reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.152 - Delegation to local health departments.

254.152
Delegation to local health departments.
Except with respect to the department's authority to promulgate rules under this chapter, the department may designate local health departments as its agents in administering and enforcing ss. 254.11 to 254.178 and any rules promulgated under those sections. The department may not designate a local health department as its agent unless the department provides a grant that the department determines to be sufficient for the local health department to carry out any responsibilities as an agent designated under this section.
History:  1993 a. 450.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.154 - Local authority.

254.154
Local authority.
This subchapter does not prohibit any city, village, town or other political subdivision from enacting and enforcing ordinances establishing a system of lead poisoning or lead exposure control that provides the same or higher standards than those set forth in this subchapter. Nothing in this subchapter may be interpreted or applied in any manner to impair the right of any person, entity, municipality or other political subdivision to sue for damages or equitable relief. Nothing in this subchapter may be interpreted or applied in any manner to impair the right of a municipality or other political subdivision to impose a penalty for or restrain the violation of an ordinance specified in this section.
History:  1979 c. 221; 1989 a. 31; 1993 a. 27 s. 436; Stats. 1993 s. 254.16; 1993 a. 450 s. 48; Stats. 1993 s. 254.154; 1999 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.156 - Definition of lead poisoning or lead exposure.

254.156
Definition of lead poisoning or lead exposure.
Notwithstanding s. 254.11 (intro.) and (9), whenever the centers for disease control and prevention of the federal department of health and human services specifies a standard for the determination of lead poisoning or lead exposure that differs from that specified in s. 254.11 (9), the department shall promulgate a rule defining “lead poisoning or lead exposure" to correspond to the specification of the centers for disease control and prevention. Rules promulgated under this section supersede s. 254.11 (9) with respect to the requirements of this subchapter.
History:  1993 a. 450; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.158 - Screening recommendations.

254.158
Screening recommendations.
The department may promulgate rules specifying recommended lead poisoning or lead exposure screening methods and intervals for children under 6 years of age. Any rules promulgated under this section:
(1)
Shall meet any federal requirements for the screening of children under 6 years of age.
(1m)
May include an appropriate questionnaire regarding potential exposure to lead and products containing lead.
(2)
Shall permit at least the following persons to provide screening services:
(a)
A person licensed to practice medicine or osteopathy under ch. 448.
(b)
A nurse permitted or licensed under ch. 441.
(c)
A public health nurse under s. 250.06 (1).
(3)
Shall exempt a child from the lead screening recommendations if the child's parent, guardian or legal custodian signs a written waiver objecting to the lead poisoning screening for reasons of health, religion or personal conviction.
(4)
Shall exempt a child from the lead poisoning screening recommendations if the child's parent, guardian or legal custodian presents written evidence of a lead screening that was conducted within the previous 6 months, or other time period specified by the department by rule, and that was conducted in accordance with the laws or rules of another state whose laws or rules the department determines to be at least as stringent as the screening methods and intervals recommended under this section.
History:  1993 a. 450; 2017 a. 364.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.162 - Screening requirements.

254.162
Screening requirements.
(1)
Institutions and programs providing services to children under 6 years of age. The department may promulgate rules requiring the following institutions and programs to obtain written evidence that each child under 6 years of age participating in the institution or program has obtained a lead screening, or is exempt from obtaining one, under the recommended lead screening levels and intervals contained in the rules promulgated by the department under s. 254.158, within the time periods specified by the department:
(a)
Multidisciplinary evaluations for early intervention under s. 51.44.
(b)
Head start programs administered by a head start agency under 42 USC 9836.
(c)
Child care providers certified under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14).
(d)
School-based programs serving children under 6 years of age, including kindergartens, special education and related services for children with disabilities, as defined in s. 115.76 (5), and other early childhood programs.
(e)
Health care programs that provide services to children under 6 years of age and that receive state funding.
(f)
Other institutions or programs that provide services to children under 6 years of age.
(2)
Information requirement. If a program or institution is required to request written evidence of a lead screening under rules promulgated under sub. (1), the institution or program shall, at the time that it makes the request, inform the parent, guardian or legal custodian of the child in writing, in a manner that is prescribed by the department by rule, of the importance of lead screening, of how and where the lead screening may be obtained, and of the conditions under which a child is exempt from the recommended lead screening requirements under the department's rules.
History:  1993 a. 450; 1997 a. 164; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.164 - Care for children with lead poisoning or lead exposure.

