Louisiana Administrative Code
Title 51 - PUBLIC HEALTH-SANITARY CODE
Part IV - Lead Poisoning Control
Chapter 1 - Lead Contamination
Section IV-109 - Required Control Measures [formerly paragraph 4:006]
Universal Citation: LA Admin Code IV-109
Current through Register Vol. 50, No. 9, September 20, 2024
A. When lead contamination is found in a dwelling, the following actions shall be taken.
1. [formerly paragraph 4:006-1] The
inspection findings shall be reported in writing immediately to the parent or
guardian, owner and/or operator of the building, all affected tenants, the
person having medical management of the lead poisoning case, and the state
health officer Additionally, any findings as to behavior or habits of the
person with lead poisoning which might be causative of lead poisoning shall be
reported to the person having medical management.
2. [formerly paragraph 4:006-2] The parent or
guardian of the person with lead poisoning and the owner and/or operator of the
building shall be notified that such that such person and other children should
immediately be protected from the lead hazard, either by removal from the
dwelling, isolation of the contamination, or other method approved by the state
health officer, until the hazard is abated.
3. [formerly paragraph 4:006-3] A notice
shall be prominently posted on the main entrance of the dwelling that the
premises contains levels of lead hazardous to children and other persons and
that such persons should not occupy the building until the hazard has been
abated.
a. Such notice may not be removed
until the state health officer determines that the hazard has been
abated.
b. Unauthorized intentional
removal of the notice shall subject the offender to a fine of $500 as provided
in
R.S.40:1299.24(C).
4. [formerly paragraph 4:006-4]
The state health officer shall strongly encourage the examination of all
children and other persons residing, or who have recently resided in the
dwelling.
5. [formerly paragraph
4:006-5] If, within 30 days of notification of the existence of lead
contamination, the parent or guardian and/or the owner or operator of the
building have not taken adequate measures to protect the person with lead
poisoning and children and other persons from the lead hazard, they shall be
invited to attend a conference at the local health unit or other site
designated by the state health officer. Invitees shall be given at least 10
days advance notice of the conference; shorter notice may be given if mutually
agreeable. Present at the conference shall be: the inspector or other Office of
Public Health representative familiar with the inspection results, the person
having medical management of the poisoning case or other person familiar with
the case, and if possible, a social worker.
6. [formerly paragraph 4:006-6] The purpose
of the conference shall be to inform the invitees of the hazard to the person
with lead poisoning, and to children and other persons, the necessity for
protecting such persons from the lead hazard, and to develop a plan of action
to accomplish such. Such plan should include removal of the persons at risk,
abatement of the hazard, or other steps approved by the state health officer. A
written or electronic record of the conference shall be kept. At the conclusion
of the conference, the invitees shall be requested to sign a statement that
they understand the hazard to the child, and that they agree to accomplish the
plan of action by a mutually agreed upon date. Such statement shall be made
part of the conference record.
7.
[formerly paragraph 4:006-7] If, at any time, the state health officer
determines that a child with lead poisoning and other children in the family
are at risk and are likely to remain so without intervention beyond that
outlined above, he shall notify the appropriate child protection agency and/or
other agency of the particulars of the case.
AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4 and 5. In particular, see R.S. 40:1299.20 et seq.
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