NUMB:
980841
VERS:
SUBSTITUTE 4
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to lead poisoning prevention and control.
SECS:
60-54 am
66-20 rc
66-21 cr
66-22 rc
75-40-2 am
ANLS:
- Analysis -
This ordinance, relating to lead poisoning prevention and control:
1. Adopts federal regulations, establishing criteria and authority for the health department to perform environmental dust-wipe sampling as a clearance measure in residential housing in which written orders have been issued.
2. Specifies the purpose of the subchapter relating to lead poisoning prevention and control.
3. Modifies the existing procedures authorizing the health department to perform lead hazard reduction and assess the cost as a special charge to conform the procedures to statutory requirements.
4. Clarifies current code language.
5. Changes the terminology "lead abatement permit" to "lead reduction permit."
BODY:
Whereas, Lead-based surfaces are a significant source of the lead which causes elevated lead blood levels in young children, and even a minute amount of lead can cause elevated lead blood levels and irreversible developmental damage to a young child; and
Whereas, Properties constructed prior to 1978 are more likely to contain serious lead-based hazards than buildings constructed in more recent years; and
Whereas, Due to the fact that much of Milwaukee's housing stock was constructed prior to 1978, and lead-based hazards are a likely occurrence in many older properties, children who reside in such older properties may be particularly at risk for exposure to lead-based nuisances; and
Whereas, It is in the best interest of the City of Milwaukee to protect young children from the dangers of exposure to lead-based nuisances by regulating lead hazard reduction activities; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-54 of the code is amended to read:
60-54. Lead [[Abatement]] >>Reduction<< Permit. The fee for each lead [[abatement]] >>reduction<< permit shall be $50 per >>dwelling,<< dwelling unit,
supplemental location or premises. (See s. 66-22.)
Part 2. Section 66-20 of the code is repealed and recreated to read:
66-20. Purpose. 1. The federal centers for disease control and prevention report that lead provides no known biological benefit to human beings. Lead can produce adverse effects on virtually every system in the body. It can damage the kidneys, the nervous system, the reproductive system and cause high blood pressure. Very high blood lead levels cause devastating health consequences including seizures, coma and death.
2. Lead is especially harmful to the developing brains of fetuses and young children. There may be no lower threshold for some of the adverse effects of lead in children. A minute amount of ingested lead can cause elevated blood lead levels and irrevocable developmental damage to a young child. In addition, the harm that lead causes to children increases as their blood lead levels increase. Elevated blood lead levels in children can result in learning disabilities, behavioral problems and mental retardation.
3. Because of the risk that lead presents to the public health, especially to children, the purpose of this subchapter is to ensure the protection of public and environmental health through identification of lead hazards by a health department inspection and subsequent regulation of lead hazard reduction activities on premises which have received written health department orders. The subchapter is specifically intended to protect young children from exposure to lead-based nuisances. This protection will be achieved by first identifying lead hazards in a health department inspection, primarily those hazards resulting from the presence of lead-based paint, and subsequently regulating lead hazard reduction activities on premises which have received written health department orders as a result of the health department inspection.
4. To protect the children of this community, the health department may inspect a property whenever a child who lives in or visits the property is identified with a blood lead level at which the U.S. public health service, center for disease control and prevention, lead poisoning prevention guidelines recommend environmental intervention; a citizen reports to the health department the presence of a lead hazard accessible to children; health department personnel identify a possible lead hazard accessible to children; or when community-level interventions are done in targeted housing constructed before 1978.
5. In general, the subchapter only applies to those residential and commercial properties where children reside or visit and in which a health department inspection has identified lead hazards. It is not the intent of this subchapter to regulate routine preventive maintenance activities unless those activities create a lead-based nuisance. It is not the intent of this subchapter to regulate routine preventive maintenance activities on residential or commercial properties when such activities do not create a lead-based nuisance. Specifically, it is not the intent of this subchapter to regulate any of the following activities if they do not create a lead-based nuisance:
a. Preventive maintenance including, but not limited to, repainting over or covering lead-based paint with nonlead-based paint and performing cleaning activities designed to maintain a no-lead hazard or reduced lead hazard condition.
b. Disturbing lead-based paint surfaces incidental to the performance of remodeling, renovation or repair activities where the intent of the project is not to reduce the hazard or potential hazard of lead exposure.
Part 3. Section 66-21 of the code is created to read:
66-21. Definitions. In this subchapter:
1. ABATEMENT means any activity or set of activities with the intent to permanently remove, encapsulate, enclose or replace lead based nuisances to include all site preparation, specialized initial and preclearance cleaning and waste disposal associated with those activities.
2. APPROVED or APPROVED BY THE COMMISSIONER means those materials, products and work methods that are included on the descriptive lists prepared by the commissioner and made available to the public under s. 66-22-12.
3. APPROVED LEAD HAZARD REDUCTION CONTRACTOR means an individual, through state of Wisconsin certification, who can perform the safe and proper lead hazard reduction of lead based nuisances in dwellings, dwelling units, supplemental locations and premises.
4. CHILD means any youth under 7 years of age.
5. CLEARANCE STANDARD means criteria set forth by the department for purposes of evaluating the effectiveness of lead hazard reduction activities.
6. COMMISSIONER means the commissioner of health or an authorized representative.
7. DEPARTMENT means the health department.
8. DUST-WIPE SAMPLING means department method for determining lead dust levels on the surfaces of dwellings, dwelling units, supplemental locations or premises.
9. DWELLING means any building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants including any appurtenances attached thereto.
10. DWELLING UNIT means any structure, vacant or occupied, all or part of which is designed for human habitation.
11. ELEVATED BLOOD LEAD LEVEL means a concentration of lead in whole blood at the current level set by the U.S. public health service, center for disease control and prevention.
12. 5-DAY HAZARD CONTROL means department-ordered cleaning of lead based surfaces for the purposes of immediately reducing lead hazards within 5 days following completion of a department lead hazard inspection and receipt of department orders. Acceptable methods of control include use of HEPA vacuums, wet wiping of surfaces.
13. HEPA VACUUM means a high efficiency particulate air vacuum or similar device capable of removing particles 0.3 microns or greater at 99.97% efficiency.
14. INTERIM CONTROL ACTIVITY means any activity or set of activities intended to temporarily reduce human exposure or likely exposure to a lead nuisance, including but not limited to initial and pre-clearance cleaning, temporary containment and minor repairs or maintenance activities such as painting.
15. LEAD BASED NUISANCE means any lead based substance, surface or object which may reasonably contribute to an elevated blood lead level due to lead content, condition or location and which is accessible to children and is declared a public health nuisance as defined in s. 80-1-2.
16. LEAD BASED SURFACE means any painted or coated surface, having a lead content greater than or equal to .7 mg/cm² as measured by an x-ray fluorescence analyzer, or greater than or equal to .06% lead by weight as determined by laboratory analysis or other department field method.
17. LEAD HAZARD REDUCTION ACTIVITY means any activity or set of activities intended to permanently or temporarily reduce human exposure to lead based nuisance hazards through abatement or interim control of lead based surfaces, lead contaminated dust or lead contaminated soil.
18. LEAD HAZARD REDUCTION PROJECT means the application of any abatement or interim control activity designed to eliminate or reduce lead based nuisance as identified and ordered by the department, or as identified by the department and funded by the U.S. department of housing and urban development, including:
a. Defective or deteriorated lead based surfaces extending cumulatively over an area greater than or equal to 10 square feet which are damaged due to friction, impact, chipping, peeling, flaking or water or moisture damage.
b. Leaded dust that has accumulated in amounts greater than or equal to U.S. environmental protection agency lead in dust standards, as amended.
c. Lead in soil that has accumulated in amounts greater than or equal to U.S. environmental protection agency lead in soil standards, as amended.
19. OWNER means any person who alone or jointly or severally with others:
a. Has legal or equitable title to any dwelling, dwelling unit, supplemental location or premises; or
b. Has charge, care or control of the dwelling, dwelling unit, supplemental location or premises as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.
