La. Admin. Code tit. 51 § I-101
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.
La. Admin. Code tit. 51, § I-101