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Gary, IN Building Safety: Lead Paint (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited act
Applying lead paint to child-occupied interiors (§105-703)
Also banned
Selling or delivering lead-painted toys/furniture (§105-703)
Lead threshold
Over 0.5% lead by weight through 1972; 0.06% after (§105-702)
Enforcing official
Health commissioner (§105-705)
Removal standard
Complete removal or approved covering (§105-704(b))
General penalty
$2,500 first offense, $7,500 repeat (§1-7)

Summary

Gary Municipal Code § 105-703 flatly bans applying lead paint to toys, furniture, or interior surfaces of any dwelling, roominghouse, or facility used by children, and bars selling or delivering lead-painted toys or furniture. The health commissioner can order a landlord to remove any lead paint that creates a hazard, under § 105-704.

No person shall apply lead paint to toys, furniture, or the interior surfaces of any dwelling, dwelling unit, roominghouse, rooming unit, or facility occupied or used by children. Interior surfaces include but are not limited to window sills, window frames, doors, door frames, walls, ceilings, stair rails, spindles, or other appurtenances. No person shall sell, transfer, or deliver toys or furniture to which lead paint has been applied.

Full Breakdown

Under Gary Municipal Code § 105-703, no person may apply lead paint to toys, furniture, or the interior surfaces, including window sills, window frames, doors, door frames, walls, ceilings, stair rails, and spindles, of any dwelling, dwelling unit, roominghouse, rooming unit, or facility occupied or used by children; selling, transferring, or delivering already lead-painted toys or furniture is likewise prohibited. Section 105-702 defines lead paint as any pigmented liquid coating whose nonvolatile ingredients contained more than 0.5 percent lead by weight through the end of 1972 and 0.06 percent thereafter, or whatever the FDA requires.

Where the health commissioner finds that lead paint on a premises creates a hazard to children, § 105-704 requires the commissioner to notify the owner or occupant to eliminate it; in an emergency the health commissioner alerts the Building Commissioner, who can take whatever measures are needed, while the health commissioner may also seek injunctive relief in court. Any lead paint that is cracked, chipped, blistered, or peeling, or that a child could chew or eat, must be completely removed down to the base surface under commissioner-approved safety conditions, or covered with an approved durable material; simply repainting over the old lead paint does not satisfy the section.

Removal methods themselves cannot create a health hazard from fumes, dust, or vapors and must follow city, state, and federal safety standards. The health commissioner enforces this article under § 105-705, working with the Building Commissioner on emergency orders.

Violations & Fines

Section 105-705 makes it unlawful to violate any provision of the lead paint article or any order of the health commissioner made under it, and bars obstructing or interfering with an enforcement order. The health commissioner enforces the article directly and may coordinate emergency action with the Building Commissioner. Because the article sets no separate fine, violations are punished under the city's general penalty, § 1-7: up to $2,500.00 for a first offense and up to $7,500.00 for a repeat offense, with each day of noncompliance a separate violation.

Frequently Asked Questions

Is lead paint banned in Gary rentals?
Yes. Section 105-703 prohibits applying lead paint to the interior surfaces, including window sills, doors, walls, and ceilings, of any dwelling or facility occupied or used by children, and also bans selling or delivering toys or furniture already coated in it.
What must a Gary landlord do if lead paint is found?
Under § 105-704, once the health commissioner determines lead paint creates a hazard to children, the owner or occupant is notified to eliminate it. Cracked, chipped, or accessible lead paint must be completely removed to the base surface or covered with an approved durable material; repainting over it does not count as compliance.
Who enforces Gary's lead paint rules?
The health commissioner enforces the lead paint article under § 105-705 and can seek injunctive relief in court against a noncompliant owner. In an emergency, the health commissioner notifies the Building Commissioner, who may take whatever measures are necessary to eliminate the immediate hazard.

Sources & Official References

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