reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-58 - "Permanently covered soil" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 58.
"Permanently covered soil" means soil that has been
				  separated from human contact by the placement of a barrier consisting of solid,
				  relatively impermeable materials, such as pavement or concrete. The term does
				  not include grass, mulch, and other landscaping materials.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-53) to the Indiana
					 State Department of Health (410 IAC 32-1-58) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-59 - "Person" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-18-2-274; IC 16-41-39.8
Sec. 59.
"Person" has the meaning set forth in IC
				  16-18-2-274(a).
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-54) to the Indiana
					 State Department of Health (410 IAC 32-1-59) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-60 - "Play area" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 60.
"Play area" means an area of frequent soil contact by
				  children six (6) years of age or younger as indicated by, but not limited to,
				  such factors as the following:
(1) The
				presence of play equipment, including the following:
(A) Sand boxes, swing sets, and sliding
				board.
(B) Toys.
(C) Other children's possessions.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-60.5 - "Post-abatement report" defined

Current through July 10, 2024
Authority: IC
				  16-41-39.8-6
Affected: IC
				  16-41-39.8
Sec. 60.5.
"Post-abatement report" means the report that a licensed
				  lead supervisor or a lead-based paint activities contractor submits to the
				  department following the completion of an abatement project. The post-abatement
				  report must contain the following information:
(1) Start and completion dates of
				abatement.
(2) The name and address
				of each licensed lead supervisor or lead-based paint activities contractor
				conducting the abatement and the name of each supervisor assigned to the
				abatement project.
(3) The occupant
				protection plan.
(4) A copy of the
				risk assessment that was conducted for the remediation project, if
				applicable.
(5) The name, address,
				and signature of each licensed risk assessor, inspector, clearance examiner, or
				sampling technician conducting clearance sampling and the date of clearance
				testing.
(6) The results of
				clearance testing and all soil analyses, if applicable, and the name of each
				recognized laboratory that conducted the analyses.
(7) A detailed written description of the
				abatement, including the following:
(A)
				Abatement methods used.
(B)
				Locations of rooms and components where abatement occurred.
(C) The reason for selecting particular
				abatement methods for each component.
(D) Any suggested monitoring of encapsulants
				or enclosures.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-61 - "Principal instructor" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 61.
"Principal instructor" means the individual who has the
				  primary responsibility for organizing and teaching a particular training
				  course.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-55) to the Indiana
					 State Department of Health (410 IAC 32-1-61) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-62 - "Project designer" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 62.
"Project designer" means a person who has been trained by an
				  approved training course provider and licensed by the department to prepare
				  abatement project designs, occupant protection plans, and abatement
				  reports.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-55.5) to the Indiana
					 State Department of Health (410 IAC 32-1-62) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-63 - "Quality control plan" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 63.
"Quality control plan" means a plan to be used by an
				  Indiana-approved training course provider to maintain and improve the quality
				  of the training curriculum over time. This plan shall contain at least the
				  following:
(1) Procedures for periodic
				revision of training materials and the course test to reflect innovations in
				the field.
(2) Procedures for the
				training manager's annual review of the principal instructor's
				competency.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-56) to the Indiana
					 State Department of Health (410 IAC 32-1-63) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-64 - "Recognized laboratory" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 64.
"Recognized laboratory" means an environmental laboratory
				  recognized by the U.S. EPA according to TSCA Section 405(b),
				  15 U.S.C.
				  2685(b) * as being capable
				  of performing an analysis for lead compounds in paint, soil, and dust.
*Copies of the Toxic Substances Control Act (TSCA) may be
				  obtained from the Government Printing Office, Washington, D.C. 20402. Copies of
				  pertinent sections are also available for copying at the Indiana Department of
				  Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian
				  Street, Indianapolis, Indiana 46204.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-57) to the Indiana
					 State Department of Health (410 IAC 32-1-64) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-65 - "Reduction" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 65.
"Reduction" means measures designed to reduce or eliminate
				  human exposure to lead-based paint hazards through methods, including interim
				  controls and abatement.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-58) to the Indiana
					 State Department of Health (410 IAC 32-1-65) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-65.5 - "Remediation" defined

