254.35(3)(c) (c) For a chiropractic, podiatric or veterinary site having an ionizing radiation installation, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
254.35(3)(d) (d) For a dental site having an ionizing radiation installation, the fee shall be at least $25 for each site and at least $20 for each X-ray tube.
254.35(3)(f) (f) For an industrial, school, research project or other site having an ionizing radiation installation and radioactive materials in any quantity, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
254.35(3)(g) (g) The fees under this subsection shall be as stated unless the department promulgates rules to increase the annual registration fee after January 1, 1986, for a site having an ionizing radiation installation or for an X-ray tube.
254.35(4) (4)Exemptions. The department shall exempt from registration any source licensed by the nuclear regulatory commission and may exempt from registration any source of radiation installation which the department finds to be without undue radiation hazard as determined by standards established by the national committee on radiation protection and measurements or any comparable nationally recognized agency established for the purpose of recommending standards for radiation protection, and after the initial registration may exempt from subsequent annual radiation requirements any source of radiation devoted primarily to industrial purposes.
254.35 History History: 1977 c. 29; 1979 c. 221; 1985 a. 29; 1989 a. 359; 1993 a. 27 s. 229; Stats. 1993 s. 254.35; 1995 a. 27 ss. 6335, 9116 (5).
254.36 254.36 Radiation protection council.
254.36(1) (1) The radiation protection council shall provide the department with technical advice and assistance in the administration of this subchapter and in the development of rules.
254.36(2) (2) The department, on the recommendation of the council, shall promulgate a radiation protection code. Other departments and agencies of state government and local governmental units may adopt the identical code, but no other rule, code or ordinance relating to this subject may be promulgated or enacted except as provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.
254.36(3) (3) The council shall monitor the development and implementation of private and local, state and federal government radiation-related policies and programs which may affect the health or well-being of the citizens of the state. These policies and programs include those involving ionizing radiation from X-rays or radioactive materials, nonionizing radiation such as lasers and microwaves, radioactive waste handling and disposal, the transportation of radioactive materials, radioactive air and water pollutants, radiation emergency response planning, the contamination of drinking water systems by radioactive materials, the environmental monitoring of radioactive materials and radon or its products of radioactive decay. As a result of monitoring these policies and programs, the council may:
254.36(3)(a) (a) Comment on reports, programs and regulations.
254.36(3)(b) (b) Recommend new departmental programs, including educational programs or changes in existing programs to the secretary.
254.36(3)(c) (c) Recommend new programs or changes in existing programs in other state agencies. These recommendations shall be transmitted to the secretary who shall forward them to the appropriate agencies.
254.36(3)(d) (d) Recommend that the department of justice intervene in a federal proceeding under s. 165.25 (1). This recommendation shall be transmitted to the secretary who shall forward it to the attorney general.
254.36(3)(e) (e) Recommend to the legislature, examining boards or other appropriate bodies methods for minimizing diagnostic radiologic exposure, including methods to minimize unnecessary screening procedures, duplicative procedures, improper radiographic field size and retakes.
254.36(3)(f) (f) Recommend to the secretary methods to improve inspection and examination of X-ray apparatus.
254.36(4) (4) The council shall upon request provide other state agencies or local governments with technical assistance on radiation-related policies and programs.
254.36(5) (5) The council may request other state agencies to send designees to attend meetings or to give advice on matters related to radiation protection concerns which are the responsibility or under the jurisdiction of those agencies.
254.36(6) (6) The council may recommend cooperation and coordination of programs related to radiation protection concerns. These recommendations shall be transmitted to the secretary who shall forward them to the appropriate agencies.
254.36(7) (7) All written recommendations, comments or proposed rules prepared by the council under this section shall be accompanied by any written comments prepared by any council member.
254.36 History History: 1979 c. 320; 1981 c. 86; 1983 a. 27 s. 2202 (38); 1985 a. 29 s. 3202 (1); 1987 a. 399; 1993 a. 27 s. 230; Stats. 1993 s. 254.36; 1995 a. 227, 378.
254.37 254.37 Enforcement.
254.37(1)(1)Notification of violation and order of abatement. Whenever the department or the department of commerce finds, upon inspection and examination, that a source of radiation as constructed, operated or maintained results in a violation of this subchapter or of any rules promulgated under this subchapter, it shall notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation and order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.
