254.11(8d)
(8d) "Lead-bearing paint hazard" has the meaning specified by rule by the department.
254.11(8g)
(8g) "Lead hazard" means any substance, surface or object that contains lead and that, due to its condition, location or nature, may contribute to the lead poisoning or lead exposure of a child under 6 years of age.
254.11(8j)
(8j) "Lead hazard abatement" means any set of measures designed to permanently eliminate a lead hazard, including all of the following:
254.11(8j)(a)
(a) The removal of lead-bearing paint and lead-contaminated dust, the permanent containment or encapsulation of lead-bearing paint, the replacement of surfaces or fixtures painted with lead-bearing paint, and the removal or covering of lead-contaminated soil.
254.11(8j)(b)
(b) All preparation, clean-up, disposal and postabatement clearance testing activities associated with the measures under
par. (a).
254.11(8n)
(8n) "Lead hazard reduction" means actions designed to reduce human exposure to lead hazards, including lead hazard abatement and interim control activities involving lead-bearing paint or lead-contaminated dust or soil or clearance activities that determine whether an environment contains a lead hazard.
254.11(8r)
(8r) "Lead inspection" means the inspection of a dwelling or premises for the presence of lead, including examination of painted or varnished surfaces, paint, dust, water and other environmental media.
254.11(8s)
(8s) "Lead investigation" means a measure or set of measures designed to identify the presence of lead or lead hazards, including examination of painted or varnished surfaces, paint, dust, water and other environmental media.
254.11(8u)
(8u) "Lead management activity" means a lead inspection or the design or management of lead hazard reduction.
254.11(9)
(9) "Lead poisoning or lead exposure" means a level of lead in the blood of 10 or more micrograms per 100 milliliters of blood.
254.11(9g)
(9g) "Lead risk assessor" has the meaning specified by rule by the department.
254.11(9r)
(9r) "Occupant" means a person who leases or lawfully resides in a dwelling or premises.
254.11(10)
(10) "Owner" means a person who has legal title to any dwelling or premises.
254.11(10m)
(10m) "Premises" means any of the following:
254.11(10m)(a)
(a) An educational or child care facility, including attached structures and the real property upon which the facility stands, that provides services to children under 6 years of age.
254.11(10m)(b)
(b) Other classes of buildings and facilities, including attached structures and real property upon which the buildings or facilities stand, that the department determines by rule to pose a significant risk of contributing to the lead poisoning or lead exposure of children under 6 years of age.
254.11(12)
(12) "School" means any local education agency, as defined in
20 USC 3381, the owner of any nonpublic, nonprofit elementary or secondary school building or any governing authority of any school operated under
20 USC 921 to
932.
254.11(13)
(13) "Third-party payer" means a disability insurance policy that is required to provide coverage for a blood lead test under
s. 632.895 (10) (a); a health maintenance organization or preferred provider plan under
ch. 609; a health care coverage plan offered by the state under
s. 40.51 (6); a self-insured health plan offered by a city or village under
s. 66.0137 (4), a political subdivision under
s. 66.0137 (4m), a town under
s. 60.23 (25), a county under
s. 59.52 (11) (c), or a school district under
s. 120.13 (2) (b); or a sickness care plan operated by a cooperative association under
s. 185.981.
254.115
254.115
Denial, nonrenewal and revocation of certification and permit based on tax delinquency. 254.115(1)
(1) Except as provided in
sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:
254.115(1m)
(1m) If an individual who applies for or to renew a certification, certification card or permit under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, certification card or permit, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification, certification card or permit issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
254.115(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
254.115(3)
(3) Except as provided in
sub. (1m), the department shall deny an application for the issuance or renewal of a certification, certification card or permit specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
254.115(4)
(4) The department shall deny an application for the issuance or renewal of a certification, certification card or permit specified in
sub. (1), or shall revoke the certification, certification card or permit specified in
sub. (1), if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of the certification, certification card or permit is liable for delinquent taxes.
254.115 History
History: 1997 a. 237;
1999 a. 9.
254.12
254.12
Use or sale of lead-bearing paints. 254.12(1)
(1) No person may apply lead-bearing paints:
254.12(1)(a)
(a) To any exposed surface on the inside of a dwelling;
254.12(1)(b)
(b) To the exposed surface of a structure used for the care of children; or
254.12(1)(c)
(c) To any fixture or other object placed in or upon any exposed surface of a dwelling and ordinarily accessible to children.
254.12(2)
(2) No person may sell or transfer any fixture or other object intended to be placed upon any surface on the inside of a dwelling, containing a lead-bearing paint and ordinarily accessible to children.
254.12 History
History: 1979 c. 221;
1993 a. 16;
1993 a. 27 s.
