Authority: IC 16-41-39.8-6

Affected: IC 16-41-39.8

Sec. 1. (a) This rule applies to:

1. (1) remodeling, renovation, and maintenance activities at target housing and child-occupied facilities built before 1960; and
2. (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. (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. (2) by a child who:

   1. (A) is six (6) years of age or younger;
   2. (B) resides in the building; and
   3. (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.