Operative Text
Sec. 13. (a) This section applies to: (1) remodeling, renovation, and maintenance activities at target housing and child occupied facilities built before 1960; and (2) lead-based paint activities. (b) This section does not apply to an individual who performs remodeling, renovation, or maintenance activities within a residential dwelling that the individual owns, unless the residential dwelling is occupied: (1) while the activities are being performed, by an individual other than the owner or a member of the owner's immediate family; or (2) by a child who: (A) is less than seven (7) years of age or an age specified in rules adopted under section 6 of this chapter; and (B) resides in the building and has been identified as having an elevated blood lead level. (c) A person not exempted under subsection (b) from the application of this section who performs an activity under subsection (a) that disturbs: (1) exterior painted surfaces of more than twenty (20) square feet; (2) interior painted surfaces of more than two (2) square feet in any one (1) room or space; or (3) more than ten percent (10%) of the combined interior and exterior painted surface area of components of the building; shall meet the requirements of subsections (e), (f), and (g). (d) For purposes of this section, paint is considered to be lead-based paint unless the absence of lead in the paint has been determined by a lead-based paint inspection conducted under this chapter. (e) A person may not use any of the following methods to remove lead-based paint: (1) Open flame burning or torching. (2) Machine sanding or grinding without high efficiency particulate air local exhaust control. (3) Abrasive blasting or sandblasting without high efficiency particulate air local exhaust control. (4) A heat gun that: (A) operates above one thousand one hundred (1,100) degrees Fahrenheit; or (B) chars the paint. (5) Dry scraping, except: (A) in conjunction with a heat gun; or (B) within one (1) foot of an electrical outlet. (6) Dry sanding, except within one (1) foot of an electrical outlet. (f) In a space that is not ventilated by the circulation of outside air, a person may not strip lead-based paint using a volatile stripper that is a hazardous chemical under 29 CFR 1910.1200, as in effect July 1, 2002. (g) A person conducting activities under subsection (a) on painted exterior surfaces may not allow visible paint chips or painted debris that contains lead-based paint to remain on the soil, pavement, or other exterior horizontal surface for more than forty-eight (48) hours after the surface activities are complete.
Indiana Code §§ 16-41-39.8-1 and 16-41-39.8-13 establish rules governing renovation, remodeling, and maintenance work that disturbs painted surfaces in pre-1960 housing and child-occupied facilities. The law prohibits specific high-risk paint removal methods—such as open-flame burning, uncontrolled machine sanding, and high-temperature heat guns—and restricts the use of volatile chemical strippers in unventilated spaces. It also requires that visible paint chips or debris containing lead-based paint on exterior surfaces be cleaned up within 48 hours of completing the work. Owner-occupants are generally exempt unless non-family members or young children with elevated blood lead levels are present during the work.
Plain English — not legal advice.
Under Ind. Code § 16-41-39.8-13, operators working on pre-1960 target housing or child-occupied facilities must avoid prohibited removal methods—including open-flame torching, uncontrolled abrasive blasting, and high-temperature heat guns—when disturbing painted surfaces beyond the thresholds specified in subsection (c). Compliant operators ensure that exterior paint debris is cleared within 48 hours and that volatile strippers are not used in unventilated spaces. Paint is presumed lead-based unless a qualifying inspection has determined otherwise.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 16-41-39.8-13 provides protections for occupants of pre-1960 housing during renovation or maintenance work, particularly where young children or non-family residents are present. Tenants may have grounds to raise a violation of these rules if prohibited paint removal methods are used or if lead debris is left on exterior surfaces beyond the 48-hour cleanup window. Tenants can explore options such as contacting local health authorities, consulting a tenant-rights organization, or reviewing complaint processes available under Indiana's lead-based paint regulatory framework.
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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