Terms Used In Louisiana Revised Statutes 30:2351.6

  • 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

  • Accredited training provider: means a person certified by the secretary pursuant to this Chapter to provide training in lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
  • Certificate: means :

                (a) With regard to a person engaged in a lead hazard reduction activity, a document issued by the secretary, or under the authority of the secretary, affirming that the person successfully has completed the training and other requirements for lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1

  • Certified: means , with regard to a person engaged in a lead hazard reduction activity, that the person successfully has completed the training and other requirements for engaging in lead hazard reduction activities established by the secretary. See Louisiana Revised Statutes 30:2351.1
  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Person: means any individual, business entity, governmental body, or other public or private entity including, to the extent not preempted by state or federal law or regulation, the federal government and its agencies. 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.  Workers and lead project supervisors shall be certified.  To qualify for certification, an applicant shall have completed a training course for the respective classification, conducted by an accredited training provider, that has been approved by the secretary as appropriate.  In addition to completing an approved training course, lead project supervisors shall have participated or observed at least one abatement project as a requirement for initial certification.

B.  Workers and lead project supervisors who successfully complete an approved training course shall be certified, with a certificate issued either by the secretary, or the accredited training provider, as authorized by the secretary.

C.  Certified workers and lead project supervisors who successfully complete annual refresher training pursuant to La. Rev. Stat. 30:2351.7 shall be recertified, with a certificate issued either by the secretary, or the accredited training provider, as authorized by the secretary.

D.  All persons engaged in the design and planning of abatement projects shall be certified as lead hazard reduction planners.  To qualify for certification, an applicant must show to the department satisfactory evidence of the following:

(1)  The applicant successfully has completed a training course approved by the secretary as appropriate for a person responsible for planning abatement activities.

(2)  The applicant has passed an examination administered by the secretary for this category.

(3)  The applicant has participated in or observed at least one abatement activity in addition to the training required in this Section.

(4)  The applicant has met any additional requirements deemed necessary by the secretary.

E.  All persons engaged in inspection activities shall be certified as inspectors.  To qualify for certification, an applicant shall show to the secretary satisfactory evidence of the following:

(1)  The applicant has satisfactorily completed a training course approved by the secretary as appropriate for an inspector.

(2)  The applicant has passed an examination administered by the secretary for this category.

(3)  The applicant has participated in or observed at least one abatement activity in addition to the training required in this Section.

(4)  The applicant has met any additional requirements deemed necessary by the secretary.

F.  The secretary shall determine appropriate standards for certification for additional categories or subcategories of certification established pursuant to La. Rev. Stat. 30:2351.3 and shall issue certificates to persons meeting those standards.

G.  To qualify for certification and for the renewal of certification, applicants shall submit the appropriate fee as prescribed in La. Rev. Stat. 30:2351.59

Acts 1993, No. 224, §1; Acts 1995, No. 1085, §1.