Lead Based Paint Hazards.

(1) 

Purpose and Scope.

(a) 

The purpose of this section is to reduce and eliminate the hazard of lead poisoning, particularly among children under the age of seven (7) years.

(b) 

This regulation shall apply to all housing units located in the City of West Allis which are not owner occupied. Administration of the standards contained herein shall be on the basis of complaints or upon referral for follow-up on a child with an elevated blood-lead level.

(2) 

Definitions.

(a) 

Abatement means removal, containment or encapsulation of a lead poisoning hazard.

(b) 

Lead poisoning hazard means any lead based substance, surface or object, which may contribute to elevated blood-lead level due to its condition, location or nature, and which is accessible to children.

(c) 

Elevated blood-lead level means a concentration of lead in whole blood, as determined by a recognized laboratory, equal to or greater than twenty (20) micrograms per deciliter.

(d) 

Owner means a person, partnership or corporation, which has legal or equitable title to any dwelling or has charge, care or control of a dwelling, as agent for the owner or as executor, administrator, trustee or guardian of the estate of the owner.

(e) 

Health Commissioner means the Health Commissioner of the City, or his/her representative.

(3) 

Lead Poisoning Hazards Prohibited.

(a) 

Notice of Hazard and Abatement. No owner of any residential property, which is not owner occupied, shall create or allow to exist on that property, any lead poisoning hazard. Upon notification of the existence of a lead poisoning hazard at any property, the owner shall abate such hazard within thirty (30) days, or such time as specified in the written plan for abatement.

(b) 

Warning Required. The owner of any residential property, which is not owner occupied, at which a known lead poisoning hazard exists, shall post an easily read warning label measuring at least eight (8) inches by ten (10) inches on all outside entrance doors. The warning label shall state:

WARNING: LEAD POISONING HAZARD. EXTREME DANGER TO CHILDREN AND PREGNANT WOMEN.

(4) 

Abatement.

(a) 

When Required. Lead poisoning hazards shall be abated when they have been identified if:

1. 

The premises are occupied by children under the age of seven (7) years;

2. 

The premises are occupied by a pregnant woman;

3. 

Rental assistance or other financial payments are received on behalf of tenants; or,

4. 

Occupancy by any of the foregoing is anticipated.

(b) 

Abatement Standards. Abatement shall effectively eliminate lead poisoning hazards by removal, containment or encapsulation. The work shall be done in a manner which does not increase airborne lead-dust hazards and which does not introduce new hazards into the residential environment. In general, the following methods shall be used:

1. 

Lead poisoning hazards on large surfaces, such as walls or ceilings, shall be contained by the use of drywall, gypsum board or paneling. Floors shall be covered with tile, linoleum or acceptable poured flooring material.

2. 

Doors and decorative wood trim, which constitute a lead poisoning hazard, shall be removed and replaced or stripped off-site before reinstalling.

3. 

Window units painted with lead based paint, which creates a lead poisoning hazard, shall be removed and replaced.

4. 

Exceptions to the above may be approved by the Health Commissioner on an individual case basis, where subsections 1. through 3. above, are impractical or unnecessarily restrictive or more effective techniques are available.

(c) 

Abatement Procedures.

1. 

Tenants to be Relocated. Tenants shall be relocated away from any premises where abatement activities are being carried out. Rental payments shall be suspended for the duration of an abatement project on a pro-rata basis.

2. 

Written Plan to be Submitted. A specific written plan for the abatement process shall be submitted to the Health Commissioner prior to commencement of any abatement project. The plan shall outline the scope of the work to be done, how the abatement is to be accomplished, who will be doing the work and how waste will be removed and discarded. When the abatement work is to be done by anyone other than the owner of the property, the Health Commissioner shall require information which demonstrates the competence of that person and may require posting of an appropriate performance bond.

3. 

Site Inspection; Clearance Testing Standards.

a. 

The Health Commissioner may inspect premises at which lead poisoning hazard abatement work is being performed at any time during the abatement process. Before the abated premises may be reoccupied, the Health Commissioner shall inspect the premises and perform whatever tests, including, but not limited to, wipe testing, air sampling and x-ray fluorescence analysis, are necessary to assure removal of any lead poisoning hazards.

b. 

When wipe tests are used for clearance standards, the following lead-dust limits shall be utilized:

	Floors - 200 micrograms per square foot.
	Window sills - 500 micrograms per square foot.
	Window wells - 800 micrograms per square foot.

(5) 

Enforcement; Penalties.

(a) 

Health Commissioner to Enforce. Administration of this section shall be the responsibility of the Health Commissioner, who shall have the powers expressly granted herein and in Chapter 151 of the Wisconsin Statutes. Appeal of any order of the Health Commissioner shall be made in writing to the Common Council, which shall schedule a hearing for no more than fourteen (14) days from receipt of the appeal. The decision of the Common Council shall be delivered to the appellant no more than seven (7) days after the date of the hearing and shall be final and binding on all parties.

(b) 

Upon conviction for default of any order from the Health Commissioner, the owner of any property on which there exists a lead poisoning hazard shall be assessed a penalty of fifty dollars ($50) to one thousand dollars ($1,000). Each day of a continuing violation may be treated as a separate offense.