20. PREMISES means any portion of a platted or unplatted lot, parcel or plot of land either occupied or unoccupied by any building or structure, equipment or property of any kind.
21. PREVENTIVE MAINTENANCE means any of the following activities if they do not create a lead-based nuisance:
a. Interim control activities, including repainting over or covering lead-based paint with nonlead-based paint and performing cleaning activities designed to maintain a no-lead hazard condition.
b. Disturbing lead-based paint surfaces incidental to the performance of remodeling, renovation or repair activities where the intent of the project is not to reduce the hazard or potential hazard of lead exposure.
22. STANDARD TREATMENT means a department-approved lead hazard reduction method required for compliance with department orders.
23. SUPPLEMENTAL LOCATION means any dwelling, dwelling unit or premises where any person cares for, teaches, trains or supervises a child, including any structure adjacent to the dwelling unit of a lead poisoned child.
24. TARGET HOUSING means any dwelling constructed prior to 1978, except a dwelling for the elderly or persons with disabilities or any dwelling without a bedroom unless a child occupies or is expected to occupy the dwelling.
25. VISUAL EXAMINATION means an inspection by department staff of standard treatments conducted by trained or certified individuals, for the purposes of ensuring that work quality matches department specifications as set forth in the standard treatments.
26. WET-SCRAPED means the moistening of a surface to limit the creation of airborne dust during the removal of a coating containing lead, while containing all runoff of the wetting agent for proper disposal.
Part 4. Section 66-22 of the code is repealed and recreated to read:
66-22. Lead Poisoning Prevention and Control Regulations. 1. PROHIBITED ACTS. a. No owner or person may create or knowingly allow to exist in or on their property any lead-based nuisance, as defined in s. 66-21-15.
b. No person may apply lead bearing coatings having a lead content greater than or equal to 0.06% by weight, calculated as lead in the total nonvolatile content or any other coating material which would result in a lead based surface to:
b-1. Any exposed surface on the interior or exterior of a dwelling, dwelling unit, supplemental location or premises.
b-2. Any object to be used inside, outside or upon any exposed surface of a dwelling, dwelling unit, supplemental location or premises.
2. WARNING LABEL REQUIRED. a. No person may store, sell, give away or accept any paint, coating material or object which has a lead content greater than or equal to 0.06% by weight, calculated as lead metal in the total nonvolatile content of the liquid, including any additives, or a finished surface that contains lead at a concentration greater than or equal to .7 milligram per square centimeter, unless such paint, coating material or object has a securely attached, prominently displayed and easily read label with the following wording:
WARNING!
Contains Lead!
Harmful If Consumed!
KEEP OUT OF REACH OF CHILDREN.
DO NOT APPLY WHERE
ACCESSIBLE TO CHILDREN.
b. The warning statement shall also be required on any accompanying literature, instructions or directions.
c. The warning label requirement does not apply to dwelling units.
3. ENFORCEMENT. a. The department may conduct an inspection of a dwelling, dwelling unit, supplemental location or premises on surfaces, substances or objects which the department has reason to believe constitutes a lead based nuisance and may also take samples of materials which are believed to contain lead for further laboratory analysis.
b. If the department is refused admittance to any dwelling, dwelling unit, supplemental location or premises to conduct an environmental inspection, the commissioner may apply for and obtain a special warrant pursuant to ss. 66.122 and 66.123, Wis. Stats., to gain access.
c. If the department determines that a lead based nuisance exists in or upon a dwelling, dwelling unit, supplemental location or premises, the department may:
c-1. Notify the occupant or the occupant's representative and the owner, that lead based nuisances are present and that they constitute a health hazard.
c-2. Issue orders for lead hazard reduction activities to address those lead-based nuisances found to exceed allowable lead levels as provided in s. 66-21-18. The order shall state that the order may be appealed, the deadline by which the appeal must be filed and the entity to which the appeal must be made.
d. If orders are not complied with by the expiration date, the commissioner may, provided the department has funds available, secure an appropriate court-issued warrant for entry to the premises to abate or remove the nuisance and use the authority delegated under ch. 17 of the charter to summarily abate or remove a nuisance and may, after following proper notice and an opportunity for a hearing before the common council, assess the cost of such action, not to exceed 40% of the assessed market value of the property, as a special charge upon the property.
d-1. In addition to the principal remaining unpaid, interest shall be added commencing after the billing date of the invoice. The interest rate charged shall be that specified in s. 115-42-8-b-3. A 45-day grace period for payment will be granted from the date of billing and if not paid within such period, interest shall be charged on a restorative basis to the date of billing.
d-2. After being placed on the tax roll, such amounts of special charges shall be paid within the time allowed for the payment of general property taxes. If the owner fails to pay a special charge within the time allowed for payment, it shall become delinquent and be treated in the same manner and subject to the same laws as a delinquent property tax.
4. LEAD HAZARD REDUCTION PROJECT PERMIT REQUIRED. Except as otherwise provided in par. a, no person may conduct or perform work on a lead hazard reduction project without obtaining a lead hazard reduction project permit approved by the department. Permit-holders shall follow the interior and exterior lead hazard site preparation and reduction standards in subs. 5 to 9.
a. Permit and certification exceptions. a-1. A permit shall not be required for:
a-1-a. Work involving repair to less than 10 square feet of lead-based nuisance.
a-1-b. Work involving repair to comply with a 5-day hazard control order.
a-1-c. Preventive maintenance.
a-2. On a lead hazard reduction project, the department may approve the use of non-certified workers on the project site if the workers do not participate in activities that create a lead based nuisance or that, intentionally or incidentally, disturb lead based paint. These activities include, but are not limited to, repainting or siding application after lead-based paint hazards have been stabilized or building a new porch after an old porch has been safely removed. The department may require the oversight of such non-certified workers by a certified supervisor at a project site.
b. Applications. Applications for permits shall be made on forms obtained from and returned to the department.
b-1. Applicants are required to be state-certified
as provided for in Wis. Adm. Code ch. HFS 163, as amended, and shall pay the fee required in s. 60-54, prior to the issuance of a permit.
b-2. An application to revise the start date of a project shall be submitted to and approved by the department prior to the start date specified on the original permit.
b-3. Permit extensions shall be applied for and approved prior to expiration of the permit. The department may charge a fee for a permit extension.
c. Posting of Permit. The permit shall be posted in a conspicuous location at the reduction site until the reduction has been completed.
d. Permit Denial or Granting with Conditions. d-1. An application for a permit may be denied or granted with conditions if the applicant has been convicted of 3 or more project violations under par. i on or after November 18, 1998 and at least 3 convictions were on account of actions occurring within the 24 months immediately preceding the date of application.
d-2. Whenever a permit is denied or granted with conditions under subd. 1, the commissioner shall so notify the applicant in writing. The notice shall state that the applicant may appeal the decision under sub. 13 and shall specify how such appeal may be made.
e. Commissioner to Enforce Appeal Decisions. Based upon the record of a hearing conducted under sub. 13, the commissioner shall enforce the decision of the board.
f. List of Significant Violations for Public Inspection. The commissioner shall establish, maintain and periodically revise as necessary, a list of specific actions which constitute significant violations of under par. H. The commissioner shall make the list readily available for public inspection.
g. Permit Suspension. g-1. If proper procedures and compliance with the approved treatments are not followed or conditions result that create a hazardous environment, the commissioner may give written notice to suspend the lead hazard reduction permit. When a permit is suspended, all work shall be stopped and the lead hazards must be contained or cleaned pending correction of the violation and reissuance of the permit.
g-2. Any decision of the commissioner under this paragraph is effective unless the permit holder seeks a hearing on the decision under subd. g-3.
g-3. Any person whose permit has been suspended may appeal the suspension by delivering a written request for a hearing to the commissioner no later than 5 working days following the permit action. The commissioner shall schedule a hearing on the appeal within 10 working days after the commissioner's receipt of the request for hearing.
g-4. After taking testimony at the hearing, the commissioner may affirm, reverse or alter the original action concerning the permit. The commissioner shall provide the appellant with a written notice of his or her decision. The notice shall state that the person may appeal the decision under sub. 13 and shall specify how such appeal may be made.
h. Lead Hazard Reduction Project Violations. The following practices shall be considered violations of this subchapter and may result in the issuance of a citation for each violation:
h-1. Conducting lead hazard reduction projects without a permit, before the effective date of the permit or after the expiration date of the permit.
h-2. Conducting lead hazard reduction projects with an employe or worker who has not been certified under Wis. Adm. Code ch. HFS 163, except as authorized in subd. a-2.
h-3. Conducting lead hazard reduction projects without having a lead supervisor certified by the state of Wisconsin on the lead hazard reduction site when reduction activities are in progress.
h-4. Failure to meet performance date criteria set forth on lead hazard reduction permits.
h-5. Failure to meet specifications of the standard treatments or equally protective treatments as mutually agreed upon between the owner and the department.
h-6. Failure to secure the lead hazard reduction site or post warning signs at all entrances or exits to the lead hazard reduction area.
h-7. Failure to provide department approved interior or exterior containment prior to or during lead hazard reduction projects.
h-8. Failure to properly decontaminate the areas undergoing lead hazard reduction by using a HEPA vacuum, washing with a general purpose detergent and rinsing with clear water.
h-9. Removal, containment, storage, transport or disposal of lead containing materials in an unsafe manner.
h-10. Subcontracting for an activity related to a lead hazard reduction project prior to final visual examination, clearance dust sampling and approval by the department.
h-11. Failure to be in compliance with all applicable local, state and federal laws and regulations, including Wis. Adm. Code chs. HFS 163 and NR 600 to 685, and federal resource conservation recovery act, environmental protection agency and occupational safety and health agency regulations.
5. HAZARD REDUCTION REGULATIONS. a. Signs to be Posted. Prior to the reduction of lead from any area in a dwelling, dwelling unit, supplemental location or premises, caution signs measuring 20 inches by 14 inches, issued by the department at the time the permit is obtained, shall be posted at all entrances and exits.
a-1. The signs shall read:
DANGER - LEAD PAINT DUST HAZARD.
a-2. Signs shall be posted at least one day prior to the commencement of the reduction activities, and remain in place for the duration of the project, unless otherwise authorized by the commissioner.
b. Notice to Occupants. The permittee shall provide written and oral notification of planned lead hazard reduction activities to occupants of a dwelling, dwelling unit, supplemental structure or premises.
c. Compliance with Other Laws. All lead hazard reduction activities shall be performed in compliance with all applicable local, state and federal laws and regulations, including Wis. Adm. Code chs. HFS 163 and NR 600 to 685, as amended, and federal resource conservation recovery act, environmental protection agency and occupational safety and health agency regulations, as amended.
d. Site Inspection. The commissioner may inspect and sample any dwelling, dwelling unit, supplemental location or premises at any time during the reduction process to insure compliance with reduction standards. Evaluation procedures including, but not limited to, visual examination, wipe sampling, soil testing, air sampling and x-ray fluorescence analysis may be used.
6. INTERIOR SITE PREPARATION. a. Furnishings shall be removed from each room or area as it is prepared for reduction or covered with plastic at least 6 mils thick and sealed with tape. All furnishings remaining in the reduction area shall be HEPA vacuumed prior to unit reoccupancy.
b. All heating, ventilating, air conditioning openings and entrances to a reduction site, with the exception of the entrance used by workers, shall be sealed with plastic at least 6 mils thick and taped to prevent contamination by lead dust or particles. The entrance used by workers shall have 2 layers of 6 mils thick plastic attached at the top edges of the doorway and at opposite sides to form a z-door.
c. Where lead hazard reduction activity is in process, interior floors shall be covered with 2 layers of 6 mil plastic. However, the use of 6 ml plastic as an engineering control may vary according to projects and its application and placement is subject to department approval prior to and during the course of a lead based reduction project.
