Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part IV - Lead Poisoning Control › Chapter 1 - Lead Contamination › Section IV-101 - Definitions [formerly paragraph 4:001]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless otherwise specifically provided
				herein, the following words and terms used in this Part of the sanitary code
				and all other Parts which are adopted or may be adopted, are defined for the
				purposes thereof as follows.
Abate
-to remove, isolate, cover with
				  permanently affixed lead-free covering incapable of being readily chewed
				  through, pierced, torn or removed, or to otherwise make inaccessible to
				  children or other persons, sources of lead contamination. Painting over
				  lead-based paint with non-lead paint shall not constitute abatement; however,
				  liquid encapsulant formulated and warranted by the manufacturer for such
				  purpose may be used. Contaminated soil may be covered with uncontaminated
				  topsoil or vegetation, if approved by the state health officer.
Chewable Surface
-shall include, but not be
				  limited to, such surfaces as window sills, window frames, door frames,
				  handrails, toys, furniture, and other appurtenances offering a biting surface
				  to a child or other person.
Child
-as used in this Part shall mean a
				  child under six years of age.
Dwelling
-a building or structure occupied
				  or designed or intended to be occupied as a place of human habitation and use,
				  and construed to include any accessory building or structure belonging thereto
				  or usually enjoined therewith.
Dwelling Unit
-any room or group of rooms or
				  other interior area of a dwelling designed or used for human habitation.
Exposed Surface
-all surfaces of a premises
				  which are readily accessible to any person. Such surfaces include structural
				  components, walls, and siding from floor or ground level to a vertical distance
				  of at least 5 feet. Any area subject to contamination from flaking, peeling or
				  chalking lead based materials is also considered an exposed surface.
Lead Contamination
-shall include: paint or
				  similar coating material, putty, plaster or other composition material, on a
				  exposed surface or chewable surface, which contains 0.5 percent lead by weight
				  as determined by laboratory analysis or 1.0 milligram per square centimeter of
				  surface area as measured by X-ray fluorescence or equivalent method; drinking
				  water, dust, or soil which contains a level of lead which, in the judgment of
				  the state health officer, is sufficient to be a source of lead poisoning to
				  children or other persons; any object or material which, in the judgment of the
				  state health officer, can be a source of lead ingestion or inhalation.
Lead Poisoning
-a blood lead level hazardous
				  to health as established by the state health officer.
Occupant
-any person living, sleeping,
				  cooking, eating in or having actual possession of a dwelling or dwelling
				  unit.
Operator
-any person who has charge, care or
				  control of a building or part thereof in which dwelling units are let.
Other Person
-as used in this Part shall
				  mean a person, other than a child under six years of age, deemed by the state
				  health officer to be at risk of lead poisoning because of mental state,
				  physiological condition, or behavioral traits.
Owner
-a holder of any legal or equitable
				  estate in the premises, whether alone or jointly with others, and whether in
				  possession or not.
Premises
-a lot, plot or parcel of land or
				  part thereof including all facilities and improvements thereon.
Surface
-the outermost layer of the
				  superficial area of a premises.
AUTHORITY NOTE: The
				  first source of authority for promulgation of the sanitary code is in
				  R.S.
				  36:258 (B), with more particular provisions
				  found in Chapters 1 and 4 of Title 40. This Part is promulgated in accordance
				  with provisions of
				  R.S.
				  40:4 and 5. In particular, see the specific
				  provisions in
				  R.S.
				  40:1299.20, et
				  seq.