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.
254.179(1)(c)2.
2. The standards limiting the length of validity of a certificate of lead-safe status, including the condition of a premises, dwelling or unit of a dwelling, the type of lead hazard reduction activity that was performed, if any, and any other requirements that must be met to maintain certification, unless the certificate is earlier revoked because of erroneous issuance or because the premises, dwelling or unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall specify that the face of the certificate shall indicate the certificate's length of validity. The rules shall further specify that applications for certificates of lead-safe status for identical premises may be made only as follows:
254.179(1)(c)2.a.
a. A person may apply for no more than 2 successive certificates of lead-safe status that have a duration of less than 12 months and, if again applying for a certificate of lead-safe status, shall apply for a certificate that has a duration of 12 months or more.
254.179(1)(c)2.b.
b. A person to whom
subd. 2. a. applies shall, if applying for a certificate of lead-safe status that is additional to the certificates specified in
subd. 2. a. and that has a duration of less than 12 months, provide the department with a reason for the necessity for issuance of a certificate of that duration.
254.179(1)(c)2.c.
c. A person to whom
subd. 2. a. and
b. applies shall, if applying for a certificate of lead-safe status that is additional to the certificates specified in
subd. 2. a. and
b. and that has a duration of less than 12 months, provide the department with clear and convincing evidence of the necessity for issuance of a certificate of that duration.
254.179(1)(d)
(d) A mechanism for creating a registry of all premises, dwellings or units of dwellings for which a certificate of lead-free status or a certificate of lead-safe status is issued.
254.179(1)(e)
(e) The requirements for a course of up to 16 hours that a property owner or his or her employee or agent may complete in order to receive certification of completion and the scope of the lead investigation and lead hazard reduction activities that the owner, employee or agent may perform following certification, to the extent consistent with federal law.
254.179(2)
(2) By January 1, 2003, and every 2 years thereafter, the department shall review the rules under
sub. (1) and shall promulgate changes to the rules if necessary in order to maintain consistency with federal law.
254.179(3)
(3) Subject to
s. 254.174, the department may promulgate rules that set forth safe work practices that shall be followed in the demolition of a building constructed before January 1, 1978, to avoid exposure by persons to lead hazards in the area of the demolition.
254.179 History
History: 1999 a. 113.
254.18
254.18
Lead hazard reduction in dwellings and premises. Sampling or testing of dwellings, units of dwellings or premises for the presence of lead-bearing paint or a lead hazard is not required before lead hazard reduction activities are conducted if the presence of lead-bearing paint or a lead hazard is assumed and the lead hazard reduction activities are performed in a lead-safe manner.
254.18 History
History: 1999 a. 113.
254.181
254.181
Certificate of lead-free status and certificate of lead-safe status; fees and notification. 254.181(1)
(1) The department may impose a fee of $50 for issuance of a certificate of lead-free status and a fee of $25 for issuance of a certificate of lead-safe status. Fees under this section may not exceed actual costs of issuance and of
s. 254.179. The department shall review the fees every 2 years and adjust the fees to reflect the actual costs.
254.181(2)
(2) The department shall, at least quarterly, notify a local health department concerning issuance of certificates of lead-free status and certificates of lead-safe status in the area of jurisdiction of the local health department.
254.181 History
History: 1999 a. 113.
254.182
254.182
Repayment to general fund. The secretary of administration shall transfer from the appropriation account under
s. 20.435 (1) (gm) to the general fund the amount of $735,000 when the secretary of administration determines that program revenues from fees imposed under
ss. 254.176 (3) (e) and
(4),
254.178 (2) (d) and
254.181 are sufficient to make the transfer.
254.182 History
History: 1999 a. 113.
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 employee may perform any asbestos abatement activity unless he or she has a valid certification card issued to him or her under
sub. (3).
