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6. Operating heat guns above 1,100 degrees Fahrenheit.
Note: Creates a provision requiring the DHFS to promulgate rules that set forth
safe unsafe work practices which must be avoided in any repair, remodeling or lead
hazard control activity on a dwelling constructed prior to January 1, 1950 and may be
avoided in performing such work on a dwelling constructed on or after that date, but prior
to January 1, 1978.
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(e) Setting forth standard treatment measures that owners of dwellings
2constructed before January 1, 1950, are required to perform under s. 254.17 (6).
3These treatment measures shall include at least all of the following:
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1. Repairing deteriorated paint using safe work practices.
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2. Providing smooth and cleanable surfaces including floors, window sills and
6window wells.
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3. Correcting conditions in which painted surfaces are rubbing, binding or
8being crushed, unless the paint does not contain lead.
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4. Covering or restricting access to bare soil, unless it is found not to be
10lead-contaminated.
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5. Performing specialized cleaning of work areas upon completion of other
12standard treatments.
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6. Performing dust testing for the presence of lead of the work area that
14conforms with guidelines or regulations created by the federal department of
15housing and urban development following completion of standard treatments.
Note: Creates a provision requiring the DHFS to promulgate rules that set forth
standard treatment measures which owners of dwellings constructed prior to January 1,
1950 are required to perform under s. 254.17 (6).
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(f) Defining the term "abated" for the purposes of the definition of "certificate
17of abatement" in s. 254.11 (4e) and for the purposes of s. 254.17 (5) (b) 3.
Note: Creates a provision requiring the DHFS to promulgate rules defining
"abated".
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1(2) The department may promulgate rules that set forth safe work practices
2that shall be followed in the demolition of a building constructed before January 1,
31978, to avoid exposure to lead hazards of persons in the area of the demolition.
Note: Creates a provision permitting the DHFS to promulgate rules that set forth
safe work practices which must be followed in the demolition of a building constructed
prior to January 1, 1978.
SB232, s. 25
4Section
25. Chapter 606 of the statutes is created to read:
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chapter 606
6
state residential lead
7
liability fund
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8606.01 Definitions. In this chapter:
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9(1) "Certificate of abatement" has the meaning given in s. 254.11 (4e).
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10(2) "Certificate of lead-free status" has the meaning given in s. 254.11 (4m).
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11(3) "Certificate of lead hazard reduction" has the meaning given in s. 254.11
12(4s).
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13606.05 Issuance of policies. The state residential lead liability fund may
14issue policies that insure residential property in this state against liability resulting
15from lead-bearing paint hazards. A policy may be issued by the fund only for
16property for which a certificate of abatement, a certificate of lead-free status or a
17certificate of lead hazard reduction is in effect. A policy may not cover periods during
18which a certificate is not in effect.
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19606.10 Rules. (1) Policies may be issued under s. 606.05 only if the manager
20makes a determination, as specified by rule, that insurance providing residential
21property owners with liability coverage for lead-bearing paint hazards is not
22sufficiently available in the private insurance market. Prior to making this
1determination, the manager shall work with insurers to encourage the offering of
2this coverage.
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3(2) The manager shall promulgate rules specifying premiums, coverage limits
4and covered expenses for policies issued under s. 606.05 and may promulgate other
5rules necessary to administer the state residential lead liability fund. The manager
6shall specify premiums at a level that the manager determines will be sufficient to
7pay all costs of the fund. The fund may not pay damages to a claimant when it is
8found by a court by clear and convincing evidence that one or more of the conditions
9in s. 254.173 (2) (a) to (e) exist.
Note: Creates a state residential lead liability fund to issue policies that insure
residential property against liability resulting from lead-bearing paint hazards if one of
3 types of certificates is in effect for the property. Policies may be issued by the fund only
if the fund "manager" (defined in current law as the commissioner of insurance) makes
a determination, by rule, that this liability coverage is not sufficiently available in the
private insurance market.
SB232, s. 26
10Section
26. 901.055 of the statutes is created to read:
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11901.055 Admissibility of results of dust testing for the presence of lead. 12The results of a test for the presence of lead in household dust are not admissible
13during the course of a civil or criminal action or proceeding or an administrative
14proceeding unless the test was conducted by a lead inspector or lead risk assessor
15who is certified by the department of health and family services and who is not the
16owner of the property at which the test was performed or the owner's employe or
17agent.
Note: Specifies the inadmissibility of results of dust testing for the presence of lead
under certain circumstances.
SB232, s. 27
18Section
27
.
Nonstatutory provisions; health and family services.
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(1)
Rules. The department of health and family services shall submit in
20proposed form the rules required under sections 254.168 (2m) and 254.177 of the
1statutes, as created by this act, to the legislative council staff under section 227.15
2(1) of the statutes no later than the first day of the 7th month beginning after the
3effective date of this subsection.
Note: Requires the submission of rules required under ss. 254.168 (2m) and
254.177 to the legislative council rules clearinghouse by a specified time.
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(1)
Immunity from liability. The treatment of section 254.173 of the statutes
6first applies to lead poisoning or lead exposure that occurs on the effective date of this
7subsection.
Note: Creates a nonstatutory provision establishing the initial applicability of the
Section of the bill relating to liability.
SB232, s. 29
8Section
29.
Effective dates. This act takes effect on the day after publication,
9except as follows:
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(1)
The treatment of sections 254.11 (4e), (4m), (4s), (4v), (5m), (8p) and (9g),
11254.13 (2), 254.156, 254.162 (1) (intro.), 254.166 (1) and (2) (intro.), (c) 2. and 3. and
12(e), 254.168 (2m), 254.171, 254.172, 254.173 and 901.055 and chapter 606 of the
13statutes, the renumbering of section 254.168 (1) to (7) of the statutes, the
14renumbering and amendment of sections 254.166 (2) (c) and 254.168 (intro.) of the
15statutes and the repeal and recreation of section 254.17 of the statutes take effect on
16the first day of the 16th month beginning after publication.
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(2)
The amendment of section 254.17 (3) (b) 3. and (6) (c) of the statutes takes
18effect on the first day of the 76th month beginning after the publication.
Note: Creates a nonstatutory provision establishing the effective dates for this
legislation.