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.

Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.