Section 16-41-39.8-3 - License for engaging in lead-based paint activities; clearance examiner license; contractor's license; training; examination; issuance(a) A person who engages in lead-based paint activities must obtain a license under this chapter and under rules adopted under section 6 of this chapter. Lead-based paint activities licenses issued under IC 13-17-14 (before its repeal) or under this chapter expire as follows: (1) On June 30, 2004, if issued before July 1, 2002.(2) Three (3) years after the date of issuance, if issued after June 30, 2002.(b) A person may receive a lead-based paint activities license under this chapter for the following disciplines: (c) A person may receive a clearance examiner license under this chapter. A person who engages in the clearance of nonabatement activities under 24 CFR 35.1340(b)(1)(iv), as in effect July 1, 2002, must obtain a clearance examiner license under this chapter and under rules adopted under section 6 of this chapter. A clearance examiner license expires three (3) years after the date of issuance.(d) A person who enters into a contract requiring the person to execute for compensation lead-based paint activities must hold a lead-based paint activities contractor's license.(e) A person must: (1) take required training and pass an examination provided in a lead-based paint training course or clearance examiner training course, as appropriate, approved by the state department;(2) for a license in the discipline of:(D) supervisor; pass an examination provided by the state department or a third party as required by rules adopted under section 6 of this chapter; and
(3) meet any requirements established by rules adopted under section 6 of this chapter; before the person may receive a lead-based paint activities license or clearance examiner license.
(f) The state department may issue a license for a position listed under subsection (b) or (c) if the applicant submits proof to the state department that the applicant satisfies the training, examination, and other requirements for the license under this chapter.(g) A: (1) lead-based paint activities license; or(2) clearance examiner license; issued under IC 13-17-14 (before its repeal) or this chapter may be renewed for a period of three (3) years. To renew a license, a person who holds a license for a position listed in subsection (b) or (c) must complete refresher training and pass any reexamination required by rules adopted under section 6 of this chapter.
(h) A lead-based paint activities contractor licensed under this chapter may not allow an agent or employee of the contractor to:(1) exercise control over a lead-based paint activities project;(2) come into contact with lead-based paint; or(3) engage in lead-based paint activities; unless the agent or employee is licensed under this chapter.
(i) A person engaging in lead-based paint activities shall comply with the work practice standards established in rules adopted under section 6 of this chapter and the applicable work practice standards established in section 13 of this chapter for performing the appropriate lead-based paint activities.As added by P.L. 57-2009, SEC.17.