Chapter 254 — ENVIRONMENTAL HEALTH

254.01 Definitions. In this chapter: (1) “Environmental health” means the assessment, management, control and prevention of environmental factors that may adversely affect the health, comfort, safety or well-being of individuals. (2) “Human health hazard” means a substance, activ…

254.015 Departmental power; designation. The department may designate a local health department to carry out a function of the department under this chapter. History: 1993 a. 27.

254.02 Health risk assessments. (1) In this section: (a) “Adverse health effect” means a condition that results in human morbidity, mortality, impaired reproductive function or toxicity or teratogenic, carcinogenic or mutagenic effects. 254.30 254.31 254.33 254.335 254.34 254.35 …

254.04 Authority of department of safety and professional services. Nothing in this chapter affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of publ…

254.05 Joint employment. The department and the department of safety and professional services may employ experts, inspectors or other assistants jointly. History: 1975 c. 413 s. 13; Stats. 1975 s. 50.61; 1993 a. 27 s. 82; Stats. 1993 s. 254.79; 1995 a. 27 ss. 6345, 9116 (5); 201…

254.11 Definitions. 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 limit…

254.115 Denial, nonrenewal and revocation of certification and permit based on delinquent taxes or unemployment insurance contributions. (1) Except as provided in sub. (1m), the department shall require each applicant to provide the department with the applicant’s social security…

254.12 Use or sale of lead-bearing paints. (1) No person may apply lead-bearing paints: (a) To any exposed surface on the inside of a dwelling; (b) To the exposed surface of a structure used for the care of children; or (c) To any fixture or other object placed in or upon any exp…

254.13 Reporting requirements. (1) Every physician who diagnoses lead poisoning or lead exposure, or any nurse, hospital administrator, director of a clinical laboratory or local health officer who has verified information of the existence of any person found or suspected to have…

254.15 Departmental duties. The department shall: (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning sc…

254.151 Lead poisoning or lead exposure prevention grants. From the appropriation account under s. 20.435 (1) (ef), the department shall: (1m) Award the following grants under criteria that the department shall establish in rules promulgated under this subsection: (a) To fund edu…

254.152 Delegation to local health departments. Ex- 4 cept 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 pro…

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 fort…

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 e…

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 t…

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 i…

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…

254.166 Response to reports of lead poisoning or ENVIRONMENTAL HEALTH 254.166 lead exposure. (1) The department may, after being notified that an occupant of a dwelling or premises who is under 6 years of age has blood lead poisoning or lead exposure, present official credentials…

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) Spe…

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 depart…

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 Updated 23-24 Wis. Stats. 6 governing lead hazard reduction that the department determines are consistent wi…

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 rul…

254.176 Certification requirements. (1) Except as provided in sub. (2) and s. 250.041, and subject to sub. (3m) and s. 254.115, the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who s…

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 u…

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 researchbased methodology, promulgate as rules all of the following: (a) Except as provided in s. 254.…

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 leadbearing paint or a lead hazard is not required before lead hazard reduction activities are conducted if the presence o…

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 sec…

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. 2…

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. 254.20 Asbestos abateme…

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 school…

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 caus…

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. 25…

254.31 Definitions. In this subchapter: (1) “By-product material” means any of the following: (a) Radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear m…

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 …

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 regulat…

254.34 Powers and duties. (1) The department is the state radiation control agency and shall do all of the following: (a) Promulgate and enforce rules, including registration and licensing of sources of ionizing radiation, as may be necessary to prohibit and prevent unnecessary r…

254.35 Registration of ionizing radiation installations. (1) APPLICATION. For every site in this state that has an ionizing radiation installation that is not exempted by this section or the rules of the department, the person in control of the installation, including installatio…

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 mate…

254.37 Enforcement. (1) NOTIFICATION OF VIOLATION 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 dep…

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 May 22, 2026, are designated by NOTES. (Published 5-22-26) 13 Updated 23-24 Wis. Stats. equipped to obser…

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 …

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 a…

254.45 Penalties. (1) GENERAL. (a) Any person who violates this subchapter or a rule promulgated under this subchapter or a condition of a license or registration issued by the department under this subchapter may be required to forfeit not less than $100 nor more than $100,000. …

254.46 Beaches. The department or a local health department shall close or restrict swimming, diving and recreational bathing if a human health hazard exists in any area used for those purposes on a body of water and on associated land and shall require the posting of the area. H…

254.50 Definition. In this subchapter, “vector” means a carrier, including an arthropod or an insect, that transfers an infective agent from one host to another. History: 1993 a. 27.

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 shal…