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
6Section
16. 254.168 (1) to (7) of the statutes are renumbered 254.168 (1) (a)
7to (g).
SB232, s. 17
8Section
17. 254.168 (2m) of the statutes is created to read:
SB232,11,139
254.168
(2m) Subject to the limitation under s. 254.174, the department shall
10promulgate rules that require any of the facilities specified in sub. (1) (a) to (g) to have
11periodic lead inspections at intervals determined by the department or to otherwise
12demonstrate that the facility does not contain a lead hazard, if any part of the facility
13was 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
14Section
18. 254.17 of the statutes is repealed and recreated to read:
SB232,11,17
15254.17 Prevention and control of lead-bearing paint hazards in
16pre-1950 dwellings. (1) Applicability. An owner of an occupied dwelling
17constructed in this state prior to January 1, 1950, shall do one of the following:
SB232,11,2118
(a) Obtain a lead hazard screen or lead risk assessment in accordance with sub.
19(2), obtain a certificate of lead-free status or 2 consecutive certificates of abatement
20under sub. (2) (b), meet the requirements of subs. (3) and (5) and agree to comply with
21sub. (4).
SB232,12,4
1(b) Meet the requirements of subs. (3), (5) and (6) and agree to comply with sub.
2(4). If a certified independent risk assessor determines that an owner is in
3conformity with this paragraph, the assessor shall issue a certificate of lead hazard
4reduction.
SB232,12,16
5(2) Lead hazard screen or lead risk assessment. (a) An owner of a dwelling
6may have a lead hazard screen or a lead risk assessment conducted to determine
7whether the dwelling contains any lead hazards. If the owner elects this option, a
8lead hazard screen or lead risk assessment shall be conducted at least once every 12
9to 18 months or, if a certificate of lead hazard reduction, lead hazard abatement or
10lead-free status has been issued for the dwelling, when the certificate expires. The
11certified independent risk assessor who conducts the lead hazard screen or lead risk
12assessment shall provide the owner with a report prepared in accordance with rules
13promulgated under s. 254.167. If the report indicates that the dwelling meets the
14criteria established by the department by rule for issuing a certificate of lead-free
15status, a certificate of abatement or a certificate of lead hazard reduction, the
16assessor shall issue the appropriate certificate.
SB232,12,1917
(b) If the owner receives a certificate of lead-free status or 2 consecutive
18certificates of abatement as the result of one or more lead hazard screens or lead risk
19assessments, the owner shall be exempt from the requirements in sub. (6).
SB232,12,2120
(c) If the owner receives a report for a lead hazard screen that indicates that
21the dwelling contains a lead hazard, the owner shall obtain a lead risk assessment.
SB232,12,2322
(d) If the owner receives a report for a lead risk assessment that indicates that
23the dwelling contains a lead hazard, the owner shall do one of the following:
SB232,12,2424
1. Control identified lead hazards pursuant to sub. (5).
SB232,13,3
12. If the owner owns a multifamily dwelling or multiple dwellings, have a
2certified independent risk assessor develop a lead hazard control plan that does all
3of the following:
SB232,13,84
a. Provides for the implementation of essential maintenance practices under
5sub. (3), for response to any report of a child with lead poisoning or lead exposure
6under sub. (4) and for control of identified lead-bearing paint hazards under sub. (5)
7based on the schedule set forth in the plan using effective lead hazard control
8techniques and sufficient dust testing for the presence of lead.
SB232,13,119
b. Prioritizes lead hazard controls in any unit occupied or frequented by a child
10under age 6 by making lead-bearing paint hazard control of those units subject to
11an accelerated schedule.
SB232,13,1712
c. Specifies the percentage of all units in which lead-bearing paint hazards
13must be controlled within a determined period, with first priority to every unit
14housing a child under age 6, and requires the owner to phase in implementation of
15lead hazard control activities in a specified percentage of units within a specified
16period of time until lead-bearing paint hazards have been controlled in a specified
17number of the units.
SB232,13,2118
d. Requires the owner to inform each tenant with whom a child under age 6
19resides of the availability of unoccupied units in which all lead-bearing paint
20hazards have been controlled and to seek to match each tenant with whom a child
21under age 6 resides with a unit that contains no lead-bearing paint hazards.
SB232,13,2322
e. Establishes a protocol for maintenance and specialized cleaning of units at
23the time of occupant turnover.
SB232,13,2524
f. Establishes a strategy and protocol for lead-bearing paint hazard control in
25common areas, based on the results of the lead risk assessment.
SB232,14,3
1g. Establishes a schedule for ongoing monitoring by a certified independent
2risk assessor, including periodic visual inspection of the dwelling and sampling of
3dust levels for the presence of lead.
SB232,14,5
4(3) Essential maintenance practices. An owner shall perform the following
5essential maintenance practices:
SB232,14,86
(a)
Visual inspection and repair. 1. Visually inspect for deteriorating paint
7every 12 months. An owner of a rental or leased dwelling shall also conduct such an
8inspection at the time of unit tenant or lessee turnover.
SB232,14,129
2. Promptly repair deteriorating paint and the cause of deterioration. The
10department may specify by rule a minimum square footage per room of deteriorating
11paint to which this subdivision would not apply and shall define the term "promptly"
12by rule.
SB232,14,1313
(b)
Tenant notification. For a rental or leased dwelling, do all of the following:
SB232,14,1514
1. Comply with environmental protection agency real estate lead disclosure
15and notification requirements.
SB232,14,1616
2. Inform tenants of how to report deteriorating paint to the owner.
SB232,14,1917
3. Provide tenants with a form developed by the department by rule on which
18tenants may list the ages of any children under age 6 residing in the rental or leased
19dwelling.
SB232,14,2120
4. Inform tenants of how they may report any changes to the information
21provided on the form.
SB232,15,522
(c)
Training maintenance staff. For a rental or leased dwelling, at a minimum,
23require the person responsible for maintenance to complete an 8-hour training
24course that provides basic information on lead-bearing paint hazards and good
25practices for operations and maintenance and interim controls. The person
1responsible for maintenance shall ensure that maintenance workers either complete
2the 8-hour training course or have a clear understanding of lead-bearing paint
3hazards, unsafe work practices, occupant protection and methods for cleaning areas
4where dust with lead may be present. The person responsible for maintenance shall
5provide adequate oversight of workers who have not taken the training course.
SB232,15,86
(d)
Safe work practices. In performing any repair or remodeling, including
7repairs required under par. (a) 2., follow the safe work practices and avoid the unsafe
8work practices established by the department by rule under s. 254.177 (1) (c) and (d).
SB232,15,11
9(4) Response to notification of child with lead poisoning or lead exposure. 10(a) The owner of a dwelling who receives notification that a child who resides in the
11dwelling has lead poisoning or lead exposure shall do all of the following:
SB232,15,1312
1. Cooperate with department or local health department officials
13investigating the child's case under s. 254.166.
SB232,15,1614
2. Take precautions to protect occupants and their belongings from exposure
15to lead in the course of lead hazard reduction in occupied dwellings, including
16temporary relocation of occupants and their belongings as necessary.
SB232,15,2017
(b) No owner of a dwelling who receives notification that a child who resides
18in the dwelling has lead poisoning or lead exposure may retaliate by seeking to evict
19the occupant, coercing the occupant to vacate the dwelling, raising the rent or
20turning off the utilities.
SB232,15,24
21(5) Control of identified lead hazards. (a)
Timing of hazard controls. If an
22inspection under s. 254.172 (1) or an assessment of a dwelling under sub. (2)
23indicates that the dwelling contains a lead hazard, the owner shall control the lead
24hazard as follows:
SB232,16,5
11. For an interior lead hazard in a dwelling or unit for which the owner receives
2a form under sub. (3) (b) indicating that a child under age 6 is a resident, the hazard
3shall be controlled as soon as possible but no later than 30 days from the date of the
4inspector's or assessor's report. In other dwellings or units, the owner shall make
5repairs no later than at the time of unit occupant turnover.
SB232,16,96
2. For a lead hazard in an interior common area of a multifamily dwelling
7known to be occupied or frequented by a child under age 6, the hazard shall be
8controlled as soon as possible but no later than 30 days from the date of the
9inspector's or assessor's report.
SB232,16,1310
3. For a lead hazard on an exterior porch, the hazard shall be controlled as soon
11as possible but no later than 30 days from the date of the inspector's or assessor's
12report, except that, for hazards discovered between October 1 and May 1, the hazard
13shall be controlled no later than the following June 1.
SB232,16,1714
4. For exterior lead hazards other than those under subd. 3., as soon as possible
15but no later than 60 days from the date of the inspector's or assessor's report, except
16that, for hazards discovered between October 1 and May 1, the hazard shall be
17controlled no later than the following June 1.
SB232,16,2118
(b)
Hazard control options. The owner shall control a lead hazard in the
19manner that the owner determines is most appropriate using interim control
20activities or lead hazard abatement, or a combination of them, unless one of the
21following conditions exists:
SB232,16,2322
1. The inspector's or assessor's report indicates that interim controls are
23inappropriate.
SB232,16,2524
2. Interim controls on a surface or component have twice failed to reduce the
25lead hazard.
SB232,17,2
13. The department, the local health department or a court has ordered the lead
2hazard to be abated, as defined by the department by rule.
SB232,17,43
(c)
Work practices. The owner shall avoid unsafe practices and follow the safe
4work practices established by the department by rule under s. 254.177 (1) (c).
SB232,17,85
(d)
Occupant protection. The owner shall take precautions to protect occupants
6and their belongings from lead exposure in the course of lead hazard control
7activities in occupied units, including temporary relocation of occupants and their
8belongings as necessary.
SB232,17,139
(e)
Dust testing for the presence of lead. The owner shall have dust testing for
10the presence of lead that conforms with guidelines or regulations created by the
11federal department of housing and urban development performed by a certified
12independent risk assessor or a certified independent lead inspector at the conclusion
13of lead hazard control activities.
SB232,17,15
14(6) Standard treatments. Unless exempted under sub. (2) (b), an owner shall
15ensure that standard treatments are performed as follows:
SB232,17,1716
(a)
Who may perform. Standard treatments shall be performed by trained
17maintenance staff who have sufficient knowledge of lead hazards.
SB232,17,1918
(b)
Elements of standard treatments. Standard treatments shall consist of
19treatment measures established by the department by rule under s. 254.177 (1) (e).
SB232,18,320
(c)
Timing of standard treatments. For owner-occupied dwellings, standard
21treatments shall be performed every 12 months in a dwelling that has been occupied
22continuously for at least 12 months by a family with a child under age 6. For rental
23or leased dwellings, standard treatments shall be performed every 12 months in the
24dwelling or a unit of the dwelling for which the owner receives a form under sub. (3)
25(b) indicating that a child under age 6 resides there. In addition, owners of rental
1or leased dwellings shall perform standard treatments at the time of unit occupant
2turnover unless those treatments were performed in the unit within the last 12
3months.
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
1Section
19. 254.17 (3) (b) 3. and (6) (c) of the statutes, as affected by 1999
2Wisconsin Act .... (this act), are amended to read:
SB232,19,53
254.17
(3) (b) 3. Provide tenants with a form developed by the department by
4rule on which tenants may list the ages of any children
under age 6 residing in the
5rental or leased dwelling.
SB232,19,14
6(6) (c)
Timing of standard treatments. For owner-occupied dwellings, standard
7treatments shall be performed every 12 months in a dwelling that has been occupied
8continuously for at least 12 months by a family with a child
under age 6. For rental
9or leased dwellings, standard treatments shall be performed every 12 months in the
10dwelling or a unit of the dwelling for which the owner receives a form under sub. (3)
11(b) indicating that a child
under age 6 resides there. In addition, owners of rental
12or leased dwellings shall perform standard treatments at the time of unit occupant
13turnover unless those treatments were performed in the unit within the last 12
14months.
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
15Section
20. 254.171 of the statutes is created to read:
SB232,19,19
16254.171 Demolition of buildings constructed before January 1, 1978.
17If the department promulgates rules under s. 254.177 (2), a person who demolishes
18a building constructed before January 1, 1978, shall comply with the rules in the
19course 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
20Section
21. 254.172 of the statutes is repealed and recreated to read:
SB232,20,9
1254.172 Prevention and control of lead-bearing paint hazards in
2dwellings constructed between 1950 and 1977. (1) If the owner of a dwelling
3constructed in this state on or after January 1, 1950, but before January 1, 1978, has
4a certified independent lead inspector or risk assessor conduct an inspection of the
5dwelling, the inspection shall be conducted and a report shall be issued in accordance
6with rules promulgated under s. 254.167. If the report indicates that the dwelling
7meets the criteria established by the department by rule for issuing a certificate of
8lead-free status, a certificate of abatement or a certificate of lead hazard reduction,
9the inspector or assessor shall issue a certificate as appropriate.
SB232,20,13
10(2) If a certified independent risk assessor determines that the owner of a
11dwelling constructed in this state on or after January 1, 1950, but before January 1,
121978, meets the requirements of s. 254.17 (3) and (5) and agrees to comply with s.
13254.17 (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
14Section
22
. 254.173 of the statutes is created to read:
SB232,20,17
15254.173 Immunity from liability for lead poisoning or lead exposure;
16restrictions. (1) Legislative findings and purpose. (a) The legislature finds all
17of the following:
SB232,21,418
1. That a national task force appointed by the federal department of housing
19and urban development, the task force on lead-based paint hazard reduction and
20financing, found that 1,700,000 children under 6 years of age have blood lead levels
1at or above the federally established level of concern. The task force also found that
2the most common cause of childhood lead poisoning is ingestion of
3lead-contaminated surface dust from lead-bearing paint and the other significant
4cause is dust from bare lead-contaminated soil.
SB232,21,95
2. That high levels of lead in a child's blood can cause permanent nervous
6system damage and even relatively low blood lead levels can cause significant
7nervous system effects. Of 58,797 children who were screened in this state in fiscal
8year 1995-96, 11,170, or 19%, were newly identified as having blood lead levels that
9constitute lead poisoning or lead exposure.
SB232,21,1910
(b) The legislature encourages property owners to address the problems
11associated with lead-bearing paint by bringing their property into compliance with
12the applicable state standards and finds that an appropriate method to so encourage
13property owners is to hold them not liable with respect to a person who develops lead
14poisoning or lead exposure in the property. The purpose of these standards and this
15restriction on liability is to reduce the exposure of children and others to
16lead-bearing paints, thereby substantially reducing the number of persons who
17develop lead poisoning or lead exposure. In addition, these standards and this
18restriction on liability will improve the quality of this state's housing stock and result
19in greater availability of insurance coverage for lead hazards.
SB232,22,2
20(2) Immunity; conditions; restrictions. An owner of a dwelling or unit and his
21or her employes and agents are immune from civil liability for their acts or omissions
22related to lead poisoning or lead exposure of a person who resides in or has visited
23the dwelling or unit if, at the time that the lead poisoning or lead exposure occurred,
24a certificate of abatement, a certificate of lead-free status or a certificate of lead
25hazard reduction was in effect for the dwelling or unit. This subsection does not
1apply if it is shown by clear and convincing evidence that one of the following has
2occurred:
SB232,22,33
(a) The owner or his or her employe or agent obtained the certificate by fraud.
SB232,22,54
(b) The owner or his or her employe or agent violated a condition of the
5certificate.
SB232,22,86
(c) The owner or his or her employe or agent created a lead-bearing paint
7hazard during renovation, remodeling, maintenance or repair after receiving the
8certificate.
SB232,22,119
(d) The owner or his or her employe or agent failed to respond in a timely
10manner to notification by the department or by a local health department that a
11lead-bearing paint hazard has recurred.
SB232,22,1312
(e) The lead poisoning or lead exposure was caused by a source of lead in the
13dwelling or unit other than lead-bearing paint.
SB232,22,19
14(3) Temporary immunity; exception. An owner of a dwelling or unit and his or
15her employes and agents are immune from civil liability for their acts or omissions
16related to lead poisoning or lead exposure that occurs during the first 90 days after
17the owner acquires the dwelling or unit, except that this subsection does not apply
18to lead poisoning or lead exposure that results from a lead-bearing paint hazard
19created by the owner or his or her employes or agents.
Note: Provides that an owner of a dwelling or unit and his or her employes or
agents are not liable for damages for lead poisoning or lead exposure of a person who
resides in or is visiting the dwelling or unit if, at the time the lead poisoning or lead
exposure occurred, one of 3 types of certificates have been issued for the dwelling or unit.
The bill also provides that this restriction on liability does not apply if it is shown by clear
and convincing evidence that one of 5 sets of circumstances exist.
In addition, the bill provides that an owner of a dwelling or unit and his or her
employes and agents are not liable for lead poisoning or lead exposure that occurs during
the first 90 days after the person becomes the owner of the dwelling or unit, except where
the lead poisoning or lead exposure results from a lead-bearing paint hazard created by
the owner or his or her employes or agents.
The Wisconsin supreme court has rejected the retroactive application of limits on
liability. [Martin v. Richards, 192 Wis. 2d 156, 531 NW2d 70 (1995).] Consistent with
that decision, the limits on liability in this bill apply only prospectively to lead poisoning
or lead exposure that occurs after the general effective date of the bill. See Section 28
.
SB232, s. 23
1Section
23. 254.174 of the statutes is amended to read:
SB232,23,12
2254.174 Technical advisory committees. Before the department may
3promulgate rules under s. 254.167, 254.168
, or 254.17
or 254.172, the department
4shall appoint a technical advisory committee under s. 227.13 and shall consult with
5the technical advisory committee on the proposed rules. Any technical advisory
6committee required under this section shall include representatives from local
7health departments that administer local lead programs, representatives from the
8housing industry, persons certified under s. 254.176
and
, representatives from the
9medical or public health professions
, advocates for persons at risk of lead poisoning
10and advocates for children. Any technical advisory committee required under this
11section before promulgating rules under s. 254.168 shall also include representatives
12of facilities serving children under 6 years of age.