254.37(2) (2)Orders. The department or the department of commerce shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department or the department of commerce finds that a condition exists which constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department or the department of commerce may summarily cause the abatement of the violation.
254.37(3) (3)Rules. The department shall enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of commerce shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of commerce and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation. The department and the department of commerce are directed to consult with the radiation protection council in case of jurisdictional problems.
254.37(4) (4)Enforcement. All orders issued under this subchapter shall be enforced by the attorney general. The circuit court of Dane county shall have jurisdiction to enforce the orders by injunctional and other appropriate relief.
254.37 History History: 1993 a. 27 s. 231; Stats. 1993 s. 254.37; 1995 a. 27 ss. 6336 to 6338, 9116 (5).
254.38 254.38 Impounding materials. The department or department of commerce may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department or the department of commerce.
254.38 History History: 1985 a. 29; 1993 a. 27 s. 232; Stats. 1993 s. 254.38; 1995 a. 27 ss. 6339, 9116 (5).
254.39 254.39 Exceptions.
254.39(1)(1) Nothing in this subchapter may be interpreted as limiting intentional exposure of persons to radiation for the purpose of analysis, diagnosis, therapy, and medical, chiropractic or dental research as authorized by law.
254.39(2) (2) This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the nuclear regulatory commission.
254.39 History History: 1977 c. 29; 1991 a. 178; 1993 a. 27 s. 233; Stats. 1993 s. 254.39.
254.41 254.41 Radiation monitoring of nuclear power plants. The department shall take environmental samples to test for radiation emission in any area of the state within 20 miles of a nuclear power plant. The department shall charge the owners of each nuclear power plant in the state an annual fee of $30,000 per plant, commencing in fiscal year 1983-84, to finance radiation monitoring under this section. The department may change this annual fee by rule.
254.41 History History: 1979 c. 221; 1983 a. 27; 1993 a. 27 s. 235; Stats. 1993 s. 254.41.
254.45 254.45 Penalties. Any person who violates any provision of this subchapter or any rule or order of the department, or of the department of commerce, issued under this subchapter shall forfeit not less than $10 nor more than $500. Each day of continued violation after notice of the fact that a violation is being committed shall be considered a separate offense. If the injury or death of an employe is caused by a failure of an employer to observe or enforce any rule issued under this subchapter, compensation and death benefits shall be increased by 15% as provided in s. 102.57.
254.45 History History: 1993 a. 27 s. 234; Stats. 1993 s. 254.45; 1995 a. 27 ss. 6340, 9116 (5).
subch. IV of ch. 254 SUBCHAPTER IV
RECREATIONAL SANITATION
254.46 254.46 Beaches. The department or a local health department shall close or restrict swimming, diving and recreational bathing if a human health hazard exists in any area used for those purposes on a body of water and on associated land and shall require the posting of the area.
254.46 History History: 1993 a. 27.
254.47 254.47 Recreational permits and fees.
254.47(1) (1) The department or a local health department granted agent status under s. 254.69 (2) shall issue permits to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a permit under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.
254.47(2) (2) A separate permit is required for each campground, camping resort, recreational and educational camp and public swimming pool. No permit issued under this section is transferable from one premises to another or from one person, state or local government to another, except that the permit may be transferred from an individual to an immediate family member, as defined in s. 254.64 (4) (a), if the individual is transferring operation of the campground, camping resort, recreational and educational camp or public swimming pool to the immediate family member.
254.47(2m) (2m) The initial issuance, renewal or continued validity of a permit issued under this section may be conditioned upon the requirement that the permittee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s. 254.69 (2) (g), within a period of time that is specified. If the condition is not met within the specified period of time, the permit is void.
254.47(3) (3) Anyone who violates this section or any rule of the department under this section shall be fined not less than $25 nor more than $250. Anyone who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. The department may also, after a hearing under ch. 227, refuse to issue a permit or suspend or revoke a permit for violation of this section or any rule or order the department issues to implement this section.
254.47(4) (4) Permits issued under this section expire on June 30, except that permits initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in s. 254.69 (2) (d) and (e), the department shall promulgate rules that establish, for permits issued under this section, permit fees and late fees for untimely permit renewal.
254.47(5) (5) No permit may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this subsection, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is deemed to be operation without a permit.
