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.
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) Except as provided in
s. 250.041 and subject to
s. 254.115, 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 under this section certifications issued under this section.
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, except that the only hearing rights available for a denial, revocation or nonrenewal of any certification issued under this section based on tax delinquency are those set forth in
s. 73.0301 (5).
254.176 Cross-reference
Cross Reference: See also ch.
HFS 163, Wis. adm. code.
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) Except as provided in
s. 250.041, 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, except as provided in
s. 250.041, for accreditation of lead training courses and approval of lead instructors. These rules:
254.178(2)(a)
(a) Except as provided in
s. 250.041, shall include requirements and procedures for granting, renewing, revoking and suspending under this section lead training course accreditations and lead instructor approvals.
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 under this section any accreditation or approval issued under this section in accordance with the procedures set forth in
ch. 227.
254.178 Cross-reference
Cross Reference: See also ch.
HFS 163, Wis. adm. code.
254.179
254.179
Rules for dwellings and premises. 254.179(1)
(1) Subject to
s. 254.174 and after review of ordinances of cities, towns and villages in this state, the department shall, by use of a research-based methodology, promulgate as rules all of the following:
254.179(1)(a)
(a) Except as provided in
s. 254.18, the standards for a premises, dwelling or unit of a dwelling that must be met for issuance of a certificate of lead-free status or a certificate of lead-safe status to the owner of the premises, dwelling or unit of a dwelling, with the goal of long-term lead hazard reduction.
254.179(1)(b)
(b) The procedures by which a certificate of lead-free status or a certificate of lead-safe status may be issued or revoked.
254.179(1)(c)
(c) The period of validity of a certificate of lead-free status or a certificate of lead-safe status, including all of the following:
254.179(1)(c)1.
1. Authorization for the certificate of lead-free status to remain in effect unless revoked because of erroneous issuance or because the premises, dwelling or unit of the dwelling is not free of lead-bearing paint. The rules shall specify that the face of the certificate shall indicate that the certificate is valid unless revoked.
