SB232: Bill Text

SB232,10,9 3. Any actions taken to reduce or eliminate the lead hazard.

SB232, s. 14 Section 14 . 254.166 (2) (e) of the statutes is created to read:

SB232,10,14 254.166 (2) (e) If an order is issued under par. (d), conduct or require a certified independent lead inspector or certified independent risk assessor to conduct a visual inspection, a check of work completed and dust tests for the presence of lead to ensure compliance.

Note: Section 11 amends current law to require, instead of permit, the DHFS to do all of the following if it determines a lead hazard is present in any dwelling or premises:

1. Cause to be posted in a conspicuous place upon the dwelling or premises a notice of the presence of a lead hazard.

2. Inform the local health officer of the results of the lead inspection and provide recommendations to reduce or eliminate the lead hazard.

3. Notify the occupant of the dwelling or premises that a lead hazard is present in the dwelling or premises.

4. Notify the owner of the dwelling or premises of the presence of a lead hazard.

Sections 12 and 13 amend the provision described in item 3., above, to require the DHFS to notify all of the occupants of a dwelling that a lead hazard is present. In addition, under the bill, the DHFS must notify the occupants of the results of any lead inspections conducted on or in the dwelling or premises and any actions taken to reduce or eliminate the lead hazard.

Section 14 also requires the DHFS to conduct or require a lead inspector or risk assessor to conduct a visual inspection, a check of work completed and dust tests for the presence of lead to ensure compliance with any order issued by the DHFS requiring reduction or elimination of a lead hazard.

SB232, s. 15 Section 15. 254.168 (intro.) of the statutes is renumbered 254.168 (1) (intro.) and amended to read:

SB232,11,5 254.168 (1) (intro.) Subject to the limitation under s. 254.174, the department may promulgate rules that, after June 30, 1998, require any of the following facilities to have periodic lead inspections at intervals determined by the department or to otherwise demonstrate that the facility does not contain a lead hazard, if any part of the facility was constructed after January 1, 1950, but before January 1, 1978:

Note: Amends current law to permit the DHFS to promulgate rules that require specified facilities that serve children to have periodic lead inspections if any part of the facility was constructed after January 1, 1950, but before January 1, 1978.

SB232, s. 16 Section 16. 254.168 (1) to (7) of the statutes are renumbered 254.168 (1) (a) to (g).

SB232, s. 17 Section 17. 254.168 (2m) of the statutes is created to read:

SB232,11,13 254.168 (2m) Subject to the limitation under s. 254.174, the department shall promulgate rules that require any of the facilities specified in sub. (1) (a) to (g) to have periodic lead inspections at intervals determined by the department or to otherwise demonstrate that the facility does not contain a lead hazard, if any part of the facility was constructed before January 1, 1950.

Note: Amends current law to require, instead of permit, the DHFS to promulgate rules that require specified facilities serving children to have periodic lead inspections if any part of the facility was constructed before January 1, 1950.

SB232, s. 18 Section 18. 254.17 of the statutes is repealed and recreated to read:

SB232,11,17 254.17 Prevention and control of lead-bearing paint hazards in pre-1950 dwellings. (1) Applicability. An owner of an occupied dwelling constructed in this state prior to January 1, 1950, shall do one of the following:

SB232,11,21 (a) Obtain a lead hazard screen or lead risk assessment in accordance with sub. (2), obtain a certificate of lead-free status or 2 consecutive certificates of abatement under sub. (2) (b), meet the requirements of subs. (3) and (5) and agree to comply with sub. (4).

SB232,12,4 (b) Meet the requirements of subs. (3), (5) and (6) and agree to comply with sub. (4). If a certified independent risk assessor determines that an owner is in conformity with this paragraph, the assessor shall issue a certificate of lead hazard reduction.