254.47 History History: 1993 a. 16 ss. 2399 to 2401i; 1993 a. 27 ss. 182, 477; 1993 a. 183, 490; 1993 a. 491 s. 280.
subch. V of ch. 254 SUBCHAPTER V
ANIMAL-BORNE AND VECTOR-BORNE
DISEASE CONTROL
254.50 254.50 Definition. In this subchapter, "vector" means a carrier, including an arthropod or an insect, that transfers an infective agent from one host to another.
254.50 History History: 1993 a. 27.
254.51 254.51 Powers and duties.
254.51(1)(1) The state epidemiologist for communicable disease shall take those measures that are necessary for the prevention, surveillance and control of human disease outbreaks associated with animal-borne and vector-borne transmission.
254.51(2) (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of commerce and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.
254.51(3) (3) The department shall promulgate rules that establish measures for prevention, surveillance and control of human disease that is associated with animal-borne and vector-borne disease transmission.
254.51(4) (4) The local health department shall enforce rules that are promulgated under sub. (3).
254.51(5) (5) The local board of health may adopt regulations and recommend enactment of ordinances that set forth requirements for animal-borne and vector-borne disease control to assure a safe level of sanitation, human health hazard control or health protection for the community, including the following:
254.51(5)(a) (a) The control of rats, stray animals, noise and rabies and other diseases.
254.51(5)(b) (b) The control of wildlife, including the keeping of dangerous wild animals, disease transmission and human health hazard control and eradication.
254.51(5)(c) (c) Pest control, including community sanitation, rodent and vector control, resident responsibilities and the health impact of pesticide use.
254.51 History History: 1993 a. 27; 1995 a. 27 ss. 6341, 9116 (5).
254.52 254.52 Lyme disease; treatment, information and research.
254.52(1)(1) The department shall perform research relating to Lyme disease in humans.
254.52(2) (2) The department, in consultation with the department of education, the department of natural resources and the department of agriculture, trade and consumer protection, shall do all of the following:
Effective date note NOTE: Sub. (2) (intro.) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (2) The department, in consultation with the department of public instruction, the department of natural resources and the department of agriculture, trade and consumer protection, shall do all of the following:
254.52(2)(a) (a) Monitor the spread and incidence of Lyme disease.
254.52(2)(b) (b) Investigate suspected and confirmed cases of Lyme disease.
254.52(2)(c) (c) Review materials, activities and epidemiologic investigations prepared or conducted in other states in which Lyme disease is endemic and recommend a statewide strategy for dealing with Lyme disease.
254.52(2)(d) (d) Develop, update and disseminate information for use by clinicians, laboratory technicians and local health departments that diagnose or treat Lyme disease or investigate cases or suspected cases of Lyme disease.
254.52(2)(e) (e) Develop and distribute information through offices of physicians and local health departments and by newsletters, public presentations or other releases of information. That information shall include all of the following:
254.52(2)(e)1. 1. A description of Lyme disease.
254.52(2)(e)2. 2. Means of identifying whether or not individuals may be at risk of contracting Lyme disease.
254.52(2)(e)3. 3. Measures that individuals may take to protect themselves from contracting Lyme disease.
254.52(2)(e)4. 4. Locations for procuring additional information or obtaining testing services.
254.52(2)(f) (f) Conduct research on the serological prevalence of Lyme disease.
254.52 History History: 1989 a. 31; 1993 a. 27 s. 49; Stats. 1993 s. 254.52; 1995 a. 27 s. 9145 (1).
subch. VI of ch. 254 SUBCHAPTER VI
HUMAN HEALTH HAZARDS
254.55 254.55 Definitions. In this subchapter:
254.55(1) (1) "Dwelling" means any structure, all or part of which is designed or used for human habitation.
254.55(2) (2) "Owner" means any of the following:
254.55(2)(a) (a) A person who has legal title to a dwelling.
254.55(2)(b) (b) A person who has charge, care or control of a dwelling or unit of a dwelling as an agent of or as executor, administrator, trustee or guardian of the estate of a person under par. (a).
254.55 History History: 1993 a. 27.
254.56 254.56 Public places. The owner and occupant and everyone in charge of a public building, as defined in s. 101.01 (12), shall keep the building clean and sanitary.
254.56 History History: 1971 c. 185 s. 7; 1993 a. 27 s. 352; Stats. 1993 s. 254.56; 1995 a. 27.
Loading...
Loading...
This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?