254.164
Care for children with lead poisoning or lead exposure.
The department may promulgate rules establishing standards for the care coordination and follow-up of children under 6 years of age with lead poisoning or lead exposure. Any rules promulgated under this section shall meet any federal requirements for the care coordination and follow-up of children under 6 years of age with elevated blood lead levels. Rules promulgated under this subsection may specify different care coordination and follow-up requirements based on different blood lead levels and may, where appropriate, require that the care coordination and follow-up include any of the following:
(1)
Physical, developmental and nutritional assessment.
(2)
Parent education.
(3)
Medical evaluation.
(4)
A lead investigation of all or part of the child's dwelling or other dwellings or premises that may have contributed to the child's lead poisoning or lead exposure.
(5)
Assistance in developing a plan for lead hazard reduction or other actions needed to reduce exposure to lead and the consequences of such exposure.
(6)
Where necessary, assistance in obtaining permanent or temporary lead-safe housing.
(7)
Nutritional supplements.
(8)
Follow-up services, including monitoring the provision of services to the child.
History:  1993 a. 450; 2007 a. 91.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.167 - Conduct of lead investigation.

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:
(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.
(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.
(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.
(4)
Requirements for the posting of warnings, where appropriate, of the presence of a lead hazard.
History:  1993 a. 450; 1999 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.168 - Lead investigations of facilities serving children under 6 years of age.

254.168
Lead investigations of facilities serving children under 6 years of age.
Subject to the limitation under s. 254.174, the department may promulgate rules that require any of the following facilities to have periodic lead investigations 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:
(1)
A foster home licensed under s. 48.62.
(2)
A group home licensed under s. 48.625.
(3)
A shelter care facility under s. 48.66.
(4)
A child care provider certified under s. 48.651.
(5)
A child care center licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14).
(6)
A private or public nursery school or kindergarten.
(7)
Any other facility serving children under 6 years of age that presents a risk for causing lead poisoning or lead exposure in children.
History:  1993 a. 450; 2007 a. 91; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.172 - Prevention and control of lead-bearing paint hazards in dwellings and premises.

254.172
Prevention and control of lead-bearing paint hazards in dwellings and premises.
(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.
(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.
History:  1993 a. 450; 1999 a. 113, 186.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.174 - Technical advisory committees.

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.
History:  1993 a. 450; 1999 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.178 - Accreditation of lead training courses and approval of lead instructors.

254.178
Accreditation of lead training courses and approval of lead instructors.
(1)
(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.
(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.
(2)
The department shall promulgate rules establishing requirements, except as provided in sub. (2m) and s. 250.041, for accreditation of lead training courses and approval of lead instructors. These rules:
(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.
(c)
May provide for full or contingent accreditation or approval.
(d)
Shall specify fees for accrediting lead training courses and approving lead instructors, except that no fee may be imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44.
(2m)
Any relevant education, training, instruction, or other experience that an applicant has obtained in connection with military service, as defined in s. 111.32 (12g), counts toward satisfying the requirements for education, training, instruction, or other experience to function as an instructor of a lead training course accredited under this section if the applicant demonstrates to the satisfaction of the department that the education, training, instruction, or other experience that the applicant obtained in connection with his or her military service is substantially equivalent to the education, training, instruction, or other experience that is required to function as an instructor of a lead training course accredited under this section.
(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.
(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.
History:  1993 a. 450; 1997 a. 191; 1999 a. 113; 2011 a. 120, 209.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.179 - Rules for dwellings and premises.

254.179
Rules for dwellings and premises.
(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:
(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.
(b)
The procedures by which a certificate of lead-free status or a certificate of lead-safe status may be issued or revoked.
(c)
The period of validity of a certificate of lead-free status or a certificate of lead-safe status, including all of the following:
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.
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.
(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.
(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.
(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.
(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.
History:  1999 a. 113; 2005 a. 25, 254.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.18 - Lead hazard reduction in dwellings and premises; renovations.

254.18
Lead hazard reduction in dwellings and premises; renovations.
(1)
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.
(2)
(a)
In this subsection, “partial lead inspection" means an on-site investigation of one or more painted, varnished, or otherwise coated building components to determine the presence of lead, but not a surface-by-surface investigation.
(b)
If the presence of lead-bearing paint or a lead hazard is assumed and a renovation of a dwelling, unit of a dwelling, or premises is performed in a lead-safe manner, any person who performs a partial lead inspection relating to that renovation is not required to comply with any requirements established by the department for a lead inspection.
(c)
The person who performs a partial lead inspection under this subsection shall disclose, in writing, to the owner or lessor of the dwelling or premises that the person performed a partial lead inspection.
History:  1999 a. 113; 2015 a. 122.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.181 - Certificate of lead-free status and certificate of lead-safe status; fees and notification.

254.181
Certificate of lead-free status and certificate of lead-safe status; fees and notification.
(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.
(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.
History:  1999 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.182 - Repayment to general fund.

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.
History:  1999 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.19 - Asbestos testing fees.

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.
History:  1987 a. 396; 1993 a. 27 s. 317; Stats. 1993 s. 254.19.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.21 - Asbestos management.

254.21
Asbestos management.
(2)
The department shall promulgate rules to do all of the following:
(a)
Establish building inspection requirements and procedures to protect students and employees from asbestos hazards in schools.
(b)
Regulate asbestos abatement activities in schools.
(c)
Establish requirements for the maintenance of asbestos-containing material in schools which contain asbestos-containing material.
(d)
Establish priorities for asbestos abatement activities in schools which contain asbestos-containing materials.
(e)
Require a management plan for asbestos-containing material in every school which contains asbestos-containing material.
(2m)
No requirement under sub. (2) may be stricter than any requirement under 15 USC 2641 to 2654.
(3)
A school district and any school which is not a public school may apply to the department for a variance to any standard adopted under this section under the provisions of s. 101.055 (4) (a) to (c).
(4)
Any person who intentionally violates any rule promulgated under this section shall forfeit not less than $100 nor more than $1,000 for each violation. Each violation constitutes a separate offense and each day of continued violation is a separate offense.
History:  1987 a. 396; 1993 a. 27 s. 364, 366; Stats. 1993 s. 254.21.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.22 - Indoor air quality.

254.22
Indoor air quality.
The department shall do all of the following:
(1)
Investigate illness or disease outbreaks suspected of being caused by poor indoor air quality. The department shall promote or require control measures if indoor air quality is established to be the cause of illness or disease outbreaks.
(2)
Assist local health departments in the adoption of regulations that establish standards for indoor air quality in public buildings to protect the occupants from adverse health effects due to exposure to chemical or biological contaminants.
(3)
Provide training and technical support to local health departments for conducting indoor air quality testing and investigations.
(4)
Assist the department of safety and professional services with the enforcement of s. 101.123.
History:  1993 a. 27; 1995 a. 27 ss. 6331, 9116 (5); 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.30 - Enforcement; penalties.

254.30
Enforcement; penalties.
(1)
Enforcement.
(a)
The department may enter, at any reasonable time, a dwelling or premises undergoing any lead hazard reduction to determine if all persons engaged in lead hazard reduction have been appropriately certified if required under s. 254.176.
(b)
The department may report any violation of ss. 254.11 to 254.178 or rules promulgated, or orders issued, under those sections to the district attorney of the county in which the dwelling is located. The district attorney shall enforce ss. 254.11 to 254.178 and rules promulgated, and orders issued, under those sections. If a circuit court determines that an owner of a rented or leased dwelling or premises has failed to comply with an order issued under ss. 254.11 to 254.178, the circuit court may order the occupants of the affected dwelling or premises to withhold rent in escrow until the owner of the dwelling or premises complies with the order.
(c)
Sections 254.11 to 254.178 do not limit the ability of the department to require abatement of human health hazards involving lead under s. 254.59.
(2)
Penalties.
(a)
Civil penalty. Any person who violates ss. 254.11 to 254.178 or rules promulgated, or orders issued, under those sections may be required to forfeit not less than $100 nor more than $5,000 per violation. Each day of continued violation constitutes a separate offense.
(b)
Criminal penalty. Any person who knowingly violates any provision of ss. 254.11 to 254.178 or any rule promulgated, or order issued, under those sections shall be fined not less than $100 nor more than $5,000 per violation. The court may place the person on probation under s. 973.09 for a period not to exceed 2 years.
History:  1979 c. 221; 1987 a. 332; 1993 a. 27 s. 439; Stats. 1993 s. 254.30; 1993 a. 450; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.33 - Public policy.

254.33
Public policy.
Since radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the state if improperly utilized, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation and to prohibit and prevent exposure to radiation in amounts which are or may be detrimental to health. It is further the policy for the department to advise, consult and cooperate with other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of rules.
History:  1985 a. 29; 1993 a. 27 s. 225; Stats. 1993 s. 254.33; 1995 a. 27 ss. 6332, 9116 (5); 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.335 - Agreements with the U.S. nuclear regulatory commission transition.

254.335
Agreements with the U.S. nuclear regulatory commission transition.
(1)
The governor may, on behalf of the state, enter into agreements with the U.S. nuclear regulatory commission, as provided in 42 USC 2021 (b), to discontinue certain federal licensing and related regulatory authority with respect to by-product material, source material and special nuclear material and to assume state regulatory authority.
(2)
Any person who, on the effective date of an agreement specified under sub. (1), possesses a license issued by the U.S. nuclear regulatory commission that is subject to the agreement is considered to possess a specific license issued under s. 254.365 (1) (a) or to fulfill requirements specified for a general license under s. 254.365 (1) (b). The specific license expires 90 days after the date of receipt by the person from the department of a notice of expiration of the license or on the date of expiration that was specified in the license issued by the U.S. nuclear regulatory commission, whichever is earlier.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.365 - Licensing of radioactive material.

254.365
Licensing of radioactive material.
(1)
License required. No person may possess, use, manufacture, transport, store, transfer or dispose of radioactive material or a device or item of equipment that uses radioactive material or may operate a site that uses radioactive material that is not under the authority of the U.S. nuclear regulatory commission unless one of the following applies:
(a)
The person has a specific license issued by the department.
(b)
The person meets general license requirements.
(c)
The person possesses a license issued by another state or by the U.S. nuclear regulatory commission that is reciprocally recognized by the department.
(d)
The person is exempted from licensure under sub. (7).
(2)
Application. Application for a license under sub. (1) (a) or for reciprocal recognition under sub. (1) (c) shall be made on forms provided by the department.
(3)
Modification or termination of license. Within 30 days after any change to the information on a license issued under this section, the licensee shall inform the department of the change and the department shall record the changed information. Within 30 days after termination of an activity licensed under this section, the person in control of the activity shall notify the department. The department may require that the person in control submit to the department for approval a plan for decommissioning the activity.
(4)
Rules. The department shall promulgate rules for all of the following:
(a)
The issuance, modification, suspension, termination and revocation of specific licenses under sub. (1) (a) under the standards specified in s. 254.34 (1) (a).
(b)
The requirements for a general license under sub. (1) (b).
(5)
Fees and charges.
(a)
The department may assess fees, the amounts of which are prescribed by the department by rule, for any of the following:
1.
Issuance of an initial or renewal specific license under sub. (1) (a).
2.
Annual license maintenance.
3.
Issuance of a license amendment.
4.
Termination of a license.
5.
Issuance of reciprocal recognition of a license for radioactive materials of another state or the U.S. nuclear regulatory commission.
(b)
The department may assess a late payment charge of 25 percent of the specific license renewal fee, in addition to the fee under par. (a) for renewal of a specific license, if payment for renewal of a specific license is not made within 30 days after the license expiration date.
(6)
Denial, suspension or revocation of licensure. The department may, after a hearing under ch. 227, refuse to issue a license or suspend or revoke a license for failure by the licensee to comply with this subchapter, rules promulgated by the department under this subchapter or any condition of the license.
(7)
Exemption. The department may exempt from licensing requirements of this section radioactive material that the department finds is without undue radiation hazard.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.37 - Enforcement.

254.37
Enforcement.
(1)
Notification of violation and order of abatement. Whenever the department finds, upon inspection and examination, that a source of radiation as constructed, operated or maintained results in a violation of this subchapter or of any rules promulgated under this subchapter, the department shall do all of the following:
(a)
Notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation.
(b)
Order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.
(2)
Orders. The department shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department finds that a condition exists that constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department may summarily cause the abatement of the violation.
(3)
Rules. The department shall promulgate and enforce the rules pertaining to ionizing radiation.
(4)
Jurisdiction. The circuit court of Dane county shall have jurisdiction to enforce the orders by injunctional and other appropriate relief.
History:  1993 a. 27 s. 231; Stats. 1993 s. 254.37; 1995 a. 27 ss. 6336 to 6338, 9116 (5); 1997 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.38 - Emergency authority.

254.38
Emergency authority.
(1)
Impounding materials. The department may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department.
(2)
Emergency orders. If the department finds that an emergency exists concerning a matter subject to regulation under this subchapter that requires immediate action to protect the public health or safety, the department may issue an emergency order without notice or hearing that recites the existence of the emergency and requires such action as is necessary to mitigate the emergency. Any person to whom the order is issued shall immediately comply with the order. A person to whom an emergency order is issued shall be afforded a hearing within 30 days after receipt by the department of a written request for the hearing. An emergency order is effective upon issuance and remains in effect for up to 90 days after issuance, except that the order may be revoked or modified based on the results of the hearing.
History:  1985 a. 29; 1993 a. 27 s. 232; Stats. 1993 s. 254.38; 1995 a. 27 ss. 6339, 9116 (5); 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.39 - Exceptions.

254.39
Exceptions.
(1)
Nothing in this subchapter may be interpreted as limiting intentional exposure of persons to radiation for the purpose of analysis, diagnosis, therapy, and medical, chiropractic or dental research as authorized by law.
(2)
This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the U.S. nuclear regulatory commission.
History:  1977 c. 29; 1991 a. 178; 1993 a. 27 s. 233; Stats. 1993 s. 254.39; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.41 - Radiation monitoring of nuclear power plants.

254.41
Radiation monitoring of nuclear power plants.
The department shall take environmental samples to test for radiation emission in any area of the state within 20 miles of a nuclear power plant. The department shall charge the owners of each nuclear power plant in the state an annual fee of $30,000 per plant, commencing in fiscal year 1983-84, to finance radiation monitoring under this section. The department may change this annual fee by rule.
History:  1979 c. 221; 1983 a. 27; 1993 a. 27 s. 235; Stats. 1993 s. 254.41.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.51 - Powers and duties.

254.51
Powers and duties.
(1)
The state epidemiologist for communicable disease shall take those measures that are necessary for the prevention, surveillance and control of human disease outbreaks associated with animal-borne and vector-borne transmission.
(2)
The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of safety and professional services, and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.
(3)
The department shall promulgate rules that establish measures for prevention, surveillance and control of human disease that is associated with animal-borne and vector-borne disease transmission.
(4)
The local health department shall enforce rules that are promulgated under sub. (3).
(5)
The local board of health may adopt regulations and recommend enactment of ordinances that set forth requirements for animal-borne and vector-borne disease control to assure a safe level of sanitation, human health hazard control or health protection for the community, including the following:
(a)
The control of rats, stray animals, noise and rabies and other diseases.
(b)
The control of wildlife, including the keeping of dangerous wild animals, disease transmission and human health hazard control and eradication.
(c)
Pest control, including community sanitation, rodent and vector control, resident responsibilities and the health impact of pesticide use.
History:  1993 a. 27; 1995 a. 27 ss. 6341, 9116 (5); 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.52 - Lyme disease; treatment, information and research.

254.52
Lyme disease; treatment, information and research.
(1)
The department shall perform research relating to Lyme disease in humans.
(2)
The department, in consultation with the department of public instruction, the department of natural resources and the department of agriculture, trade and consumer protection, shall do all of the following:
(a)
Monitor the spread and incidence of Lyme disease.
(b)
Investigate suspected and confirmed cases of Lyme disease.
(c)
Review materials, activities and epidemiologic investigations prepared or conducted in other states in which Lyme disease is endemic and recommend a statewide strategy for dealing with Lyme disease.
(d)
Develop, update and disseminate information for use by clinicians, laboratory technicians and local health departments that diagnose or treat Lyme disease or investigate cases or suspected cases of Lyme disease.
(e)
Develop and distribute information through offices of physicians and local health departments and by newsletters, public presentations or other releases of information. That information shall include all of the following:
1.
A description of Lyme disease.
2.
Means of identifying whether or not individuals may be at risk of contracting Lyme disease.
3.
Measures that individuals may take to protect themselves from contracting Lyme disease.
4.
Locations for procuring additional information or obtaining testing services.
(f)
Conduct research on the serological prevalence of Lyme disease.
History:  1989 a. 31; 1993 a. 27 s. 49; Stats. 1993 s. 254.52; 1995 a. 27 s. 9145 (1); 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.55 - Definitions.

254.55
Definitions.
In this subchapter:
(1)
“Dwelling" means any structure, all or part of which is designed or used for human habitation.
(2)
“Owner" means any of the following:
(a)
A person who has legal title to a dwelling.
(b)
A person who has charge, care, or control of a dwelling or unit of a dwelling as an agent of or as personal representative, trustee, or guardian of the estate of a person under par. (a).
History:  1993 a. 27; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.56 - Public places.

254.56
Public places.
The owner and occupant and everyone in charge of a public building, as defined in s. 101.01 (12), shall keep the building clean and sanitary.
History:  1971 c. 185 s. 7; 1993 a. 27 s. 352; Stats. 1993 s. 254.56; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.57 - Smoke.

254.57
Smoke.
Except as provided under s. 62.23 (7a) (am), the common council of any city or the board of any village may regulate or prohibit the emission of dense smoke into the open air within its limits and one mile from its limits.
History:  1993 a. 27 s. 357; Stats. 1993 s. 254.57; 2021 a. 198.
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.58 - Powers of villages, cities and towns.

254.58
Powers of villages, cities and towns.
Section 95.72 may not be construed as depriving any city or village from enacting any ordinance prohibiting the rendering of dead animals within the boundaries specified in s. 66.0415, as nullifying any existing law or ordinance prohibiting the rendering of dead animals within the area or as prohibiting any city or village from licensing, revoking the license, and regulating the business of rendering and transporting dead animals under sanitary conditions no less stringent than provided under s. 95.72 and the rules of the department of agriculture, trade and consumer protection. Any licensing and regulation by a city or village is supplementary to the provisions of this section and the rules of the department and may not be construed as excusing or justifying any failure or neglect to comply with this section and the rules of the department. Section 95.72 shall be expressly construed as modifying the powers granted to towns and any city, village or town may take any action permitted under s. 254.59, may institute and maintain court proceedings to prevent, abate or remove any human health hazards under s. 254.59 and may institute and maintain any action under ss. 823.01, 823.02 and 823.07.
History:  1973 c. 206; Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975); 1977 c. 29 s. 1650m (4); 1993 a. 27 s. 358; Stats. 1993 s. 254.58; 1999 a. 150 s. 672.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.911 - Definitions.

