Number
171665
Version
SUBSTITUTE 2
Reference
160742
Sponsor
ALD. COGGS, STAMPER, PEREZ, MURPHY, DONOVAN, HAMILTON, LEWIS, BAUMAN, RAINEY, BOHL AND BORKOWSKI
Title
A substitute ordinance relating to the replacement of lead water service lines at child care facilities.
Sections
225-22.5-1-a-6 cr
225-22.5-1-a-7 cr
225-22.5-2-a rn
225-22.5-2-a cr
225-22.5-2-b rn
225-22.5-2-c rn
225-22.5-3-c cr
225-22.5-6-b am
225-22.5-7 rc
225-22.5-8-a am
225-22.5-9-a-3 cr
225-22.5-9-b-1 am
225-22.5-9-b-4 am
Analysis
This ordinance requires the replacement of lead water service lines serving child care facilities. This mandate applies to both publicly-owned and privately-owned portions of lead service lines. The ordinance further provides that the city shall pay the full cost of replacing the privately-owned portions of lead water service lines serving child care facilities.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 225-22.5-1-a-6 and 7 of the code is created to read:
225-22.5. Lead Service Line Replacement.
1. FINDINGS.
a-6. Infants and young children are among those at greatest risk of adverse health impacts from exposure to lead, with childhood lead exposure being known to cause damage to the brain and nervous system, slowed growth and development, learning and behavior problems, and hearing and speech problems
a-7. Because of the significant risks to public health and safety posed by the continued use of lead service lines at child care facilities, the city has a strong public interest in remediating privately-owned lead water service lines at child care facilities.
Part 2. Section 225-22.5-2-a to c of the code is renumbered 225-22.5-2-b to d.
Part 3. Section 225-22.5-2-a of the code is created to read:
2. DEFINITIONS.
a. “Child care facility” means any of the following:
a-1. A group child care center licensed under s. 48.65, Wis. Stats., and ch. DCF 251, Wis. Adm. Code.
a-2. A family day care center licensed under s. 48.65, Wis. Stats., and ch. DCF 250, Wis. Adm. Code.
a-3. A certified child care home as defined in ch. DCF 202, Wis. Adm. Code.
Part 4. Section 225-22.5-3-c of the code is created to read:
3. REPLACEMENT REQUIREMENT.
c. The property is a child care facility.
Part 5. Section 225-22.5-6-b of the code is amended to read:
6. NOTICE.
b. Planned Replacement >>or Child Care Facility<< . In the event of a planned replacement under sub. 3-b, >>or if replacement is required under sub. 3-c,<< the commissioner of public works or commissioner’s designee shall provide written notice of the replacement requirement to the owner at least 45 days prior to the commencement of the planned replacement of the utility-owned portion of the service line.
Part 6. Section 225-22.5-7 of the code is repealed and recreated to read:
7. OWNER ELECTION. a. Upon receipt of a notice under sub. 6-a, the owner shall, within 10 business days, do one of the following:
a-1. Replace the privately-owned portion of the lead service line at the owner’s expense by contracting with a licensed contractor. The work shall be performed in accordance with all applicable state, local and utility regulations.
a-2. Elect to have a city contractor replace the privately-owned portion of the lead service line.
b. Upon receipt of a notice under sub. 6-b, the owner shall, within 30 days, do one of the following:
b-1. Replace the privately-owned portion of the lead service line at the owner’s expense by contracting with a licensed contractor. The work shall be performed in accordance with all applicable state, local and utility regulations.
b-2. Elect to have a city contractor replace the privately-owned portion of the lead service line.
Part 7. Section 225-22.5-8-a of the code is amended to read:
8. FINANCING OF REPLACEMENT BY CITY CONTRACTOR.
a. [[The]] >>Except as provided in sub. 9-a-3,<< the owner shall be responsible for the average current cost of replacing the privately-owned portion of the lead water service line. The average current cost shall be established each year by the commissioner of public works, subject to adoption by common council resolution. The owner may be eligible for a city subsidy under sub. 9.
Part 8. Section 225-22.5-9-a-3 of the code is created to read:
9. CITY SUBSIDY.
a. Payment Method.
a-3. The city shall pay the full cost of replacing the privately-owned portion of the lead service line if the property is a child care facility.
Part 9. Section 225-22.5-9-b-1 and 4 of the code is amended to read:
b. Eligibility Criteria.
b-1. The property is a one-, 2-, 3- or 4-family dwelling >>or a child care facility<< .
b-4. The owner executes a temporary right of entry and construction easement authorizing the city and its contractor access into the dwelling >>or child care facility<< as needed in order to complete the connection.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB170907-2
Jeff Osterman
04/18/2018