Section 16-41-39.8-13 - Applicability of section; methods for removal of lead-based paint and prohibition(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 less than seven (7) years of age or an age specified in rules adopted under section 6 of this chapter; and(B) resides in the building and has been identified as having an elevated blood lead level.(c) A person not exempted under subsection (b) from the application of this section who 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(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 July 1, 2002.(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.As added by P.L. 57-2009, SEC.17.