§1285.7. Safety precautions; procedures for removal and repainting

A. Whenever a child or children under six years of age or person with an intellectual disability resides in any residential premises in which any paint, plaster, or other accessible materials contain dangerous levels of lead as defined pursuant to the provisions of this Part, after notification by the state health officer or his representative, the owner shall remove or cover said paint, plaster, or other material so as to make it inaccessible to children under six years of age or persons with intellectual disabilities. Whenever any such residential premises containing said dangerous levels of lead undergoes a change of ownership and as a result thereof, a child under six years of age or a person with an intellectual disability will become a resident therein, the new owner shall remove or cover said paint, plaster, or other material so as to make it inaccessible to such child or person.

B. Repainting with nonlead based paint, without removal of the offending paint, plaster, or other material shall not constitute compliance with this Section. Such removal or covering shall be performed as follows:

(1) All peeling paint, plaster or other material, on both interior and exterior surfaces and fixtures, shall be removed or adequately covered.

(2) Paint, plaster, or other material that is not peeling shall be removed or covered on window sills; door frames; windows, including mullions; stair rail spindles; stair treads; doors; stair rails; porch railings, and all other exterior and interior surfaces or fixtures that may be readily chewed by children or persons with intellectual disabilities.

C. This duty shall apply to every owner of residential premises whenever a child under six years of age or a person with an intellectual disability resides therein or whenever such premises undergoes a change of ownership and as a result thereof a child under six years of age or person with an intellectual disability shall reside therein, whether or not his premises have been inspected pursuant to R.S. 40:1285.4 or otherwise. The provisions of this Section shall be strictly construed and enforced so as to best protect the safety of residents of such dwellings.

D. Every owner of residential premises who violates the provisions of this Section shall commence correction of the condition constituting the violation within fifteen days after notification of the violation, which project shall be completed within thirty days.

Added by Acts 1972, No. 371, §1. Acts 1988, No. 626, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.27 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.