254.911
Definitions.
In this subchapter:
(1)
“Cigarette" has the meaning given in s. 139.30 (1m).
(2)
“Governmental regulatory authority" means the department, a local health department, a state agency or a state or local law enforcement agency; or a person with whom the local health department, state agency, or state or local law enforcement agency contracts to conduct investigations authorized under s. 254.916 (1) (a).
(3)
“Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
(3m)
“Nicotine product" has the meaning given in s. 134.66 (1) (f).
(4)
“Retailer" has the meaning given in s. 134.66 (1) (g).
(5)
“Retail outlet" means a place of business from which cigarettes, nicotine products, or tobacco products are sold at retail to consumers.
(6)
“State agency" has the meaning given in s. 1.12 (1) (b).
(7)
“Tobacco products" has the meaning given in s. 139.75 (12).
(8)
“Tobacco vending machine" is any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for the cigarettes or tobacco products.
(9)
“Tobacco vending machine operator" means a person who acquires tobacco products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e), or permittees, stores them and sells them through the medium of tobacco vending machines that he or she owns, operates or services and that are located on premises that are owned or under the control of other persons.
(10)
“Tobacco vending machine premises" means any area in which a tobacco vending machine is located.
History:  1999 a. 9; 2001 a. 75; 2005 a. 25; 2011 a. 249.
2023 Wisconsin Statutes & Annotations › Chapter 254 - Environmental health. › 254.92 - Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.

254.92
Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.
(1)
No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product.
(2)
No person under 18 years of age may purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco product except as follows:
(a)
A person under 18 years of age may purchase or possess cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.
(b)
A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).
(2m)
No person may purchase cigarettes, tobacco products, or nicotine products on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:
(a)
Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
(b)
Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
(c)
Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
(d)
Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.
(3)
A law enforcement officer shall seize any cigarette, nicotine product, or tobacco product that has been sold to and is in the possession of a person under 18 years of age.
(4)
A county, town, village, or city may enact an ordinance regulating the conduct regulated by this section only if the ordinance strictly conforms to this section. A county ordinance enacted under this subsection does not apply within a town, village, or city that has enacted or enacts an ordinance under this subsection.
History:  1987 a. 336; 1991 a. 32, 95, 315; 1995 a. 352, s. 20; Stats. 1995 s. 938.983; 1999 a. 9 ss. 2485L, 3176m, 3176p to 3176s; 2001 a. 75; 2005 a. 25; 2011 a. 249.
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations that are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac, 199 Wis. 2d 333, 544 N.W.2d 589 (Ct. App. 1995), 95-0213.
2023 Wisconsin Statutes & Annotations › Chapter 255 - Chronic disease and injuries. › 255.01 - Definitions.

255.01
Definitions.
In this chapter:
(1)
“Chronic disease" means any disease, illness, impairment or other physical condition that requires health care and treatment over a prolonged period and, although amenable to treatment, is irreversible and frequently progresses to increasing disability or death.
(2)
“Injury" means damage to the human body that is the result of some acute exposure to harm. “Injury" includes all of the following:
(a)
Unintentional injuries including physical damage resulting from transportation-related crashes, fires, burns, submersion, suffocation, falls, natural and environmental factors and occupational hazards and exposures.
(b)
Intentional injuries, including physical damage resulting from deliberate assault by one person on another or self-inflicted acts.
(2m)
“Research" means a systematic investigation through scientific inquiry, including development, testing, and evaluation, that is designed to develop or contribute to generalizable knowledge.
(2n)
“Researcher" means a person who performs research.
(3)
“Risk assessment" means the measurement and evaluation of specific lifestyle and environmental conditions to determine the presence of, and the extent of the threat resulting from, these factors that may increase the risk of developing chronic disease.
History:  1993 a. 27; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 255 - Chronic disease and injuries. › 255.02 - Duties of the state epidemiologist for chronic disease.

255.02
Duties of the state epidemiologist for chronic disease.
The state epidemiologist for chronic disease shall do all of the following:
(1)
Develop and maintain a system for detecting and monitoring chronic diseases within this state.
(2)
Investigate and determine the epidemiology of those conditions that contribute to preventable or premature illness, disability and death.
History:  1993 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 255 - Chronic disease and injuries. › 255.03 - Duties of the department.

255.03
Duties of the department.
The department shall:
(1)
Conduct programs to prevent, delay and detect the onset of chronic diseases, including cancer, diabetes, cardiovascular and pulmonary disease, cerebrovascular disease and genetic disease, and other chronic diseases that the department determines are important to prevent, delay and detect in order to promote, protect and maintain the public's health.
(2)
Establish programs of community and professional education relevant to the detection, prevention and control of chronic diseases.
(3)
Assist local health departments in performing activities related to chronic disease, including risk assessment, monitoring, surveillance and education.
History:  1993 a. 27.