116 - Lead Abatement - Oshkosh

Ordinance #116

Lead Abatement - City of Oshkosh

The Common Council of the City of Oshkosh does ordain as follows:

SECTION 1. That Article VIII of the Oshkosh Municipal Code pertaining to Notices, Penalties and Severability is hereby renumbered as follows:





SECTION 2. That Article VIII of the Oshkosh Municipal Code pertaining to Lead Poisoning, Prevention and Control is hereby created to read as follows:

(Copy on File in the Office of the City Clerk)

SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication.


SECTION 15-23 Purpose. The purpose of this article is to reduce exposure to lead hazards and to eliminate, whenever possible, lead poisoning especially among children six (6) years of age and younger.

SECTION 15-24 Definitions.

(a) "Abatement" means any measure, set of measures or project designed or intended to eliminate or encapsulate lead hazards for at least 20 years under normal conditions. Abatement includes but is not limited to, one or more of the following activities:

(1) the removal of lead-based paint and/or lead-contaminated dust, the enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil: and

(2) all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures

(b) "Clearance" means the visual examination and/or dust sampling conducted after a lead abatement or other lead hazard reduction activity to determine whether or not the activity and cleanup have been successfully completed. Clearance dust sample levels include all of the following:

(1) For an uncarpeted floor, 1 00ug/sq.ft.

(2) For an interior window sill, or window stool, 500ug/sq.ft.

(3) For a window well, or window trough, 800ug/sq.ft.

(c) "Elevated blood lead level" or "Lead poisoning" means a confirmed concentration of lead in the blood of ten or more micrograms per 100 millimeters of blood, or the current level set by the U.S. Public Health Service Center for Disease Control, whichever is more restrictive.

(d) "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 six (6) years of age and younger.

(e) "Lead hazard reduction activity" means any action designed to permanently or temporarily reduce or eliminate human exposure to lead-based paint hazards through methods that include abatement and/or interim control activities.

(f) "Lead-based paint" means any paint or any 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 or more than 0.7 mg/cm' by x-ray florescence spectroscopy in the dried film of applied paint.

(g) "Lead Risk Assessor" means an individual who is certified to conduct lead hazard screens or lead risk assessments, provides options to reduce specific lead hazards, writes lead risk assessment reports or who is an employer of individuals performing lead management activities and who may perform the duties of a lead(Pb) inspector. Training for certification requires successful completion of an accredited 24-hour lead inspector course, followed by a 16-hour lead risk assessor course. In addition, a lead risk assessor must meet one of the following qualifications: (1) Bachelor's degree and 1 year experience in a related field; (2) Associate degree and 2 years experience in a related field; (3) certification as an industrial hygienist, professional engineer, registered architect, or certification in a related engineering, health, or environmental field; (4) or a high school diploma(or equivalent) and at least 3 years experience in a related field.

(h) "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to a lead hazard, including but not limited to specialized cleaning, repair, maintenance, painting, temporary containment, and ongoing monitoring of lead hazards or potential hazards.

(i) "Owner" means any person who alone or jointly or severally with others:

(1) has legal or equitable title to any dwelling, dwelling unit, supplemental location or premises; or

(2) who has charge, care or control of the dwelling, dwelling unit, supplemental location or premises as owner, or as executor, administrator, trustee or guardian of the estate of the owner.

(j) "Permanent- means the measure or set of measures may be expected to eliminate or reduce exposure to lead based paint hazards for at least 20 years under normal conditions.

(k)"Premises" means any of the following:

(1) any single housing unit, multiple housing units, including attached structures, used or intended to be used for living, sleeping, cooking or eating.

(2) an educational or child care facility, including attached structures and the real property upon which the facility stands, that provides services to children six (6) years of age and under.

(3) other classes of buildings and facilities, including attached structures and real property upon which the buildings or facilities stand, that pose a significant risk of contributing to the lead poisoning or lead exposure of children six (6) years of age and under.

(4) any portion of a platted or unplatted lot, parcel or plot of land either occupied or unoccupied.

(1) "Risk assessment" means an on-site investigation to determine and report the existence, nature, severity and location of lead hazards in or on a premises, including:

(1) information gathering regarding the age and history of the housing and occupancy by children six (6) years of age and under;

(2) visual inspection;

(3) limited wipe sampling or other environmental sampling techniques;

(4) other activity as may be appropriate; and

(5) provision of a report explaining the results of the investigation.

