Indiana Administrative Code
Title 410 - INDIANA DEPARTMENT OF HEALTH
Article 32 - LEAD-BASED PAINT PROGRAM
Rule 1 - Definitions
Section 1-2 - "Abatement" defined
Universal Citation: 410 IN Admin Code 1-2
Current through March 20, 2024
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.
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.
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