7. INTERIOR LEAD HAZARD REDUCTION STANDARDS.
a. Initial Cleaning. Interior areas, including all interior surfaces, woodwork, wood trim, walls, ceilings, windows and floors and all exterior window sills and wells, identified as being in violation of sub. 1 shall be thoroughly cleaned with a HEPA vacuum and washed with a general purpose detergent within 5 calendar days of receipt of notice from the commissioner.
b. 5-Day Hazard Control. All surfaces in violation of sub. 1 which have had a preventive cleaning as provided in par. a and which are accessible to children, must be taped or covered until additional procedures to control the lead hazards have been concluded.
c. Permissible Methods. Permissible methods for the removal of lead-based coatings from all surfaces shall include the use of any of the following: wet scraping, a heat gun (less than 1,100 F), chemical strippers which do not contain methylene chloride and HEPA vacuum assisted electric planers. The affected areas can then be covered with non-lead based primer and paint, encapsulant or enclosure material such as vinyl or aluminum, to include caulking seams and edges and anchoring with mechanical fasteners.
d. Prohibited Methods. The removal of lead-based coatings by sanding, sandblasting, pressure washing, grinding, the use of an open flame torch, or strippers containing methylene chloride, vacuuming with non-HEPA-equipped household or shop vacuums, dry sweeping in areas that are not properly contained and sealed, or any method that allows leaded dust to become airborne, is prohibited. The department may approve exceptions to these prohibitions, contingent upon the existence of adequate engineering controls to eliminate lead exposure to occupants or workers.
e. Treatment of Surfaces of Dwelling Unit Interior Structures. e-1. Dwelling unit interior structures must first be maintained or corrected to structurally sound and sanitary condition in accordance with the standards provided in ss. 275-33 and 34. All interior surfaces that are identified as lead based nuisances shall be treated with methods in accordance with par. c and shall be repaired to have structurally sound and smooth surfaces. Those surfaces must be HEPA vacuumed, washed with a general purpose detergent and then coated, covered or enclosed with a non-lead-based coating, encapsulant or material approved by the commissioner pursuant to department orders.
e-2. Floors having deteriorated lead-based surfaces shall be covered with vinyl tile, vinyl sheet goods, linoleum flooring or other approved materials. Chemical stripping of a floor shall be permissible.
e-2-a. Varnish or other approved sealants may also be used on floors having deteriorated lead-based surfaces, provided the floors are carpeted or covered in a manner approved of by the commissioner after they are sealed.
e-2-b. Wood floors having deteriorated lead-based surfaces from a varnish, stain, urethane or shellac finish may be treated with a sealant approved by the commissioner.
e-3. The lead-based surfaces of exterior window sills or wells (troughs) shall have all the lead-based surfaces removed to bare wood and then be stabilized with a non-lead-based primer and paint or be replaced with wood not covered with a lead-based surface or be enclosed with vinyl or metal. Any exterior window sill surfaces treated for lead hazard reduction shall be smooth and cleanable.
e-4. The lead-based surfaces of sash tracks of double hung windows shall either have all lead-based surfaces removed to bare wood and then be stabilized with a non-lead-based primer and paint or coating, or shall have single or double sash track liners installed with remaining exposed lead-based surfaces removed to bare wood and then stabilized with a non-lead-based primer and paint or coating. This requirement does not apply to non-deteriorated exposed exterior sash tracks that are not subject to friction and are protected from weathering.
e-5. The lower sashes of double hung windows which have deteriorated lead-based surfaces shall have all the lead-based surfaces removed to bare wood and then stabilized with a non-lead-based primer and paint or coating.
e-6. The upper sashes of double hung windows which have deteriorated lead-based surfaces of 20% or more of their coated surface area shall have all the lead-based surfaces removed to bare wood and then be stabilized with a non-lead-based primer and paint or coating. Upper sashes which have deteriorated lead-based surfaces of less than 20% of their coated surface area shall have all lead-based surfaces and glazing removed from deteriorated areas and then be stabilized with a new glazing material, non-lead-based primer and paint or coating.
e-7. All other window component surfaces which have deteriorated lead-based surfaces shall have all deteriorated lead-based surfaces removed and then be stabilized with a non-lead-based primer and paint or coating. Any window component surfaces receiving lead hazard reduction shall be smooth and cleanable.
