Cal. Civ. Code § 410-38-2-8
"Contaminated property" defined
Operative Text
Sec. 8. (a) "Contaminated property" means real property, a vehicle as defined in IC 9-13-2-196, a mobile home as defined in IC 6-6-5-1, or a watercraft as defined in IC 9-13-2-198.5 that has been used for the illegal manufacture of a controlled substance. (b) For an apartment building, multifamily dwelling, condominium, hotel, or motel, the term is limited to the unit that was identified by the law enforcement agency as having been used for the illegal manufacture of a controlled substance if all of the following are true: (1) The entry to the unit is located on the: (A) outside of the structure; or (B) interior of the structure and is closed by a fire door assembly. (2) The unit has no other opening to another unit or space. (3) The heating, ventilating, and air conditioning system for that unit is enclosed within that unit and is separate from the heating, ventilating, and air conditioning system of any other unit, except for: (A) a hot water boiler that serves more than one (1) unit in the structure; or (B) an air conditioning condenser located outside the structure. (c) The property is not a contaminated property if the law enforcement agency that identifies the property as having been used for the illegal manufacture of a controlled substance determines that: (1) the process used to manufacture the controlled substance has not been started; (2) all chemicals to be used in the illegal manufacture of the controlled substance have been removed; and (3) no contamination related to the illegal manufacture of a controlled substance is present. (d) The term includes any areas outside a structure that were used for the disposal of chemicals used in the illegal manufacture of a controlled substance. (e) A property is no longer a contaminated property when the certificate of decontamination prepared under 410 IAC 38-5-9 for that property has been issued or the activities required by 410 IAC 38-6-2 have been completed.
Section 410-38-2-8 of Indiana's 410 IAC 38 defines what qualifies as 'contaminated property' for purposes of the state's controlled-substance manufacturing cleanup rules. The definition covers real estate, vehicles, mobile homes, and watercraft used for illegal drug manufacturing, and it extends to outdoor disposal areas. In multi-unit buildings, only the specific unit identified by law enforcement qualifies as contaminated—provided it meets structural and HVAC separation criteria. A property loses its contaminated status once a certificate of decontamination under 410 IAC 38-5-9 is issued or required remediation activities under 410 IAC 38-6-2 are completed.
Plain English — not legal advice.
Under 410-38-2-8, operators of apartment buildings, condominiums, hotels, or motels should understand that contamination designations can be limited to a single unit when that unit meets the structural and HVAC separation criteria spelled out in the provision. Compliant operators typically document the physical separation of affected units, coordinate with law enforcement regarding the scope of the designation, and pursue decontamination procedures leading to a certificate under 410 IAC 38-5-9 or completion of activities under 410 IAC 38-6-2 to formally clear the property's status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 410-38-2-8, tenants in multi-unit buildings have an interest in knowing that a contamination designation may be confined to a single unit rather than an entire building, depending on structural and HVAC separation factors. If a unit in your building has been flagged, reviewing whether the law enforcement designation aligns with the criteria in this provision may be relevant. Tenants can contact Indiana's state health agency, consult a tenant-rights organization, or review public records to understand the scope of any contamination designation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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