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 the occupant's representative of all of the following:
254.166(2)(c)1.
1. That a lead hazard is present on or in the dwelling or premises.
254.166(2)(c)2.
2. The results of any lead investigations conducted on or in the dwelling or premises.
254.166(2)(c)3.
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.
254.167 Cross-reference
Cross Reference: See also ch.
HFS 163, Wis. adm. code.
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
Prevention and control of lead-bearing paint hazards in dwellings and premises. 254.172(1)
(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.
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 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.
254.172 Cross-reference
Cross Reference: See also ch.
HFS 163, Wis. adm. code.
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:
254.173(2)(a)
(a) The owner or his or her employee or agent obtained the certificate by fraud.
254.173(2)(b)
(b) The owner or his or her employee or agent violated a condition of the certificate.
254.173(2)(c)
(c) During renovation, remodeling, maintenance or repair after receiving the certificate, the owner or his or her employee or agent created a lead-bearing paint hazard that was present in the dwelling or unit of the dwelling at the time that the lead poisoning or lead exposure occurred.
254.173(2)(d)
(d) The owner or his or her employee or agent failed to respond in a timely manner to notification by a tenant, by the department or by a local health department that a lead-bearing paint hazard might be present.
254.173(2)(e)
(e) The lead poisoning or lead exposure was caused by a source of lead in the dwelling or unit of the dwelling other than lead-bearing paint.
254.173(3)(a)(a) 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 that occur during the first 60 days after the owner acquires the dwelling or unit, except that this subsection does not apply to lead poisoning or lead exposure that results from a lead-bearing paint hazard created by the owner or his or her employee or agent.
254.173(3)(b)
(b) Immunity under
par. (a) applies only if all of the following occur:
254.173(3)(b)1.
1. The owner obtains a certificate of lead-free status or a certificate of lead-safe status for the dwelling or unit.
254.173(3)(b)2.
2. The owner shows by clear and convincing evidence that the property was in compliance with the standard to obtain a certificate of lead-free status or a certificate of lead-safe status by the end of the 60-day period and that the owner obtained the certificate in a reasonable amount of time following the owner's acts to achieve compliance.
254.173(3)(c)
(c) Immunity does not apply under this subsection if, during the 60-day period under
par. (a), one of the following applies:
254.173(3)(c)2.
2. The dwelling or unit is vacant and the owner fails to comply with interim lead hazard control measures specified by the department by rule.
254.173 History
History: 1999 a. 113.
254.174
254.174
Technical advisory committees. Before the department may promulgate rules under
s. 254.167,
254.168,
254.172 or
254.179, 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, representatives from the medical or public health professions, advocates for persons at risk of lead poisoning and a resident of a 1st class city. 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;
1999 a. 113.
254.176
254.176
Certification requirements. 254.176(1)
(1) Except as provided in
sub. (2) and
s. 250.041, and subject to
s. 254.115, 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.
