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.
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(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.
254.167
254.167
Conduct of lead inspection. Subject to the limitation under
s. 254.174, the department may promulgate rules establishing procedures for conducting lead inspections of dwellings and premises. 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. The rules promulgated under this section may include the following:
254.167(1)
(1) Specific procedures for inspecting, 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 an inspection and of any health risks that are associated with the lead level and condition of the lead found during the inspection.
254.167(3)
(3) The form of lead inspection reports, the requirements for filing the reports with the department and the procedures by which members of the public may obtain copies of inspection 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.
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.
254.17
254.17
Lead inspections of rental and leased property. Subject to the limitation under
s. 254.174, the department may promulgate rules requiring that after June 30, 1997, owners or operators of rental or leased dwellings or premises have a lead inspection of the dwellings or premises, if any part of the dwellings or premises was constructed before January 1, 1978, and if the department determines that the dwellings or premises in that class are likely to contain lead hazards. The rules may specify classes of dwellings or premises based on the age, condition and location of the dwellings and premises, the age of any of the occupants of the dwelling and any other appropriate factors.
254.17 History
History: 1993 a. 450.
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) A definition of the levels of lead from various sources and media, including lead-bearing paint, soil, dust, water and air, which shall constitute a lead hazard.
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.
254.172 History
History: 1993 a. 450.
254.174
254.174
Technical advisory committees. Before the department may promulgate rules under
s. 254.167,
254.168,
254.17 or
254.172, the department shall appoint a technical advisory committee under
s. 227.13 and shall consult with the technical advisory committee on the proposed rules. Any technical advisory committee required under this section shall include representatives from local health departments that administer local lead programs, representatives from the housing industry, persons certified under
s. 254.176 and representatives from the medical or public health professions. Any technical advisory committee required under this section before promulgating rules under
s. 254.168 shall also include representatives of facilities serving children under 6 years of age.
254.174 History
History: 1993 a. 450.
254.176
254.176
Certification requirements. 254.176(1)
(1) Except as provided in
sub. (2), the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who supervises the performance of any lead hazard reduction or lead management activity.
254.176(2)
(2) No certification is required under this section for lead hazard reduction conducted by any of the following persons, unless the lead hazard reduction is being done to comply with an order by the department or another state or local agency that requires the use of persons certified under this section:
254.176(2)(a)
(a) A person whose activities are limited to interim control activities, unless the activities are directly funded by a grant from the federal department of housing and urban development.
254.176(2)(b)
(b) A person whose activities do not involve lead-bearing paint or lead-contaminated soil or dust.
254.176(2)(c)
(c) A homeowner who engages in lead hazard reduction only in or on his or her own nonrental residential dwelling or real property.
254.176(2)(d)
(d) A person licensed, certified or registered under
ch. 145 who engages in activities that constitute lead hazard reduction, only to the extent that these activities are within the scope of his or her license, certification or registration.
254.176(2)(e)
(e) A person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment if the person is registered with the department of commerce and if the person engages in activities that constitute lead hazard reduction, only to the extent that the activities are within the scope of his or her registration.
254.176(3)
(3) The department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:
254.176(3)(a)
(a) Shall include requirements and procedures for issuing, renewing, revoking and suspending certifications issued under this section.
254.176(3)(b)
(b) 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 under section 1021 of
P.L. 102-550.
254.176(3)(c)
(c) Shall require completion of an appropriate training course accredited under
s. 254.178 or of a training course determined by the department to be comparable to the appropriate training course under
s. 254.178.
254.176(3)(d)
(d) May provide for requirements other than training as a condition for full certification.
254.176(3)(e)
(e) Shall specify fees for certifying persons under this section, except that no fee may be imposed on any person employed by the state or by any political subdivision of the state for a certification required to perform duties within the scope of the employment.
254.176(3)(f)
(f) Shall require the issuance of a photo identification card to each person certified under this section.
254.176(4)
(4) The department shall maintain lists of all persons who are certified under this section and shall make the lists available to the public. The department may charge a fee for lists provided under this subsection to cover the department's costs in providing the lists.
254.176(5)
(5) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew any certification issued under this section in accordance with the procedures set forth in
ch. 227.
254.176 History
History: 1993 a. 450;
1995 a. 27 ss.
6330 and
9116 (5).
254.178
254.178
Accreditation of lead training courses and approval of lead instructors. 254.178(1)(a)(a) No person may advertise or conduct a training course in lead hazard reduction, or in a lead management activity, that is represented as qualifying persons for certification under
s. 254.176 unless the course is accredited by the department under this section.
254.178(1)(b)
(b) No person may function as an instructor of a lead training course accredited under this section unless the person is approved by the department under this section.
254.178(2)
(2) The department shall promulgate rules establishing requirements for accreditation of lead training courses and approval of lead instructors. These rules:
254.178(2)(a)
(a) Shall include requirements and procedures for granting, renewing, revoking and suspending lead training course accreditations and lead instructor approvals.
