Lead Poisoning Prevention in Indiana

State and local health agencies routinely check a child’s blood for lead. If a child is found to be lead-poisoned, state regulations require that the local health department immediately conduct an environmental investigation of the child’s home to find the source of the lead. A licensed lead risk assessor must conduct the investigation. In addition, if property if HUD-funded, HUD requires that a risk assessment by completed in 15 days and hazards addressed within 30 days.

If the risk assessor finds lead hazards on the property, the lead hazards may be a violation of the local housing code. The hazards also may be a violation of the lease pursuant to IC 32-31-8-5 which requires that a landlord deliver the rental premises to a tenant in a safe, clean, and habitable condition that complies with applicable health and housing codes.

If a state or local agency orders the permanent elimination of lead hazards, the work must be done as an abatement by licensed abatement contractors.

If the lead hazard disclosure was not properly made in the lease (see next page), the tenant may collect for triple damages and collect attorney and expert witness fees if successful.

If you hear that a child of a resident may be lead poisoned quickly investigate and get a risk assessment done by a licensed lead risk assessment.