e-8. Lead based surfaces that are free of deterioration except for chalking may be washed and repainted with a non-lead based paint or coating. This does not apply to floors, exterior window sills, wells, troughs and double-hung window sash tracks.
e-9. Storm windows covering windows that have received lead hazard reduction shall be repaired to a weatherproof and waterproof condition with glass intact. All wooden storm windows with deteriorated lead-based surfaces shall have the deteriorated lead-based surfaces removed and shall be stabilized with a non-lead-based primer and paint or coating.
e-10. Complete window units or individual window components such as sashes may also be replaced with materials free of lead-based surfaces. A window trough insert may be used where an operational, intact and complete combination storm/screen window is present and a window trough lead hazard has been identified by the department. After replacement, any remaining exposed window surfaces must meet the requirements specified in subds. 3 to 8.
f. Final Cleaning. After the entire lead hazard reduction process has been completed, a final HEPA vacuum, wash with a general purpose detergent and rinse with clear water of all interior surfaces in the dwelling unit or supplemental location must be done.
g. Removal of Waste. At the end of the work day, all waste resulting from the lead hazard reduction process shall either be collected, contained or stored in a secure area, or shall be collected, contained and removed from the reduction site and be disposed of as provided in sub. 11.
8. EXTERIOR SITE PREPARATION. a. Exterior lead hazard reduction work shall be performed in a manner that will prevent leaded waste from coming into contact with the ground or from entering the interior of the dwelling, dwelling unit, supplemental location or premises.
b. All windows and doors of the dwelling, dwelling unit or supplemental location shall be kept closed while lead hazard reduction is being conducted.
c. Six mil plastic to collect reduction waste shall be attached to and extend at least 6 feet from the foundation and at the base of the structure being worked on and in all cases adequate to contain any falling debris.
d. At the end of the work day, all waste resulting from the lead hazard reduction process shall either be collected, contained or stored in a secured area, or shall be collected, contained and removed from the work site and be disposed of as provided in sub. 11.
9. EXTERIOR LEAD HAZARD REDUCTION STANDARDS.
a. Treatment of Surfaces of Dwelling Exterior Structures. a-1. Dwelling exterior structures first must be maintained or corrected to a structurally sound, weatherproof and watertight condition in accordance with the standards provided in ss. 275-32 and 34.
a-2. Exterior surfaces that are identified as lead-based nuisances shall have the deteriorated lead-based surfaces removed in accordance with sub. 7-c and shall be repaired to be structurally sound, weatherproof, watertight and smooth surfaces. Exterior surfaces shall then be coated with non-lead-based primer and paint, aluminum, vinyl or steel siding or a covering approved by the commissioner pursuant to department orders.
a-3. When lead hazards have been identified on any portion of the exterior sill of an operational, intact and complete combination storm/screen window, the sill and window casing on the outside of the combination storm/screen portion of the window shall be identified and treated as an exterior lead hazard.
b. Treatment of Contaminated Soil. In the event of contamination of soil with lead particles, the commissioner may order that the soil be removed to a depth of 3 inches and be replaced with uncontaminated soil or be covered pursuant to department orders. Any contaminated soil shall be disposed of as provided in sub. 11.
10. CLEARANCE STANDARD. a. Dust-Wipe Sampling.
a-1. Dust-wipe sampling and analysis shall be performed by the department.
a-2. Clearance dust-wipe levels must be less than the lead in dust standards established by the U.S. department of housing and urban development under the authority of the housing and community development act of 1992, section 403, and found at 60 Fed. Reg. 47,247 (1995), (to be codified).
a-3. The department shall conduct dust wipe sampling as promptly as possible after the department has been notified that lead hazard reduction activities have been completed, and shall make every reasonable attempt to conduct sampling within 5 working days.
b. Final Visual Examination. Inspection shall be conducted by the department to determine full compliance with inspection orders prior to clearance dust sampling.
