(a) This section 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) This section 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 less than seven (7) years of age or an age specified in rules adopted under section 6 of this chapter; and
- (B) resides in the building and has been identified as having an elevated blood lead level.
(c) A person not exempted under subsection (b) from the application of this section who performs an activity under subsection (a) 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 (e), (f), and (g).
- (d) For purposes of this section, 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 chapter.
(e) 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.
- (f) 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.
- (g) A person conducting activities under subsection (a) 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.
As added by P.L.57-2009, SEC.17.