410 IAC 32-1-2 "Abatement" defined

Sec. 2. (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.