11. DISPOSAL OF LEAD HAZARD ABATEMENT WASTE. Waste generated from lead hazard reduction shall be disposed of in a manner that will not endanger the health or well-being of the occupants, neighbors or community and shall be in compliance with all applicable local, state and federal laws and regulations, including Wis. Adm. Code ch. HFS 163 and chs. NR 600 to 685, as amended, and federal resource conservation recovery act, environmental protection agency and occupational safety and health agency regulations, as amended. At no time shall leaded dust be allowed to become airborne during disposal.
12. APPROVED MATERIALS, PRODUCTS AND WORK METHODS. The commissioner shall prepare and make available without charge to the public a descriptive list of the following specific materials, products and work methods:
a. Material approved by the commissioner for coating, covering or enclosing interior surfaces that are identified as lead based nuisances, as referenced in sub. 7-e-1.
b. Other materials approved for covering floors having deteriorated lead-based surfaces, as referenced in sub. 7-e-2-0.
c. Other sealants approved for use on floors having deteriorated lead-based surfaces, as referenced in sub. 7-e-2-a.
d. Manner approved by the commissioner for covering floors having deteriorated lead-based surfaces on which varnish or other approved sealants have been used, as referenced in sub. 7-e-2-a.
e. Sealant approved by the commissioner for treating wood floors having deteriorated lead-based surfaces from a varnish, stain, urethane or shellac finish, as referenced in sub. 7-e-2-b.
f. Covering approved by the commissioner for coating exterior surfaces that are lead-based nuisances, as referenced in sub. 9-a-2.
13. APPEALS TO ENVIRONMENTAL HEALTH BOARD. a. A person who seeks to appeal an order or other action of the department or the commissioner shall file a written appeal with the environmental health board within 5 working days after the person has received written notice of the order or action being appealed. The appeal shall state with specificity the reason that the appellant believes the order or action was taken in error.
b. The board shall hold a due process hearing on each appeal within 10 working days of receipt of the written appeal.
c. The board shall serve the appellant with written notice of the hearing. The notice shall be served so that the appellant has at least 5 working days' notice of the hearing. The hearing notice shall contain:
c-1. The date, time and place of the hearing.
c-2. A statement that an opportunity will be given to the appellant to challenge the order or action, present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
c-3. A statement that the appellant may be represented by an attorney of the appellant's choice at the appellant's expense, if the appellant so wishes.
d. At the hearing, the board chair shall open the meeting by stating that a notice was sent and read the notice into the record unless the appellant admits notice. The chair shall advise the appellant that the appellant has an option to proceed with a due process hearing, represented by counsel, with all testimony both direct and cross-examination under oath, or that the appellant may simply make a statement to the board.
e. A due process hearing shall be conducted in the following manner:
e-1. All witnesses will be sworn in.
e-2. The department or commissioner shall proceed first.
e-3. The appellant shall be permitted an opportunity to cross-examine.
e-4. After the conclusion of the evidence of the department or commissioner, the appellant shall be permitted to present the appellant's own witnesses, subject to cross-examination.
e-5. Board members may ask questions of witnesses.
e-6. Both the department or commissioner and the appellant shall be permitted a brief summary statement.
e-7. The board, in its discretion, may allow the filing of written briefs.
f. The recommendations of the board regarding the appellant must be based on evidence presented at the hearing.
g. The board may affirm, reverse or modify the original order or action of the department or commissioner. The board may make a decision immediately following the hearing or at a later date. The board shall provide its decision in writing to the commissioner and the appellant.
Part 3. Section 75-40-2 of the code is amended to read:
75-40. Environmental Health Board.
2. DUTIES. >>a.<< The environmental health board shall serve as an appeal board with respect to the nonrenewal, suspension or revocation of permits and licenses issued under chs. 66 and 75 (except for those under s. 75-15) and under ss. 76-20, 84-45 and 84-48, and with respect to the denial or granting with conditions of permits applied for under
s. 66-12-5.
>>b. The environmental health board shall serve as an appeal board for appeals of an order or other action of the health department or the health commissioner pursuant to s. 66-22-13.<<
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Health Department
DFTR:
LRB97168.10
CW
10/15/98