Authority: IC 4-22-2; IC 16-19-3.1-1; IC 16-19-3.1-4; IC 35-48-4

Affected: IC 16-19-3.1

Sec. 2. (a) A qualified inspector must meet all of the criteria in this section.

(b) A qualified inspector shall have accumulated at least forty (40) hours of experience doing any of the following:

1. (1) Decontaminating contaminated properties.
2. (2) Emergency response operations, cleanup or remediation operations, corrective actions, or operations involving hazardous wastes that are regulated under the regulations of the federal Occupational Safety and Health Administration at 29 CFR 1910.120.

(c) A qualified inspector shall have received the training for supervisors required by the regulations of the federal Occupational Safety and Health Administration at 29 CFR 1910.120(e).

(d) A qualified inspector shall have done all of the following:

1. (1) Received training on decontamination and inspection of contaminated property provided by the department.
2. (2) Passed an examination on the subject matter of the training provided by the department with a score of at least eighty percent (80%).

(e) To remain on the qualified inspector list, each qualified inspector shall receive all of the following refresher training:

1. (1) Eight (8) hour annual refresher training that meets the requirements of the regulations of the federal Occupational Safety and Health Administration at 29 CFR 1910.120(e)(8).
2. (2) Biennial refresher training provided by the department.

(f) Each qualified inspector shall maintain the following insurance:

1. (1) Professional liability insurance in the amount of at least one million dollars ($1,000,000).
2. (2) Errors and omissions insurance in the amount of at least one million dollars ($1,000,000) per occurrence.
3. (3) Pollution prevention insurance in the amount of at least three million dollars ($3,000,000).

(Indiana Department of Health; 410 IAC 38-4-2; filed Feb 21, 2007, 1:56 p.m.: 20070321-IR-318060125FRA; readopted filed Aug 5, 2013, 2:08 p.m.: 20130904-IR-318130240RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA) NOTE: Transferred from the Department of Environmental Management (318 IAC 1-4-2) to the Indiana State Department of Health (410 IAC 38-4-2) by P.L.111-2018, SECTION 17, effective July 1, 2018.