Section 410IAC32-1-2. "Abatement" defined

   (a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards.

  (b) The term includes, but is not limited to, the following:

(1) The removal of lead-based paint and lead-contaminated dust.

(2) The permanent enclosure or encapsulation of lead-based paint.

(3) The replacement of lead-painted surfaces or fixtures.

(4) The removal or permanent covering, such as with pavement or concrete, of lead-contaminated soil.

(5) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures as described in this subdivision.

(6) A project for which there is a written contract or other documentation, that provides that a person will be conducting activities in, or to, a residential dwelling or child-occupied facility that:

(A) results in the permanent elimination of lead-based paint hazards; or

(B) is designed to permanently eliminate lead-based paint hazards as are described in subdivisions (1) through (5).

(7) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons licensed under this article and IC 16-41-39.8 unless the project is described under subsection (c).

(8) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons who, through the person's company name or promotional literature represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are described under subsection (c).

(9) A project resulting in the permanent elimination of lead-based paint hazards that is conducted in response to state or local abatement orders.

(c) The term does not include the following:

(1) Renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but are designed to repair, restore, or remodel a structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.

(2) Interim controls, operations or maintenance activities, or other measures designed to temporarily, but not permanently, reduce lead-based paint hazards.

(Indiana State Department of Health; 410 IAC 32-1-2; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1431; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-2) to the Indiana State Department of Health (410 IAC 32-1-2) by P.L.57-2009, SECTION 17, effective July 1, 2009.