Citations Affected: IC 13-11; IC 13-17; noncode.
Synopsis: Lead poisoning prevention. Amends restrictions on
lead-based paint activities. Sets the times for expiration and renewal of
lead-based paint activities licenses, adjusts training requirements for
licensure, provides for the issuance of licenses for clearance examiners,
provides for training for clearance examiners, prohibits the use of
certain methods to remove lead-based paint, and requires that removed
paint be discarded. Establishes an exception under certain
circumstances to paint removal and removed paint discarding
restrictions for work on a home by the homeowner. Establishes the
position of lead-safe interagency coordinator.
Effective: July 1, 2001.
January 16, 2001, read first time and referred to Committee on Environmental Affairs.
February 20, 2001, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law and to make an appropriation.
SECTION 1. IC 13-11-2-36.5 IS ADDED AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 36.5.
"Component", for purposes of IC 13-17-14, has the meaning set
forth in 24 CFR 35.110, as in effect on July 1, 2001.
SECTION 2. IC 13-17-14-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person that engages in lead-based paint activities must obtain a license under this chapter and under rules adopted by the board under section 5 of this chapter. Lead-based paint activities licenses expire as follows:
(1) On June 30, 2003, if issued before July 1, 2001.
(2) Two (2) years after the date of issuance, if issued after June 30, 2001.
(b) A person may receive a lead-based paint activities license under this chapter for the following disciplines:
(2) Risk assessor.
(3) Project designer.
(a)(1) must be sufficient to allow the clearance examiner to
perform clearance examinations without the approval of a certified
risk assessor or inspector as provided in 24 CFR 35.1340(b)(1)(iv),
as in effect on July 1, 2001.
SECTION 5. IC 13-17-14-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. (a) The commissioner may under IC 4-21.5 reprimand, suspend, or revoke the license of a clearance examiner or a lead-based paint activities inspector, risk assessor, project designer, supervisor, worker, or contractor for any of the following reasons:
(1) Violating any requirements of this chapter or rules adopted under this chapter.
(2) Fraudulently or deceptively obtaining or attempting to obtain a license under this chapter.
(3) Failing to meet the qualifications for a license or failing to comply with the requirements of air pollution control laws or rules adopted by the board.
(4) Failing to meet an applicable federal or state standard for lead-based paint activities.
(b) The commissioner may under IC 4-21.5 reprimand a lead-based paint activities contractor or suspend or revoke the license of a lead-based paint activities contractor that employs a person who is not licensed under this chapter for a purpose that requires the person to hold a license issued under this chapter.
(c) The commissioner may under IC 4-21.5 revoke the approval of a clearance examiner or a lead-based paint activities training course for any of the following reasons:
(1) Violating any requirement of this chapter.
(2) Falsifying information on an application for approval.
(3) Misrepresenting the extent of a training course's approval.
(4) Failing to submit required information or notifications in a timely manner.
(5) Failing to maintain required records.
(6) Falsifying approval records, instructor qualifications, or other approval information.
SECTION 6. IC 13-17-14-12 IS ADDED AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (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 more than six (6) years of age or an age specified in rules adopted by the board under section 5 of this chapter; and
(B) resides in the building and has been identified as having an elevated blood lead level.
(c) A person that 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 on July 1, 2001.
(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.
SECTION 7. [EFFECTIVE JULY 1, 2001] (a) The position of lead-safe interagency coordinator is created.
(b) The lead-safe interagency coordinator shall seek to ensure that:
(1) children are afforded full opportunities with respect to lead-safe programs offered by:
(A) the federal government;
(B) the department of environmental management;
(C) the state department of health;
(D) the Indiana housing finance authority; and
(E) the family and social services administration;
(2) progress toward reaching the goal of eliminating lead poisoning by 2010 is achieved and accurately tracked.
(c) This SECTION expires June 30, 2004.
SECTION 8. [EFFECTIVE JULY 1, 2001] (a) Before July 1, 2003, the air pollution control board shall amend 326 IAC 23 to reflect this act.
(b) This SECTION expires July 1, 2003.