SB232,12,16 (2) Lead hazard screen or lead risk assessment. (a) An owner of a dwelling may have a lead hazard screen or a lead risk assessment conducted to determine whether the dwelling contains any lead hazards. If the owner elects this option, a lead hazard screen or lead risk assessment shall be conducted at least once every 12 to 18 months or, if a certificate of lead hazard reduction, lead hazard abatement or lead-free status has been issued for the dwelling, when the certificate expires. The certified independent risk assessor who conducts the lead hazard screen or lead risk assessment shall provide the owner with a report prepared in accordance with rules promulgated under s. 254.167. If the report indicates that the dwelling meets the criteria established by the department by rule for issuing a certificate of lead-free status, a certificate of abatement or a certificate of lead hazard reduction, the assessor shall issue the appropriate certificate.

SB232,12,19 (b) If the owner receives a certificate of lead-free status or 2 consecutive certificates of abatement as the result of one or more lead hazard screens or lead risk assessments, the owner shall be exempt from the requirements in sub. (6).

SB232,12,21 (c) If the owner receives a report for a lead hazard screen that indicates that the dwelling contains a lead hazard, the owner shall obtain a lead risk assessment.

SB232,12,23 (d) If the owner receives a report for a lead risk assessment that indicates that the dwelling contains a lead hazard, the owner shall do one of the following:

SB232,12,24 1. Control identified lead hazards pursuant to sub. (5).

SB232,13,3 2. If the owner owns a multifamily dwelling or multiple dwellings, have a certified independent risk assessor develop a lead hazard control plan that does all of the following:

SB232,13,8 a. Provides for the implementation of essential maintenance practices under sub. (3), for response to any report of a child with lead poisoning or lead exposure under sub. (4) and for control of identified lead-bearing paint hazards under sub. (5) based on the schedule set forth in the plan using effective lead hazard control techniques and sufficient dust testing for the presence of lead.

SB232,13,11 b. Prioritizes lead hazard controls in any unit occupied or frequented by a child under age 6 by making lead-bearing paint hazard control of those units subject to an accelerated schedule.

SB232,13,17 c. Specifies the percentage of all units in which lead-bearing paint hazards must be controlled within a determined period, with first priority to every unit housing a child under age 6, and requires the owner to phase in implementation of lead hazard control activities in a specified percentage of units within a specified period of time until lead-bearing paint hazards have been controlled in a specified number of the units.

SB232,13,21 d. Requires the owner to inform each tenant with whom a child under age 6 resides of the availability of unoccupied units in which all lead-bearing paint hazards have been controlled and to seek to match each tenant with whom a child under age 6 resides with a unit that contains no lead-bearing paint hazards.

SB232,13,23 e. Establishes a protocol for maintenance and specialized cleaning of units at the time of occupant turnover.

SB232,13,25 f. Establishes a strategy and protocol for lead-bearing paint hazard control in common areas, based on the results of the lead risk assessment.

SB232,14,3 g. Establishes a schedule for ongoing monitoring by a certified independent risk assessor, including periodic visual inspection of the dwelling and sampling of dust levels for the presence of lead.

SB232,14,5 (3) Essential maintenance practices. An owner shall perform the following essential maintenance practices:

SB232,14,8 (a) Visual inspection and repair. 1. Visually inspect for deteriorating paint every 12 months. An owner of a rental or leased dwelling shall also conduct such an inspection at the time of unit tenant or lessee turnover.

SB232,14,12 2. Promptly repair deteriorating paint and the cause of deterioration. The department may specify by rule a minimum square footage per room of deteriorating paint to which this subdivision would not apply and shall define the term "promptly" by rule.

SB232,14,13 (b) Tenant notification. For a rental or leased dwelling, do all of the following:

SB232,14,15 1. Comply with environmental protection agency real estate lead disclosure and notification requirements.

SB232,14,16 2. Inform tenants of how to report deteriorating paint to the owner.

SB232,14,19 3. Provide tenants with a form developed by the department by rule on which tenants may list the ages of any children under age 6 residing in the rental or leased dwelling.

SB232,14,21 4. Inform tenants of how they may report any changes to the information provided on the form.

SB232,15,5 (c) Training maintenance staff. For a rental or leased dwelling, at a minimum, require the person responsible for maintenance to complete an 8-hour training course that provides basic information on lead-bearing paint hazards and good practices for operations and maintenance and interim controls. The person responsible for maintenance shall ensure that maintenance workers either complete the 8-hour training course or have a clear understanding of lead-bearing paint hazards, unsafe work practices, occupant protection and methods for cleaning areas where dust with lead may be present. The person responsible for maintenance shall provide adequate oversight of workers who have not taken the training course.

