Gary, IN Building Safety: Lead Paint (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
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Sources & Official References
Other rules in Gary
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