Cal. Civ. Code § 410-38-3-5

Decontamination by the owner of the contaminated property

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/26/2026IndianaHabitability & Repair

Operative Text

Cal. Civ. Code § 410-38-3-5
Sec. 5. (a) The owner of a contaminated property shall not decontaminate property controlled by that person unless the decontamination
is done under the supervision of a qualified inspector.
(b) The owner of a contaminated property shall not issue a certificate of decontamination under 410 IAC 38-5-9 for property
owned or controlled by that person.
Source: Legislative text reproduced verbatim
Plain English

Under 410 IAC 38 § 410-38-3-5, a property owner who has contaminated property cannot carry out decontamination work on their own property unless a qualified inspector is actively supervising the process. Additionally, that same owner is prohibited from self-certifying the decontamination by issuing a certificate of decontamination under 410 IAC 38-5-9 for property they own or control. These rules create an independent oversight requirement, separating the responsible party from the authority to declare the cleanup complete.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Property owners subject to 410 IAC 38 § 410-38-3-5 are generally expected to engage a qualified inspector to oversee any decontamination work on their contaminated property rather than conducting unsupervised remediation. Compliant operators also refrain from self-issuing a certificate of decontamination under 410 IAC 38-5-9, ensuring that the certification comes from an independent, qualified party. Maintaining documentation of inspector involvement and third-party certification is a standard practice for demonstrating compliance with this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 410 IAC 38 § 410-38-3-5, tenants living in or near a contaminated property have an interest in knowing that any decontamination must be supervised by a qualified inspector and that the property owner cannot self-certify the cleanup through a certificate of decontamination under 410 IAC 38-5-9. If a tenant has reason to believe decontamination was performed without proper oversight or that a certificate was improperly self-issued, they may consider contacting Indiana's relevant state health or environmental agency to raise a concern. Tenant-rights organizations and legal aid resources can help tenants understand what documentation they are entitled to review and what avenues exist for raising a potential violation of this provision.

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.

Effective Timeline

Current
Oct 26, 2026
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References Out

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information