SB232,15,8 (d) Safe work practices. In performing any repair or remodeling, including repairs required under par. (a) 2., follow the safe work practices and avoid the unsafe work practices established by the department by rule under s. 254.177 (1) (c) and (d).

SB232,15,11 (4) Response to notification of child with lead poisoning or lead exposure. (a) The owner of a dwelling who receives notification that a child who resides in the dwelling has lead poisoning or lead exposure shall do all of the following:

SB232,15,13 1. Cooperate with department or local health department officials investigating the child's case under s. 254.166.

SB232,15,16 2. Take precautions to protect occupants and their belongings from exposure to lead in the course of lead hazard reduction in occupied dwellings, including temporary relocation of occupants and their belongings as necessary.

SB232,15,20 (b) No owner of a dwelling who receives notification that a child who resides in the dwelling has lead poisoning or lead exposure may retaliate by seeking to evict the occupant, coercing the occupant to vacate the dwelling, raising the rent or turning off the utilities.

SB232,15,24 (5) Control of identified lead hazards. (a) Timing of hazard controls. If an inspection under s. 254.172 (1) or an assessment of a dwelling under sub. (2) indicates that the dwelling contains a lead hazard, the owner shall control the lead hazard as follows:

SB232,16,5 1. For an interior lead hazard in a dwelling or unit for which the owner receives a form under sub. (3) (b) indicating that a child under age 6 is a resident, the hazard shall be controlled as soon as possible but no later than 30 days from the date of the inspector's or assessor's report. In other dwellings or units, the owner shall make repairs no later than at the time of unit occupant turnover.

SB232,16,9 2. For a lead hazard in an interior common area of a multifamily dwelling known to be occupied or frequented by a child under age 6, the hazard shall be controlled as soon as possible but no later than 30 days from the date of the inspector's or assessor's report.

SB232,16,13 3. For a lead hazard on an exterior porch, the hazard shall be controlled as soon as possible but no later than 30 days from the date of the inspector's or assessor's report, except that, for hazards discovered between October 1 and May 1, the hazard shall be controlled no later than the following June 1.

SB232,16,17 4. For exterior lead hazards other than those under subd. 3., as soon as possible but no later than 60 days from the date of the inspector's or assessor's report, except that, for hazards discovered between October 1 and May 1, the hazard shall be controlled no later than the following June 1.

SB232,16,21 (b) Hazard control options. The owner shall control a lead hazard in the manner that the owner determines is most appropriate using interim control activities or lead hazard abatement, or a combination of them, unless one of the following conditions exists:

SB232,16,23 1. The inspector's or assessor's report indicates that interim controls are inappropriate.

SB232,16,25 2. Interim controls on a surface or component have twice failed to reduce the lead hazard.

SB232,17,2 3. The department, the local health department or a court has ordered the lead hazard to be abated, as defined by the department by rule.

SB232,17,4 (c) Work practices. The owner shall avoid unsafe practices and follow the safe work practices established by the department by rule under s. 254.177 (1) (c).

SB232,17,8 (d) Occupant protection. The owner shall take precautions to protect occupants and their belongings from lead exposure in the course of lead hazard control activities in occupied units, including temporary relocation of occupants and their belongings as necessary.

SB232,17,13 (e) Dust testing for the presence of lead. The owner shall have dust testing for the presence of lead that conforms with guidelines or regulations created by the federal department of housing and urban development performed by a certified independent risk assessor or a certified independent lead inspector at the conclusion of lead hazard control activities.

SB232,17,15 (6) Standard treatments. Unless exempted under sub. (2) (b), an owner shall ensure that standard treatments are performed as follows:

SB232,17,17 (a) Who may perform. Standard treatments shall be performed by trained maintenance staff who have sufficient knowledge of lead hazards.

SB232,17,19 (b) Elements of standard treatments. Standard treatments shall consist of treatment measures established by the department by rule under s. 254.177 (1) (e).

SB232,18,3 (c) Timing of standard treatments. For owner-occupied dwellings, standard treatments shall be performed every 12 months in a dwelling that has been occupied continuously for at least 12 months by a family with a child under age 6. For rental or leased dwellings, standard treatments shall be performed every 12 months in the dwelling or a unit of the dwelling for which the owner receives a form under sub. (3) (b) indicating that a child under age 6 resides there. In addition, owners of rental or leased dwellings shall perform standard treatments at the time of unit occupant turnover unless those treatments were performed in the unit within the last 12 months.

Note: Repeals and recreates the provision of current law relating to lead inspections of rental and leased property. Specifically, this Section creates requirements for prevention and control of lead-bearing paint hazards in an occupied dwelling constructed prior to January 1, 1950.

The bill requires owners of pre-1950 dwellings to either: (1) obtain a lead hazard screen or risk assessment, obtain a certificate of lead-free status or 2 consecutive certificates of abatement, perform essential maintenance practices, control identified lead hazards and agree to comply with required actions when notified of a child with lead poisoning or lead exposure; or (2) perform essential maintenance practices and standard treatments, control identified lead hazards and agree to comply with required actions when notified of a child with lead poisoning or lead exposure. The bill specifies how often lead hazard screens or risk assessments must be conducted and how an owner must respond to the results. The bill also gives owners of multifamily dwellings or multiple dwellings the option of developing a lead hazard control plan to conduct lead hazard controls in phases.

For the standard treatments, the bill specifies that they must be done by trained maintenance staff. For owner-occupied dwellings, the bill requires that standard treatments be done every 12 months in dwellings in which a child under age 6 lives. For rental or leased dwellings, standard treatments must be performed every 12 months in a unit if the owner receives a form indicating that a child under age 6 lives in the unit. Standard treatments must also be performed at unit turnover in rental or leased properties unless they were performed in the last 12 months.

The essential maintenance practices require the owner to perform a visual inspection for deteriorating paint every 12 months. An owner of rental or leased property must also conduct such an inspection at the time of unit turnover. The owner must promptly repair deteriorating paint and the cause of deterioration.

Under the essential maintenance practices, an owner of a rental or leased dwelling must comply with the federal Environmental Protection Agency (EPA) real estate lead disclosure and notification requirements and must inform tenants of how to report deteriorating paint to the owner. An owner of a rental or leased dwelling must also require the person responsible for maintenance to complete an 8-hour training course that provides basic information on lead-bearing paint hazards and good practices for operations and maintenance and interim controls. Under the bill, the person responsible for maintenance must ensure that maintenance workers are properly trained or supervised. Finally, any owner of a dwelling constructed prior to 1950, in performing any repair or remodeling, must use safe work practices to avoid creating lead-bearing paint hazards during on-site work that disturbs paint that may contain lead and must avoid unsafe paint removal practices.

The bill also specifies how an owner must respond to notification that a child under age 18 who resides in the owner's dwelling has lead poisoning or lead exposure. The bill prohibits the owner from retaliating against a tenant based on such a notification.

The bill also specifies time limits for controlling lead hazards, based upon where in the dwelling they are located, and the options for hazard control. The bill requires the owner to use safe work practices and protect occupants and their belongings when controlling lead hazards. Finally, the bill requires dust testing for the presence of lead by a certified independent risk assessor or lead inspector at the conclusion of lead hazard control activities.

SB232, s. 19 Section 19. 254.17 (3) (b) 3. and (6) (c) of the statutes, as affected by 1999 Wisconsin Act .... (this act), are amended to read:

SB232,19,5 254.17 (3) (b) 3. Provide tenants with a form developed by the department by rule on which tenants may list the ages of any children under age 6 residing in the rental or leased dwelling.

SB232,19,14 (6) (c) Timing of standard treatments. For owner-occupied dwellings, standard treatments shall be performed every 12 months in a dwelling that has been occupied continuously for at least 12 months by a family with a child under age 6. For rental or leased dwellings, standard treatments shall be performed every 12 months in the dwelling or a unit of the dwelling for which the owner receives a form under sub. (3) (b) indicating that a child under age 6 resides there. In addition, owners of rental or leased dwellings shall perform standard treatments at the time of unit occupant turnover unless those treatments were performed in the unit within the last 12 months.

Note: Amends s. 254.17 (3) (b) and (6) (c), as created by the bill, to require that owners perform standard treatments every 12 months in dwellings or units in which a child resides who is under age 18, instead of age 6.

Under the effective date clause of the bill, this provision takes effect 5 years after the general effective date of the act.

SB232, s. 20 Section 20. 254.171 of the statutes is created to read:

SB232,19,19 254.171 Demolition of buildings constructed before January 1, 1978. If the department promulgates rules under s. 254.177 (2), a person who demolishes a building constructed before January 1, 1978, shall comply with the rules in the course of the demolition.

Note: Requires a person who demolishes a building constructed before January 1, 1978, to comply with any rules promulgated by the department under s. 254.177 (2) in the course of the demolition.

SB232, s. 21 Section 21. 254.172 of the statutes is repealed and recreated to read:

SB232,20,9 254.172 Prevention and control of lead-bearing paint hazards in dwellings constructed between 1950 and 1977. (1) If the owner of a dwelling constructed in this state on or after January 1, 1950, but before January 1, 1978, has a certified independent lead inspector or risk assessor conduct an inspection of the dwelling, the inspection shall be conducted and a report shall be issued in accordance with rules promulgated under s. 254.167. If the report indicates that the dwelling meets the criteria established by the department by rule for issuing a certificate of lead-free status, a certificate of abatement or a certificate of lead hazard reduction, the inspector or assessor shall issue a certificate as appropriate.

SB232,20,13 (2) If a certified independent risk assessor determines that the owner of a dwelling constructed in this state on or after January 1, 1950, but before January 1, 1978, meets the requirements of s. 254.17 (3) and (5) and agrees to comply with s. 254.17 (4), the inspector or assessor shall issue a certificate of lead hazard reduction.

Note: Repeals and recreates the provision of current law relating to lead hazard reduction. Specifically, this Section creates voluntary requirements for the prevention and control of lead-bearing paint hazards in dwellings built on or after January 1, 1950 but before January 1, 1978.

The bill permits owners of dwellings constructed on or after January 1, 1950 but before January 1, 1978 to either have a certified independent lead inspector or risk assessor conduct an inspection of the dwelling or meet the essential maintenance practices and lead hazard control requirements and agree to comply with the required actions when notified of a child with lead poisoning or lead exposure for pre-1950 dwellings.

SB232, s. 22 Section 22 . 254.173 of the statutes is created to read:

SB232,20,17 254.173 Immunity from liability for lead poisoning or lead exposure; restrictions. (1) Legislative findings and purpose. (a) The legislature finds all of the following:

SB232,21,4 1. That a national task force appointed by the federal department of housing and urban development, the task force on lead-based paint hazard reduction and financing, found that 1,700,000 children under 6 years of age have blood lead levels at or above the federally established level of concern. The task force also found that the most common cause of childhood lead poisoning is ingestion of lead-contaminated surface dust from lead-bearing paint and the other significant cause is dust from bare lead-contaminated soil.

SB232,21,9 2. That high levels of lead in a child's blood can cause permanent nervous system damage and even relatively low blood lead levels can cause significant nervous system effects. Of 58,797 children who were screened in this state in fiscal year 1995-96, 11,170, or 19%, were newly identified as having blood lead levels that constitute lead poisoning or lead exposure.

SB232,21,19 (b) The legislature encourages property owners to address the problems associated with lead-bearing paint by bringing their property into compliance with the applicable state standards and finds that an appropriate method to so encourage property owners is to hold them not liable with respect to a person who develops lead poisoning or lead exposure in the property. The purpose of these standards and this restriction on liability is to reduce the exposure of children and others to lead-bearing paints, thereby substantially reducing the number of persons who develop lead poisoning or lead exposure. In addition, these standards and this restriction on liability will improve the quality of this state's housing stock and result in greater availability of insurance coverage for lead hazards.