Cal. Civ. Code § 410-38-5-4
Removal in lieu of decontamination
Operative Text
Sec. 4. (a) Instead of having the property decontaminated to meet the decontamination levels in Table 1 of section 2 of this rule, the owner of the contaminated property may remove all potentially contaminated material from the interior of the structure or dwelling unit identified as a contaminated property. (b) The owner of the contaminated property who removes contaminated materials in lieu of decontamination shall remove all of the following from the contaminated property: (1) All contents of the structure or dwelling unit and all personal property. (2) All plaster and lath, wallboard, and paneling covering all walls and ceilings. (3) All floor covering. However, the subflooring may be left in place and sealed if there is no visible contamination present. (4) All cabinets, shelves, and closet fixtures. (5) All interior doors, baseboards, and moldings. (6) All appliances. (7) All plumbing and electrical fixtures except as provided in subsection (c). (8) Window air conditioners. (9) Any remaining equipment or materials used in or resulting from the illegal manufacture of a controlled substance. (c) The following may remain in the structure or dwelling unit if they are thoroughly washed with solvent and then washed again with detergent and water: (1) Exterior window assemblies. (2) Exterior doors. (3) Plumbing and electrical systems and light fixtures that are not enclosed in walls and ceilings. (4) Recessed light fixtures. (5) Ceramic or porcelain plumbing fixtures. (6) Heating, ventilating, and air conditioning appliances except window air conditioners. (d) Heating, ventilating, and air conditioning ductwork may remain in the structure if: (1) it has been decontaminated; and (2) a qualified inspector has inspected the ductwork in accordance with this rule. (e) Insulation in exterior walls may remain in place if it is covered with a vapor barrier. (f) Plumbing and electrical systems enclosed in walls and ceilings may remain in place without cleaning. (g) Inspection of rooms or spaces where removal was done is not required if the removal was done in accordance with this section. (h) Materials removed under this section must not be sold or transferred to another person. (i) All materials removed under this section must be disposed of in accordance with 329 IAC 10 no more than seventy-two (72) hours after removal. (j) The qualified inspector shall document removal of contaminated material under this section in the certificate of decontamination.
Indiana regulation 410 IAC 38 § 410-38-5-4 establishes an alternative to chemical decontamination for properties identified as contaminated by illegal drug manufacturing: the owner may instead strip the structure down to its bare bones by removing virtually all interior materials, contents, and fixtures. Certain items—such as exterior windows, ceramic plumbing fixtures, and HVAC systems—may remain if thoroughly cleaned with solvent and detergent. Removed materials cannot be sold or transferred and must be disposed of according to Indiana solid-waste rules within 72 hours, and a qualified inspector must document the entire process in a certificate of decontamination.
Plain English — not legal advice.
Property owners managing a contaminated site under 410 IAC 38 § 410-38-5-4 who choose the removal path generally strip all interior walls, ceilings, flooring, cabinets, appliances, plumbing and electrical fixtures, and personal contents from the affected structure. Items permitted to remain—such as exterior door assemblies, ceramic fixtures, and HVAC equipment—must be thoroughly cleaned with solvent followed by detergent and water before being left in place. Compliant operators ensure that all removed materials are disposed of under 329 IAC 10 within 72 hours, that no removed material is sold or transferred, and that a qualified inspector documents the removal in the certificate of decontamination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in or considering a property that was previously identified as a drug-manufacturing site should be aware that 410 IAC 38 § 410-38-5-4 requires the owner to follow strict removal or decontamination procedures before the property can be reoccupied. A qualified inspector must document that removal was completed properly in a certificate of decontamination, which tenants can ask to review as evidence that the property meets Indiana's standards. Tenant-rights organizations or local health departments can help individuals understand what documentation they are entitled to see and what options exist if they believe a property was not properly remediated under this rule.
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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