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DHS 163.10 (1) (c) 3., 163.13 (3). (4) and (7), and 163.14 (1) (c) 1.; to amend DHS 163.01 (2) and (3),

163.02 (1) (a) and (c) and (2) and (title), 163.03 (1) (a) 3. and (b) 5.. (5), (10), (13) (intro.) and (a) to (c),

(14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100), (114) (a), Subchapter

II (title), 163.10 (1) (intro.), (b) and (c) (intro.) and 1., (2) (intro.), (a) 1. and 2. and (b) 1., (3) (a) 1. and

(c) 2. a., (5) (1) 2., (7) (b) 2. (intro.) and (8) (b) 3., (c) 4., and (e) 1. and 2., 163.11 (intro.), (2) (a) 1., (3)(a) 1. (intro.), a. andb. and 2. b. and (b) (title) and 2. a., 163.12 (title), (1) (b) (2) (intro.), (c) and (d)

(intro.), 1. and 2., (3) (a) (title), 1. (intro.) and a. to d., f. and g., (b) (intro.), (4) (b) and (c), (5) (title) and

(intro.), and (6) (a) 1., (b) 1. to 3. and (c), 163.13 (title), (1), (2), (5) (intro.), (a) and (b), (6) (b) 1. and 2.a. to c., (7) (title), and (9), 163.14 (5) (a) 1. to 3., (b) 1. and 2., and (c) 3. a. , 4. a., 8. (intro.), and 10.

(title), (intro.) and c. to e., 163.20 (1), (2), (5), (8) (a) (intro.) and 1. (title) and (intro.), 2. (title) and(intro.), (b) 1. j., k., o. and p., (c) 7. and (h) 3., and (9) (a), (b), and (c) 3. and 4., 163.21 (intro.), (3) (c),

and (5), 163.22 (4) (b), 163.23 (3) (a) and (d), 163.24 (2) (a) (intro.), (3) (a) 2. (intro.), a. to c. and 3. a.to c. , and (b) 5. and 7. a. to c., 163.25 (3) (a), (b) 2. to 4., (c) 2., and (d), (5), (7) (intro.) and (e), (10) (b)

1., and (11) (b) 4.. 6. and 9., 163.30 (1) and (2), 163.31 (1), (2) (d) and (h), (4) (intro.), (L) and (n), (5)

(b), and (6) (a) 3., 163.32 (intro.) and (3) (intro.), 163.40 (1) and (2) (c) 2. , 3. b. and 5. a., 163.41 (2) (a)2. d., 163.42 (2) (a) 2. d. and (3) (e) 1. to 3., (f) 1. and 3. a. to c. and (g) 1., Appendix A, Appendix B(title), Appendix C (title), Appendix H (title), Appendix I (title); to repeal and recreate DHS 163.03

(53), (82) and (83), 163.100) (c) 2., 163.12 (6) (a) (intro.), 163.14 (5) (b) 3., and 163.20 (8) (a) l.a. to

zf. and (b) 1. n. and t.; and to create DHS 163.03 (13g) and (13r), (22m), (3lrn), (40m), (58m), (85m),(88m), (96m), (lOOm), (114) (am), (1 14g) and (1 14r), 163.10 (1) (bm), (d) (intro.) and 2. to 5., (2) (c),

(5) (g) 1. gm., (8) (c) 4. gm., 163.11 (2) (c) and (3) (b) 3., 163.12 (1) (am, (Im), (2) (cm) and (3) (a) 1.am., 163.13 (3) (a) 1. to 3., (b) and (c), (4) (b), (7) (b) and (c) and (10) to (12), 163.14 (5) (b) 4. to 6.,(10) and (11), 163.16, 163.20 (4) (d), (8) (a) 1. zg. to zu., (b) 1. Lm., w., x. and y., (c) 8., (9) (a) 1. to 4.,

(am), (c) 8m., 163.21 (1) (b), andl 63.31 (2) (L) and (3) (c), relating to requirements for conducting leadsafe renovation activities in pre-1978 housing and child-occupied facilities, and affecting small

businesses.

FINDING OF EMERGENCY

The Department of Health Services (department) finds that an emergency exists and that the adoption ofan emergency rule is necessary for the continuity of regulations relating to lead hazard exposure in

Wisconsin. The facts constituting the emergency are as follows:

Under ch. DHS 163, the department, as Wisconsin’s public health agency, regulates lead hazard

reduction and lead management activities in pre-1978 housing (target housing) and child-occupied

facilities. The rules include standards for certification of individuals and companies conducting these

activities, accreditation of lead training courses and approval of instructors, and work practices. In

addition to the department’s authority under cbs. 250 and 254, Stats., to regulate lead hazards, the
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properly trained, and follow specific work practices to prevent lead contamination. The EPA will begin

accepting applications for certification from individuals and companies on October 22, 2009.States that promulgate rules that conform to the EPA standards on or before October 22, 2009, may

accept applications for certification in lieu ofthe EPA. Otherwise, on October 22, 2009, the EPA will

begin accepting these applications and the associated fees from Wisconsin companies and individuals.

Such an occurrence may cause confusion among the regulated community and property owners, and

would impede the department’s ability to continue to administer a viable lead hazard reduction program

if covered persons begin complying with the EPA certification requirements before state requirementsare implemented. Promulgating rules before October 22, 2009, will help to avoid any unnecessarycomplexity for covered persons that maybe caused by overlapping state and federal regulations thataddress lead-based paint hazards in target housing and child-occupied facilities.

SUMMARY OF RULES

Analysis Prepared by the Department of Health Services

Statutes interpreted: Wis. Stat. § 254.172 (1) Stats.Statutory authority: Wis. Stat. § 250.04 (7), 250.041, 254.115, 254.15, 254.167, 254.172, 254.176(1) and (3), 254.178 (2) and 254.179, Stats.

Explanation of agency authority:

1. Wis. Stat. § 227.11(2) (a) provides state agencies with general rulemaking authority to

promulgate rules interpreting the provisions of any statute enforced or administered by the

agency ifthe agency considers it necessary to effectuate the purpose ofthe statute.

2. Wis. Stat. § 250.04 (7) authorizes fines of $10 to $100 for violations of rules promulgated by

department related to any matter under its supervision that are necessary to provide efficientadministration and to protect health. This includes lead hazard reduction.

3. Wis. Stat. § 250.041 authorizes the department to issue, deny or suspend certifications under

Wis. Stat. § 254.176 for a person who performs lead hazard reduction or a lead managementactivity, or who supervises these activities.

4. Wis. Stat. § 254.172 authorizes the department to promulgate rules governing lead hazard

reduction that it determines are consistent with federal law.
any training required.

6. Wis. Stat. § 254.15 directs the department to develop and implement a comprehensive statewide

lead poisoning or lead exposure and treatment program that includes rules for lead hazard

reduction requirements, and related certification, accreditation and approval requirements. Wis.

Stat. § 254.115 authorizes the denial, nonrenewal and revocation of a certification in specified

circumstances.

7. Wis. Stat. § 254.167 authorizes the department to promulgate rules to specify procedures for

investigating, testing or sampling painted, varnished or other finished surfaces that may contain

lead.

8. Wis. Stat. § 254.178 directs the department to promulgate rules establishing requirements for

accreditation of lead training courses and approval of lead instructors.

9. Wis. Stat. § 254.179 directs the department to promulgate rules to establish the standards for a

premises, dwelling or dwelling unit to be issued a certificate of lead-free status.

Related statute or rule: Chs. NR 404, 415, 429, 445, 500 to 538, and 660 to 679; Wis. Stat. ch. 145;

and Wis. Stat. § 101.178, Stats.

Plalu language analysis:

The rules under this order require individuals, companies, and government agencies who perform or

offer to perform renovation activities to be certified by the department, be trained and have appropriately

trained staff, to distribute renovation information, keep records, and to follow the appropriate work

practices when conducting renovation activities in dwellings constructed prior to 1978 (target housing)

and child-occupied facilities, including common areas, constructed before 1978 that provide child careservices, preschools, or public or private schools. The rules also require that training providers

implement training course curriculum for renovation training and receive renovation training course

accreditation from the department before offering renovation training courses and that course instructors

meet the qualifications and receive approval before teaching renovation training courses.

The rules promulgated under this order are similar to the requirements under 40 § CFR 745.80 to 745.91 and 745.225, the EPA requirements for training, certification, work practices and recordkeeping

to perform renovation activities, except that unlike current EPA regulation, 40 CFR § 745.82 (c), the rules under this order do not permit a property owner to exempt a contractor from following work

practice requirements by signing an acknowledgement that no pregnant woman or child under age 6

resides in the dwelling. The department determined not to include a similar provision in this order in
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who entered the Wisconsin

school system in the fall of 2006 was known to have been lead poisoned. The rules promulgated under

this order are intended to minimize exposure to lead-based paint hazards created during renovation,

repair, and painting activities in target housing and child-occupied facilities.

Summary of, and comparison with, existing or proposed federal regulations:

40 CFR § 745.80 to 745.91, Subpart E, relating to residential property renovation establishes

requirements for performing renovation activities in residential dwellings and child-occupied facilities,including training ofrenovators and dust sampling technicians, certification of renovators, dust sampling

technicians and renovation firms, provision of pre-renovation information to owners and occupants,

renovation work practices, and recordkeeping.40 CFR § 745.225, Subpart L, relating to accreditation oftraining programs establishes accreditation

requirements for training courses that renovators and dust sampling technicians must complete for

certification, including curriculum contents and the application and approval process for courses.

The department’s rules under ch. DHS 163 are consistent with the EPA requirements under 40 CFR §745.80 to 745.91 and 745.225, and meet the requirements for EPA authorization under 40 CFR §745.320 to 329 to implement and enforce the renovation, repair and painting requirements in Wisconsin

in lieu of the EPA enforcing federal regulations in Wisconsin.

Comparison with rules in adjacent states:

Illinois: Illinois does not have a lead renovator rule but is in the early study phase for regulatory

development, including reviewing statutory authority and rulemaking options. A final renovation rule is

expected sometime in late 2011.

Iowa: Iowa has a rule that requires pre-renovation education (lead renovation information distributionto owners/occupants), which is one subsection ofthe EPA renovation rule under 40 CFR 745 Subpart E.Iowa is in the final stages of fill renovation rule development and plans to have an emergency

renovation rule published by November 18, 2009.

Michigan: Michigan does not have a lead renovator rule but is in the early stages of developing a

renovator nile.

Minnesota: Minnesota recently received legislative approval through a statutory change to develop a

renovator rule that is consistent with the federal renovator rule and is just starting the rule-makingprocess as of August 2009 with the goal to publish a final rule before the end of 2010.

Summary of factual data and analytical methodologies:
Program, March 1, 2008 (Document ID EPA-HQ-OPPT-2005).

• The EPA’s “Economic Analysis for the TSCA Lead Renovation, Repair and Painting Program

Final Rule for Target Housing and Child-Occupied Facilities”, March 2008.

• Letter dated May 5, 2008, from the US. Government Accountability Office, Associate General

Counsel Robert J. Cramer, to the U.S. Senate Committee on Environment and Public Works and

the U.S. House of Representatives Committee on Energy and Commerce reporting on “a major

rule promulgated by the [EPA)”.

• Criteria adopted by the department and approved by the Wisconsin Small Business Regulatory

Review Board to determine whether the department’s proposed rules would have a significant

economic impact on a substantial number ofsmall businesses. Pursuant to the department’s

criteria, a proposed rule would have a significant economic impact on a substantial number of

small businesses if at least 10% of the businesses affected by the proposed rules are small

businesses and if operating expenditures, including annualized capital expenditures, increase bymore than the prior year’s consumer price index or revenues are reduced by more than the prior

year’s consumer price index. For the purposes of this rulemaking, 2008 is the index year. Theconsumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics

and for 2008 is 3.8 percent.

• The 2002 Economic Census —Geographic Series (Wisconsin), which is compiled by the U.S.

Census Bureau every 5 years for each year ending in “2” and “7” and contains the latest

available economic data compiled on businesses located in Wisconsin. (The U.S. CensusBureau’s data release schedule for the 2007 Economic Census —Geographic Series is November

2009-July 2010.)

• Section 227.114 (1) (a), Stats., which defines “small business” as a business

entity, including its affiliates, which is independently owned and operated and not

dominant in its field, and which employees 25 or fewer full-time employees or

which has gross annual sales of less than $5,000,000.

• Under ss. 227.13 and 254.174, Stats., the department established and met with a lead technical

advisory committee (LTAC) to review and advise the department on the rule revisions. The

LTAC includes representatives ofthe renovation industry, rental housing industry, school

districts, local health departments, local housing and community development agencies, nonprofits that assist homeowners, tribal programs, daycares and other state agencies.

Represented groups included:
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9. Department of Administration, Division of Energy Services (weatherization funding)

10. School Districts: Milwaukee and Racine11. Local Health Departments: Milwaukee and MadisonlDane County

12. Local Housing Agencies: Chippewa County Housing Authority, Waukesha Community

Development and City of Sheboygan Building Inspection

13. Department of Commerce, Division ofHousing and Division of Safety & Buildings

14. Department of Children and Families, Division of Early Care and Education15. Department of Health Services, Childhood Lead Poisoning Prevention Program and Medical

Officer

LTAC members reviewed the EPA regulations and the department’s conceptual language for

revisions to ch. DHS 163, including definitions, certification requirements, work practice and

recordkeeping responsibilities, and training course requirements. The department fullyconsidered comments and advice from the LTAC when developing the rule revisions.

Analysis and supporting documents used to determine effect on small business:

Small businesses affected by the rule

A business is considered a small business if it is a business entity, including its affiliates, which isindependently owned and operated and not dominant in its field, and which employees 25 or fewer

full-time employees or which has gross annual sales of less than $5,000,000. As indicated by the

revenue and employee information provided by the 2002 U.S. Economic Census for Wisconsin,

stated below, it is likely that a majority ofthe businesses affected by the rule are small businesses asdefined under Wis. Stat. § 227.114 (1) (a).

The department conservatively estimates that at least 15,000 businesses will be affected by this rule,including contractors and trades (such as painters, electricians, plumbers, HVAC, siders and

roofers); private schools, child care and preschool providers; and rental property owners and

property management companies. This information is based on approximately 10,000 dwelling

contractors certified by the department of commerce in Wisconsin, approximately 2,000 other trades,an estimated 3,000 rental property owners and managers of pre-1978 housing units and estimated

1,200 daycares and preschools in pre-1978 facilities.
contractors, maintenance, and repair work)

operative of houses and other residential

remode]ers, buildings (single-family andremodeling design- multifamily).build firms, and

remodeling project

construction

management finns

23611 Residential 4,003 $4,146,381,000 19,073 Yes . . Constnicnon or remodeling Builthng . and renovation ofsingle- Construction family and multifamily

residential buildings. Included

in this industry are residentialhousing genera] contractors(i.e., new construction,

remodeling or renovating

existing residential

structures), operative builders

and rernodelers nf residentialstructures, residential projectconstruction management

firms, and residential designbuild firms.

23813 Framing Structural framing and 430 5196,482,000 2,464 Yes

, Contractors sheathing using materials

other than structural steel orconcrete new work, additions,

alterations, maintenance, andrepairs.

23816 Roofing Roofing. This industry also 709 $501,773,000 4,958 Yes

Contractors includes establishments

treating roofs (i.e., spraying,

painting, or coating) and

installing skylights. The work

performed may include new

work, additions, alterations,

maintenance, and repairs.

23817 Siding Contractors [nstalling siding of wood, 395 $148,778,000 1,877 Yes

aluminum, vinyl or otherexterior finish material

(except brick, stone, stucco, or I

curtain wall). This industry

r also includes establishments

installing gutters and

downspouts. The workperformed may include new

I work, additions, alterations,

maintenance, and repairs.

236150 Glass and Glazing Installing glass panes In 47 SI 14,996,000 808 Yes

Contractnrs prepared_openings_(i.e.,
work, additions, alterations,

maintenance,_and_repairs.

23822 Plumbing, Installing and servicing 1,839 $2,643,604,000 20,425 Yes

Heating, and Air- plumbing, heating, and airConditioning conditioning equipment.

Contractors Contractors in this industry

may provide both pans andlabor when performing work.

The work performed mayinclude new work, additions,alterations, maintenance, and

repairs.

23831 Drywall and Drywall, plaster work, and 533 $471,329,000 5,461 Yes

Insulation building insulation work.Contractors Plaster work includes

applying plain or omamentalplaster, and installation of lath

to receive plaster. The workperformed may include newwork, additions, alterations,

maintenance, and repairs.

23832 Painting and Wall Interior or exterior painting or 841 $276,551,000 4,023 Yes

Covering interior wall covering. TheContractors work performed may include

new work, additions,alterations, maintenance, and

repairs.

23833 Flooring Installation ofresilient floor 323 $183,469,000 1,618 Yes

Contractors tile, carpeting, linoleum, and

hard wood flooring. The workperformed may include new

work, additions, alterations,maintenance, and repairs.

23839 Other Building Building finishing trade work 144 $65,831,000 835 Yes

Finishing (except drywall, plaster andContractors insulation work; painting and

wall covering work; flooringwork; tile and tenazzo work;and finish carpentry work).The work performed mayinclude new work, additions,alterations, or maintenanceand repairs.

23835 Finish Carpentry Finish carpentry work. The 1,088 $468,750,000 4,689 Yes

Contractors work performed may include

new work, additions,alterations, maintenance, and

repairs.
g

Dwellings

as single-family homes,

apartment buildings, and town

homes. Included in this

industry are owner-lessors and

establishments renting rear

estate and then acting as

lessors in subleasing it toothers. The establishments in

this industy may manage the

property themselves or haveanother establishment manage

it for them.

53131 ‘ Real Estate Managing real property for 510 $323,257,000 4,871 Yes

Property Managers others. Management includes

ensuring that various activitiesassociated with the overall

operation of the property are

performed, such as collectingrents, and overseeing other

services (e.g., maintenance,security,_trash_removal).

531311 Residential Managing residential real 398 $235,558,000 4,034 Yes Property Managers estate for others.

SOCIAL ASSISTANCE (CHILD CARE) INDUSTRY

NAICS Subsection Business Description: Number of Receipts Number of Includes

Primary Responsibility Establish- Employees Businesses that

meats Meet the WI

Definition ofSmall Business

6244 Child Day Care Providing day care of infants 1,666 $478,195,000 17,357 Yes

Services or children. These

establishments generally care

for preschool children, butmay care for older children

when they are not in school

and may also offerprekindergarten educational

programs I
Lead PaintRemoval

Other persons or entities affected by the rule

Other persons and entities that will be affected by the rule are children and families, public school

districts, and state and local governments.

Costs to small businesses

Under the provisions of ch. DHS 163 relating to pre-renovation education and lead-based paintrenovation, small businesses will have increased expenses, including certification fees, recordlceeping

and other administrative costs, information distribution expenses and work practice (equipment andsupplies) costs.

The department reviewed the regulatory requirements for EPA authorization under 40 CFR 745 andidentified the costs to businesses under the EPA regulations and the department rules under this order.

The department also used the 2002 U.S. Economic Census to help determine the effect on small

businesses. In addition, the department reviewed and used relevant portions of EPA’s economic analysis

to determine the costs and benefits to Wisconsin.

In its analysis, the EPA analyzed the economic impact of compliance on small entities by evaluating the

number of companies that would experience the impact and the size of the impact. Average annual

compliance costs as a percentage of average annual revenues were used to assess the potential average

cost of the rule on small businesses and small governments. EPA estimated that the average compliancecosts for small businesses would be 0.7% of annual revenues. For small non-profits such as privateschools and pre-schools, the costs would be 0.1% of annual expenditures. EPA based these estimates onan average compliance cost of approximately S35 per renovation. Even if the actual average cost perrenovation is double EPA’s estimate, or S70 per job, this would translate to only 1.4% of annual revenue

for contractors and 0.2% for nonprofits, and would be below the 2008 CM of 3.8%.

Upon review of the information, the department has determined, however, that the actual costs to

renovators are indeterminate because of the number of variables involved, including:

The size of the project/amount charged to customer to conduct the renovation — the larger the

project/more charged to conduct the project, the lower the cost of compliance as a percent of the

overall cost ofthe job.

Number ofjobs conducted by the renovator—the more jobs a renovator conducts in a month or year

the lower the overall cost of compliance per job.

Cost of equipment and supplies — whether more expensive equipment such as a HEPA vaccum is

already owned or must be purchased and whether supplies are purchased in bulk or in smaller

amounts.
investigation activities are required to be certified by the department and to pay a certification fee of $75

every 2 years ($37.50 per year). Certification of companies performing only renovation activities iscurrently optional unless the work will be conducted in a state-registered lead-safe home. Under the

revised rule, company certification will be required for companies that conduct renovations for

compensation in pre-1978 housing or child-occupied facilities. Renovation companies will pay the

current fee of 575 for a 2-year certification.

Licensed plumbers and HVAC workers are not required to pay the fee and become certified under the

rule, but are required to comply with all other provisions relating to regulated work under the chapter,

including training, recordkeeping and work practices.

Accreditation oftraining courses: Under the rule, the current 1-day lead-safe work course is being

converted to the 1-day lead-safe renovator course. Training providers that are already accredited to

provide the lead-safe work course will be allowed to convert their course to the lead-safe renovator

course with no additional fee. The department will require only a minimal paper submittal toaccomplish the transition from the lead-safe work to lead-safe renovator course. The lead-safe renovator

refresher course is new and training providers wishing to offer it submit an application to the department

with a $125 application and a $100 accreditation fee. The application fee is a one-time fee and the

accreditation fee is payable every 2 years.

Other costs to training providers are not expected to change, including existing fees for renewingaccreditation ($200 for 2 years for the lead-safe renovator course), and administrative costs to notify the

department ofscheduled classes, verify student identities, take student pictures, submit student

information and pictures to the department, and keep required course and student records. Theserequirements are not revised under the rule except to reduce the requirement to view 2 forms of student

ID to view only 1 form of photo ID per student.

The EPA provides complete curriculum materials for both the initial and refresher renovator courses,including instructor and student manuals, free for download from its website, thus minimizing course

preparation costs for training providers. This curriculum is acceptable for use in Wisconsin. The EPA

fees for training course accreditation are $560 for accreditation of the initial renovator course and $400

for the refresher course. Re-accreditation is required every 4 years at a cost of $340 for the initial and

S310 for the refresher. Compared over 8 years, Wisconsin fees are $85 less than EPA’s fees for a

company offering both the initial and the refresher renovator courses.

Recordkeeping: The rule requires renovators to create and maintain certain records, including the

written contract for services; any lead paint inspection reports received from a certified lead inspector or

risk assessor; written or printed evidence of distributing the required information pamphlet (such as a
renovators, but not all records are required for all jobs. An estimate for the time needed to create andmaintain these records would be less than 1 additional hour, and for less complex jobs, less than 1/2additional hour perjob. At $15 per hour for administrative office help, this translates to less than $7.50

to $15 per job. These expenses would also be incurred under the EPA regulation.

Other persons certified under the rule, such as lead abatement contractors and lead investigators, already

are required to keep many records. These requirements were found in many locations in the rule and

these were consolidated in the revised rule into the new recordkeeping section under DHS 163.13 (3).

No new costs are associated with recordkeeping for these regulated oups.

Information distribution: Renovators under the revised rule are required to distribute the pamphlet,

Renovate Right, to property owners, occupants, child-occupied facility owners, operators and to parents

of children attending the child-occupied facility. The costs include the time to prepare and ensure thatthe pamphlet is received by obtaining a signed acknowledgement of receipt or certificate of mailing, and

by posting in common areas of multi-family housing or in child-occupied facilities where parents wouldbe likely to see the information.The pamphlet, Renovate Right, maybe downloaded free from the EPA website and printed in-house for

minimal expense or sent out for professional printing at the renovator’s discretion. Costs associatedwith distribution are expected to be minimal as most renovators work directly with the owner/occupantand have ample opportunity to provide the required material. Copy and distribution expenses wouldalso be incurred under the EPA regulation.

Work practices: For renovators, there will be certain work practice expenses associated with this new

rule, including possible purchase of certain equipment and supplies. These might include a HEPAvacuum, HEPA-attachments for high-speed machines such as sanders and grinders, disposable plastic

sheeting, disposable dry and wet cleaning cloths and mops. Many renovators already use HEPA

vacuums, but many others would need to purchase one or more.

Cost-Benefits

Since 1996, more than 44,000 Wisconsin children have been identified as lead poisoned. Nearly one inevery 20 children who entered the Wisconsin school system in the fall of 2006 was known to have beenlead poisoned.

Lead interferes with the normal development of a child’s brain and can result in significant leamingdisabilities and other behavior and health problems. Lead poisoning is associated with a greater chance

that a child will experience problems in school due to learning difficulties and failure. Children who arelead poisoned show a 15% decrease in reading scores and 14% decrease in mathematical scores on
estimates. Using EPA’s conclusions, the department has determined that the estimated net benefits to

Wisconsin would be $1 million to $20 million in the first year based on children’s IQ benefits alone.

These health effects include impaired cognitive function in children and several serious illnesses inchildren and adults. EPA estimated the benefits of avoided incidence of IQ loss due to reduced lead

exposure to children under the age of 6. There are not sufficient data to develop dose-response functions

for other health effects in children or for pregnant women.

Effect on small business:At least 10% of the businesses affected by this order are small businesses; however, the rules will not

have a significant economic impact on those businesses.

Agency contact person:

Shelley Bruce, Asbestos & Lead Certification Supervisor

DHS Division of Public HealthBureau of Environmental & Occupational Health

Asbestos & Lead Section

y I W Wilson St, Room 137

Madison WI 53703

Phone: 608-267-0928

Fax: 608-266-9711

Email: Shelley.Bruce(thwisconsin.gov

Place where comments are to be submitted and deadline for submission:

A public hearing will be held on November 18, 2009, 1:00 - 3:00 p.m. at 1 West Wilson Street, Room

B139. Comments may be submitted to the agency contact person listed above or to the WisconsinAdministrative Rules Website at www.adminrules.wisconsin.gov until November 19, 2009, 4:30 p.m.
reduction activities or lead investigation activities do so safely to prevent exposure of building occupants

to hazardous levels of lead. This is accomplished by requiring an individual to be trained and certified

under s. DHS 163.10 before the individual performs, supervises or offers to perform or supervise

renovation, specified lead hazard reduction or lead investigation activities involving target housing or a

child-occupied facility or the real property on which the target housing or child-occupied facility stands.In addition, the certified individual is required to be associated with a lead-company certified by thedepartment under s. DHS 163.12. Subchapter II also Subchapter ifi requires that a training course that is

represented as qualifying any person for certification to perform renovation, lead abatement hazardreduction or lead investigation activities be accredited by the department before the training course isoffered, advertised or conducted and that training managers and principal instructors be separatelyapproved by the department. Subchapter II further provides for the accreditation of lead safe work

couroe&

(3) ACTIVITIES INVOLVING REGISTERED LEAD-FREE PROPERTY AM) REGISTERED

LEAD-SAFE PROPERTY. In addition to requirements undcr sub. (2), and subject to exceptions under s.

DHS 163.43, a person who disturbs lead based paint on registered lead safe property shall successfully

meet the requirements ofthis chapter and have documentation of certification issued by the department

before performing, supervising or offering to perform or supervise a non abatemcnt lead based paint

activity on registered lead safe property. In addition, thisThis chapter establishes standards for

registered lead-free and registered lead-safe property that encourage long term lead hazard reduction,

procedures for determining whether a property meets the standards, and procedures for issuing andmaintaining certificates of lead-free status and lead-safe status.SECTION 2. DHS 163.02 (1) (a) and (c) and (2) and (title) are amended to read:

DHS 163.02 (1) (a) This subchapter, subchs. II and IV apply to a person performing, supervising

or offering to perform or supervise a renovationjead hazard reduction activity or lead investigationactivity involving target housing or a child-occupied facility or the real property on which the target

housing or child-occupied facility stands, when certification is required under a, DHS 163.10 (1), and toa person performing an activity involving lead based paint or a lead hazard when certification-i-s

required under a grant, contract or under an order issued by a court, the department, another statc agencyor a local agency. Persons certified conducting work regulated under this chapter are also required toconduct activities in a manner that does not increase the hazards from lead-based paint to building

occupants.

(c) In addition to provisions under subchs. Ito IV that apply to target housing and child occupied

facilities, subch. Subchapter V applies to real property for which a certificate of lead-free status or leadsafe status is sought or has been issued. Subject to the certification exceptions under s. DHS 163.13,
justification for the alternative. The department shall approve or deny the alternative or request

additional information within 20 working days of receipt of the request for approval. If granted, thedepartment shall send the applicant a written notice of approval that may include limits on the approval.

SECTION 3. DHS 163.03 (1) (a) 3. and (b) 5., (5), (10), and (13) (intro.) and (a) to (c) are amended to

read:

DHS 163.03 (1) (a) 3. Removal of lead-based painted surfaces, components or fixtures.

(b) 5. A project conducted in response to a request for an abatement activity or which the

contractor claims to be an abatement activity.

(5) “Agent t1means a person who is under a contract, or otherwise authorized by the owner, to

manage or maintain real property.

(10) “Certification” means an approval status granted by the department to an individual or lead

• companypççn meeting the conditions for certification under this chapter.

(13) “Child-occupied facility” means a building or portion of a building constructed prior to

1978. and including common areas, that meets any ofthe following:

(a) A facility licensed by the departrnentor certified to provide day care services.

(1,) A public or private school or preschool attended by ehi1dfena registered child younger than 6

years of age, including a state-operated residential treatment center.

(c) A building or portion of a building constmcted prior to 1973, visited by the same child under

6 years of age, on at least 2 different days within any week, Sunday through Saturday, provided that

each day’s visit lasts at least 3 hours and the combined annual visits last at least 60 hours, except that for

purposes of subchapter V, a dwelling is not a child occupied facility unless educational or daycare

senqceg are provided to a child who is under 6 years of age and not an immediate family member.

SECTION 4. DHS 163.03 (l3g) and (13r) are created to read:

DHS 163.03 (13g) “Cleaning verification” means a protocol for use by certified lead-safe

renovators after completion ofrenovation activities, and in lieu of clearance dust-wipe sampling, that

ensures post-renovation cleaning has been successfully completed to the standard set under s. DHS

163.14(11) (L).
interim control or renovation activity to make a final determination that the work was completed, final

cleaning was conducted and dust-lead levels are below the clearance levels.

(15) “Clearance level’ means the value under s. DHS 163.14 (5) (c) 8. that indicates the

maximum amount of lead permitted in dust on a surface following completion of a lead based paint gn abatement, interim control or renovation activity.

SECTION 6. DHS 163.03 (22m) is created to read:

DHS 163.03 (22m) “Demolition” means the removal of any load-supporting structural

component oftarget housing or a child-occupied facility together with any related handling operations.SECTION 7. DHS 163.03 (26) and (27) are amended to read:

DHS 163.03 (26) ‘Disturb” means to break up, bum, crush, cut into, dissolve, sand, scrape,

abrade remove, demolish or otherwise manipulate a painted surface in a manner that generates 4u4-4ea4

dust, paint chips or debris.

(27) “Discipline means one of the specificjob categories ins. DHS 163.10(2) or 163.43 for

which individuals are trained and become certified by the department.SECTION 8. DHS 163.03 (31m) is created to read:

DHS 163.03 (31m) “Dry disposable cleaning cloth” means a commercially available dry,

electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as

uncarpeted floors or counter tops.SECTION 9. DHS 163.03 (36) is amended to read:

DHS 163.03 (36) ‘Dust wipe sample” means a sample of dust collected using documented

protocols by wiping a representative surface of a known area with an acceptable wipe material, such as a

moist towelette.SECTION 10. DHS 163.03 (40m) is created to read:

DHS 163.03 (40m) “Emergency renovation” means renovation activities that were not planned

but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or

public health hazard, or threatens equipment or property with significant damage.
SECTION 13. DHS 163.03 (52) is amended to read:

DHS 163.03 (52) “HEPA filter means a high efficiency particulate air filter that removes

captures particles of 0.3 microns or larger free-the-aif at 99.97 percent or greater efficiency.

SECTION 14. DHS 163.03 (53) is repealed and recreated to read:

DHS 163.03 (53) “HEPA vacuum” means a vacuum cleaner designed by the manufacturer to

have a high-efficiency particulate air (HEPA) filter as the last filtration stage. The vacuum cleaner must

be designed so that all the air drawn into the machine is expelled through the HEPA filter with none ofthe air leaking past it.

SECTION 15. DHS 163,03 (56) is amended to read:

DHS 163.03 (56) ‘impact surface” means an interior or exterior surface that is subject to damage

by repeated force during use, such as doors to certain parts of doorframes, cabinet frames and walls

subiect to door actions. and baseboards and stair risers.

SECTION 16. DHS 163.03 (58m) is created to read:

DHS 163.03 (58m) “Interim controls” means a set of measures designed to temporarily reduce

human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs,

maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or

potential hazards, and the establishment and operation of management programs.

SECTION 17. DHS 163.03 (62) is repealed.

SECTION 18. DHS 163.03 (64), (65), (71), (76), and (80) are amended to read:

DHS 163.03 (64) “Lead abatement supervisor” means an individual who supervises or performs

lead abatement or other lead hazard reduction activities.

(65) “Lead abatement worker” means an individual who performs lead abatement or other lead

hazard reduction activities.

(71) “Lead hazard reduction activity” means any action intended to permanently or temporarily

reduce or eliminate human exposure to lead-based paint hazards, including abatement, interim controls,

and paint stabilization,
inspector or risk assessor in conducting other lead investigation activities, including collecting paintchip, dust-wipe or soil samples.

