La. Stat. Ann. § R.S. 40:1285.7
Safety precautions; procedures for removal and repainting
Operative Text
§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.
La. R.S. § 40:1285.7 establishes rules for how residential property owners must address dangerous lead levels in paint, plaster, or other accessible materials when a child under six or a person with an intellectual disability lives in or moves into the home. Simply painting over the problem with non-lead-based paint does not satisfy the law; the hazardous material must be physically removed or covered in a way that makes it inaccessible. Owners who receive notice of a violation have fifteen days to begin corrective work and thirty days to complete it.
Plain English — not legal advice.
Under La. R.S. § 40:1285.7, property owners who receive notification of dangerous lead levels from the state health officer are expected to promptly remove or adequately cover the offending paint, plaster, or other material — not merely repaint over it. Compliant operators pay particular attention to surfaces children or persons with intellectual disabilities can readily reach or chew, such as window sills, door frames, stair rails, and porch railings, on both interior and exterior surfaces. When a property changes hands and a qualifying resident will move in, the new owner assumes this same duty, and the fifteen-day-to-start, thirty-day-to-complete timeline applies upon notice of any violation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
La. R.S. § 40:1285.7 gives residents — particularly households with children under six or persons with intellectual disabilities — the protection of strict lead-hazard remediation requirements that apply to their landlord. If dangerous lead levels are identified and the owner fails to act within the required timeframes, tenants may have grounds to raise that failure in a legal proceeding or file a complaint with the Louisiana Department of Health, which oversees lead-related notifications under this Part. Tenant-rights organizations can help residents understand what documentation to gather and what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation