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words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 211
BY SENATOR MORRELL
AN ACT1
To enact R.S. 30:2351.1(6) and 2351.53, relative to environmental quality; to require certain2
child-occupied facilities to publicly disclose any lead hazards, abatement activities3
or testing; to provide for notice to parents or legal guardians of children enrolled at4
such facilities; to provide terms and conditions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 30:2351.1(6) and 2351.53 are hereby enacted to read as follows:7
§2351.1. Definitions8
As used in this Chapter, unless the context indicates otherwise, the following9
terms have the following meanings:10
* * *11
(6) "Child-occupied facility" means a building or portion of a building12
or common area, other than the child's principal residence, constructed prior13
to 1978, and meeting one of the following:14
(a) Is visited regularly by the same child, who is six years of age or15
younger, on at least two different days within any week, provided that each16
day's visit lasts at least three hours, that the combined weekly visits last at least17
six hours, and the combined annual visits last at least sixty hours. Examples of18
child-occupied facilities include but are not limited to public and non-public19
elementary schools, day care centers, parks, playgrounds, and community20
centers.21
(b) Has been determined by the department, in conjunction with the22
ACT No. 736 SB NO. 211 ENROLLED
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words in boldface type and underscored are additions.
state health officer, to be a significant risk because of its contribution to lead1
poisoning or lead exposure to children who are six years of age or younger.2
(c) Is a child-occupied unit and common area in a multi-use building.3
* * *4
§2351.53. Reporting of lead hazards at child-occupied facilities5
A. The secretary shall notify the State Board of Elementary and6
Secondary Education and the Department of Children and Family Services that7
notification of lead hazards, lead abatement activities, or any lead testing8
performed which exceeds applicable standards in any licensed day care center,9
preschool, or public or non-public elementary school facility first placed into10
operation after August 1, 2012, that qualifies as a child-occupied facility is11
required by this Chapter.12
B. For a child-occupied facility subject to this Section, the owner and the13
inspector shall jointly provide notification in writing to the secretary and the14
state health officer within ninety days of receipt of reports of lead hazards, lead15
abatement activities, or any lead testing performed which exceeds applicable16
standards. A copy of the notification shall be displayed in a prominent location17
at the child-occupied facility subject to this Section.18
C. A child-occupied facility subject to this Section shall provide19
notification to all parents or legal guardians of each child enrolled at the facility20
of lead abatement activities, lead testing which exceeds applicable standards or21
lead hazard reduction activities performed at the facility or on its grounds. The22
notification shall be made by written or electronic means, such as email or23
posting on the facility's website.24
D. The notification required in this Section shall not be required if a25
facility or its grounds has been inspected or has been the subject to lead26
abatement or remediation prior to August 1, 2012. If a portion of the facility27
or its grounds has not been inspected or been the subject of lead abatement or28
remediation prior to August 1, 2012, then that portion of the facility or its29
grounds shall be subject to the provisions of this Section. The owner or30 SB NO. 211 ENROLLED
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operator of the facility shall maintain documentation that the inspection, lead1
abatement or remediation activities were conducted in accordance with2
applicable requirements.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: