Effective date note
NOTE: This section is repealed and recreated eff. 9-1-08 by
1999 Wis. Act 113 to read:
Effective date text
254.154 Local authority. This subchapter does not prohibit any city, village, town or other political subdivision from enacting and enforcing ordinances establishing a system of lead poisoning or lead exposure control that provides the same or higher standards than those set forth in this subchapter. Nothing in this subchapter may be interpreted or applied in any manner to impair the right of any person, entity, municipality or other political subdivision to sue for damages or equitable relief. Nothing in this subchapter may be interpreted or applied in any manner to impair the right of a municipality or other political subdivision to impose a penalty for or restrain the violation of an ordinance specified in this section.
254.154 History
History: 1979 c. 221;
1989 a. 31;
1993 a. 27 s.
436; Stats. 1993 s. 254.16;
1993 a. 450 s.
48; Stats. 1993 s. 254.154;
1999 a. 113.
254.156
254.156
Definition of lead-bearing paint and lead poisoning or lead exposure. Notwithstanding
s. 254.11 (intro.),
(8) and
(9), whenever the centers for disease control and prevention of the federal department of health and human services specifies a standard for the determination of lead-bearing paint or lead poisoning or lead exposure that differs from that specified in
s. 254.11 (8) or
(9), the department shall promulgate a rule defining "lead-bearing paint" or "lead poisoning or lead exposure" to correspond to the specification of the centers for disease control and prevention. Rules promulgated under this section supersede
s. 254.11 (8) and
(9) with respect to the requirements of this subchapter.
254.156 History
History: 1993 a. 450.
254.158
254.158
Screening recommendations. The department may promulgate rules specifying recommended lead poisoning or lead exposure screening methods and intervals for children under 6 years of age. Any rules promulgated under this section:
254.158(1)
(1) Shall meet any federal requirements for the screening of children under 6 years of age.
254.158(1m)
(1m) May include an appropriate questionnaire regarding potential exposure to lead and products containing lead.
254.158(2)
(2) Shall permit at least the following persons to provide screening services:
254.158(2)(a)
(a) A person licensed to practice medicine or osteopathy under
ch. 448.
254.158(3)
(3) Shall exempt a child from the lead screening recommendations if the child's parent, guardian or legal custodian signs a written waiver objecting to the lead poisoning screening for reasons of health, religion or personal conviction.
254.158(4)
(4) Shall exempt a child from the lead poisoning screening recommendations if the child's parent, guardian or legal custodian presents written evidence of a lead screening that was conducted within the previous 6 months, or other time period specified by the department by rule, and that was conducted in accordance with the laws or rules of another state whose laws or rules the department determines to be at least as stringent as the screening methods and intervals recommended under this section.
254.158 History
History: 1993 a. 450.
254.162
254.162
Screening requirements. 254.162(1)
(1)
Institutions and programs providing services to children under 6 years of age. The department may promulgate rules requiring the following institutions and programs to obtain written evidence that each child under 6 years of age participating in the institution or program has obtained a lead screening, or is exempt from obtaining one, under the recommended lead screening levels and intervals contained in the rules promulgated by the department under
s. 254.158, within the time periods specified by the department:
254.162(1)(c)
(c) Day care providers certified under
s. 48.651 and day care centers licensed under
s. 48.65, provisionally licensed under
s. 48.69 or established or contracted for under
s. 120.13 (14).
254.162(1)(d)
(d) School-based programs serving children under 6 years of age, including kindergartens, special education and related services for children with disabilities, as defined in
s. 115.76 (5), and other early childhood programs.
254.162(1)(e)
(e) Health care programs that provide services to children under 6 years of age and that receive state funding.
254.162(1)(f)
(f) Other institutions or programs that provide services to children under 6 years of age.
254.162(2)
(2) Information requirement. If a program or institution is required to request written evidence of a lead screening under rules promulgated under
sub. (1), the institution or program shall, at the time that it makes the request, inform the parent, guardian or legal custodian of the child in writing, in a manner that is prescribed by the department by rule, of the importance of lead screening, of how and where the lead screening may be obtained, and of the conditions under which a child is exempt from the recommended lead screening requirements under the department's rules.
254.162 History
History: 1993 a. 450;
1997 a. 164.
254.164
254.164
Care for children with lead poisoning or lead exposure. The department may promulgate rules establishing standards for the care coordination and follow-up of children under 6 years of age with lead poisoning or lead exposure. Any rules promulgated under this section shall meet any federal requirements for the care coordination and follow-up of children under 6 years of age with elevated blood lead levels. Rules promulgated under this subsection may specify different care coordination and follow-up requirements based on different blood lead levels and may, where appropriate, require that the care coordination and follow-up include any of the following:
254.164(1)
(1) Physical, developmental and nutritional assessment.
254.164(4)
(4) A lead inspection of all or part of the child's dwelling or other dwellings or premises that may have contributed to the child's lead poisoning or lead exposure.
254.164(5)
(5) Assistance in developing a plan for lead hazard reduction or other actions needed to reduce exposure to lead and the consequences of such exposure.
254.164(6)
(6) Where necessary, assistance in obtaining permanent or temporary lead-safe housing.
254.164(8)
(8) Follow-up services, including monitoring the provision of services to the child.
254.164 History
History: 1993 a. 450.
254.166
254.166
Departmental response to reports of lead poisoning or lead exposure. 254.166(1)
(1) The department may, after being notified that an occupant of a dwelling or premises who is under 6 years of age has blood lead poisoning or lead exposure, present official credentials to the owner or occupant of the dwelling or premises, or to a representative of the owner, and request admission to conduct a lead investigation of the dwelling or premises. If the department is notified that an occupant of a dwelling or premises who is a child under 6 years of age has an elevated blood lead level, the department shall conduct a lead investigation of the dwelling or premises or ensure that a lead investigation of the dwelling or premises is conducted. The lead investigation shall be conducted during business hours, unless the owner or occupant of the dwelling or premises consents to an investigation during nonbusiness hours or unless the department determines that the dwelling or premises presents an imminent lead hazard. The department shall use reasonable efforts to provide prior notice of the lead investigation to the owner of the dwelling or premises. The department may remove samples or objects necessary for laboratory analysis to determine the presence of a lead hazard in the dwelling or premises. The department shall prepare and file written reports of all lead investigations conducted under this section and shall make the contents of these reports available for inspection by the public, except for medical information, which may be disclosed only to the extent that patient health care records may be disclosed under
ss. 146.82 to
146.835. If the owner or occupant refuses admission, the department may seek a warrant to investigate the dwelling or premises. The warrant shall advise the owner or occupant of the scope of the lead investigation.
254.166(2)
(2) If the department determines that a lead hazard is present in any dwelling or premises, the department may do any of the following:
254.166(2)(a)
(a) Cause to be posted in a conspicuous place upon the dwelling or premises a notice of the presence of a lead hazard.
254.166(2)(b)
(b) Inform the local health officer of the results of the lead inspection and provide recommendations to reduce or eliminate the lead hazard.
254.166(2)(c)
(c) Notify the occupant of the dwelling or premises or that person's representative that a lead hazard is present on or in the dwelling or premises and may constitute a health hazard.
Effective date note
NOTE: Par. (c) is affected eff. 9-1-01 by
1999 Wis. Act 113 to read:
Effective date text
(c) Notify the occupant of the dwelling or premises or the occupant's representative of all of the following:
Effective date text
1. That a lead hazard is present on or in the dwelling or premises.
Effective date text
2. The results of any lead investigations conducted on or in the dwelling or premises.
Effective date text
3. Any actions taken to reduce or eliminate the lead hazard.
254.166(2)(d)
(d) Notify the owner of the dwelling or premises of the presence of a lead hazard. The department may issue an order that requires reduction or elimination of an imminent lead hazard within 5 days after the order's issuance and reduction or elimination of other lead hazards within 30 days after the order's issuance, except that, for orders that are issued between October 1 and May 1 and that relate only to exterior lead hazards that are not imminent lead hazards, the order may require elimination or reduction of the lead hazard no earlier than the June 1 immediately following the order's issuance. If the department determines that the owner has good cause for not complying with the order within the 5-day or 30-day time period, the department may extend the time period within which the owner is required to comply with the order. The failure to comply with the department's order within the time prescribed or as extended by the department shall be prima facie evidence of negligence in any action brought to recover damages for injuries incurred after the time period expires. If an order to conduct lead hazard reduction is issued by the department or by a local health department and if the owner of the dwelling or premises complies with that order, there is a rebuttable presumption that the owner of the dwelling or premises has exercised reasonable care with respect to lead poisoning or lead exposure caused, after the order has been complied with, by lead hazards covered by the order, except that with respect to interim control activities the rebuttable presumption continues only for the period for which the interim control activity is reasonably expected to reduce or eliminate the lead hazard.
254.166(2)(e)
(e) If an order is issued under
par. (d), conduct or require a certified lead risk assessor or other person certified under
s. 254.176 to conduct a lead investigation, a check of work completed and dust tests for the presence of hazardous levels of lead to ensure compliance with the order.
254.166(4)
(4) The department shall give priority to eliminating lead hazards from dwellings in which children under 6 years of age with diagnosed lead poisoning or lead exposure reside.
254.166 History
History: 1979 c. 221;
1989 a. 31;
1993 a. 27 s.
433; Stats. 1993 s. 254.14;
1993 a. 450 ss.
39 to
41; Stats. 1993 s. 254.166;
1999 a. 113.
254.167
254.167
Conduct of lead investigation. Subject to the limitation under
s. 254.174, the department may promulgate rules establishing procedures for conducting lead investigations of dwellings and premises. The rules promulgated under this section may include the following:
254.167(1)
(1) Specific procedures for investigating, testing or sampling painted, varnished or other finished surfaces, drinking water, household dust, soil and other materials that may contain lead.
254.167(2)
(2) Specific procedures for the notification of owners, operators, occupants or prospective occupants, mortgagees and lienholders of lead levels identified during a lead investigation and of any health risks that are associated with the lead level and condition of the lead found during the lead investigation.
254.167(3)
(3) The form of lead investigation reports, the requirements for filing the reports with the department and the procedures by which members of the public may obtain copies of lead investigation reports.
254.167(4)
(4) Requirements for the posting of warnings, where appropriate, of the presence of a lead hazard.
254.167 History
History: 1993 a. 450;
1999 a. 113.
254.168
254.168
Lead inspections of facilities serving children under 6 years of age. 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 before January 1, 1978:
254.168(6)
(6) A private or public nursery school or kindergarten.
254.168(7)
(7) Any other facility serving children under 6 years of age that presents a risk for causing lead poisoning or lead exposure in children.
254.168 History
History: 1993 a. 450.
254.171
254.171
Dwellings and units of dwellings where child has elevated blood lead level. If an owner of a dwelling or unit of a dwelling receives written notice from the department or a local health department that a child under 6 years of age, who resides in the owner's owner-occupied dwelling or unit or who resides in the owner's dwelling or unit under the terms of a rental agreement, has an elevated blood lead level, the owner shall obtain a certificate of lead-free status or certificate of lead-safe status for the affected dwelling or unit in a timely manner, based on the reasonable availability of lead risk assessors or other persons certified under
s. 254.176 to conduct any necessary lead investigation or lead hazard reduction activities and based on the time required for issuance of a certificate of lead-free status or a certificate of lead-safe status. A certificate of lead-safe status obtained under this section may not be for less than 12 months in duration. Nothing in this section precludes the department or the department's agent from conducting a lead investigation or issuing an order under
s. 254.166.
254.171 History
History: 1999 a. 113.
254.172
254.172
Lead hazard reduction. Subject to the limitation under
s. 254.174, the department may promulgate rules governing lead hazard reduction conducted after June 30, 1997, if the department determines that the rules are not preempted by federal law. Any rules promulgated under this section shall meet, but not exceed, any requirements under regulations promulgated by the administrator of the federal environmental protection agency under section 402 of the federal toxic substances control act, as created by section 1021 of
P.L. 102-550. Rules promulgated under this section may include:
254.172(1)
(1) A definition of the levels of lead from various sources and media, including lead-bearing paint, soil, dust, water and air, which shall constitute an imminent lead hazard.
254.172(2)
(2) If a certified lead risk assessor or other person certified under
s. 254.176 conducts a lead investigation of a dwelling or premises, he or she shall conduct the lead investigation and issue a report in accordance with any rules promulgated under
s. 254.167. If the report indicates that the dwelling or premises meets criteria under
s. 254.179 (1) (a) for issuance of a certificate of lead-free status or of a certificate of lead-safe status, the lead risk assessor or other person shall issue the appropriate certificate, subject to
s. 254.181.
254.172(3)
(3) A requirement that the owner or operator of any dwelling or premises provide lead hazard reduction to eliminate any imminent lead hazard.
254.172(4)
(4) A priority-based schedule of the classes of dwellings and premises containing a lead hazard and of the dates by which owners or operators of these classes of dwellings and premises must undertake lead hazard reduction. This priority-based schedule may be based on the age, condition and location of the dwelling or premises, the age of the occupants, the type of lead hazard and any other appropriate factors.
254.172(5)
(5) Acceptable lead hazard reduction methods for lead in various media.
254.172(6)
(6) Requirements for containment and cleanup during the conduct of lead hazard reduction, reinspection of dwellings or premises having had lead hazard reduction, and the management of lead hazard reduction.
254.172(7)
(7) Requirements that lead hazard reduction be carried out to protect the health and safety of occupants, neighbors and the public, including requirements, where necessary, that occupants be restricted to areas of a dwelling that do not contain a lead hazard or be relocated to a dwelling that does not contain a lead hazard during specified lead hazard reduction.
254.172(8)
(8) Requirements for the safe disposal of lead-contaminated waste.
Effective date note
NOTE: This section is repealed and recreated eff. 9-1-01 by
1999 Wis. Act 113 to read:
Effective date text
254.172 Prevention and control of lead-bearing paint hazards in dwellings and premises. (1) Subject to the limitation under s. 254.174, the department may promulgate rules governing lead hazard reduction that the department determines are consistent with federal law.
Effective date text
(2) If a certified lead risk assessor or other person certified under s. 254.176 conducts a lead investigation of a dwelling or premises, he or she shall conduct the lead investigation and issue a report in accordance with any rules promulgated under s. 254.167. If the report indicates that the dwelling or premises meets criteria under s. 254.179 (1) (a) for issuance of a certificate of lead-free or of a certificate of lead-safe status, the lead risk assessor or other person shall issue the appropriate certificate, subject to s. 254.181.
254.172 History
History: 1993 a. 450;
1999 a. 113,
186.
254.173
254.173
Immunity from liability for lead poisoning or lead exposure; restrictions. 254.173(1)(a)1.
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 dust and chips from lead-bearing paint. The other significant cause is dust from bare lead-contaminated soil.
254.173(1)(a)2.
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.
254.173(1)(b)
(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.
Effective date note
NOTE: Section 254.173 (title) and sub. (1) are repealed eff. 9-1-08 by
1999 Wis. Act 113.
254.173(2)
(2) Immunity; conditions; restrictions. An owner of a dwelling or unit of a dwelling and his or her employees and agents are immune from civil and criminal liability and may not be subject to an agency proceeding under
ch. 227, other than for the enforcement of rules promulgated by the department under this subchapter, for their acts or omissions related to lead poisoning or lead exposure of a person who resides in or has visited the dwelling or unit if, at the time that the lead poisoning or lead exposure occurred, a certificate of lead-free status or a certificate of lead-safe status was in effect for the dwelling or unit. This subsection does not apply if it is shown by clear and convincing evidence that one of the following has occurred:
