course.

(5) RENEWAL OF ACCREDITArION. After reviewing a training

course for compliance with the condition.s for renewal of accredi

tation, the department shall take one ofthe following actions:

(a) Grant renewal of accreditation. If accreditation is

renewed, the department shall send the training r.nanager a certifi

cate of accreditation under s. DHS 163.22 (5) to extend accredita

tion ftsr 2 Years or 4 years, depending on the fee amount under sob.

(3) (d) paid.

(b) Deny renewal of accreditation. If the department denies

renewal of accreditation, the department shall. notify the trainingmanager in writing. The notice shall include the reason for thedenial and shall inform the training manager ofthe right to appealthat action under s. OHS 163.33.

Fflntory: CR 00—172: ci: Register February 2002 No. 554, eff 1-02.

DHS 163.24 Training manager and instructor

approval. (1) REQUIREMENr FOR Ai’PROVAL. No individual mayfunction as a training manager or principal instructor of an accred

ited training course without being approved by the department

under this section.

(2) TRAINING MANAGER. (a) Quai(fIcations.

A training man

ager shall have demonstrated experience, education or trainmg in

the construction industry, which may include lead or asbestosabatement, painting, carpentry property maintenance, renovation, remodeling, occupational safety and health or industrial

hygiene and shall have one of the following:

I. At least 2 years of experience, education or training in

teaching workers or other adults.

2.

A bachelor’s or graduate degree in building construction

technology, engineering, industrial hygiene, safety public health,

education, business administration, program management or a

related field.

3. Two years of experience in managing a training program

specializing in environmental hazards.

(b) Application requirements. An applicant for approval as a

training manager shall submit to the department all ofthe followi.rig:

I. A fttlly and accurately completed application on a form

obtained from the department. The application shall include theapplicant’s social security number.

2. Documentation to establish that the applicant meets the

qualifications in par. (a). Documentation may include officialacademic transcripts or a diploma as evidence of meeting education requirements, and letters of reference or documentation of

previous work as evidence of meeting experience reuirements.

Note: For a copy of!he Oepartnterts applicatiOn fotin for approval of a trainitsg

manager, writeer.plsonc the Bureau of Occupational Health. Room 37, 1 W. Wilson Si., P.O. Box 2659. Madison, WI 53701—2659: e—mail ‘piicsbesl 5aaldhs.wh.-

eonstn.gov’; ph. 608—261—6876; or fax 608—266—9711. Return the completed

apttlcatfot: to the same office.

(c) Approval procedure,s. I. Within 10 working days after the

submission of all required application information, including doe

unzentation of training, education and experience, the department

shall either grant or deny approval for an applicant to be a training

manager.

2. If approval is granted, the department shall send the appli

cant written notification of approval.

following training:

a. A teaching methods course which covers, at a minimum,

principles of adult learning, training course design, nols—iectnre

instructional methods, use of audier—visual and other instructional

resources, teaching methods, learning objectives, guided discovery and learning styles and maintaining classroom control for alearning environment. The course shall consist of at least 16 training hours of instruction and shall include a practice teaching com

ponent involving critique attd evaluation ofthe applicant’s teaching skills. Any degree with an education emphasis that includeseducational coursework covering the topics required in this subdi

vision paragraph satisfies this requirement.

Note: To obtain assistance in developing learning goals and ot,iectivea Ibm teach

ing methods course, write or phone the Bureau cf Ocetipational Health, Room 37,

I ‘A ‘Athscn St P0 Box

2 3 ‘cladison ‘Al Si 01 2659 s nsa I ,.haaaoggta

iead6hdhs.wtscc,nsin,aov’; ph. 608—2616876: or fax 608—266-9711.

b. For teaching lead investigation courses, training in radi

ation safety and use of each XRF the instructor will use in the

course, as documented by a certificate of training from themanufacturer of the XRF.

2. ‘Certification.’

A principal instructor shall be currently

certified based on payment of a 2—year certification fee. Certifica

tion shall be held as follows:

a. As a lead risk assessor, for lead investigation instructor

approval to teach initial sampling, inspection and hazard inves

tigation course-s and refresher lead hazard investigator, inspector.

risk assessor and sampling technician courses.

b. As a lead abatement supervisor, for lead hazard reduction

instructor approval to teach initial lead—safe work, lead abatement

work and lead abatement supervision courses and refresher leadabatement worker and lead abatement supervisor courses.

c. As a lead project designer, for project design instructor

approval to teach lead project designer and project design courses.

3. ‘Experience.’ During the 5 years preceding application to

the department for principal instructor approval, an applicant shallhave one year of direct responsibility for one of the followingareas:

a. For approval to teach courses for lead hazard reduction dis

cipline-s or project designers, direct responsibility -for activitiesinvolving lead hazard reductiomt lead health effects, lead regula

tions, industrial hygiene activities involving lead, construction of

homes or other buildtngs, painting, weatherization. rehabilitation

or home improvement, lead worker protection or abatement relating to other hazardous materials.

b. For approval to teach courses for lead identification disci

pline. direct responsibility for activities involving lead healtheffects, public or occupational health care, lead regulations,enforcement of environmental regulations. environmental investigations, building inspections, industrial hygiene activities

involving lead, weatherization, rehabilitation or home improve

ment and lead management activities relating to other hazardous

materials.

c. For approval to teach any type of course, direct responsibil

ity Par instructIng adults in lead--related topics as part of a course

or curnculum recognized by a federal or state governmental

agency in the 5 years preceding the date the initial application ibmapproval is received by the department. The department shall

Register, January. 2009, No. 637
tion ofrelated experience and education.

3 References.’

A minimum of 3 professional references or

letters ofrecommendation, but no more than one from the applicant’s current employer.

4. XRF training certificate,’

A copy of the XRF rnanufac

turer training certificate for a person applying for lead investigation instructor approval.

5. ‘Teaching methods certificate.’

A teaching methods

course certificate or transcript and a course description or agenda

which documents that the course meets the requirements underpar. (a) 1. a. or documentation of equivalent education.

6. ‘Copy of certification card.’

A copy ofthe appropriate state

lead certification card, labeled “copy”, or an application for certi

fication in the appropriate discipline under par. (a) 2.

7. ‘Fee.’

A nonrefundable principal instructor application

arid approval fee as folloWs:

a. $100 ‘for a lead investigation instructor application.

b. $100 a lead hazard reduction instructor application.c. $50 fnr a lead project design instructor application.

d. The department may impose other fees as necessary to

cover costs of administering this chapter.

Note: For a copy of tho Depserment’s application form for approval of a princisal

instructor. write orphone the Bureau of Occupational Health, Room 37, I W. Wiisonat P0 Bx( 9 Mviison 26) ,—m,ti1 piuoalsaslqAhsau

soaaln.a.v”; ph. 608--26t--6876; or fax 608--26&--9711. Return the completed

application to the same office.

(c) Approval procedures. .1. Within 10 working days after the

submission of all required application information, includingacceptable documentation oftraining, education and experience,the department shall either grant or den.y approval .for an applicant

to be a principal instmctot

2. if approval is granted, the department shall send ‘the appli

cant- -writtet notification of approval.

3. If approval is denied, the department shall give the appli

cant reasons in writing why the application was denied and shallnetilSs the applicant of the right to appeal the determination unders. DiS 163.33.

(d) Length of approval. The department may grant principal

instructor approval that shall be valid until ‘the expiration of the

instructor’s qualitiing lead certification.

(e) Renewal of approval. 1. ‘Application.’ Before approval

and the ctuahfving certification expire, the principal instructorshall apply for renewal of approval by submitting to the depart

ment both ofthe following:

a. A completeu application for renewal of approval. The

application shall include the applicant’s social security number.

b. An approval renewal fee of. $50 for lead investigation

instructor or lead hazard reduction instructor approval or $25 forlead project design instructor approval. The department shall

refund the approval renewal fee if approval is denied and is notappealed or is appealed and the denial ‘is upheld.

2. Qualifications.’ For renewal of approval as a principal

instructor, the individual shall apply for a 2—year recertification in

the required discipline under par. (a) 2., shall receive a 2—year

re6ertification, and shall be in compliance with this chapter.

be valid until the expiration ofthe instructor’s qualiring lead cer

tification.

(4) GuesT INSTRUCTOR. (a) Qualifications.

A guest instructor

shall have experience in each topic the guest instructor proposes

to teach and in each hand on activity for which the guest instruc

tor will assist the principal instructor. Guest instructor qualifica

tions shall be documented on a form obtained from the departmentand kept on file by the training manager. The form shall documentappropriate training and experience in each topic area the instruc

tor intends to teach and in each hands on activity for which theguest instructor will provide assistance. The training manager isresponsible for veri’ing qualifications and credentials and fordesignating guest instructors as needed.

(b) Submission of qualifIcations.

A training manager shall

submit to the department a copy ofthe qualifications of each guestinstructor the training manager designates before the guestinstructor participates in a course.

Note: To obtain a copy of the them, wrile or phone the Asbestos and t,ead Section,

Bureau of Occupational Health. Room 137. 1 W Wiisc,n St., P.O. Box 2659, Madison,WI 53701-2659; e—mail ‘plicasbestosIeadtadbs.wisconsin.aov”; pit.608---261--’6876;or fax 608-266-971.

(c) Department action. If the department notifies a training

manager that a guest instructor does not meet the qualificatiotisunder par. (a), the training manager shall withdraw designation ofthe guest instructor until the qualifications are met.

(5) EQUiVALENT TRAiNING AND XPERIEFCE. The department

may approve training, education and experience qualificationsother than those in this section ifthe department, following consideration and evaluation of the qualifications on a case—by—case

basis, finds that the qualifications are substantially equivalent to

and as protective of human health and the environment as the

requirements ofthis section.

Hiatory: CR 00--- 72: cr. Rc5isIcr February 2002 No.554, cIt 3-1-02.

DKS 163.25 Administrative responsibilities of train

ing managers. (1) AlvawrlstN-ti. The training manager for an

accredited training course shall ensure that any advertisement for

the course includes the same name and address ofthe course provider as it appears oti the application for accreditation or as laterchanged by notice to the department under sub. (7).

(2> CESSATiON OF TRAINING. The training manager shall nptify

the department when the training provider for an accredited training course closes or when the course will no longer be offered andshall provide the department an opportunity to take possession of

any relevant training records. Notification shall be made a mini

mum of 10 working days before the cessation of training.

(3) Couasn SCHEDULE NOTIFICATION. (a) Requirzsi’nent jbr

nol’,!fication. Attaining manager shall notify the department inwriting on the department’s internet form or on a form obtained

from the department whenever an accredited training ‘course has

been scheduled.

Note: To compiete the cc,urse schedule notification fc,rm on the internet, go Is

adtm .,t or r ‘in I .,tbt’im i ours hcdale it tt,fc firm. ott nit e r

phonc the Buceu of Occupational I”leaith, Roost i37. I W. Wilson St., P.O. Box2C 9 Mid ‘,or ‘M 5sJ1—’it 9 —mat 01 CS restosl adtsdh at’, ircir

ph. 608---26i—6F,76: or fsx 608---266--97ii.

(b) Norfication content. The notice shall inciud,e all of’ihe fol

lowing:

1. ‘l’he name ofthe training provider.

Register. January, 2009, No. 637
y 

minimum of one working day prior to the start of the course.

(d) Revtced uot(fication. The training manager shall complete

a revised internet form a minimum of 10 working days prior to the

course start date or shall notify the department by telephone or fax

a minir.num of one working day prior to the scheduled start dateof a course when the course is canceled or when the date or loca

tion of the course has changed. The department may restrict the

use of advance notification submitted in the form of lists of

intended courses and may require individual course--by--course

notification when a training manager fails to notify the departmentof revisions in a timely manner.

Nots. t . to an a cia w gms nis 10 rptA .5 tt

U r’k.rt’a tots:

r

notify the Department about a course scheduied on an emergency basis or to revise

a notification, phone 608—261—t576 or fax 608-—26( 9711.

(4) DESIGNAtION ot GUEST iNsTaucrogs, When a guest

instructor assists with a training course, the training manager shall

designate the guest instructor under s. DI-IS 163.24 (4).

(5) DESIGNATION OF PRINcIpAl, INSTRUCTORS. The training

manager shall designate a principal instructor for each accredited

course. The principal instructor shall be approved under s. DlIS

163.24 (3).

(6) NoNDtscIrla1rrtoN IN TRAINING. Access to an accredited

training course may not be denied solely due to age, sex, race,

color, creed, national origin, ancestry, sexual orientation or disability.

(7) NoTIFIcATIoN or CILJ5GES. The training manager shall

notify the department in writing a minimum of 5 working days

before making the following changes:

(a) Change ofaddress.

A change of address of the training pro

vider or the location of records required under sub. (10>.

(b) change ofname.

A change in the name ofthe training pro

vider.

(c) Change of ownership. The accreditation of a training

course under this subchapter may be transferred to a new owner

provided th.e course remains the same course accredited under this

chapter and the transfer is requested by both the training provider

transferring the course and the new owner of the course. Uponreceipt of a request to transfer the accreditation of a course, thedepartment ill change the course’s accreditation to contingent

accreditation under s. OHS 163.22 with no change in expiration

date or with an expiration date 2 years after the date ownership of

the course changed, whichever is earlier.

(d) Change in a course..

A change in the training course

description under s. DM5 163.21(2), the training resources unders. DHS 163.21 (3), the course registration plan under s. D.HS

163.21 (5) or course materials under s. DM5 163.21 (6), a mini

mum of 10 working days pnor to the start of the course. In addi

tion to the notification of a change in course materials under s.DIIS 163.21 (6). the training manager shall submit a draft of the

revised document. After reviewing the draft revision, the department may allow a trial period of 3 class sessions of a trainingcourse before requiring submittal of a final revision.

(e) C”hange oftraining manttgee

A change in training man

ager, a minimum of 5 working days before the change takes effectfor an approved training manager and a minimum of 15 workingdays for a new training manager for whom approval is beingsought under s. DIIS 163.24 (2). When a training course does not

have an approved training manager, the course may not be offered.

tor becomes unavailable due to an emergency, such as illness,

death or other family crisis, the training manager shall notify thedepartment of a change in instnrctor by telephone or fax before the

start ofthe course.

(8) PERMISSION ‘tO AUDIT. The training manager shall permit

department representatives to attend, evaluate and monitor anyaccredited training course and have access to records associated

with any accredited training course at any reasonable time without

charge or hindrance to the department flu the purpose of anaccreditation audit or any other evaluation of compliance with this

chapter anti any other applicable statute or regulation.

(9) QUALITY CONTROl.. The training manager shall be respon

sible for developing and implementing a quality control plan with

measures that include all ofthe following:

(a) Compliance. Ensuring that the training course and course

personnel comply with all provisions of this chapter.

(b) Instructor review. Annually reviewing instructor comnpe

tency and taking measures to improve competency when neces

san’.

(c) Material review Annually reviewing and revising training

materials and course tests to reflect innovations and changes in the

field.

(d) T-aining and meetings. Attending training and meetings

to which the training manager has been invited by the department

as a means of improving the quality of training offered.

(e) Validity 0/course test. Maintaining the validity and integ

rity of the course test under sub. s. DHS 163.20 (8) (h).

(1’) kaidiy ofskills assessment. Maintaining the validity and

integrity of the hands—on skills assessment under s. .D1:IS 163.20(8) (i) to ensure that it accurately evaluates the trainees’ perfor

mance ofskills taught during hands—on training.

(10) Racoans. (a) Requirement to retain records. The train

ing manager sl.Iall ensure that the provider offering an accredited

training course retains the records in par. (b) at its principal place

of business itt Wisconsin. If no office is maintained in Wisconsin,

records shall be retained at the office location closest to Wiscon

sin. Records shall be retained for a minimum of 3 years 6 tnoithsand shall be given to the department upon request.

(b) Records ro be retained. i’he following records shall be

retained:

1. A copy of each instructor and student manual, course test,

course test blueprint, all printed materials used in the course, other

training material and any document reflecting changes made to

any material.

2. The scored course test for all students who passed or failed.3. A copy of each student’s training certificate.

4. Documentation of training manager, principal instructor

and guest instructor qualifications, including copies of any princi

pal instructor approvals under s. DHS 163.24 (3) and guestinstructor designations under sub. (4).

5. Class rosters and student attendance records.6. The quality control plan when required under s. DiTS

163.25 (9). including documentation of activities performed in

compliance with the quality control plan.

7. Information regarding how any hands—on assessment is

conducted, including, but not limited to, all of the following:

a. Who conduces the assessment.

Register, Januaty. moot. No. 637
tronic format provided by or approved by the department or in

another format approved by the department.

(b) The student data submitted shall include all ofthe follow

ing information for each student:

1. Name of the course and if it was an initial or refresher

course.

2. The course dates.

3. For each training certificate issued, the date the training

certificate was issued.

4. The student’s fill legal name and address. If a training cer

tificate was issued, the name and address submitted shall be the

same as it is appears on the training certificate.

5. For each training certificate issued, the unique training cer

tificate number as it appears on the training certificate.

6. The student’s course test score, when a test is required.

7. A clearly identifiable picture of the student’s face clearly

labeled with the students full legal name.

8. The student’s social security number, if known.

9. The student’s date of birth.

history: CR 00—172: Cr. Register February 2002 No. 554. etT. 3—1—02.

Subchapter IV

— Enforcement

DHS 163,30 General provisions. (1) DEPARTMENtAL

ACTION. The department may initiate an action in the name ofthis

state against any person to require compliance with this chapter

or for failure to comply.

(2) OrluiR AGENCY ACTION Any other state agency in the

course of the performance ofits duties may determine that an individual, lead company or training provider has violated or is violating one or more requirements ofthis chapter. Ifthat agency deter

mines that there is a potential violation of this chapter, the agency

may noti’ the department ofthat potential violation. The depart

ment may delegate all or part ofits enforcement authority to any

other state or federal agency through a memorandum of under

standing.

(3) AUTHORITY TO INVESTIGATE. (a) Whenever the department

is advised or has reason to believe that any person is violating or

has violated any provision of this chapter, the department may

make an investigation to determine the facts. For purposes of this

tnvestigation, the department shall have authority to inspect the

site where the violation is alleged to he occurring or to haveoccurred.

(b) An authorized representative ofthe department may enter

a site where a regulated activity is being or has been, conducted or

a site that the authorized representative of the department has reason to believe may be involved with a regulated activity. A.nauthorized representative of the department may also enter the site

where a perso.n regulated under this chapter conducts business.

The representative may conduct tests, take samples, review workpractices. review and copy records and perform other activities

necessary to determine compliance with this chapter. No person

who is required to establish or maintain records under this chaptermay refuse to provide or copy records, or refuse to permit cntiy

or access to an authorized representative of the department ifthat

representative presents a valid identification issued to the repre

sentative by the department and ifthat representative is complying

s

ed by 

aw

(4) REFERRAl.. TO DISTRICT Al TORNEY, The department may

report any violation of this chapter or orders issued under thischapter to the district attorney ofthe county in which the dwellingis located. Pursuant to s. 254.30, Stats., the district attorney shall

enforce this chapter or orders issued under this chapter upon

receiving a report from the department or from the department’sdesignee under s. 254.152, Stats.

l’listôrv: CR 00—172: Cr. Register February 2002 No. 554. elF 31-02.

DHS 163.31 Reasons for enforcement actions.

(1) EXECUTION OF A CONSENT AGREEMENT. in addition to an

administrative or judicial finding ofviolation, execution of a consent agreement in settlement of an enforcement action constitutes.for purposes of this section. conclusive evidence of a failure to

comply with relevant statutes or rules.

(2) REASONS FOR ACCREOIThTION FNF0RcE.MENr ACTIONS. The

department may take an acn’•on under s. DHS 163.32 against a person offering or conducting a training course that is required to be

accredited under this chapter if the person has violated any provi

sion of this chapter. Reasons ‘for accreditation enforcementactions may include any of the following violations:

(a) The person owes the department payment of fees.

(b) The person deceptively issued or used training certificates.(c) The person misrepresented a training course or the contents

of a training course to the department, EPA. another EPA—autho

rized state, an EPA authorized tribe or the student population.

(ci) The person made false or misleading statements to the

department in its application for accreditation or reaccreditation.and the department relied upon those statements in approving theapplication.

(e) The person falsified accreditation records, instructor quali

fications or other accreditation related information or documentation.

(‘I) The person offered or conducted a course that failed to n.ieet

a requirement of this chapten

(g The person flailed to comply with the accreditation. stan

dards and requirements under this chapter.

(h) The person failed or reffised to establish, maintain, provide,

copy or permit access by an authorized representative of the

department. to records or reports.

(1) The person ‘filled to submit required information or notifi

cations to the department in a timely manner.

(j) The person ‘failed to comply with any other federal, state or loca..lead—based paint statute, ordinance, rule or regulation.(k The person failed or refused to permit a department repre

sentative entry to a training course without charge or hindrance to

attend, evaluate or monitor the course.

(3) REASONS OR APPROVAL. ENFCIRC:EMENr AcnoN’.s. The

department may take an action under s. Dl-IS 163.32 against a per

son required to be approved as a training manager, principal

instructor or guest instructor under this chapter if the person hasviolated any provision of this chapter. Thee reason for an approval

enforcement action may include any of the following violations:

(a) The training manager. principal instructor or guest instmc

tot has violated a provision ofthis chapter or any related state, ‘fed

eral or local statute, ordinance, rule or regulation.

Register. January, 2009, No. 637
(a) The ersOn owes the department payment of fees.

(b) The person used a training certificate that was issued by a

training manager without attending an appropriate course or an

entire course or without passing an approved course test.

(c) The person obtained training documentation, through

fraudulent means.

(d) The per.son gained admission to and completed an accred

ited training program through misrepresentation of admission

requirements.

(e)The person misrepresented facts or n:sade false or mislead

ing statements in applying fur certification.

(1) The person obtained certification through misrepresenta

tion of certification requirements or related documents dealingwith education, training, professional registration or experience.

(g) The person permitted the duplication, without labeling the

duplicate a “copy,” whttn labeling is required or permitted the useof one person’s training certificate, certification card or other cer

tification document by another.

(h) The person withheld or confiscated an employee’s valid

training certificate or valid certification card.

(i) The person performed work requiring certification at ajob

site without having proof onsite of certification.

0) The person performed, advertised, claimed to provide or offered to, perform or supervise work for which certification is

required but for which appropriate certification had not beenreceived.

(k) The person performed work using individuals who were

not certified when certification was required.

(L) The person failed or refused to establish, maintain, pro

vide, copy or permit access to records or reports by an authorized

representative of the department.

(m) The person failed or refused to permit entry or inspection

by an autl.sorized representative Of the department.

(n) The person failed or refused to comply with or to ensure

that employed or contracted staff comply with the work practice

standards and protocols under this chapter.

(o) The person displayed conduct relating to a regulated activ

ity that in the department’s .judgrnent constitutes unreasonablerisk to the health of any person.

(p) The person displayed a pattern of conduct that in the

department’s judgment constitutes unreasonable risk to the healthand safety of persons or the environment.

(q) The person flailed the mandatory certification examination

3 times in ally 6—month period.

(r) The person is not eligible for certification.

(s) The person failed to comply with any federal, state or local

government lead—based paint statute, ordinance, rule or regula

tion.

(5) ReAsoNs FOR DENIAl.. In addition to reasons for enforce

ment actions under subs. (I) to (4), the department may deny an

application for certification, recertification, accreditation,

renewal of accreditation or approval under this chapter to any of

the following persons:

(a)

A person who has. had a certification, recertification,

accreditation, renewal of accreditation or approval under thischapter revoked within the previous 5 years.

(a)

A person has committed a substantial violation ofthis chap

ter or an order under this section, as determined by the department.

A substantial violation may include one of the following:

1. Performance ofwork for hich certification is required but

for which appropriate certification was not received.

2. Performance of work using individuals who were not certi

fled when certification was req iiired.

3. Failure or refusal to comply with the work practice stan

dards under s. DFIS 163.14, or to ensure that employed or contracted staff comply with those work practice standards.

(b)

A person has committed an action or has created a condi

tion relating to a regulated activity that directly threatens theheaitl.i, safety or welfare of any person.

suStory: CR 00—172: or. Register February 2002 No. 554, eff. 3—t—02.

OHS 163.32 Enforcement actions. In addition to issu

ing letters of inquiry and noncompliance statements, which arenot appealable, the department may take one or more of the following appealable actions for any reason stated under s. DHS

163.31 against a certified individual or lead company an

approved training manager or instructor, a person offering anaccredited training course or a person required to comply with a

provision of this chapter:

(1) Oiuatt. If the department provides written notice of the

grounds for an order and an explanation ofthe process for appeal

ing an order imposed ‘under this stibsection, the department may

order any of the following when a person violates a provisionunder this chapter or continues to violate or resumes violation of

a provision for which notice was previously issued:

(a) That the person stop performing, supervising, advertising,

claiming to provide or offering activities for which certification

is required under this chapter when the person is not certified

under this chapter.

(h) That the person advertising or conducting a training course

that is represented as qualifying persons for certification underthis chapter stop advertising or conducting the course when thecourse or training provider is not accredited or approved under

this chapter.

(c) That the person not function as a principal instructor or

training manager of a lead naming course when the person is notapproved under this chapter.

(d) That the person stop violating any other provision of this

chapter.

(e) That the person submit a plan of correction for violation of

any provision under this chapter.

(.f) That the person implement atid comply with a plan of

correction provided by the department or previously submitted by

‘the person and approved by the department.

(g) That ‘the person stop performing or supervising activities

for which certification is required under this chapter until all

violations are corrected. The order may require all activities thatare regulated under this chapter to cease until the violation is corrected.

(h) That the person stop advertising or conducting a traIning

course accredited or approved under this chapter until all viola

tion,s are corrected.

(2) DENIAL. The department may deny an application for cer

tification, recertification, accreditation, renewal of accreditation

Reputes; January 2009, No. 637
an order issued under sub. (I) by the time specified in the order if

the department provides written notice of the grounds for a forfei

ture and an explanation of the process under s. .DHS 163.33 for

appealmg a forfeiture. All ofthe following apply to a civil forfei

ture:

(a) The department may directly assess a forfeiture by specifr

ing the amount ofthe forfeiture in the notice provided under this

subsection.

<b)

A person against whom the department has assessed a for

feiture shall pay that forfeiture to the department within 10. working days after receipt of notice ofthe assessment or, ifthat person

contests that assessment under s. D.HS 1.3.33, Within 10 workingdays after receipt ofthe final decision after exhaustion of administrative review or, ifthat person petitions for judicial review underch. 227, Stats., within 10 working days after receipt of the final

decision after exhaustion ofjudicial review. The department shallremit all forfeitures paid under this subsection to the state treasurer for deposit in the school fired.

Note: The attOnsey general may bring an action in the name of the state to collect

any tb,feiture a posed under this subsection that has not beaj.t paid as provided in psi:(b).

(4) SUSPENSION. The department may suspend a certification,

an accreditation or an approval issued under this chapter if thedepartment provides written, notice ofsuspension, the grounds forsuspension and an explanation of the process under s.Dl’IS 163.33for appealing a suspension not less than 30 days before the date

of the suspension, and the violation on which the suspension is

based remains substantially uncon’ected at the end ofthe 30—day

notice pertod. Any suspension of a certification, accreditation or

approval shall remain in effect until the department determines the

interests of the residents of the state are served.

(5) SUMMARY SUSPENSION. (a) Under the authority of s.

227.51 3), Stats., the department may summarily suspend a ceriitication when the department finds that this action is required to

protect the health, safety or welfare of any person.

A finding of

a requirement for summary suspension may be based on but is notlimited to one or more reasons under s. OHS 163.31 (6).

(b) An order by a representative of the department to sum

marily suspenri certification of a person and therefore stop a regu

lated activity may be a verbal or written order. Within 7 working

days after the order takes effect, the department shall either permit

the continuation of the regulated activity or initiate proceedings

to revoke the certification. Unless waived by the certified person,

an informal hearing on the sole issue ofwhether certification shall

remain suspended during revocation proceedings shall be conducted by a department designee within 15 working days after thedate ofsuspension ifthe department has initiated revocation pro

ceedings.

(6) REVOCATION. The department may revoke a certification,

an accreditation or an approval issued under this chapter if the

department provides written notice ofrevocation, the grounds for

revocation and an explanation of the process under s. OHS 163.33

for appealing a revocation not less than 30 days before the date of

the revocation..., and the violation on which the revocation is based

remains substantially uncorrected at the end ofthe 30—day notice

period.

Note: Pursuant to a. 254.30(2) (5). Stats., aity person who knowingly violates any

provision of this chapter or an order issued under sub. (3) shall he fined net less than

liled when the dtvision of hearings and appeals receives the

request.

A request by facsimile is complete upon transmission.

ifthe request is filed by facsimile transmission and such transnlisstun is completed between 5 PM and midnight. one day shall beadded to the prescribeel period.

Note: A hearing rcqsscsi should be addressed to the Division of Hearings and

Appeals, P.O. Box 7875, Madison, WI .53707. Hearing requests may be deliveretiin person to that office at 5005 University Avenue, Room 201, Madison, W.T. Hearing

requests slay be faxed to fillS ‘264—9585.

(3) AuMimc1STRA’rlvit t•ia.ARrNc,. The division of hearings and

appeals shall hold ai.t, administrative hearing under s. 227.42,

Stats., within 30 calendar days after receipt of the request for the

administrative hearing, unless the aggrieved person consents to anextension of that time period. l’he division of hearings and

appeals shall issue a decision no later than 45 calendar days after

holding the hearing, unless both parties agree to a later date.

Bistory: CR 00-i 72: Cr, Register Fehniarv 2002 No. 354, cif -02.

Subchapter

V

— Registry of Property with

Certificates of Lead—Free Status or Lead—Safe Status

DHS 163.40 Genera’ provisions. (1) At’T’Lic’Amt.rre:

This subchapter applies to property for which a certificate oflead-”free or lead—safe status is required based on notice that a child

under 6 years of age has an elevated blood lead level. This subchapter also applies to registered lead—free property and registered lead—safe property, the property owssers and the employeesand agents of property owners ofregistered lead—free property orregistered lead—safe property, and persons performing lead—based

paint activities on registered lead—safe property.

(2) REQUIREMENTS AND RESTRICTIONS. (a) Child with elevated

blood lead level. Under s.254.171. Stats., a property owner shall

do all of the following if the property owner receives a writtennotice from the department or a local health department that achild under 6 years of age. who resides in the property owner’sowner—occupied dwelling or dwelling ‘unit, or who resides in theproperty owner’s dwelling or dwelling unit under the terms of a

rental agreement, has an elevated blood lead level:

Note: Section 254.171, Stats., was repealed by 2005 Wit. Act 25.

I. Under s. 254.1 66, Stats., allow the department or a person

acting under the authority of the department, including a localhealth department, to conduct a lead investigation and then com

ply with any order issued.

2. Under s. 254.171, Stats., obtain a certificate of lead—free

status or a certificate of lead—safe status of not less than 12 monthsin duration. The certificate shall be obtained within 12 monthsafter the date the property owner receives written notice from the

department or a local health department.

Note: Section 254.17 I, Stats.. wan repealed by 2005 Wis. Act 25.

3. If the property owner makes a good faith effort to obtain

the certificate within 12 months but is unable to obtain a certificate

due to circumstances beyond the property owner’s control, the

property owner may ask the department for an extension as’’ol

lows:

a. The property owner or the property owner’s agent or

employee shall submit a written request for an extension forreceipt by the department before the end of the Ii iii month.

b. The request shall include the physical address ofthe dwell

ing and shall clearly explain why an extension, .s necessary.

Register. iansary. 2009, No. (137
unavailability of certified persons to conduct the lead investiga

tion, and issue a certificate.

f. Any extension der led by the department may be appealed

under s. DHS 163.33.

(b) Registered lead—free property or registered lead—sale

property Only a dwelling, dwelling unit or premises with a valid

certificate oflead—free status in effect may he claimed to be regis

tered lead—free property and only a dwelling, dwelling unit or

premises ‘with a valid certificate of lead—safe status in effect maybe claimed to be registered lead—safe property.

(c) Sampling or testing. 1. ‘Sampling or testing not required

before lead hazard reduction.’ Under s. 25418, Stats., sampling

or testing of a dwelling, dwelling unit or premise for the presenceof lead—based paint or a hazard is not required before lead hazard

reduction activities are conducted ifthe presence of lead—based

paint or a lead hazard is assumed and the lead hazard reduction

activities are performed in a lead—safe manner.

2. ‘Treating paint as lead—based paint for registered lead—free

or lead—safe properties.’ For purposes of obtaining a certificate

of lead—free status or a certificate of lead-safe status and for performing abatement or non—abatement lead—based paint activities

on registered lead•’-’safe property, paint shall he treated as lead-”

based paint unless the paint is proven to be lead—free. Provisionsunder this subckapter that apply to paint or lead--based paint apply

‘to all paint unless the paint is proven to be lead—free.

3. ‘Who may sample or test paint for a lead—free inspection

‘or lead—safe investigation.’ To be included in a lead—free inspec

tion or lead—safe investigation, sampling or testing of paint shall

‘be conducted by an appropriately certified person who is:

a. Not the property owner or an immediate lhmily member,

agent or employee of the property owner.

b. Not a lead company or associated with a certified lead cornparty that is directly or beneficially owned, controlled or managed

by the property owner, or by an immediate family Tnember, agentor employee of the property owner.

c. Not a person hired by or under contract ‘with the property

owner to manage or maintain the property owner’s real property

directed by the property owner.

d. Not a person who has been authorized by the property

owner to manage or maintain the property owner’s real property

on the property owner’s behalf.

e. Not a person who has a financial interest in the laboratory

results of the sampling or testing or in the determination of

whether the property ‘meets the registered lead—free property stan

dard or the registered lead—safe property standard.

4. ‘Who may sample or test paint before conducting a lead’-’

based paint activity on registered lead—safe property.’ To conduct

sampling or testing of paint before performing an abatement or

non---abatement lead—based paint activity on registered lead--safe

property, an individual shall be:

a. Certifieri in an appropriate lead investigation discipline

unless the sampling or tinting of paint is only performed on the

individual’s owner—occupied dwelling and the dwelling is only

occupied by the property owner or members ofthe property owner’s immediate ‘family.

b Associated with a lead company that is certified under s.

Dl-lS 163.12 unless the certified individual conducting sampling

lead•”based paint is present. If the reading is less than 0.7 milli

grams lead per square centimeter, determine that the paint is lead—

free. When a reading is in the inconclusive range’’for the XRF

used, treat the paint as lead-based paint unless a paint chip sample

taken under subd. 5. b. results in a determination that the paint is

lead--free.

h. Collect a paint chip sample; have the piunt chip sample ana

lyzed by a recogi2ized laboratory to determine detectable levels 01’lead that can be quantified numerically; and determine that lead--

based paint is present if the laboratory result for the paint chip

sample is equal’to or greater than 0.06% lead by weight. ifthe lab

oratory result for the paint chip sample is less than 0.06% lead by

weight, determine that the paint is lead—free.

(3) TRANSFER OF CERTIFICATE OWNERSRIP. (a) Requirement to

transfer. When a person obtains both equitable title’ ,snd legal possession of a registered lead-free property or registered lead--safe

property, any certificate issued to the previous property owner is

no longer in effect unless transferred under par. rb).

(b) Written notice to is’ansfer 1,. To request a transfer of owner

ship and an amended certificate, one ofthe new property ownersshall submit a signed and dated written notice of the change in

ownership of the property to the department within 60 days afterthe date on which the new property owner obtains both equitable

title and legal possession of a registered lead—free property or registered lead-safe property. In the written notice, the propertyowner w’ho provides the notice shall provide the names and mailing addresses of the property owners or the name and mailingaddress of the authorized representative of’the property owners.

2. The property owner shall submit the appropriate fee for an

amended certificate under s. Dl”lS 163.41 (2) (1) or 163.42 (2).

(c) Amended certificate. After receiving a written notice and

fee under par. (b), the department shall issue an amended certifi

cate that reflects the change in the ownership ofthe property.

(d) Maintaining a cert/Icate of lead—so/b status. The new

owners shall comply with the conditions for maintaining the cer

tifIcate under s. Di’lS 163.42 until the certificate expires or is ter

minated or revoked.

Notm Along with the amended certificate, the department will send the new own

ers information about the conditions for oraintaitting the certificate.

(4) TeMPORARY uviatuarry. As one of the condition.s for

receiving temporary immunity under s. 254.173 (3), Stats., the

property owner shall ensure that the ‘following activities intendedto temporarily reduce a lead—based paint hazard are conducted inany dwelling or dwelling unit that is vacant during the first 60 days

after the property owner acquires the dwelling or dwelling unit:

Note: Section 254.173 (3), Stats., was repeated eff 9--t--O5 by 999 Wis. Act 113.

(a) Potential dust—lead shall be removed using documented

methodologies.

(b) if deteriorated paint is present, the deteriorated paint shall

be stabilized using documented methodologies unless the paint is

sampled or tested under sub. (2) (c) and determined to be lead—free.

Note: For documented methodologies for removing dual—lead and repairing dete

riorated paint, refer to Appen..lix 13 for Chapter II of HUD’s “Guidelines for the F.valuattc,n and Control for t.cad”t3ated Paint Hazards in Houtitig”. Refer to s. 254,173

(5). Stats., for all of the conditions that most be met in order for temporary in’,musity

to apPly.

(5) VOLUNTARY TERMtNATION OF A CERTIFICATE. To voluntarily

terminate a certificate of lead—free status or to terminate a certifi

tt,egistcr, tannery, 2009. No.637
(a) Painted components. Painted coinponent.s shall be free of

lead based paint, as determined by a lead—free inspection under

sub. (2).

(h) Dust/iron removal ofpaint or components. Property shall

be free of a dust—lead hazard created by removal of lead—basedpaint or lead—based paint components, as determined by a lead—

free inspection under sub. (2).

(2) ISSUANCE OF LEAD-FREE CERTIFICATE. All of the following

apply to issuing a certificate of lead—free status:

(a) Lead--flee inspection protocol. I. ‘Who may conduct.’

A

lead—free inspection shall be conducted by a certified lead irispector or lead risk assessor associated with a certified lead company.Under direct on—site supervision of a certified lead inspector orrisk assessoi a certified lead hazard investigator or sampling tech

nician may assist with a lead--free inspection but may not use an

XRF. Certified individuals involved with conducting a lead—free

inspection shall conduct it in an unbiased, objective and impartial

manner. All persons involved with conducting the lead—free

inspection shall meet the requirements under s. DHS 163.40 (2)

(c)3.

2. ‘Locations inspected.’ The registered lead—free property

covered by a certificate is limited to those locations suject to the

lead—free inspection under one of the following subd. pars.,

except that all dwelling units are included when a random selection process under subd. 2. c. is successfully used:

a. When a certificate of lead—free status is being sought for

a single dwelling unit, the locations inspected shall include thedwelling unit fur which the certificate is being sought and all inte

rior and exterior common areas for the real property associated

with the dwelling.

b. When a certificate of lead—free status is being sought for

an entire multi family dwelling, the locations inspected shallinclude all dwelling units unless subd. 2. c. applies, and shall

include all interior and exterior common areas for the real propcity associated with the dwelling.

c. When a certificate of lead—free status is being sought for

a multi family dwelling with more than 20 dwelling units that aresimilar in construction, age and have a common painting histoiy,

the locations inspected shall include either all dwelling units or a

subset of the dwelling units selected using the random selection

process, and shall include all interior and exterior common areasfor the real property associated with the dwelling. When the random selection process is used for dwellings built before i 960, a

sufficient number of dwelling units shall be selected to provide a95% level of conftdence that at least 95% of all dwelling units

would meet the standard for registered lead—free property if all

dwelling units were investigated. When the random selection process is used for dwellings built in 1960 or later, a sufficient number

of dwelling units shall he selected to provide a 95% level of confi—dence that at least 90% of all dwelling units would meet the standard for registered lead--free property if all dwelling units wereinvestigated. if any dwelling unit included in the lead—free

inspection does not meet the standard, a certificate of lead--free

status may not be issued. If conditions in the failed dwelling unit

are corrected, conduct a new lead--free inspection that includes a

new selection of dwelling units chosen using the random selectionprocess.

an occupant might be exposed to a lead

based paint hazard.

Note: Suhd. 2. a. to c. apply only to dwctiings and subd. 2. d. applies only to other

premises that are not ciweilings, saris as ehild—sccapied facilities.

e. The leac t free inspection may incorporate a determination

from a prior lead investigation activity that a painted component

is lead—free when the prior lead investigation activity meets the

requirements under s. DHS 163.40 (2) (c) 3.

3. ‘Lead inspection.’

A lead—free inspection shall include a

lead inspection under s. DFIS 163.14 (8).

4. ‘Clearance.’

A lead—free inspection shall include clear

ance tinder s. DI-IS 163.14 (5) of’ the work area where more than

2 square feet of paint was removed or more than 2 square feet of

paint was disturbed in removing a painted component, if known.

or ofthe dwelling units and cormnon areas inspected under suhd.2.. unless one of the following is obtained:

a. When the paint has not been proven to be lead free, a clear

ance report issued by an appropriately certified person after themost recent removal ofmore than 2 square feet of paint or removalof a painted component when the removal disturbed more than 2

square feet of paint.

A certified individual involved with conduct

ing clearance that is included in a lead—free inspection may not bea property owner or an immediate family member, agent oremployee of a property owner or associated with a certified lead

company that is directly or beneficially owned, controlled or managed by a property owner, or by an immediate family member,agent or employee of a property owner,

b. The following statement signed by the property owner or

the property owner’s agent or employee and dated at the time of

signature: “I have no notice or knowledge of any person, duringthe previous 12 months, removing a total of more than 2 squarefeet of paint or disturbing tnore than 2 square feet of paint when

removing a painted component from the real property included in

this lead—free inspection.”

(b) Submission ofregistration form. Following instructions

provided by the department, a lead company shall complete and

submit the lead--free inspection registration form to the depart

ment within 10 working days after completing the lead—free

inspection, including receipt of any laboratory results. The regis

tration form shall be submitted using an electronic format pro

vided by the department or an alternative method approved lay the

department.

(c) Verification of quali/leafjot-i and registration. The lead

company shall follow the inslTuctions provided by the department

to issue the certificate of lead—free status to the property owner

within 10 working days after receiving verification of qualifica

tion and registration from the department.

(d) ffective date. I. If a certified lead company conducts a

lead—free inspection and submits the registration form to the

department under par. (b) within 10 working days after conipletion o-f the lead inspectioti. and, ifthe department determines

the dwelling unit, dwelling or premises meets the standards for

registered lead—free property, the certificate shall be valid on thedate the on—site sampling was completed.

2. If a lead company fails to submit the registration form

within 10 working days under par. (b). the certificate shall be valid

on the date the dwelling unit, dwelling or premises met the Standards, as determined by the department based on evidence sub

mitted by the property owner or lead company.

Register. January, 2009, No. 637
(

) 

p

until revoked, which shall be stated on each certificate of lead—

free status issued.

(t Fees. 1. In addition to fees charged by the lead company

for the lead—free investigation and any laboratory analysis, the

property owner shall pay a lead free certificate fee of $50 to the

lead company issuing a lead—free certificate and the lead companyshall forward payment to the department before the i0 day ofthe

month following issuance.

2. Tn addition to the fee under subcl. I., a lead company that

submits a lead—free report using an approved alternative under

sub. (2) (b) shall pay a handling fee of $25.

3. if a property owner requests the department to issue a dupli

cate or an amended certificate of lead—free status, the propertyowner shall submit a fee of $50, payable to the department ofhealth and family services.

Note: The department will provide training to lead company staff on the process

for registering and issuing a lead—free or lead—safe certificate. For information about

this h-sitting, contact the Asbestos and Lead Section, Duress of Occupational Health,Room 137, West Wilson Street, RI). [toe 2659, Madison, Wt 537012659; e—mail“aiicsshessos.idbxwhconsingus”; ph. 608—2616876; fax 608--26&---971 1.

(3) REVOCATIoN. if’ the department provides written notice of

revocation, the grounds for revocation and an explanation of the

process under s. DHS 163.33 for appealing a revocation not less

than 30 days before the date of the revocation, and the violation

on which the revocation is based remains substantially uncor

rected at the end of the 30-day notice period, the department mayrevoke a certificate of lead free status for any ofthe following reasons:

(a) Fhe dwelling, dwelling unit, child—occupied facility or

oth.er premises is not free of lead—based paint, as determined bysampling conducted using documented methodologies.

(b) The certificate was issued in error.

(c) The lead—free inspection does not support that the property

meets the registered lead—free property standards under sub. (I)

because the lead--f’ree inspection protocol under sub. (2) was not

followed in determining that the dwelling, dwelling unit, child—occupied facility or other premises met the standards for registered lead—free property and a subsequent lead—free inspection

does not veri’ that the dwelling, dwelling unit, child—occupiedfacility or other premises met the lead—free standards.

Note: Whets a property owner is notittect of a problem with a lead--free inspection,

the property owner rosy hire a certified iead c.otnuaesv to conduct a isew sad—freeinspection to verify that the property wan, in tact, eligible ft the lead—free certilicate.If the property owner submits the inspection report for the new lead free inspectionto the departtettt, the department will review the report and stop the revocation

action if the new lend—free inspection verities the property assets the standards.

(d) The property owner or his or her employee or agent

obtained the certificate by fraud.

History: CR or 172: cr. Register February 2002 No. 554. eff. 1-02.

DHS 163.42 Certificate of lead—safe status. (1) Ran

:lsmREt) l:.aAl) SAFE l’ROPEWIY STANDARDS. Under the standards inthis subsection, paint is not lead”:free unless the paint is sampledor tested under s. Di-IS 163.40 (2) (c) and determined not to contain lead--based paint. For registered lead--safe property. all loca

tions under sub. (2) (a) 2. that are subject to a lead—safe investigation shall meet all ofthe following standards, as determined by a

lead—safe investigation under sub. (.2):

(

) 

p

, 

be no visible defect, damage, decay or deterioration in the sub

strate that ti-tight cause deteriorated paint unless the paint is proven

to be lead free. Painted, unkeyed plaster may not be present

unless the paint is proven to he lead—fl-ce.

(e) Dust lead hazards. There shall be no dust lead hazards on

registered lead—safe property.

A dust—lead hazard is present when

at least one ofthe following applies:

I. Using composite dust sampling, the following results are

obtained:

a. The laboratory results for composite dust samples collected

from floors are equal to or greater than 25 micrograms per square

foot (25 p.g!ft 2)

b. ‘Ihe laboratory results for composite dust samples collected

from interior windowsills are equal to or greater than 125 micro

grams per square -foot (125 .tg/ft 2).

c. The laboratory results for composite dust samples collected

tom. window troughs or wells arc equal to or greater than 400micrograms per square foot (400 tg/ft 2).

Note: Composite dust sanspling under this protocol is cortsparahhe to dust sam

pling eossductcd under a lead hazard screen.

2. Using single—surface dust sampling, the following results

are obtained:

a. The arithmetic mean for dust samples collected from all

floors is equal to or greater than 40 micrograms per sqtiare (hot (40

pg/fr 2).

b. The arithmetic mean -for dust satnples collected from all

interior windowsills is equal to or greater than 250 micrograms

per square foot (250 l.tg/ft 2).

c. The laborato result for a dust sample collected frtun a

window trough or well is exua1 to or greater than 400 micrograms

per square foot (400 p.g/ft 2).

Nott: Singt. surface dust sampling mister this protocol is rotstparssbie to dust sasti— pling ctuidueted smder a lead risk assessment.

(f) Moisture or water damage. Unless the paint is proven to

be lead—free, there shall be no evidence of ongoing water damage

to painted surfaces, including ongoing water damage caused by

any o-f the following:

1. Unrepaired water leaks in gutters, downspottts, roofs,

foundations or ol.her compouaerlts.

2. Liurepaired leaks in plumbing, air conditioning or heating

systems.

3. Absent or malfunctioning gutters or downspouts.

(g) Paintedfloors and stairs. Painted interior and exterior

floors and the traflic area of stair treads shall be free of deterio

rated paint and evidence of abrasion unless all existing paint onthe floor or stair tread is proven to be lead—fl-ce.

(h) i’Vindow sytferns, ins;hiding storm and screen windows. For

painted window systems, all of the following apply unless thepaint is proven to be lead---i’ree:

I. Weep holes shall be present and open in any window sys

tem designed to have weep holes.

2. Window wells or troughs shall be smooth and cleanable.

3. Glazing shall not have gaps.

(il Soil —leacihazard. There shall be no soil—lead hazard on

registered lead—safe property.

A soil—lead hazard is present when

Registes; January, 2009. No. 637
i.ndvidnals involved with conducting a lead

safe investigation

shall conduct it in an unbiased, objective and impartial manner.All persons involved with conducting the lead safe investigation.shall meet the requirements under s. DHS 163.40 (2) (c) 3.

2. ‘locations investigated.’ The registered lead—sale prop

erty covered by a certificate is limited to those locations subject

to the lead—safe investigation under one or more of the followingsuhd. pars., except that all dwelling units are included when a ran

dom, selection process under subd. 2. c. is successfully used:

Note: Sabd. 2. a. to c. apply to dwellings and subd. 2. ci. applies to other premises

that are not dwellings, such as child—occupied facilities.

a. When a certificate of lead—safe status i.s being sought for

a single dwelling unit, the locations investigated shall include the

dwelling unit for which the certificate is being sought and all inte

rior and exterior common areas for the real property associated

with the dwelling where an occupant of the dwelling unit might

be exposed to a lead—based paint hazard.

b. When a certificate of lead—safe status is being sought for

an entire multi-—family dwelling, the locations investigated shall

include all dwelling units unless subd. 2. c. applies, and shall

include all interior and exterior common areas for the real property associated with the dwelling where an occupant might be

exposed to a lead—based paint hazard.

c. When a certificate of lead—safe status is being sought for

a multi—family dwelling with more than. 20 dwelling units that are

similar in construction, age and have a common paint, mainte

nance atl.d management history, the locations investigated shall

include either all dwelling units or a subset of the dwelling units

that are selected using the random selection process, and shall

include all interior and exterior common areas for the real prop

erty associated with the dwelling where an occupant might beexposed to a lead--based oaint hazard. When the random selection

process is used, a sufficient number of dwelling units shall beselected to provide a 95% level of confidence that at least 95% ofall dwelling units would meet the standard for registered lead—safe

property if all dwelling units were investigated. If any dwellingunit included in the lead—safe investigation does not meet the stan

dard, a certificate of lead—safe status may not be issued. If conditions in the failed dwelling unit are corrected, conduct a new lead--safe investigation that iscIudes a new selection of dwelling units

using the random selection process.

Note: For sssistance in selectitss the correct number of dwelling units to include

itt the lead-salt investigation, refer to Appendix E of this chapter MIte first instance

that a property fails a cad-safe investigation fiallow the actions agreed upon in thecontract under a. DIrt l63. 13 (5) (e). Actions that might be required in the contractincludc stopping the lead--al invcstigatios or convening to a risk assessment.

d. When a certificate of lead—safe status is being sought for

a premises that is not a dwelling, such as a child--occupied facilitthe locations investigated shall include all interior and exteriorcommon areas for the real property associated with the premises

where an occupant might be exposed to a lead based paint hazard.

e. The lead-safe investigation may incorporate a determina

tion from a prior lead investigation activity that a painted component is lead—free when the prior lead investigation activity meets

the requirements under s. DES 163.40 (‘2) (c) 3.

3. Sampling or testing for lead—based paint.’ Certified per

sons conducting a lead-safe investigation shall freat paint as lead—-

based paint unless the paint is sampled or tested under a. DES

163.40 (2) (c) and determined not to contain lead—based paint.

p

p

g 

p

p

plirig conducted cinders lead hazard screen stat singie--susfsoe dust sampling is com

parable to dust sampitng osiducted under a lesd risk sssessment. Documented tstethodologies tbr dust wipe samples under this protocol iscit’de the ItPA protocols under

40 CFR 745.227, EPA guitlanee documents relating to the EPA protocols and Chapter

5 of DUD’s “Guidelines for the Evaluation and Control of Lead--Based Paint Itasanis

in Etousing.”

6. ‘Collect composite dust samples of a dwelling unit.’ Col

lect composite dust samples from a dwelling unit as follows:

a. Collect one or more composite dust sam.ple consisting of

4 separate dust samples from the floors ofthe main entryway androoms or areas where a child under age 6 years would most likelycome into contact with dust.

b. Collect one or more composite dust sample consisting of 4 separate dust samples from the window troughs or 4 separate

dust samples from interior sills of windows that are most fre

quently operated or where a child under age 6 years would most

likely come into contact with dust.

c. For a dwelling m.tnit in a nt.ulti—family dwelling, collect dust

samples under subd. 8. from common areas where a child underage 6 years would most likely come into contact with dust in addi

tion to the samples collected under subd. 6. a. and b.

7. ‘Single surface dust samples of a dwelling unit.’ Collect

single—surface dust samples from a dwelling unit as follows:

a. Collect a minimum of 4 dust samples from floors in rooms

and areas that might be frequented by children under age 6, with

samples collected from areas ofthe floor where a child under age

6 would roost likely come into contact with dust, such as a playarea within a room, a high—traffic walkway and underneath win

dows.

b. Collect one dust sample from a window trough of a window

that is commonly operated or where a child tinder age 6 years

would most likely come into contact with dust.

c. Excluding the window from which the sample under subd.

7. b. was taken, collect a minimum of 3 dust samples from interior

windowsills in rooms or areas where a child under age 6 years

would likely come into contact with dust. Select windows that are

frequently operated or where a child under age 6 years would mostlikely come into contact with dust.

d.For a dwelling unit in a multi—family dwelling, collect dust

samples under subd. 8., from common areas where a child under

6 ‘,‘eara vould most hkely comt. into co’i’sc wttl’ dust in addttton

to the samples collected under subd. 7. a. to c.

8. ‘Single surface dust samples of dwelling common areas,’

Collect single surface dust satnples of dwelling common areas as

follows:

a. Collect window and floor d.ust samples from Common areas

adjacent to the dwelling.

b. Collect window and floor samples from other common

areas where a child tinder age ft would likely come into contact

with dust.

9. ‘Single surface dust samples of other premises.’ For a

chtld—occupied facility or premises other than a dwelling, collectsingle--surface dust samples as follows:

a. Window and floor samples in each room, hallway or stair

well used by a child under age 6 years.

b. Collect ‘window and floor dust samples from common areas

adjacent to the child—occupied facility or other premises.

Regssteciar.uary, 2009, No. 637
c. Dripline and tounaation areas where bare soil is present.

11. ‘Analysis by a recognized laboratory.’ .Fiave any col

lected paint chip, dust or soil samples analyzed by a recognizedlaboratory to determine any detectable levels of lead that can be

quantified numerically.

(b) Submission ofregtstranon Jbrm. Following instructions

provided by the department, a lead company shall complete and

submit the lead—safe investigation registration fbrm to the depart

meot within 10 working days of completing the lead—safe inves

tigation or receiving any laboratory results, whichever is later.

The registration fbrm shall be submitted using an electronic for

mat provided by the department or an alternative method

approved by the department.

(c) Verification of qaafl/Ication and registration. The lead

company shall follow the instructions provided by the department

to issue the certificate of lead—safe status to the property ownerwithin 10 days after receiving verification of qualification and

registration from. the department.

(d) Efficctive date. 1. If a certified lead company conducts a

lead—safe investigation and submits the registration form to the

department under par. (b) within 10 working days after completion of the lead—safe investigation, including receipt of any labo

ratory results, and ifthe department determines the dwelling unit,

dwelling or premises meets the standards for registered lead—safe

property, the certificate shall be valid on the date the on—site sam

pling was completed.

2. if a lead company fails to submit the registration form

within 10 working days under (b), the certificate shall be valid on

the date the,dwelling unit, dwelling or premises met the standards,as determined by the department based on evidence submitted by

the property owner or lead company.

e) Expiration date. 1. ‘General criteria for determining the

expiration date.’ For property meeting the registered lead—safe

property standards under sub. (I), a certificate of lead—safe status

shall be given an expiration date based on the component that is

most likely to cause or become a lead—based paint hazard before

arty other component. .A component that is proven to be lead—fleeshall be excluded from consideration.

A component that has been

enclosed or encapsulated according to documented methodolo

gies shall be excluded from consideration under subds. I. to 5. Todetermine the expiration date. select the shortest duration under

subds. 2. to 7. based only on the components subject to the lead--safe investigation under sub. (2) (a) 2.

2. ‘Nine months.’ The presence ofpaint on an impact or fric

tion surface of a window well or trough, window channel, or win

dow sash shall result in a certificate of lead—safe status beingissued for no more than 9 months when paint is not proven to be

lead—free tind the painted surface is not enclosed by a durable

material that protects the paint from impact and abrasion.

Note: The 9itot.th certificate is intended to allow revogn:t:ott of temporary inca

sores, such as removing dusr—tead and debris created by impact and friction, white

more perntar,cnt toad hazard reduction continues. Under -sub. (1). no more than 2

aoplicatt toe a 9--month c-e-nifieare may he submitted unless the propeiw owner

provides the department with a reason why an additional 9—month certificate is reecs-.sary

3. ‘One year.’ The presence of any of the following condi

tions shall result in a certificate of lead—safe status being issued for

no more than one year unless the paint is proven to be lead—free:

described and the painted friction surface is not covered by a dura

le material that protects the paint from abrasion.

4. ‘Three years.’ The presence of any of the following condi

tions shall result in a certificate oflead safe status being issited -forno more than 3 years unless the paint is proven to be lead--free:

a. Paint is present on an exterior sill, interior sill or stool, cas

ing, head, jamb, glazing, caulk, putty or any other component of a window that i-s not an impact or friction surfhce under subd. I.

b. Paint is present and exposed on any exterior horizontal sur

face or any of the following exterior components: floor, porch,

stair system.

c. Other than paint on a window well or trough under subcl.

1., paint is present and exposed to damage by the impact of another

component striking the painted component, such as a door striking a baseboard or chair rail.

d. Paint is present on an interior or exterior door.e. A component shows evidence of mold, mildew, moisture

or water damage where paint is present, but no evidence of an

active leak.

f. In a dwelling unit or common area, paint is present under

an intact lead--free topcoat of a floor and the painted surface is not

covered by a durable material or carpeting that protects the paintfront abrasion.

g. In an enclosed area that is locked and secured against

access by occupants other than the property owner or the property

owner’s family, agent or employee, paint is present on a floor or

the traffic area of a -stair tread and the painted surface is not covered by a lead—free topcoat or by a durable material or carpeting

that protects the paint from abrasion.

5. ‘Five years.’ Unless the paint is proven to be lead—free, the

presence of paint on an exterior component not described under

subds. 1. to 3., 5. or 6., such as siding, porch ceiling, gutter,

downspout, soffit or facia, shall result in a certificate of lead--safe

status being issued for no more than 5 years.

6. ‘Ten years.’ Unless the paint is proven to he lead—free, the

presence of paint on an interior component that is not described

under subds. 1. to 3.. 5. or 6.. such as a wall, ceiling or painted floor

covered by wall—-tn--wall carpeting, shall result in a certificate of

lead--safe status being issued for no more than 10 years.

7. Twenty years.’

A certificate of lead—safe status shall be

issued for no more than 20 years when all paint that has not been

proven to he lead free has been hilly enclosed with durable malerial that does not allow dust or debris from the paint to escape into

the environment.

(I) Fees. 1. in addition to -fees charged by the lead company

for the lead—safe investigation and laboratory analysis, the property owner shall pay a lead—safb certificate fee of $25 to the lead

company issuing a lead—safe certificate and the lead companyshall forward payment to the department before the 10ul day ofthe

tnonth following issuance.

2. In addition to the fee under subd. 1., a lead company that

submits a lead—safe teport using an approved alternative under

par. (b) shall pay a 1 25 handling fee.

3. If a property owner requests the department to issue a dupli

cate or an amended certificate of lead—safe status, the proper

Register. January. 2009. No. @37
lion, impact, or other disturbance, such as by activities involving sanding, scraping,

sawing, platting, cutting, bat-ning, and heating to high teniperrsmres.

(b) Disfribute materials to occupants. 1. Applicability.’ This

requirement applies to a property owner when a registered lead—

safe property includes a dwelling unit or premises that is occupied

by someone other than the property owner or the property owner’s

immediate family.

2. ‘Requirement for distribution of materials.’ a. For tenancy

of a dwelling unit under a rental agreement, the property’ ownershall ensure that a lead—safe information pamphlet under subd. 3.

and a form utider subd. 4. is delivered by personal, postal or delivery service to an adult occupant or other responsible occupantentering into a tenancy under a rental agreement.

b. For tenancy of a dwelling unIt in the absence of a rental

agreement. the property owner shall ensure that a lead—safe infor

tnatio.ti pamphlet under subd. 3. and a form under suhd. 4. is deliv

ered by personal, postal or delivery service to an occupant age 16

years or older when the occupant holds possession ofthe dwelling

unit for a period of 30 consecutive days or more with the ks.uowledge and consent ofthe owner and materials have not been distrib

uted to other occupants of the dwelling unit within the previous 12mot.sths.

c. For a child—occupied facility, the property owner shall

ensure that a registered lead—safe property poster obtained fromthe department is posted where it is visible to persons responsible

for children occupying the child—occupied facility.

d. For a premises that is not a dwelling unit or a child—occu

pied facility, the property owner shall ensure that a registered

lead—safe property poster obtained fron.u the department is posted

where it is visible to persons occupying the premises.

3. ‘Lead—safe infonnation pamphlet.’ The lead—safe infor

mation pamphlet shall be obtained from or approved by the

department.

4. ‘Form for reporting deteriorated paint and other potential

lead—based paint hazards.’ The form or reporting deteriorated

paint, failure of an enclosure, encapsulation or covering, and any

other potential lead—based paint hazards shall be obtained from

the department or may be another form that shall include a requestfor all of the following information:

a. The name and contact information for the person submit

ting the form.

b. The location and a brief description of the deteriorated

paint, failure of an enclosure, encapsulation or covering, or other

potential lead—based paint hazard.

c. ‘i’he date the form is delivered to the property owner or the

property owner’s agent or employee.

d. Optional disclosure ofthe presence of a child under age 6.

5. ‘Titning for distribution of required materials after

issuance of a certificate he property owner shall en.sure that

distribution of materials under subds. 3. and 4. is completed within

60 days after issuance of a certificate of lead—safe status.

Note: The lead safe infoctnaiion patuphlct, registered lead—safe property potter

and the form for reporting deierhtrated paint anti potential lead—based paint hazards

may he obtained hum the Asbestos and t.ead Section, Bureau of Occttpationa!itealls t ‘t ir 9, 9,, otatrer P0 tlox2( ., Msc.’r,e, 01 26 ‘r tie — t .sc sr’,tt sirat clh ‘.u-tsfu

trt t °08 e61 65t6 la.x

608—266—9711; or may he available on the department’s webeite at www.dhs.wiscnn..

materials have not been distributed to other occupants of the

dwelling unit within the previous 12 months.

Note.: For retilal hosting, the required materials may be disiributccl together with

dischtsure materials required under HUD regulaliona under 24 CFR Part 35, Subpart

I-i and ItPA regulations under 40 CFR Part 745 Subpart F’.

7. ‘Timing for distribulion on an ongoing basis.’ When a cer

tificate of lead—safe status is issued for 3 years or more, the property owner shall ensure that materials under subds. 3. and 4. bedistributed no later than every 13 months as long as the tenancycontinues unless the property owner chooses to post a lead—-safe

information pamphlet in each dwelling unit covered

y the certifi

cate of lead—safe status.

(c) Conduct vtgual inspection. When a certificate oflead—safe

status is issued for 3 years or more, the property owner shall

ensure that the registered lead—safe property has a visual inspection conducted as follows:

I. The visual inspection shall be completed no later than

every’ 13 months.

2. During the visual inspection, the registered lead—safe prop

erty shall he examined visually for the presence of deteriorated

paint that is not proven to he lead—free, failure of an. enclosure,

encapsulant or covering, and the presence ofothr potential lead---

based paint hazards using documented methodologies. Compo

nents that previously were determined to be free of lead—based

paint in accordance with procedures under s. DHS 163.40 (2) (c)

may be excluded from the visual inspection.

Note: Refer to Appendix G tor one documented methodology the conducting a

visual inspection.

3. The results of the visual inspection shall be recorded on a

visual inspection form obtained from or approved by the depart

ment. The form shall include all ofthe following:

a. The date of the visual inspection.

b. The name and contact telephone number ofthe person who

conducted the visual inspection.

c. The result of the visual inspection.4. The visual inspection ‘form shall be maintained under par.

(h) and, when requested, shall be submitted to the department

within 10 working days.

5. Any deteriorated paint that is not proven to be lead free and

any failing enclosure, encapsulation or covering shall be repairedand any lead—based paint hazard removed according to the timeframe under par. (d).

Note: “Lead Paint Safety, A Field,Gttide foe Painting, I’loeje .Mainieaance. and

Renovation Work” strottgiy recoittntends dust wipe samples be taken cvel’y One yests

to check inc dust”Icad hazards whet, a young child or pt’egttant woman lives itt

dwelling.

(d) Remove lead--’ ba.sed paint hazards. 1. Subject to the provi

sions under subds. 2. to 6., the property owner or the property

owner’s agent or employee shall ensure that any failing enclosure.encapsulation. or covering, deterictrated paint that is not proven to

be lead free, and any other potential lead—based paint hazard is

repaired or removed within 20 working days of gaining knowl

edge of the potential lead—based paint hazard from any source,including a visual- inspection under pan (e), a reportby an adult or

responsible occupant or the parent or guardian of an occupant whois ‘under age 6 years, or a notice from a federal, state or local governrneni:ai agency.

2. Ifthe property owner or the property owner’s employee or

agent knows or has reason to know that a child under the age of

Regntcr, Jansary, 2009, No. 637
rated paint that is not proven to be lead-free, or any other potential

lead—based paint hazard shall be repaired or removed at an earlier

date ifthe department or another governmental agency orders ear

lier action.

5. Repair or removal of a failing enclosure, encapsulation or

covering, deteriorated paint that is not proven to be lead-free, orany other-potential lead—based paint hazard is not required whenboth of the following conditions apply:

a. An individual certified in a lead investigation discipline

uses documented methodologies to determine that a dust—lead

hazard is not present and the paint is lead-free.

b. All reports and data related to the determination are main

tained under par. (is).

6. When exceptional circumstances prevent, the timely repair

or removal of a failing enclosure, encapsulation or covering, dete

riorated paint that is not proven to be lead—flee, or any other poten

tial lead—based paint hazard, the property owner or the propertyowner’s employee or agent may ask- the department to grant anextension as follows:

a. The property owner or the property owner’s agent or

employee shall submit a written request for an extension for

receipt by the department before the applicable timeframe under

subds. l.to3.

b. The request shall identii’ the registered lead--safe property

by certificate registration numberand shall clearly explain why anextension is necessary.

c. A processing fee of $25 shall be submitted to the depart

ment with each request for an extension.

d. Within IC) working days after receiving a request for an

extension add the processing fee, the department shall grant ordeny the request based on all facts available to the department.

e. An extension may be granted by the departsnent if the

extension does not present a serious and it.nmediate threat to a

child under age 6 years. Each extension sl.iall be unique to the particular situation for which the extension is granted and may notexceed 40 working days per extension.

f. Any extension denied by the department may be appealed

under s. DHS 163.33.

Note: Submit any extension request to the Asbestos and Lead Section, Bureau of

Occupational Health. Room 37, I West viison Street. P.O. Box 2659, Madison. WI53701--2659; entail “nlieasheatosIeadatdits,-*isconsin.aov” ph. 608-26t -6R76;fax 608-266-9711.

(e) Ensure approDriàte certification. 1. When a property

owner requests or allows an abatement or lead investigation activ

ity to be conducted, the property owner shall ensure that persons

conducting the abatement or lead investigation activity are appro

priately certifled when certification is required under ss. D,HS

163.10 and 163.12. —- 2. When a property owner requests or allows a non abate

ment lead—based paint activity to be conducted, the propertyowner shall inform persons conducting the activity that the activ

ity involves registered lead—safe property and shall ensure that

persons conducting the non abatement lead based paint activity

are approprJately certified when certification is required under a.DHS ‘163.43.

3. When a lead investigation, abatement or non abatement

lead--based paint activity is conducted by a property owner or the

property owner’s agent or employee, the property owner shall

p

p

y 

pant received the property owner’s written rules prohibiting theoccupant from disturbing paint and performing lead—-based paint

activities on the property witl.tout certification.

c. The property owner’s written rules for the property were

posted where the occupant should reasonably have been expected

to see the prohibition and the rules prohibtt the occupant from dis

turbing paint and performing lead--based paint activities on the

property without certiflcation.

(f) Follow workpractice standards. I. When a property owner

requests or allows a non—abatement lead—based paint activity to

be conducted, the property owner shall inform persons conduct

ing the activity that they are required to comply with lead—safe

work practices under s. DHS 163.44 because the property is cov

ered by a certificate of lead--safe status.

2. When a non—abaterne.t.tt lead—based paint activity is con

ductecl by a property owner or the property owner’s agent oremployee, the property owner shall ensure compliance with lead--safe work practice-s under s. .DHS 163.44.

3. Under this paragraph, a property owner is deemed to not

allow the occupant to conduct the activity under any ofthe following circumstax.I.ces-:

a. When tile property owner can demonstrate that the occu

pant received a written rental agreement that prohibits the occupant fro.tn disturbing paint and perfonnin.g lead—based paint activ

ities on the property without certification.

b. When the property owner can demonstrate that the occu

pant received the property owner’s written rules prohibiting the

occupant from disturbing paint and performing lead—based paintactivities on the property without certification.

c. The property owner’s written rules for the property were

posted here the occupant should reasonably have been expected

to see the prohibition and the rules prohibit the occupant from disturbing paint and performing lead—based paint activities on the

property without certification.

(g) C’onth,ct clearance. 1. When a property owner requests

or allows a non--abatement lead--based paint activity to be con

ducted, the property owner shall ensure that clearance is conducted as required under s. DIES 163.44 (3) (b).

2. Under this paragraph, a property owner is deemed to not

allow the occupar.It to conduct the activity under any ofthe follow

ing circumstances:

a. When the property owner can demonstrate that the occu

pant received a written rental agreement that prohibits the occupant from disturbing paint and performing lead--based paint activities on the property without certification.

b. When rite property owner can demonstrate that the occu

pant received the property owner’s written. rules prohibiting the

occupant from disturbing paint and performing lead based paintactivities on the property without certification.

c. The property owner’s written rules for the property were

posted where the occupant should reasonably have been expectedto see the prohihttion and tile rules prohibit the occupant from dis

turbing paint and performing lead based paint activities on theproperty without certification.

(is) Maintain documentation.

A property- owner shall ensure

that the following documentation is maintained for a minimum of

Register, January, 2009, No. 637
d

sc

osu

e 

q

Part 745, the seller or lessor of residential property must disclose the existence of any

available records or reports pertaining to lead—based paint and lead—based paint haz

ards and provide the purchaser or lessee with any of these records or reports that areavailable to she seller or lessor.

(4) Ai’r’LlcA:rtoNs FOR CERTIFICATES OF LESS- Tt’tA’N 12 MONfl-tS.

Unless exempted by statute, a person may only apply for certificates of lead—safe status of less than 12 months for the identical

premises as follows;

(a)

A person may apply for no more than 2 successive certifi

cates of lead-—safe status that have a duration of less than 12

months and, if again applying for a certificate of lead—safe status,

shall apply for a certificate that has a duration of 12 months or

more.

(b)

A person under par. (a) shall, if applying for a certificate

of lead—safe status that is in addition to the certificates specifiedin par. (a) and that has a duration of less than 12 months, provide

the department with the reason why a certificate of less than 12mouths’ duration is needed.

(c)

A person under pars. (a) and (b) shall, if applying for a cer

tificate of lead-safe status that is in addition to the certificates spe

cified in pars. (a) and (b) and that has a duration of less than 12

months, provide the department with clear and convincing evidence of why a certificate of less than. 1.2 months’ duration is

needed.

(5) REvocvrtoN. Ifthe department provides written notice of

revocation, the grounds for revocation and an explanation of theprocess under s. DHS 163.33 for appealing a revocation not lessthan 30 days before the date of the revocation, and the violation

on which the revocation is based remains substantially uncorrected at the end ofthe 30—day notice period, the department mayrevoke a certificate of lead--safe status for any of the following

reasons:

(a) The property owner or property owner’s employee or agent

obtained the certificate by fraud.

(b) The dwelling, dweliin.g unit, child—occupied facility or

other premises is not flee of lead--based paint hazards, as deter

mined by sampling conducted using documented methodologies.

(c) The certificate was issued in error.

(d) The property owner or property owner’s employee or agent

violated a condition under sub. (3.) for maintaining the certificate

of lead—safe status.

(e) The property owner or property owner’s employee or agent

created a lead--based painr hazard.

(f he property owner or property owner’s employee or agent

violated another state, local or federal statute, ordinance, rule or

regulation relating to lead—based paint at the registered lead—safeproperty.

(g) The lead—safe investigation does not support that the prop

erty meets the registered lead--safe property standards under sub.

(I) because the lead—safe investigation protocol under sub. (2)

was not followed in determining that the property met the regis

tered lead—safe property standards and a subsequent lead—safeinvestigation did not veri’ that the property met the lead—safe

standards.

Note: When a property owner is nolsfted of a prot,len: with -a lead--safe irsvestitss’

tics, the properly owner may is’.s.t a certified lead company to conduct snow lead—safemvest,gatson to verity that the property was. in lad, eligible for the lead—sate crOftcaIn. If the prrspertv owner suhm:rs the investigation report fer the new lead-safe

a lead--safe worker, lead abatement worker or lead abatementsupervisor may perform a non—abatement lead—based paint activity on registered lead—safe property.

Note: Foe persona perfonsaing lead--based paint activities that are intended ro nor

mastently reduce a lead--- based pains hazard, abatement certification resuiremerits andwork practice standards under sebch. Ii apply. Certification is rot required when the

paint has been netted under -s. 01-iS 163.4tl (2) (c) and found to be lead—-free.

(2) Exctu”rtoN-s to CItR’l’IFiCAriON RtIQ1.ilitttMENTS. (a) Certifi

cation is not required when all activities are within -the scope of a

license, certification, or registration issued to the individual by the

department of commerce under s. 101.178, 101.87, Stats., or cit.

145, Stats.

(b) Certification is not required when a non—abatement lead—

based paint activity is performed by a person who is not the propcity owner or the property owner’s agent or employee and the onlyactivities performed involve installation, maintenance or repair of

wiring, cables or components ofthe dwelling’s security, electrical,

heating, plumbing or cooling systems.

(c) Certification is not required when non—abatement lead—

based paint activities are performed that meet all ofthe following

criteria:

1. The total amount of paint to be disturbed during any one

project, such as all activities conducted in response to a visualinspection or notification of a potential lead—based paint hazard,

is equal to or less than 2 square feet when all paint to he disturbed

in all dwelling units and common areas involved in the project areadded together, including all paint disturbed when tile project is

conducted as a series of small jobs.

2. The activities are performed by a person who is not the

property owner or the property owner’s agent or employee.

3. The activities are conducted in compliance with applicable

lead--safe work practice standards under s. DHS 163.44.

4. The activities do not involve any ofthe following activities,

including the setup, cleanup, and preparation ofwaste for disposal

associated with these activities;

a. Abrasive blasting, including sandblasting.

b. Machine sanding, grinding or planing.

c. Pressure water blasting or hydrobiasting.

(d) Certification is not required when non--abatement lead----

based paint activities are performed by the property owner on reg

istered lead—safe property if all of the following apply:

I. The certificate of lead--safe status includes a statement that

the certificate of lead--safe status was obtained solely to comply

with s.DHS 163.40 (2).

2. The property is a dwelling occupied solely by the property

owner and the property owner’s immediate fantiiy.

3. The property owner was given instruction in lead—safe

work practices by a public health, agency, government housing

agency or an approved training provider.

Note: Lead—-safe work practices always apply. Completion 01’ at least the 8--hour

lead—ssfe work ctturoe is highly recommended to help cnmpiy with the applicable

work practices standards under a. 01-iS 163.44.

(e) Certification is not required when an occupant repairs nail

holes at the end of tenancy and all ofthe following apply:

I. The total amount of paint to be disturbed during the repair

of nail holes in the occupant’s unit is equal to or less than 2 square

feet.

Register January, 2009, No. 637
1. A course accredited under this chapter that consists of a

minimum of 8 hours of instruction on lead—safe work practices,

including a lead—safe work course or lead abatement worker

course.

2.

A lead—safe work, maintenance or renovation course or a

lead abatement course that meets all of the following conditions:

a. Consists of a. minimum of 8 hours oflead safe instruction.

b. is approved by the department on the basis that the course

was accredited or approved by EPA, by a state or tribal program

under EPA authorization or. when allowed under -federal regula

tions, by 1-IUD.

c. Provides reasonable assurance that upon completion of the

course students will be able to perform non—abatement lead—

basd paint activities in a lead—safe manner.

d. I-f completed in this state, the course was completed prior

to January 1,2002.

(C) Submit an application for certification under sub. (4).

(4) APPLIc;ATION FOR CERTIFICAFION OF A LEAD--SAFE WORKER.

Except as provided under par. (e). an individual applying for lead—

safe worker certification shall submit all of the following to the

department:

(a)

A folly and accurately completed application on a form

obtained from the department. The applicant shall include theapplicant’s social security number on the application and shall

personally sign the application affidavit verifiring the accuracy of

the information.

(b)

A citarly identifiable photograph of the applicant’s face in a standard passport size measuring 2 inches by 2 inches, taken

within the:previous 24 months.

(C) A.training certificate issued by the training provider that

documents completion of training required under sub. (3) (b).

(d)

A $50 certification fee.

(e) An applicant is not required to submit items under pars. (b)

and (c) when these items are submitted directly to the department

by the provider of the training completed by the applicant.

Note: A lead certitleation application form may he obtained from and submitted

to the Asbestos and Lcad Section. Bureau of Occupational 1-tealth. Room 37, I West

ilot Sr t 10 r3x26Q Madis.n t.1 u e65’s e nial pjabsn..

Iced tdla,,aduu1us pa 608 261 5o L.a oOS

6 ‘- II or o cot tiding

the Asbestos and Lead Section fr information about ether tocatiors where applies.Slims may be submitted.

(5) AcTION BY THE DEPARTMENT. (a) Timing. Within 10 work

ing days after receipt of a fully and accurately completed certifica

tion. application, the department shall grant or deny certification.

(b) Grant cecfi/ication. If an individual applies for certifica

tion and meets all of the applicable condttions ibr certification

under sub. (3). the department may grant certification. When cer

tification is granted, the department shall issue or arrange for the

issuance of a lead—safe worker certiftcatio.n card.

(c) Deny certification. If certification is denied, the depart

ment shall give the applicant a written explanation for the denial

and shall notify the applicant of the right to appeal that decision

under s. DI-IS 163.33.

(6) LENGTH OF CERTIFICATION. Certification as. a lead--safe

worker is valid until revoked or suspended under subch. IV

(7) OPrI0NAL CEWtFtCArtON OF A t.EAD---SAFE COMPANY. (a)

Optional certification for listing in directory

A person may apply

for certification as a lead—safe company that perfotins lead—safe

form or supervise non—abatement lead—based paint activities

when certification is required by any of the following:

a. This chapter.

b. Terms of a contract.

c. An order issued by a government agency.

d. Another local, state or federal statute, ordinance, rule or

regulation.

3. ‘Follow work practice -standards.’ Agree that all lead--safe

company employees or subcontractors will he required to follow

the applicable work practice standards under s. 01-IS 163.44 whencertification is required under subd. 2.

History: CR 00—172: cc. RegisterFebruarv 2002 No. 354, eff. 3-1-02.

DHS 163.44 Work practice standards for non—

abatement lead—based paint activities. (1) GENERAL

REQUIREMENTS. (a) Applicabiiirm ofwork practice standards. Allpersons conducting non—abatement lead—based paint activities on

registered lead—safe property shall comply with work practice

standards under subs. (I) and (2), without regard to the certifica

tion status of the person performing the activity or the amount of

lead—-based paint involved in the activity. Additional work prac

tice standards under sub. (3) apply when certification is required

under s. DHS 163.43.

Note: Refer 1-0 5. OtiS 163.14 tar work poictice standards that apply to abatement.

(b) Requirementfor compliance. All non--abatement lead-—

based paint activities shall be conducted in a nianrier that complies

with applicable federal, state and local government requirements.

Note: Refer to Appendix A for ini’ormatios on obtaining applicable fedeiI. state

and icai government requirements. EPA regulations under 40 CFR Part 745 Subpart E require a contractor to provide r,re—renovannn education material to occupants

prior to irost lead—based paint activities, other than abatement that disturb more than 2 sciusre feet.

(c) Requirement for occupant proectioti. Documented meth

odologies and the following work practice requirements shall be

used to protect occupants when a non—-abatement lead—based

paint activity is performed:

I. ‘Preventing distribution of dust and debris.’ Measures

shall be taken to prevent the distribution of dust and debris outside

the work area and, ifthe activity disturbs snore than 2 square feet

of paint, the work area shall be demarcated with signs, tape or

plastic sheeting or work shall be conducted in the containment.

Note: Under sub. (3) (d), containment is required to pertains some non---aoasement

lead—based paint activities that involve restricted work practices.

2. Resttic-ted access.’ When certification is required, uncer

tified persons shall he kept out of the work area where paint is dis

turbed. When certification is not required, only certified persons

and the person performing the non—abatement lead--based paintactivity shall be in I.he work area. For non—abatement lead—based

paint activities ehatdo not require clearance, the work area shallbe cleaned and shall pass a visual inspection under par. (e) before

uncertified individuals are allowed inside the wotic area.

Note: Note: Refer ta sub. (3) Ccl for access restrictions that apply when elcarance

is requirett.

3. Protective measures.’ Measures shall be taken to protect

personal property from contamination ly dust and debris.

Note: For documented methodologies that may be followed to protect occupants.

refer to Appendix H for ChapterS lHUD’s “Guidelines for the Evaluation and Con’

aol of Lead—Eased Paint l-iozurdsT

(d) Requiremc’nrfdr lead ruth tvork practices. Documented

methodologies shall be used to conduct work in a lead--safe man

ner that does not create lead—based paint hazards to the occupants

Rrgistet; .Tasuary. :toog. No. 637
Note: For documented nethodotogies that nay be followed to clean sp the work

area, reFer to Appendix C ICr Chapter 4 of l-IUDs “Guidelines for the Evaluationand Control of L.ead---ltased Paint Hazards’.

(i Requirernen for a visual inspection. Following cleanup of

the work area, the property owner shall ensure that a visual inspection is conducted to verify that any dust, debris or paint chipscreated by the activity have been removed and tl.sat the visualinspection is passed before general access to the area is allowed.

Note: Refer to sub. (3) for clearance rmiuirements thai apply when more than 2

square feet of paint are disturbed during a non—abatement lead—based paint activity.

(g) Requirementfor management ofwastewaiec air emissions

and solid waste. 1. Discharge ofwastewater shall be managed inaccordance with cbs. NI 105, 106 and 200 to 299,

2. Air emissions shall be managed in accordance with chs. NE

404, 415, 429 and 445.

3. After a lead based paint activity is conducted, all lead

based paint ddbds and waste shall be managed in accordance with

chs. NR 500 to 538 and 660 to 679.

Note: Refer to Appendix 1) for guidance from the Department of Natural

Resources on managing lead—based paint under their regulations.

(2) Pitoi-nisrrao WORK PRACTICES. All of the following work

practices are prohibited when performing non—abatement lead—-

based paint activities on registered lead—safe property:

(a) Uncontained abrasive blasting or uncontained sandblast

ing.

(b) Machine sanding, grinding or planing without a properly

operating HEPA—flitered exhaust control.

(c) Manual dry scraping, satiding or planing of more than 2

square feet of paint.

(d) Using chemical paint strippers containing methylene chlo

ride.

fe) Uncontained high—pressure water blasting or uncontai:ed

hydroblasting.

(t) Open—flame burning, torching or charring of paint.(g) Using a heat gun on paint when the heat gun operates at or

above IIOOC F.

h) Using a vacuum that does not have a properly operating

HEPA filter when cleaning up dust, debris or paint chips associ

ated with a non—abatement lead—based paint activity.

(i) Dty sweeping dust, debris or paint chips associated with a

non—abatement lead—based paint activity.

(3) AoorrioyA.t, WORK PRACTICE STAND.&RD5 WHF.N CERTIFiCA

TION IS REQUiRED. (a) Applicability. When certification isrequired under s. DFIS 163.43, certified persons conducting non-—

abatement lead—based paint activities shall comply with work

practice standards under this subsection and subs. (I) and (2).

(b) Requirement frr clearance. 1. ‘When clearance is

required.’ After a non—abatement lead—based paint activity, clear

ance shall be conducted to verify the registered lead safe property

has been returned to a lead—safe status when either ofthe follow

ing applies:

a. More than 2 square feet of paint is disturbed.b. The use of one of the following restricted work practices

under par. (ci) is involved: abrasive blasting, sandblasting:

machine chipping, machine grinding, machine planing, machinesanding, paint stripping, pressure washing, removing componentsor using a heat gun.

3. Fctilowing a non

abatement lead

based paint activity that

involves a restricted work practice under par. (d) I. or 2., clearanceshall be achieved before uncertified individuals are allowed inside

the work area.

(d) Restricted work practices. I. ‘Abrasive blasting or sandblasting.’ When abrasive blasting or sandblasting ofpaint is con

ducted, all ofthe following apply:

a. The person conducting the activity shall be certified in a

lead abatement discipline, or shall be certified as a lead—safe

worker, shall have completed lead abatement worker training to

learn how to properly perform this activity in a lead--safe manner,

and shall have filed with the department proof of training••in the

form of a course completion certificate.

h.Access of uncertified persons to the work area shall be pro

hibited unti.l clearance is achieved.

c. Containmet.it shall be used to isolate areas where paint is

being disturbed from the rest ofthe property.

2. ‘Machine chipping, grinding, planing or sanding.’ When

machine cl.npping, machine grinding, machine planing ormachine sanding of paint is conducted, all ofthe following apply:

a. The person conducting tile activity shall be certified in a

lead abatement discipline, or shall be certified as a lead—safe

worker, shall have completed lead abatement worker training to

learn how to properly perform this activity in a lead--safe maimer,

and shall have filed with. tile department proof of training in theform of a course completion certificate.

b. Access of uncertified persons to the work area shall be pro

hibited until clearance is achieved.

c. Engineering controls shall be used that contain the dust and

debris and that include the use of a properly operating HEPA---fil

tered exhaust control, such as a shrouded power tool attached toa .1-fEPA vacuum.

d. Coistainment shall be used for interior work to isolate areas

where paint is being disturbed from the rest of the property.

3. ‘Paint stripping.’ When chemical paint stripping is con

ducted, tile manufacturer’s directions shall be followed and thechemical strippers may not contain methylene chloride.

Note: Using a c-hrmical paint stripper to remove lead—based paint from a Compo

nent may force lead into the substrate. Lead--safe work practices should be used whenabrading a component from which lead--based paint has been chemically Stripped.

4. ‘Power washing.’ When power wasiting of paint is con

ducted, all of the following apply:

a. The person conducting the power washing shall know how

to perform this activity in a lead safe manner.

b.

A containment system shall be used to prevent the wastes

generated from contaminating soils or surface waters or frombhcunling airborne and dispersing. The paint chips and other solid

residues shall be separated from the water, collected and properlyrhanaged.

Noes: Some local governments prohibit power washin. OSt-IA and DNR also

have regulations that apply to power washing.

5. ‘Removing components.’ When more than 2 square feet

of paint is disturbed during -tile removal of any interior painted

component, excluding removal of painted: trim that is not part ofa window system or part of a door system, containment shall beused to isolate areas -where paint is being disturbed from the restof the property.

Register, January, 2009. No. 637
casings. itarnes orjarnbs: renatsving coop ceilings; retnosilig wall—to--wall carpet; scraping paint.

(e) Occupant protection plansJbr restricted work practices.

1. ‘Requirement for written occupant protection plan.’ Before

starting a non--abatement lead--based paint activity that is subject

to restricted work practices, a certified person shall prepare a writ

ten occupant protection plan on a form obtained from the depart

ment. The occupant protection plan shall describe the measures

and management procedures that will be taken during the activity

to protect occupants from exposure to lead--based paint hazards.The occupant protection plan shall be followed and kept at the job

site for viewing by interested persons.

2. ‘Requirement to submit occupant protection plan.’ To

notii°y the department of the intent to conduct a non--abatement

lead—based paint activity thai is subject to restricted work prac

tices, the certified person shall submit a copy of the occupant

protection plan to the department for receipt’to earlier than 60 cal

endar days and no later than 2 working days before the start oftheactivity.

3. ‘Requirement to distribute occupant protection plan.’ a.

When an activity involves restricted work practices used in com

dwelling unit involved in the activity no earlier than 60 calendar

days and no later than. 2 working days before starting the activityand shall document delivery by oetaimng the recipient’s signa

ture. When an occupant is unavailable or unwilling to sign a con

firmation ofreceipt ofthe plan, the person delivering the plan ntay

self--certify delivery.

c. When the activity is not performed by the property owner

or the property owner’s agent or employee, the certified personshall deliver a copy ofthe occupant protection plan to the property

owner or the property owner’s agent or employee and shall docu

Inent delivery by obtaining the recipient’s signature.

d. When the occupant protection plan is delivered via mail.

the certified person shall mail the plan at least 7 days before thestart ofthe activity and shall document delivery by a certificate of

mailing from the post office.

Note: The pre—renovatjnn disclosure materials required by EPA regulations under 40 CFR 745.80 may be distributed togethcr with the occupant protection plait. To

rerstest a copy of die Depai-tmet:fa occupant protection plan forte or to submit acorn.

pieted form, eonract tIre Asbestos and Lead Section, Bureau of Occupational Health,

Room 137, 1 W. Wilson St.. P.O. Box 2659. Madison, WI 5370l--2659; e—mail “gih bestoggadgtdsg,.sh,gov”: pit. 608- 261—6876; or fax 605—266—971i.

History: CR 00—i 72: cr Register February 2002 No. 554, alL 3—1—02; correction

in (1) (g3. made under s. 13.92 (4) (b) 7.. Stats.. Rester January 2099 No. 637.

Begister,Jartuury, DISH, No. (‘37