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]

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.