La. Admin. Code tit. 51 § IV-109

Current through Register Vol. 50, No. 11, November 20, 2024

Section IV-109 - Required Control Measures [formerly paragraph 4:006]

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.

La. Admin. Code tit. 51, § IV-109

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1225 (June 2002).

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.