Cal. Civ. Code § 16-41-39.8-1
Applicability
Operative Text
Sec. 1. (a) This chapter does not apply to the following: (1) A person making an inspection under the authority of IC 22-8-1.1. (2) A person who performs lead-based paint activities within a residential dwelling that the person owns, unless the residential dwelling is occupied by: (A) a person, other than the owner or the owner's immediate family, while these activities are being performed; or (B) a child who: (i) is not more than six (6) years of age or an age specified in rules adopted under section 6 of this chapter; and (ii) resides in the building and has been identified as having an elevated blood lead level. (b) This chapter may not be construed as requiring the abatement of lead-based paint hazards in a child occupied facility or target housing.
Indiana Code §§ 16-41-39.8-1 and 16-41-39.8-13 define the boundaries of the state's lead-based paint activity regulations by carving out specific exemptions. Owners who perform lead-based paint work in their own homes are generally not covered by this chapter, unless the home is occupied by non-family members during the work or by a young child (six years old or younger) who has been identified with an elevated blood lead level. Separately, the chapter explicitly does not require the removal or abatement of lead-based paint hazards in child-occupied facilities or target housing — it governs activities and practices, not mandatory remediation.
Plain English — not legal advice.
Under Ind. Code §§ 16-41-39.8-1 and 16-41-39.8-13, landlords and property managers should be aware that the owner-occupant exemption from this chapter does not extend to rental situations. Because rental units are typically occupied by persons other than the owner or the owner's immediate family, lead-based paint activities conducted in those units generally fall within the chapter's scope. Compliant operators typically ensure that any lead-based paint work in occupied rental properties is carried out in accordance with the chapter's requirements, particularly when young children reside in the building.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code §§ 16-41-39.8-1 and 16-41-39.8-13 are relevant to tenants because the owner-occupant exemption does not apply when non-family occupants — such as renters — are present during lead-based paint activities. Tenants, especially those with children six years old or younger who have been identified with elevated blood lead levels, may have grounds to raise this chapter's applicability if a landlord claims an exemption. Tenants who believe their rights under this provision have been overlooked may consider contacting a local tenant-rights organization or the Indiana State Department of Health for guidance on available options.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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