431; Stats. 1993 s. 254.12;
1993 a. 450.
254.13
254.13
Reporting requirements. 254.13(1)
(1) Every physician who diagnoses lead poisoning or lead exposure, or any nurse, hospital administrator, director of a clinical laboratory or local health officer who has verified information of the existence of any person found or suspected to have lead poisoning or lead exposure, shall report to the department or to the local health officer of the region in which the person resides within 48 hours after verifying this information. The local health officer shall report to the department the name, address, laboratory results, date of birth and any other information about the person that the department considers essential. Any physician, nurse, hospital administrator, director of a clinical laboratory, local health officer or allied health professional making such a report in good faith shall be immune from any civil or criminal liability that otherwise might be incurred from making the report.
254.13(2)
(2) A person who screens a child under 6 years of age for lead poisoning or lead exposure under this subchapter, or any rule promulgated under this subchapter, shall report the results of the screening to the department within the time period for reporting by rule. The department shall promulgate rules specifying the form of the reports required under this subsection. A person making a report under this subsection in good faith is immune from civil or criminal liability that might otherwise be incurred from making the report.
254.13 History
History: 1979 c. 221;
1989 a. 31;
1993 a. 27 s.
432; Stats. 1993 s. 254.13;
1993 a. 450.
254.13 Cross-reference
Cross Reference: See also ch.
HFS 181, Wis. adm. code.
254.15
254.15
Departmental duties. The department shall:
254.15(1)
(1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under
s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under
ss. 254.158 and
254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under
s. 254.164; departmental responses to reports of lead poisoning or lead exposure under
s. 254.166; any lead investigation requirements under rules promulgated under
ss. 254.167; any lead inspection requirements under rules promulgated under 254.168; any lead hazard reduction requirements under rules promulgated under
s. 254.172; certification, accreditation and approval requirements under
ss. 254.176 and
254.178; any certification requirements and procedures under rules promulgated under
s. 254.179; and any fees imposed under
s. 254.181.
254.15(2)
(2) Provide laboratory testing of biological and environmental lead specimens for lead content to any physician, hospital, clinic, municipality or private organization that cannot secure or provide testing through other sources. The department may not assume responsibility for blood lead analysis required in programs in operation on April 30, 1980.
254.15(3)
(3) Develop or encourage the development of appropriate programs and studies to identify sources of lead poisoning or lead exposure, and assist other entities in the identification of lead in children's blood and of the sources of the lead poisoning or lead exposure.
254.15(4)
(4) Provide technical assistance and consultation to local, county or regional governmental or private agencies to promote and develop lead poisoning or lead exposure prevention programs that afford opportunities for employing residents of communities and neighborhoods affected by lead poisoning or lead exposure from lead-bearing paint, and that provide appropriate training, education and information to inform these residents of the opportunities for employment.
254.15(5)
(5) Provide recommendations for the identification and treatment of lead poisoning or lead exposure.
254.15(6)
(6) Develop educational programs to communicate to parents, educators and officials of local boards of health the health danger of lead poisoning or lead exposure from lead-bearing paint among children.
254.151
254.151
Lead poisoning or lead exposure prevention grants. From the appropriation under
s. 20.435 (5) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:
254.151(1)
(1) To fund educational programs about the dangers of lead poisoning or lead exposure.
254.151(2)
(2) To fund lead poisoning or lead exposure screening, care coordination and follow-up services, including lead inspections, to children under age 6 who are not covered by a 3rd-party payer.
254.151(3)
(3) To fund administration or enforcement of responsibilities delegated under
s. 254.152.
254.151(4)
(4) To fund other activities related to lead poisoning or lead exposure.
254.151(6)
(6) To develop and implement outreach and education programs for health care providers to inform them of the need for lead poisoning or lead exposure screening and of the requirements of this subchapter relating to lead poisoning or lead exposure.
254.151(7)
(7) In each fiscal year, $125,000 to fund lead screening and outreach activities at a community-based human service agency that provides primary health care, health education and social services to low-income individuals in 1st class cities.
254.151 Cross-reference
Cross Reference: See also ch.
HFS 182, Wis. adm. code.
254.152
254.152
Delegation to local health departments. Except with respect to the department's authority to promulgate rules under this chapter, the department may designate local health departments as its agents in administering and enforcing
ss. 254.11 to
254.178 and any rules promulgated under those sections. The department may not designate a local health department as its agent unless the department provides a grant that the department determines to be sufficient for the local health department to carry out any responsibilities as an agent designated under this section.
254.152 History
History: 1993 a. 450.
254.154
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 other than
s. 254.173 (2) and
(3) 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.
Effective date note
NOTE: This section is amended eff. 9-1-05 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 other than s. 254.173 (2) 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.
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.