Current through July 10, 2024
Authority: IC
				  16-41-39.8-6
Affected: IC
				  16-18-2-0.5; IC
				  16-41-39.8
Sec. 65.5.
"Remediation" means actions that constitute either:
(1) abatement (as defined in IC
				16-18-2-0.5); or
(2) interim controls (as defined in section
				43 of this rule).
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-66 - "Renovation" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 66.
"Renovation" means the modification of any existing
				  structure, or portion thereof, that results in the disturbance of painted
				  surfaces unless that activity is performed as part of a
				  remediation.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-58.5) to the Indiana
					 State Department of Health (410 IAC 32-1-66) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-67 - "Residential building" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 67.
"Residential building" means a building containing one (1)
				  or more residential dwellings.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-58.7) to the Indiana
					 State Department of Health (410 IAC 32-1-67) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-68 - "Residential dwelling" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 68.
"Residential dwelling" means:
(1) a detached single family dwelling unit,
				including attached structures such as porches and stoops; or
(2) a single-family dwelling unit in a
				structure that contains more than one (1) separate residential dwelling unit,
				which is used or occupied, or intended to be used or occupied, in whole or in
				part, as the home or residence of one (1) or more persons.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-59) to the Indiana
					 State Department of Health (410 IAC 32-1-68) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-69 - "Risk assessment" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 69.
"Risk assessment" means:
(1) an on-site investigation to determine the
				existence, nature, severity, and location of lead-based paint hazards;
				and
(2) the provision of a report
				by the individual or the firm conducting the risk assessment explaining the
				results of the investigation and options for reducing lead-based paint
				hazards.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-60) to the Indiana
					 State Department of Health (410 IAC 32-1-69) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-70 - "Risk assessor" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 70.
"Risk assessor" means a person who has been trained by an
				  approved training course provider and licensed by the department to conduct
				  inspections, lead- hazard screens, and risk assessments. A risk assessor also
				  samples for the presence of lead in dust and soil for the purposes of abatement
				  clearance testing.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-60.1) to the Indiana
					 State Department of Health (410 IAC 32-1-70) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-71 - "Room" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 71.
"Room" means a separate part of the inside of a building,
				  including a bedroom, living room, dining room, kitchen, bathroom, laundry room,
				  or utility room. To be considered a separate room, the room must be separated
				  from adjoining rooms by built-in walls or archways that extend at least six (6)
				  inches from an intersecting wall. Half walls or bookcases are room separators,
				  if built-in. Movable or collapsible partitions or partitions consisting solely
				  of shelves or cabinets are not considered built-in walls. A screened-in porch
				  that is used as a living area is a room.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-60.5) to the Indiana
					 State Department of Health (410 IAC 32-1-71) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-72 - "Soil-lead hazard" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 72.
(a)
				"Soil-lead hazard" means bare soil on residential real property or on the
				property of a child-occupied facility that contains total lead at, or in excess
				of, levels identified by the United States Environmental Protection Agency, 40
				CFR Part 745 *, effective March 8, 2021.
(b) A soil-lead hazard is present:
(1) in a play area when the soil-lead
				concentration from a composite play area sample of bare soil is equal to or
				greater than levels identified by the United States Environmental Protection
				Agency, 40 CFR Part 745 *, effective March 8, 2021; or
(2) in the rest of the yard when the
				arithmetic mean lead concentration from a composite sample or composite samples
				of bare soil from the rest of the yard, including nonplay areas, for each
				residential building on a property equal to or greater than levels identified
				by the United States Environmental Protection Agency, 40 CFR Part 745 *,
				effective March 8, 2021.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-73 - "Start date" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 73.
"Start date" means the day warning signs are posted and
				  barrier tape demarcating the work area has been placed.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-61) to the Indiana
					 State Department of Health (410 IAC 32-1-73) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-74 - "Soil sample" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 74.
"Soil sample" means a sample collected in a representative
				  location using ASTM E 1727 "Standard Practice for Field Collection of Soil
				  Samples for Lead Determination by Atomic Spectrometry Techniques*".
*This document is incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2
