the contractor that worked on the project.
(2) The name, address, and signature of each licensed 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 copy of the risk assessment conducted for the remediation project.
(5) A description of the lead-based paint activities project.
(6) 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.
(7) A summary of procedures that were used in the project to comply with applicable federal, state, and local standards for lead-based paint activities projects.
(8) A detailed written description of the lead-based paint activities, including the following:
(A) Methods used.
(B) Locations of rooms or components where lead-based paint activities occurred.
(C) Reasons for selecting particular lead-based paint activities methods for each component.
(D) Any suggested monitoring of encapsulants or enclosures.
(9) The occupant protection plan.
(10) The results of clearance testing and all soil analysis and the name of each federally-approved laboratory that conducted the analysis.
(f) A copy of each receipt issued by a disposal site must be included in the records.
(Indiana Department of Health; 410 IAC 32-4-13; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1462; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 488; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-13) to the Indiana State Department of Health (410 IAC 32-4-13) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-14 410 IAC 32-4-14 Compliance; enforcement
410 IAC 32-4-14 Compliance; enforcement
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8-14; IC 16-41-39.8-15
Sec. 14. Failure to comply with IC 16-41-39.8 or this rule may result in civil or criminal enforcement under IC 16-41-39.8- 14 and IC 16-41-39.8-15.
(Indiana Department of Health; 410 IAC 32-4-14; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1463; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-14) to the Indiana State Department of Health (410 IAC 32-4- 14) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-4-15 410 IAC 32-4-15 Filing of notification; fee
410 IAC 32-4-15 Filing of notification; fee
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 15. (a) An owner or operator of a facility where a lead-based paint activity will occur shall pay a fee of fifty dollars ($50) for each project for which a notification is required.
(b) An owner or operator who submits quarterly notifications shall be notified in writing by the department of the amount of fees due. The amount owed will be determined by the number of notifications submitted to the department in the previous quarter. Fees shall be paid:
(1) by person or by mail;
(2) by check or money order payable to the Indiana department of health; and
(3) addressed to Cashier, Indiana Department of Health, P.O. Box 7236, Indianapolis, Indiana 46207.
(Indiana Department of Health; 410 IAC 32-4-15; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1463; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR-410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-15) to the Indiana State Department of Health (410 IAC 32-4-15) by P.L.57-2009, SECTION 17, effective July 1, 2009.
Rule 5
410 IAC 32-5-1 410 IAC 32-5-1 Applicability
Rule 5. Work Practice Standards for Nonabatement Activities
410 IAC 32-5-1 Applicability
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 1. (a) This rule 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) For purposes of this rule, 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 article.
(c) This rule 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 six (6) years of age or younger;
(B) resides in the building; and
(C) has been identified as having an elevated blood lead level as defined at 410 IAC 29-1-13.
(Indiana Department of Health; 410 IAC 32-5-1; 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-5-1) to the Indiana State Department of Health (410 IAC 32-5-1) by P.L.57-2009, SECTION 17, effective July 1, 2009.
410 IAC 32-5-2 410 IAC 32-5-2 Remodeling, renovation, and maintenance activities
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.
(Indiana 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 Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 12:09 p.m.: 20210811-IR- 410210327ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: 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.
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