Terms Used In Louisiana Revised Statutes 30:2351.28

  • Abatement: means any set of measures as determined by the secretary designed to permanently eliminate lead hazards including:

                (a) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil. See Louisiana Revised Statutes 30:2351.1

  • Child-occupied facility: means a building or portion of a building or common area, other than the child's principal residence, constructed prior to 1978, and meeting one of the following:

                (a) Is visited regularly by the same child, who is six years of age or younger, on at least two different days within any week, provided that each day's visit lasts at least three hours, that the combined weekly visits last at least six hours, and that the combined annual visits last at least sixty hours. See Louisiana Revised Statutes 30:2351.1

  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
  • Facility: means a pollution source or any public or private property or facility where an activity is conducted which is required to be regulated under this Subtitle and which does or has the potential to do any of the following:

                (a) Emit air contaminants into the atmosphere. See Louisiana Revised Statutes 30:2004

  • Inspection: means :

                (a) A surface-by-surface investigation to determine the presence of lead hazards. See Louisiana Revised Statutes 30:2351.1

  • Inspector: means a person certified pursuant to the provisions of this Chapter who conducts inspections. See Louisiana Revised Statutes 30:2351.1
  • Lead hazard: means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the secretary; and shall include lead-based paint as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
  • Lead hazard reduction activities: means the assessment of lead hazards, and the planning, implementation, and inspection of abatement activities, as determined by the secretary; and shall include lead-based paint activities as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1

            A. The secretary may establish a program for the collection and analysis of data on lead hazard detection and lead hazard reduction activities in the state, and on the certification, accreditation, and enforcement activities of the department.

            B. The owner of any licensed day care center, preschool, or public or non-public elementary school facility that qualifies as a child-occupied facility and first placed in operation after August 1, 2012, shall have an inspector conduct an inspection of the facility and grounds for the presence of lead hazards. No inspection shall be required if the facility or its grounds has been inspected or has been the subject of lead abatement or remediation since 1978. If a portion of the facility or its grounds has not been inspected or been the subject of lead abatement or remediation since 1978, then those portions of the facility or its grounds shall be subject to the provisions of this Section. The owner or operator of the facility shall maintain documentation that the inspection or lead abatement or remediation activities were conducted in accordance with applicable requirements. If a lead hazard is found to be present, the inspector and the owner shall report those findings to the state health officer and the secretary. The state health officer shall compile the results and report the findings to the legislature in the annual Louisiana Health Report Card.

            C. The secretary may enter into agreements with the Louisiana Department of Health to implement this Section.

            Acts 1993, No. 224, §1; Acts 2012, No. 733, §1.

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