Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part I - General Provisions › Chapter 1 - General › Section I-101 - Definitions [formerly paragraph 1:001]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Words not defined in any Part or Chapter
				of the code shall have their common usage and meaning as stated in the
Merriam-Webster's Collegiate Dictionary-Tenth Edition
, as
				revised, and other similarly accepted reference texts. When the same word or
				term is defined in more than one Part or Chapter of the code, the definition
				contained within the particular Part or Chapter in which the word is contained
				shall be given preference as it pertains to that Part or Chapter. When a word
				or term is not defined in a Part or Chapter of the code but is cross-referenced
				to another Part or Chapter, it shall have the definition contained in the Part
				or Chapter to which it is cross-referenced.
B. Unless otherwise specifically provided
				herein, the following words and terms used in this Chapter are defined for the
				purposes thereof as follows.
Code
-state Sanitary Code.
Compliance Order
-a written notice issued by
				  the state health officer and the secretary of the department, which documents
				  violation(s) of the code and references the provision(s) of the code violated,
				  to the owner, manager, lessee or their agent, of an establishment, facility or
				  property, and specifies a time frame for compliance. The compliance order shall
				  be issued after violation(s) have been documented in an inspection and the same
				  violation(s) continue and are documented in a reinspection. The compliance
				  order shall inform the aggrieved party of the possible penalties for failure to
				  comply with the compliance order and the right of the aggrieved party to an
				  administrative appeal to the Division of Administrative Law. Nothing herein
				  shall be interpreted to prohibit the state health officer and the secretary of
				  the department to issue a written notice documenting violation(s) of the code,
				  referencing the provision(s) of the code violated and specifying a time frame
				  for compliance to such other persons as they deem necessary to aid in the
				  enforcement of the provisions of the code, including orders modifying,
				  suspending, or revoking permits, variances, or exemptions, and orders requiring
				  persons to comply with a rule, regulation, schedule or other requirement of the
				  state health officer.
CFR
-
Code of Federal
				  Regulations
.
Department
-the Louisiana Department of
				  Health.
EPA
-United States Environmental Protection
				  Agency.
FDA
-United States Food and Drug
				  Administration.
Emergency Situation
-any situation or
				  condition which warrants immediate enforcement measures more expedient than
				  normal administrative violation control and abatement procedures due to its
				  perceived imminent or potential danger to the public health.
Hazard
-a biological, chemical, or physical
				  property that may cause an unacceptable consumer health risk.
Imminent Health Hazard
-an emergency
				  situation that is a significant threat or danger to health that is considered
				  to exist when there is evidence sufficient to show that a product, practice,
				  circumstance, or event creates a situation that requires immediate correction
				  or cessation of operation to prevent injury or serious illness.
Law
-applicable local, state, and federal
				  statutes, regulations, and ordinances.
LSPC
-Louisiana State Plumbing Code, i.e.,
				  Part XIV (Plumbing) of this Code (LAC 51:XIV).
Notice of Violation
-a written notice issued
				  to the owner, manager, lessee or their agent of an establishment, facility or
				  property which documents the nature of the violation(s) of the code, including
				  a reference to the provision(s) of the code which have been violated, which
				  were observed during an inspection or investigation by a representative of the
				  state health officer. This term shall also include a written notice issued to
				  such other persons as may be deemed necessary who have violated or have been
				  alleged to violate the provisions of this code when such notice documents the
				  nature of the violation(s) of the code, including a reference to the
				  provision(s) of the code which have been violated, all of which were observed
				  or discovered either during an inspection or investigation by a representative
				  of the state health officer.
Person
-any natural person, individual,
				  partnership, corporation, limited liability company, association, governmental
				  subdivision, receiver, tutor, curator, executor, administrator, fiduciary, or
				  representative of another person, or public or private organization of any
				  character.
Secretary
-executive head and chief
				  administrative officer of the department who has been appointed by the governor
				  with the consent of the senate in accord with R.S. 40:253. This term shall also
				  include any acting secretary of the department and the secretary/acting
				  secretary's duly authorized representative(s).
Shall
-mandatory requirements.
Should
or
May
-recommended
				  or advisory procedures or equipment.
State Health Officer
-the individual
				  designated as "state health officer" pursuant to
				  R.S.
				  40:2 and, except for the purpose of issuing
				  variances, those individuals authorized to act on behalf thereof pursuant to
				  R.S.
				  40:4 and
				  40:5.
				  For the purpose of issuing variances, the term shall include any individual the
				  state health officer has personally and specifically designated to issue
				  variances on his/her behalf.
State Sanitary Code
-rules, regulations, and
				  provisions promulgated by the state health officer which covers matters within
				  his jurisdiction in accord with the authority granted under
				  R.S.
				  36:258(B),
				  R.S.40:4(A),
				  and
				  R.S.
				  40:5. Such rules, regulations, and provisions
				  are housed in Title 51 of the
Louisiana Administrative Code
(LAC), i.e., LAC 51.
Substantial Renovation
-
a.
i. alterations or repairs made within a 12 month period,
				  costing in excess of 50 percent of the then physical value of the existing
				  building; or
ii. alterations or repairs made within a 12 month period,
				  costing in excess of $15,000; or
iii. alterations or repairs made involving a change in
				  "occupancy classification" or use of the property;
b. the physical value of the building in Clause a.i of this
				  Paragraph may be established by an appraisal not more than three years old,
				  provided that said appraisal was performed by a certified appraiser or by the
				  tax assessor in the parish where the building is located;
c. the cost of alterations or repairs in Clause a.ii or a.iii
				  of this Paragraph may be established by:
i. an estimate signed by a licensed architect or a licensed
				  general contractor; or
ii. by copies of receipts for the actual costs;
d. the text contained in Subparagraphs a.i-c.ii continues to
				  apply when any particular portion of this code calls for an additional
				  requirement to the term substantial renovation (e.g., see LAC 51:XIV.411.A.1).
Violation
-a transgression of a Section,
				  Subsection, Paragraph, Subparagraph, Clause, Subclause, or any other divisions
				  thereof of the code.
Violations
are classified into four
				  classes corresponding to the severity of the
violation
:
Class A Violation
-violations that create a
				  condition or occurrence, which may result in death or serious harm to the
				  public. Class A civil fines shall be $100 per day per violation.
Class B Violation
-violations related to
				  permitting, submitting of plans, or training requirements. Class B civil fines
				  shall be $75 per day per violation.
Class C Violation
-violations that create a
				  condition or occurrence, which creates a potential for harm by indirectly
				  threatening the health and/or safety of the public or creates a nuisance to the
				  public. Class C civil fines shall be $50 per day per violation.
Class D Violation
-violations related to
				  administrative, ministerial, and other reporting requirements that do not
				  directly threaten the health or safety of the public. Class D civil fines shall
				  be $25 per day per violation.
Violator
-primarily, any person who has been
				  issued a Notice of Imposition of penalty for noncompliance with any provision
				  of a compliance order. Generally, this term shall also include persons who have
				  been issued a Notice of Violation wherein such person(s) is alleged to have
				  violated one or more provisions of the state sanitary code.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:4 and
				  R.S.
				  40:5(A)(3)(7)(17)(19)(20)(21).