SECTION 15-25 Lead hazards prohibited. Lead hazards will be identified by risk assessment and/or testing when any person six (6) years of age and under who is occupying or has occupied the premises has been identified as having an elevated blood lead level and the premises has been identified as a potential source of that elevated blood lead level. No owner of any premises shall create any lead hazards or allow to exist on the premises any identified lead hazards. The Health Services Division shall conduct a lead risk assessment to identify and evaluate lead hazards and to determine the need for corrective action, where there has been a person six (6) years of age or younger identified as having an elevated blood lead level. The Division shall use reasonable efforts to provide prior notice of the lead risk assessment to the owner of the premises. The Division may remove samples or objects necessary for laboratory analysis to determine the presence of a lead hazard in or on the premises. If the owner refuses admission, the Division may seek a warrant to inspect the premises. The warrant shall advise the owner of the scope of the inspection. Upon written notification by the Health Services Division of the existence of a lead hazard, the owner shall then hire an independent certified lead risk assessor and/or certified lead contractor to develop and submit a written plan, based on the results of the assessment, for lead hazard reduction to the Health Services Division within 30 days. A list of currently certified lead risk assessors and lead certified contractors will be provided by the Health Services Division.

SECTION 15-26 Warning required. If the owner has not submitted a lead hazard reduction plan within thirty days of notification to the Health Services Division, the Division shall provide and post a premises at which a known lead hazard exists, with a placard at least eight (8) inches by ten (10) inches on all outside entrance doors. In the situation where the premises is part of a multifamily structure the placard shall be placed at the most proximal entrance to the premises affected. The warning shall state:

Lead Poisoning Hazard
Danger to Children

The sign/s shall be removed only after the premises posted is declared lead safe through the process outlined in section 15-26 of the ordinance.

SECTION 15-27 Lead hazard reduction standards. Abatement shall effectively reduce lead hazards by removal, containment, encapsulation or replacement and shall include proper preparation, cleanup, disposal, and post- abatement clearance testing activities associated with such measures. Lead hazard reduction work shall be completed in a manner which does not increase lead dust hazards and which does not introduce new lead hazards into the environment. For all lead hazard reduction measures including both abatement measures and "interim control" such as cleaning, wet scraping and repainting, the property shall be reevaluated by an independent certified lead risk assessor to determine if the property meets clearance standards and is considered lead safe.

SECTION 15-28 Prohibited acts. No person shall use the following to remove lead-based paint or other lead based surface coatings:

1) Open flame burning or torching (including propane-fueled heat grids).

2) Power sanding tools or power grinders unless these tools are equipped with HEPA exhaust filters or other engineering controls to capture lead dust.

3) Abrasive blasting or sandblasting without HEPA local vacuum exhaust tool, and special permission is granted by the Wisconsin Department of Natural Resources.

4) Uncontaminated hydro blasting or high-pressure wash unless granted special permission by the Wisconsin Department of Natural Resources.

5) Heat guns operating above 1,100 F.

6) Methylene chloride paint removal products.

7) Dry scraping (except for limited surface areas).

8) Hand sanding unless the sandpaper is designed to be used and used under wet conditions.

SECTION 15-29 Plan and certification requirements. A specific written plan for the lead hazard reduction project shall be submitted to the Health Services Division prior to the commencement of any lead hazard reduction activities ordered under this code. The plan shall outline the scope of the work to be done, how the abatement and/or interim control work is to be accomplished, a time line for completion of the work, who will do the work and how waste will be removed from the premises and where it will be deposited, who will perform the clearance dust testing and the name and address of the laboratory which will analyze the samples. The person/s who shall perform the abatement work shall meet the certification requirements of HFS 163 Wisconsin Administrative Code or as it may be amended. Lead hazard reduction activities shall not commence without plan approval by the Health Services Division. The Health Services Division may approve such plan as submitted, in whole, or in part or may modify provisions of the plan as appropriate. Any changes in the initial plan must be approved by the Health Services Division. All work must be performed in strict conformance with the plan.

SECTION 15-30 Site inspection and clearance testing. When the lead hazard reduction work has been completed, the owner shall notify the Health Services Division in writing that the work has been completed in compliance with the plan, along with clearance dust test results if appropriate, indicating the premises has met clearance standards and is considered lead safe. The Health Director or designee may inspect the premises at which the lead hazard reduction work is being performed at any time during the lead hazard reduction process or upon submission of the clearance report to insure compliance with the written plan.

SECTION 15-31 Enforcement and penalties. In addition to any other penalties provided within this chapter the Health Services Division shall have the powers granted in Chapter 254 of the Wisconsin Statutes and in Chapter 163 of the Health and Family Services Wisconsin Administrative Code, including any amendments thereto.