Wisconsin Code § 254.11

Definitions
Open in Lexace · Ask the AI about this section
In this subchapter:
(1) “Asbestos” means chrysotile, crocidolite, amosite, fibrous
tremolite, fibrous actinolite or fibrous anthophyllite.
(2) “Asbestos abatement activity” means any activity which
disturbs asbestos-containing material, including but not limited to
the repair, enclosure, encapsulation or removal of asbestos-containing material and the renovation or demolition of any part of a
structure.
(3) “Asbestos-containing material” means asbestos or any
material or product which contains more than one percent of
asbestos.
(4) “Asbestos management activity” means an inspection for
asbestos-containing material, the design of an asbestos response
action or the development of an asbestos management plan.
(4g) “Certificate of lead-free status” means a certificate issued by a certified lead risk assessor or other person certified under s. 254.176 that documents a finding by the assessor that a
premises, dwelling or unit of a dwelling is free of lead-bearing
paint as of the date specified on the certificate.
(4h) “Certificate of lead-safe status” means a certificate issued by a certified lead risk assessor or other person certified under s. 254.176 that documents that the assessor detected no leadbearing paint hazards affecting the premises, dwelling or unit of
the dwelling on the date specified on the certificate.
(5) “Dwelling” means any structure, all or part of which is designed or used for human habitation.
(5m) “Elevated blood lead level” means a level of lead in
blood that is any of the following:
(a) Twenty or more micrograms per 100 milliliters of blood,
as confirmed by one venous blood test.
(b) Fifteen or more micrograms per 100 milliliters of blood,
as confirmed by 2 venous blood tests that are performed at least
90 days apart.
(6) “Fibrous” means having parallel sides and a length which
is at least 3 times the diameter and which results in an aspect ratio
of 3 to one or more.
(7) “Hematofluorometer” means an instrument used in identification of minute amounts of a substance in human blood by
detection and measurement of the characteristic wavelength of
the light emitted by the substance during fluorescence.
(7g) “Imminent lead hazard” means a lead hazard that, if allowed to continue, will place a child under 6 years of age at risk of
developing lead poisoning or lead exposure, as determined by the
department or other state agency, a local health department or a
federal agency.
(7r) “Interim control activity” means any set of measures designed to temporarily reduce human exposure or likely exposure
to a lead hazard, including specialized cleaning, repair, maintenance, painting, temporary containment and ongoing monitoring
of lead hazards or potential lead hazards.
(8) “Lead-bearing paint” means any paint or other surface
coating material containing more than 0.06 percent lead by
weight, calculated as lead metal, in the total nonvolatile content
of liquid paint, more than 0.5 percent lead by weight in the dried
film of applied paint, or more than 1 milligram of lead per square
centimeter in the dried film of applied paint.
(8d) “Lead-bearing paint hazard” has the meaning specified
by rule by the department.
(8g) “Lead hazard” means any substance, surface or object
that contains lead and that, due to its condition, location or nature, may contribute to the lead poisoning or lead exposure of a
child under 6 years of age.
(8j) “Lead hazard abatement” means any set of measures designed to permanently eliminate a lead hazard, including all of
the following:
(a) The removal of lead-bearing paint and lead-contaminated
dust, the permanent containment or encapsulation of lead-bearing paint, the replacement of surfaces or fixtures painted with
lead-bearing paint, and the removal or covering of lead-contaminated soil.
(b) All preparation, clean-up, disposal and postabatement
clearance testing activities associated with the measures under
par. (a).
(8n) “Lead hazard reduction” means actions designed to reduce human exposure to lead hazards, including lead hazard
abatement and interim control activities involving lead-bearing
paint or lead-contaminated dust or soil or clearance activities that
determine whether an environment contains a lead hazard.
(8s) “Lead investigation” means a measure or set of measures
designed to identify the presence of lead or lead hazards, including examination of painted or varnished surfaces, paint, dust, water and other environmental media.
(8u) “Lead management activity” means a lead investigation
or the design or management of lead hazard reduction.
(9) “Lead poisoning or lead exposure” means a level of lead
in the blood of 5 or more micrograms per 100 milliliters of blood.
(9g) “Lead risk assessor” has the meaning specified by rule
by the department.

(9r) “Occupant” means a person who leases or lawfully resides in a dwelling or premises.
(10) “Owner” means a person who has legal title to any
dwelling or premises.
(10m) “Premises” means any of the following:
(a) An educational or child care facility, including attached
structures and the real property upon which the facility stands,
that provides services to children under 6 years of age.
(b) Other classes of buildings and facilities, including attached structures and real property upon which the buildings or
facilities stand, that the department determines by rule to pose a
significant risk of contributing to the lead poisoning or lead exposure of children under 6 years of age.
(11) “Public employee” has the meaning given under s.
101.055 (2) (b).
(12) “School” means any local education agency, as defined
in 20 USC 3381, the owner of any nonpublic, nonprofit elementary or secondary school building or any governing authority of
any school operated under 20 USC 921 to 932.
(13) “Third-party payer” means a disability insurance policy
that is required to provide coverage for a blood lead test under s.
632.895 (10) (a); a health maintenance organization or preferred
provider plan under ch. 609; a health care coverage plan offered
by the state under s. 40.51 (6); a self-insured health plan offered
by a city or village under s. 66.0137 (4), a local governmental unit
or technical college district under s. 66.0137 (4m), a town under
s. 60.23 (25), a county under s. 59.52 (11) (c), or a school district
under s. 120.13 (2) (b); or a health care plan operated by a cooperative association organized under s. 185.981.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.