254.178(2)(b)
(b) 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 under section 1021 of
P.L. 102-550.
254.178(2)(c)
(c) May provide for full or contingent accreditation or approval.
254.178(2)(d)
(d) Shall specify fees for accrediting lead training courses and approving lead instructors.
254.178(3)
(3) The department shall maintain lists of all lead training courses accredited, and all lead instructors approved, under this section and shall make the lists available to the public. The department may charge a fee for lists provided under this subsection to cover the department's costs in providing the lists.
254.178(4)
(4) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew any accreditation or approval issued under this section in accordance with the procedures set forth in
ch. 227.
254.178 History
History: 1993 a. 450.
254.19
254.19
Asbestos testing fees. Notwithstanding
s. 36.25 (11) (f), the state laboratory of hygiene board shall impose a fee sufficient to pay for any asbestos testing services which it provides.
254.19 History
History: 1987 a. 396;
1993 a. 27 s.
317; Stats. 1993 s. 254.19.
254.20
254.20
Asbestos abatement certification. 254.20(2)(a)(a) No person serving on the governing body of a school, employed by a school or acting under a contract with a school may perform any asbestos abatement activity or asbestos management activity unless he or she has a valid certification card issued to him or her under
sub. (3).
254.20(2)(b)
(b) No public employe may perform any asbestos abatement activity unless he or she has a valid certification card issued to him or her under
sub. (3).
254.20(2)(c)
(c) No public employe may supervise the performance of any asbestos abatement activity unless he or she has a valid supervisor's certification card issued to him or her under
sub. (3).
254.20(2)(d)
(d) The department may establish by rule certification requirements for any person not certified under
pars. (a) to
(c) who performs any asbestos abatement activity or asbestos management activity or who supervises the performance of any asbestos abatement activity or asbestos management activity.
254.20(3)(a)(a) The department may establish by rule eligibility requirements for persons applying for a certification card required under
sub. (2). Any training required by the department under this paragraph may be approved by the department or provided by the department under
sub. (8).
254.20(3)(b)
(b) The department shall establish the procedure for issuing certification cards under this subsection. In establishing that procedure, the department shall prescribe an application form and establish an examination procedure and may require applicants to provide photographic identification.
254.20(4)
(4) Renewal. A certification card issued under
sub. (3) is valid for one year. The department may establish requirements for renewing such a card, including but not limited to additional training.
254.20(5)(a)(a) Except as provided under
par. (b), the department shall charge the following fees for certification cards issued under
sub. (3) or renewed under
sub. (4):
254.20(5)(a)1.
1. For a certification card issued or renewed for the performance of any asbestos abatement activity, as required under
sub. (2) (a),
(b) or
(d), $50.
254.20(5)(a)2.
2. For a certification card issued or renewed for performance of an inspection for asbestos-containing material or the design of an asbestos response action, as required under
sub. (2) (a) or
(d), $150.
254.20(5)(a)3.
3. For a certification card issued or renewed for supervising the performance of any asbestos abatement activity, as required under
sub. (2) (c), $100.
254.20(5)(a)4.
4. For a certification card issued or renewed for performance of the development of an asbestos management plan, as required under
sub. (2) (a) or
(d), $100.
254.20(5)(b)
(b) The department may change by rule the fee amounts specified under
par. (a). The fees received under this subsection shall be credited to the appropriation under
s. 20.435 (1) (gm).
254.20(6)
(6) Suspension or revocation. The department may suspend or revoke a certification card issued under
sub. (3) if it determines that the holder of the card is not qualified to be certified.
254.20(7)
(7) Appeals. Any suspension, revocation or nonrenewal of a certification card required under
sub. (2) or any denial of an application for such a certification card is subject to judicial review under
ch. 227.
254.20(8)
(8) Training courses. The department may conduct or contract for any training course necessary to prepare persons for a certification card required under
sub. (2). The department may establish a fee for any course offered under this subsection. The fee may not exceed the actual cost of the course. The fees received under this subsection shall be credited to the appropriation under
s. 20.435 (1) (gm).
254.20(9)
(9) Rules. The department may promulgate any rule it deems necessary to administer this section.
254.20(10)(a)(a) The department may enter, at any reasonable time, any property, premises or place in which any person required to have a certification card under
sub. (2) is engaged in any asbestos abatement activity to determine if the department has issued that person a valid certification card. No person may refuse entry or access to any representative of the department authorized by the department to act under this paragraph if that representative requests entry for purposes of determining compliance with this section, if that representative presents a valid identification issued to the representative by the department and if that representative is complying with
par. (b). No person may obstruct, hamper or interfere with the actions of that representative under this paragraph.
254.20(10)(b)
(b) Any representative of the department acting under
par. (a) shall comply with any health and safety procedure established by law for persons engaged in asbestos abatement activities.