				  North Meridian Street, Indianapolis, Indiana 46204.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-61.5) to the Indiana
					 State Department of Health (410 IAC 32-1-74) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-75 - "Storage" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 75.
"Storage" means the holding of lead containing waste
				  material for a temporary period, at the end of which the waste is treated,
				  disposed of, or stored elsewhere.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-62) to the Indiana
					 State Department of Health (410 IAC 32-1-75) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-76 - "Supervisor" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 76.
"Supervisor" means a person who has been trained by an
				  approved training course provider, licensed by the department to supervise and
				  conduct abatements, and prepare occupant protection plans and abatement
				  reports.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-62.5) to the Indiana
					 State Department of Health (410 IAC 32-1-76) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-77 - "Surface-by-surface investigation" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 77.
"Surface-by-surface investigation" means an investigation of
				  an entire facility to determine the presence of lead-based paint as described
				  in Chapter 7, Guidelines for the Evaluation and Control of Lead-based Paint
				  Hazards in Housing, 1997, U.S. Department of Housing and Urban Development
				  (HUD)* or U.S. Environmental Protection Agency (EPA) manual or
				  equivalent.
*This document is incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D. C. 20401 or are available for review and copying at the Indiana
				  Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2
				  North Meridian Street, Indianapolis, Indiana 46204.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-62.6) to the Indiana
					 State Department of Health (410 IAC 32-1-77) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-78 - "Target housing" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 78.
"Target housing" means housing constructed before January 1,
				  1978. The term does not include the following:
(1) Housing for the elderly or individuals
				with disabilities that is not occupied by or expected to be occupied by a child
				six (6) years of age or younger.
(2) A zero-bedroom dwelling.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-63) to the Indiana
					 State Department of Health (410 IAC 32-1-78) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-79 - "Third-party examination" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 79.
(a)
				"Third-party examination" means a U.S. EPA developed examination administered
				by:
(1) the department or its designated
				representative; or
(2) U.S. EPA or
				an authorized state or tribe; as a licensure requirement as required under this
				article for inspectors, risk assessors, project designers, and
				supervisors.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-80 - "Training curriculum" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 80.
"Training curriculum" means an established set of course
				  topics for instruction in an approved training program for a particular
				  discipline designed to provide specialized knowledge and skills.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-65) to the Indiana
					 State Department of Health (410 IAC 32-1-80) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-81 - "Training hour" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 81.
"Training hour" means at least fifty (50) minutes of actual
				  learning, including, but not limited to, time devoted to any one (1) or a
				  combination of the following:
(1)
				Lecture.
(2) Learning
				activities.
(3) Small group
				activities.
(4)
				Demonstrations.
(5)
				Evaluations.
(6) Hands-on
				experience.
The lecture portion of the course may be delivered by an
				  online synchronous or asynchronous format, if approved by the
				  department.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-66) to the Indiana
					 State Department of Health (410 IAC 32-1-81) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-82 - "Training manager" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 82.
"Training manager" means the individual responsible for
				  administering a training curriculum and monitoring the performance of principal
				  instructors and guest instructors.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-67) to the Indiana
					 State Department of Health (410 IAC 32-1-82) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-83 - "Visual inspection for clearance testing" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 83.
"Visual inspection for clearance testing" means the visual
				  examination of a residential dwelling or child-occupied facility following a
				  remediation activity to determine whether or not the remediation has been
				  successfully completed.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-68) to the Indiana
					 State Department of Health (410 IAC 32-1-83) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-84 - "Visual inspection for risk assessment" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 84.
"Visual inspection for risk assessment" means the visual
				  examination of a residential dwelling or a child-occupied facility to determine
				  the existence of deteriorated lead-based paint or other potential sources of
				  lead-based paint hazards.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-69) to the Indiana
					 State Department of Health (410 IAC 32-1-84) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-84.5 - "Water-lead hazard" defined

Current through July 10, 2024
Authority: IC
				  16-41-39.8-6
Affected: IC
				  16-41-39.8
Sec. 84.5.
"Water-lead hazard" means potable water on residential real
				  property or on the property of a child-occupied facility that contains total
				  lead equal to or exceeding fifteen (15) parts per billion.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-85 - "Weighted arithmetic mean" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 85.
(a)
				"Weighted arithmetic mean" means the arithmetic mean of sample results weighted
				by the number of subsamples in each sample. Its purpose is to give influence to
				a sample relative to the surface area it represents. The types of samples
				include the following:
(1) A single surface
				sample is comprised of a single subsample.
(2) A composite sample may contain from two
				(2) to four (4) subsamples of the same area as each other and of each single
				surface sample in the composite.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-86 - "Window trough or window well" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 86.
"Window trough or window well" means, for a double-hung
				  window, the portion of the exterior window sill between the interior window
				  sill or stool and the frame of the storm window. If there is no storm window,
				  the window trough is the area that receives both the upper and lower window
				  sashes when they are both lowered.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-69.6) to the Indiana
					 State Department of Health (410 IAC 32-1-86) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-87 - "Wipe sample" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 87.
"Wipe sample" means a sample collected by wiping a
				  representative surface of known area as determined by ASTM E 1728, "Standard
				  Practice for Field Collection of Settled Dust Samples Using Wipe Sampling
				  Methods for Lead Determination by Atomic Spectrometry Techniques*, with an
				  acceptable wipe material as defined in ASTM E 1792, "Standard Specification for
				  Wipe Sampling Materials for Lead in Surface Dust*".
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2
				  North Meridian Street, Indianapolis, Indiana 46204.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-69.7) to the Indiana
					 State Department of Health (410 IAC 32-1-87) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-88 - "Work area" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 88.
"Work area" means the facility, room, or portion of a
				  facility or room where a lead abatement removal project is about to occur, is
				  in progress, or has been completed, extending to the point where access to the
				  area, as indicated by either the plastic or poly that forms and surrounds the
				  containment area, or demarcation by signs or barrier tape, is limited to those
				  workers or supervisors, or other persons authorized by the employer and
				  required by work duties to be present in regulated areas, implementing the
				  lead-based paint removal project.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-70) to the Indiana
					 State Department of Health (410 IAC 32-1-88) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 1 - Definitions › Section 1-89 - "Worker" defined

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 89.
"Worker" means a person who has been trained by an approved
				  training course provider and licensed by the department to perform
				  abatements.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-1-71) to the Indiana
					 State Department of Health (410 IAC 32-1-89) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: C 16-41-39.8; IC 22-8-1.1
Sec. 1.
(a) A person
				who engages in lead-based paint activities must obtain a license under this
				article. The department may issue a license for the following disciplines:
(1) Inspector.
(2) Risk assessor.
(3) Project designer.
(4) Supervisor.
(5) Worker.
(6) Contractor.
(7) Clearance examiner.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-2 - General provisions

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 2.
(a) The
				purpose of the lead-based paint program is to ensure that a person conducting
				lead-based paint activities in target housing or child-occupied facilities does
				so in a manner that safeguards the environment and protects the health of the
				building's occupants, especially children who are six (6) years of age and
				younger.
(b) A political
				subdivision or a state agency may not accept a bid for a lead-based paint
				activities project from a person who does not hold a lead-based paint
				activities license.
(c) The
				department may do the following:
(1) Inspect
				the site of a lead-based paint activity:
(A)
				before the project begins;
(B)
				during the project; or
(C) after
				the project is completed.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-3 - Licensing; qualifications

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3.
(a) To
				become licensed by the department as an inspector, risk assessor, project
				designer, supervisor, worker, clearance examiner, or dust sampling technician,
				the applicant must do the following:
(1)
				Successfully complete an approved lead-based paint course in the appropriate
				discipline and receive a certificate of training from an approved course
				provider.
(2) Have attended an
				Indiana approved lead-based paint two (2) hour rules awareness course within
				twelve (12) months prior to making license application, if the approved
				lead-based paint course in subdivision (1) is not an Indiana-approved
				course.
(3) Meet or exceed the
				experience and education requirements for each desired discipline as listed in
				subsection (b).
(4) For inspector,
				risk assessor, project designers, and supervisor applicants, pass the
				third-party examination in the appropriate discipline.
(5) Notwithstanding subdivisions (1) through
				(4), an applicant may follow the reciprocity provisions in section 6.5 of this
				rule.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-4 - License; application

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 4.
(a) Any
				person applying for an initial lead-based paint license from the department as
				a lead-based paint inspector, a risk assessor, a project designer, a
				supervisor, a worker, a clearance examiner, or a contractor shall do the
				following:
(1) Submit a completed application
				on forms provided by the department.
(2) Submit a copy of all required documents,
				as provided in section 3(h) of this rule, that the person meets the experience,
				education, and training requirements in section 3 of this rule, including that
				the applicant successfully completed the approved initial and any requisite
				refresher training courses.
(3)
				Receive passing scores on all written examinations for the courses.
(4) Pay the license application fee specified
				in section 8 of this rule.
(5) For
				persons applying for inspector, risk assessor, or supervisor licenses, provide
				proof of passing the third-party examination.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-5 - Renewal of lead-based paint license

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 5.
(a) Any
				person seeking to renew a license as a lead-based paint inspector, risk
				assessor, project designer, supervisor, worker, clearance examiner, or
				contractor shall meet the following requirements:
(1) Have possessed a valid license in the
				same discipline in which renewal is being sought within the previous twelve
				(12) months.
(2) Have attended,
				within the previous twelve (12) months, an approved refresher training course
				for the discipline in which the person was previously licensed. The following
				disciplines have additional requirements:
(A)
				A risk assessor may take both the inspector refresher course and the risk
				assessor refresher course or an approved combined inspector/risk assessor
				refresher course.
(B) A project
				designer shall take both the supervisor refresher course and the project
				designer refresher training course.
(3) Have taken and passed a third-party
				examination as required for inspector, risk assessor, project designer, or
				project supervisor.
(4) Submit a
				completed application on forms provided by the department and include a copy
				of:
(A) the certificates of training
				indicating that the person successfully completed the refresher training course
				and passed the written examination; and
(B) for inspectors, risk assessors, and
				supervisors, provide proof of having passed the third-party
				examination.
(5) For a
				contractor, submit a complete list of contracts for the prior thirty-six (36)
				months for lead-based paint activities, including names, addresses, and
				telephone numbers of persons for whom projects were performed.
(6) Pay the license application fee as
				specified in section 8 of this rule.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-6 - Compliance requirements for lead-based paint activities contractors

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 6.
(a) A
				lead-based paint activities contractor licensed under this rule shall compile
				records concerning each lead-based paint activities project performed by the
				lead-based paint activities contractor. The records must include the following
				information on each lead-based paint activities project:
(1) The name, address, and proof of license
				of the following:
(A) The person who
				supervised the lead-based paint activities project for the lead-based paint
				activities contractor.
(B) Each
				employee or agent of the lead-based paint activities contractor that worked on
				the project.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-7 - Lead-based paint license reciprocity

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 7.
(a) Any
				person holding a current U.S. EPA state or tribe authorized lead-based paint
				program license from another state, who is applying for an initial Indiana
				lead-based paint license from the department as a lead-based paint inspector,
				risk assessor, project designer, supervisor, worker, or clearance examiner
				under this rule, shall do the following:
(1)
				Submit a completed application on forms provided by the department.
(2) Submit a copy of all current lead-based
				paint program licenses.
(3) For
				persons applying for inspector, risk assessor, project designer, or supervisor
				licenses, provide proof of having passed the third-party examination.
(4) Have attended an Indiana approved
				lead-based paint two (2) hour rules awareness course.
(5) Pay the license application fee specified
				in section 8 of this rule.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-8 - Lead-based paint license revocation; denial

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 4-21.5; IC 16-41-39.8
Sec. 8.
(a) The
				department may, under IC 4-21.5, deny an application for a license, reprimand a
				license, or suspend or revoke a license for any of the following reasons:
(1) Violating any requirement of the
				following:
(A) This title.
(B)
											40 CFR
				745 (Lead; Requirements for Lead-Based Paint
				Activities in Target Housing and Child-Occupied Facilities)*.
(C) IC 16-41-39.8.
(D) Any federal, state, or local lead-based
				paint regulations.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-9 - Fees

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 9.
(a) The
				applicant for any lead-based paint license shall pay a nonrefundable
				application fee of one hundred fifty dollars ($150).
(b) Fees paid by mail shall be paid by check
				or money order and shall be made payable to the Indiana Department of Health
				and sent to the Cashier, Indiana Department of Health, P.O. Box 7236,
				Indianapolis, Indiana 46207.
(c)
				The application fee shall not be:
(1)
				transferable from one (1) type of lead-based paint license to
				another;
(2) transferable from one
				(1) person to another; or
(3)
				transferable to any other type of license or approval issued by the department;
				unless requested by the applicant within three (3) days of submittal to the
				department or prior to processing by the department, whichever is
				earlier.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-10 - Duplicate lead-based paint program licenses

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 10.
(a) To
				replace a lead-based paint program license that has been lost or stolen, a
				person shall submit a completed application for a duplicate license on a form
				provided by the department.
(b) The
				form shall include a statement indicating that the original lead-based paint
				program license was lost or stolen.
(c) The department shall issue no more than
				two (2) duplicate licenses to any person in any calendar year.
(d) The application must be submitted in
				person to the department by the licensee. Two (2) pieces of identification must
				be shown at the time of application. Acceptable pieces of identification
				include a valid state-issued driver's license, an Indiana issued identification
				card, a valid United States passport, or a valid Immigration and Naturalization
				Service (INS) identification, one (1) of which must include a picture of the
				applicant.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-2-9) to the Indiana
					 State Department of Health (410 IAC 32-2-10) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 2 - Licensing › Section 2-11 - Compliance; enforcement

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8-14; IC 16-41-39.8-15
Sec. 11.
Failure to comply with IC 16-41-39.8 or this rule may result
				  in civil or criminal enforcement under IC 16-41-39.8-14 and 16-41-39.8-15
[IC 16-41-39.8-15]
.
Transferred from the Air Pollution Control Board
					 (326 IAC 23-2-10) to the Indiana
					 State Department of Health (410 IAC 32-2-11) by
					 P.L.
					 57-2009,
					 SECTION
					 17, effective July 1, 2009.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 3 - Training Courses and Instructors › Section 3-1 - Applicability

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8; IC 36-1-2-10; IC 36-1-2-23
Sec. 1.
(a) A person
				may apply to the department to be an approved training course provider to offer
				lead-based paint activities initial or refresher courses in any of the
				following disciplines:
(1)
				Inspector.
(2) Risk
				assessor.
(3) Project
				designer.
(4) Supervisor.
(5) Worker.
(6) Clearance examiner.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 3 - Training Courses and Instructors › Section 3-3 - Initial training course requirements

