Indiana’s New Lead-Safe Work Practice Requirements

for Pre-1960 Homes and Child-Occupied Facilities

House Enrolled Act 1171 (Public Law 2002-99) was signed by Governor O’Bannon on March 21, 2002.  HEA-1171 added IC 13-17-14-12 Indiana Code.  IC 13-17-14-12 was effective on July 1, 2002.

Who does it apply to?

Any person doing remodeling, renovation, and maintenance work in Indiana at target housing and child occupied facilities built before 1960.  However, it does not apply to an individual who performs those activities within a residential dwelling that the individual owns, unless:

1.     An individual other than the owner or a member of the owner's immediate family is present while the activities are being performed; or

2.    A lead poisoned child resides in the building.

What is required?

1.     Interior and Exterior Paint: The following work practices are prohibited to remove paint:

a.    Open flame burning or torching.

b.    Machine sanding or grinding without high efficiency particulate air local exhaust control.

c.    Abrasive blasting or sandblasting without high efficiency particulate air local exhaust control.

d.    A heat gun that:

                                 i.      operates above one thousand one hundred (1,100) degrees Fahrenheit; or

                                ii.      chars the paint.

e.     Dry scraping, except:

                                 i.      in conjunction with a heat gun operating at less than 1000^oF and not charring paint; or

                                ii.      within one (1) foot of an electrical outlet.

f.     Dry sanding, except within one (1) foot of an electrical outlet.

g.    In a space that is not ventilated by the circulation of outside air, using a volatile stripper that is a hazardous chemical under 29 CFR 1910.1200.

2.     Exterior Paint:  A person conducting activities on painted exterior surfaces may not allow visible paint chips or painted debris to remain on the soil, pavement, or other exterior horizontal surface for more than forty-eight (48) hours after the surface activities are complete.

What are target housing and a child-occupied facility?  

1.    Target Housing is housing constructed before 1978, excluding housing without a bedroom or housing for the elderly or individuals with disabilities, that is not occupied or expected to be occupied by a child younger than six.

2.    Child-Occupied Facility is a building or portion of a building constructed before 1978 that is visited regularly by a child younger than six at least 2 days a week for 3 hours per visit for at least 60 hours during a calendar year.

What if only a minor amount of paint is disturbed?

The requirements apply only when more than the following amount of paint is disturbed:

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.

What if the paint is not lead-based?

Paint in a building constructed before 1960 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 pursuant to IC 13-17-14-1.

What are the potential penalties?

The State rarely pursues the maximum fine but the following penalties are possible:

1.     Civil Penalties (IC 13-30-4): Maximum of $25,000 per day per violation.

2.     Criminal Penalties (IC 13-30-6):  For persons, including responsible corporate officers, who intentionally, knowingly, or recklessly violate the requirements, the violation would be a Class D Felony and a minimum fine of $5000 per day per violation.

This document was prepared by Tom Neltner of Improving Kids’ Environment on October 22, 2002.  Contact him at mccabe@ikecoalition.org or 317-442-3973 for more information.  Please refer to IC 13-17-14-12 and consult with an attorney to evaluate specific situations.