Cal. Civ. Code § 410-38-5-6
Number and location of required samples
Operative Text
Sec. 6. (a) Each room and space in the contaminated property shall be sampled. Except as provided in subsection (g), the qualified inspector shall collect all of the samples required by this section in accordance with ASTM D 6661-01 or another equivalent method or practice. (b) In each room within the contaminated property, four (4) ten (10) centimeter by ten (10) centimeter areas, for a total of four hundred (400) square centimeters, shall be wipe sampled from each of the following locations: (1) One (1) ten (10) centimeter by ten (10) centimeter area from a location at or near the center of the floor. (2) One (1) ten (10) centimeter by ten (10) centimeter area from a location at or near the center of the ceiling. (3) One (1) ten (10) centimeter by ten (10) centimeter area from a location at or near the center of each of two (2) walls. These four (4) wipes may be combined into one (1) sample for every room. (c) In addition to the room samples required by subsection (b), if the contaminated property includes a kitchen, four (4) additional ten (10) centimeter by ten (10) centimeter areas, for a total of four hundred (400) square centimeters, shall be wipe sampled from each of the following: (1) Countertop (2) Sink. (3) Stovetop. (4) Floor in front of the stovetop. If the stove or cook top has been removed, a sample shall be collected from the vent hood or, if there is no vent hood, from a cabinet in the immediate vicinity of the stove or cook top. The four (4) wipes from the kitchen may be combined into one (1) kitchen sample. Wipes from newly replaced appliances shall not be included in the sample. (d) In addition to the room samples required by subsection (b), if the contaminated property includes a bathroom, four (4) additional ten (10) centimeter by ten (10) centimeter areas, for a total of four hundred (400) square centimeters shall be wipe sampled from each of the following in each bathroom: (1) Countertop. (2) Sink. (3) Toilet. (4) Shower or bathtub. The four (4) wipes from each bathroom may be combined into one (1) bathroom fixture sample for each bathroom. Wipes from newly replaced fixtures shall not be included in the sample. (e) In addition to the room samples required by subsection (b), four (4) additional ten (10) centimeter by ten (10) centimeter areas, for a total of four hundred (400) square centimeters shall be wipe sampled at four (4) different locations in the ventilation system. These four (4) wipes may be combined into one (1) sample. (f) If the contaminated property contains any cleaned appliances, one ten (10) centimeter by ten (10) centimeter area for a total of one hundred (100) square centimeters, shall be wipe sampled from the exposed portion of each appliance. If multiple appliances are present, up to four (4) wipes may be combined into one (1) appliance sample for a total of four hundred (400) square centimeters per sample. (g) If highly textured, coarse, or porous materials, such as concrete, brick, cloth, wood, or textured ceiling paint, are present on ceilings, walls, or floors after decontamination, those surfaces shall be: (1) removed; (2) sampled using the vacuum sampling method in ASTM D 5756-02 or another equivalent method or practice; or (3) sampled by removing a one hundred (100) square centimeter sample and analyzing the sample in accordance with Method 8270C or another equivalent method or practice. (h) In addition to the samples required by subsections (b) through (g), all quality control samples required by ASTM D 6661-01, ASTM D 5756-02, Method 8270C, or another equivalent method or practice shall be obtained. (i) The qualified inspector shall preserve and handle all samples in accordance with Method 8270C or another equivalent method or practice.
Indiana regulation 410 IAC 38 § 410-38-5-6 establishes detailed requirements for how and where surface wipe samples must be collected inside a property that has been identified as contaminated (typically from methamphetamine manufacturing or use). Every room must be sampled at standardized locations on the floor, ceiling, and walls, with additional required samples from kitchens, bathrooms, ventilation systems, and any cleaned appliances still present. Special rules apply when rough or porous surfaces like concrete, brick, or textured paint remain after decontamination, requiring either removal or alternative sampling methods. All samples must be collected, preserved, and handled by a qualified inspector following recognized ASTM standards or equivalent methods.
Plain English — not legal advice.
Property owners managing a contaminated property subject to 410 IAC 38 § 410-38-5-6 generally engage a qualified inspector who follows the section's precise sampling grid — covering every room, kitchen fixtures, bathroom fixtures, ventilation system locations, and any retained appliances. Compliant operators ensure that newly replaced fixtures and appliances are excluded from wipe samples, and that any rough or porous surfaces remaining after decontamination are addressed through removal or an approved alternative sampling method. Maintaining documentation that all ASTM-required quality control samples were collected and properly handled is a standard part of demonstrating compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in or returning to a property that has undergone decontamination have an interest in knowing whether the clearance inspection followed the comprehensive sampling protocol required by 410 IAC 38 § 410-38-5-6, which mandates testing in every room as well as kitchens, bathrooms, ventilation systems, and appliances. If a tenant has reason to believe the required sampling locations were skipped or that a qualified inspector was not used, they may consider requesting inspection records, contacting the Indiana State Department of Health, or reaching out to a tenant-rights organization for guidance on available options. Understanding which surfaces were sampled — and whether porous materials were properly handled — can be relevant when evaluating whether a property has been cleared in accordance with this section.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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