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3.
To offer lead-based paint course instruction in any one (1)
				  or all of the disciplines, training course providers must ensure that their
				  courses of study meet, at a minimum, the following training hour requirements
				  and hands-on activities:
(1) The
				course of study for an inspector must last a minimum of twenty-four (24)
				training hours. This course of study shall include a minimum of eight (8) hours
				of hands-on training and shall contain the following course topics:
(A) Role and responsibilities of an
				inspector.
(B) Background
				information on lead and its adverse health effects.
(C) Lead-based paint inspection methods,
				including selection of rooms and components for sampling or testing. This
				course of study shall include hands-on activities.
(D) Paint, dust, and soil sampling
				methodologies. This course of study shall include hands-on
				activities.
(E) Clearance standards
				and testing, including random sampling. This course of study shall include
				hands-on activities.
(F)
				Preparation of the final inspection report. This course of study shall include
				hands-on activities.
(G) Record
				keeping.
(H) Regulatory review to
				include the following:
(i) TSCA Title
				IV*.
(ii) Occupational Safety and
				Health Administration (OSHA) respirator requirements found at
				29 CFR
				1926.62 *.
(iii) Applicable local, state, and federal
				regulations and guidance that pertain to lead-based paint and lead-based paint
				activities.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 3 - Training Courses and Instructors › Section 3-4 - Refresher training course requirements; course work

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 4.
A training course provider may seek approval to offer
				  refresher training courses for licensing in the disciplines of inspector, risk
				  assessor, project designer, supervisor, and worker. To obtain approval from the
				  department to offer refresher training, a training course provider shall meet
				  the following minimum requirements:
(1) Each refresher course shall review the
				curriculum of the initial courses listed under section 3 of this rule, as
				appropriate. In addition, to become approved to offer refresher training
				courses, training course providers shall ensure that the courses of study
				include, at a minimum, the following:
(A) An
				overview of current safety practices relating to lead-based paint activities in
				general, as well as specific information pertaining to the appropriate
				discipline.
(B) Current laws and
				regulations relating to lead-based paint activities in general, as well as
				specific information pertaining to the appropriate discipline.
(C) Current technologies relating to
				lead-based paint activities in general, as well as specific information
				pertaining to the appropriate discipline.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 3 - Training Courses and Instructors › Section 3-5 - Examination requirements

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 5.
(a) Each
				initial and refresher training course shall include a closed-book written
				examination at the conclusion of each course.
(b) Each individual must successfully
				complete the hands-on skills assessment and receive a passing score on the
				course test to pass any course.
(c)
				The training manager is responsible for maintaining the validity and integrity
				of the hands-on skills assessment to ensure that it accurately evaluates the
				trainees' performance of the work practices and procedures associated with the
				course of study contained in section 3 of this rule.
(d) The training manager is responsible for
				maintaining the validity and integrity of the written examination to ensure
				that it accurately evaluates the trainees' knowledge and retention of the
				course of study.
(e) Each
				examination shall adequately cover the course of study included in the training
				course for that discipline.
(f) The
				written examination shall be developed in accordance with the test blue print
				submitted with the training approval application.
(g) Written examinations shall have a passing
				score of at least seventy percent (70%) and shall consist of multiple-choice
				questions for each respective discipline. In addition, the training course
				provider shall include a hands-on skill assessment if applicable to the
				requirements for that discipline. The following minimum number of questions
				shall be required for each respective discipline:
(1) Inspector, one hundred (100)
				questions.
(2) Risk assessor, fifty
				(50) questions.
(3) Project
				designer, fifty (50) questions.
(4)
				Supervisor, one hundred (100) questions.
(5) Worker, fifty (50) questions.
(6) Clearance examiner, twenty-five (25)
				questions.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 32 - LEAD-BASED PAINT PROGRAM › Rule 3 - Training Courses and Instructors › Section 3-6 - Training course providers; responsibilities

Current through July 10, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 6.
(a) The
				training course provider shall issue unique course completion certificates to
				each individual who passes the training course. The course completion
				certificate shall include the following:
(1)
				The name, a unique identification number, and address of the
				individual.
(2) The name of the
				particular course that the individual completed.
(3) Dates of course completion and test
				passage.
(4) Expiration
				date.
(5) The name, address, and
				telephone number of the training course provider.