410 IAC 38-5-4 - Removal in lieu of decontamination

Authority: IC 4-22-2; IC 16-19-3.1-1; IC 16-19-3.1-4; IC 35-48-4

Affected: IC 16-19-3.1

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.

Notes

410 IAC 38-5-4

Indiana State Department of Health; 410 IAC 38-5-4; filed Feb 21, 2007, 1:56 p.m.: 20070321-IR- 318060125FRA; readopted filed Aug 5, 2013, 2:08 p.m.: 20130904-IR-318130240RFA; Readopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA

Transferred from the Department of Environmental Management ( 318 IAC 1-5-4 ) to the Indiana State Department of Health ( 410 IAC 38-5-4 ) by P.L. 111-2018, SECTION 17, effective July 1, 2018.