SECTION 19. DHS 163.03 (82) and (83) are repealed and recreated to read:

DHS 163.03 (82) “Lead-safe company” means a company, partnership, corporation, sole

proprietorship, association, governmental agency or other entity that performs, advertises, claims toprovide or offers to perform renovation activities in target housing or child-occupied facilities.

(83) “Lead-safe renovator” means an individual who performs or directs workers who perform

renovation activities in target housing or child-occupied facilities.

SECTION 20. DHS 16103 (85m) is created to read:

DHS 163.03 (85m) “Minor repair and maintenance activities” means activities, including minor

heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or

less of painted surface per room for interior activities or 20 square feet or less of painted surface for

exterior activities where none ofthe work practices prohibited or restricted by s. DHS 163.14 (11) (h)

are used, and where the work does not involve window replacement or demolition. When removing

painted components, or portions of painted components, the entire surface area removed is the amount

of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room

within 30 consecutive days must be considered the same job for the purpose of determining whether the

job is a minor repair and maintenance activity.

SECTION 21. DHS 163.03 (88) is amended to read:

DHS 163.03 (88) “Occupant protection plan’ means a written plan developed prior to na lead

hazard reduction activity that describes the measures that will be taken to protect the building occupantsfrom exposure to lead-based paint hazards.

SECTION 22. DHS 163.03 (88m) is created to read:

DHS 163.03 (88m) “Pamphlet” means the EPA pamphlet titled Renovate Right: Important Lead

Hazard Information for Families, Child Care Providers and Schools or any other pamphlet approved bythe department and EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This

includes reproductions of the pamphlet when copied in full and without revision or deletion of material

from the pamphlet (except for the addition of local sources of information)
DHS 163.03 (100) ‘Regulated activity’ means an activity to which work practice standards apply

or for which accreditation, approval oi, training andor certification is required under this chapter.

SECTION 25. DHS 163.03 (lOOm) is created to read:

DHS 163.03 (lOOm) “Renovation” means a work activity that disturbs paint in or on target

housing or a child-occupied facility. Renovation activities include cutting, drilling, planing, sanding,sawing, scraping, stripping or removing painted surfaces or components during demolition, interim

controls, maintenance, modification, painting, rehabilitation, remodeling, repair, residing, roofing or

restoration activities. The term renovation does not include abatement activities as defined under s. DHS

163.03 (1), minor repair and maintenance activities as defined under s. DHS 163.03 (85m), or the razing

of an entire building.

SECTION 26. DHS 163.03 (114) (a) is amended to read:

DHS 163.03 (114) “Visual inspection” means:

(a) For clearance, visual examination following an activity that disturbs leadlead-based paint to

determine whether or not the cleanup has been successfully completed, as indicated by the absence of

visible residue, dust and debris, and that scheduled work has been completed.

SECTION 27. DHS 163.03 (114) (am) is created to read:

DHS 163.03 (114) (am) For cleaning verification, visual examination following a renovation

activity to determine whether scheduled work and clean up has been successfully completed, as

indicated by the absence of visible residue, dust and debris.

SECTION 28. DHS163.03 (1 14g) and (1 14r) are created to read:

DHS 163.03 (1 14g) “Wet disposable cleaning cloth” means a commercially available, pre

moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted

floors or counter tops.

(1 14r) “Wet mopping system” means a device with the following characteristics: a long handle, a

mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution,

and a built-in mechanism for distributing or spraying the cleaning solution onto a floor; or a method of

equivalent efficacy.
DHS 163.10 (1) REQUIREMENT. Except as provided under par. (c)and s. DHS 163.12 (1)

an individual shall follow work practice requirements and meet all other responsibilities under

this chapter and, except as provided under pars. (c) and (d), shall also be certified by the department

under this subchapter and shall be associated with a certified lead company or lead-safe company

through ownership, employment or contract before the dividual may do to do any of the following:

(b) Perform or supervise an a lead hazard reduction activity when certification is required under

an order issued by a court, the department, another state agency or a local agency, under a contract, or asa condition for payment of services.SECTION 31. DHS 163.10 (1) bm) is created to read:

DHS 163.10 (1) (bm) Perform, supervise or offer to perform or supervise a renovation activity

for compensation in target housing or a child-occupied facility on or after April 22, 2010.

SECTION 32. DHS 163.10 (1) (c) (intro.) and 1. are amended to read:

DHS 163.10 (1) (c) Pm individual A person is not required to be certified by the department

under this-subehaptef par. (bm), but is subject to all work practice requirements and other

responsibilities under this chapter when any one ofthe following applies:

1. All regulated activities are within the scope of a license, certification or registration issued ta

the individual by the department of commerce under s. 101.178, 101.87, Stats., or ch. 145, Stats., and the

individual performing the regulated activities has completed lead-safe renovation training under s. DHS

163.11 (2) (c’) as evidenced by possession of a current and valid course completion certificate at the

worksite whenever performing regulated work.

SECTION 33. DHS 163.10(1) (c) 2. is repealed and recreated to read:

DHS 163.10 (1) (c) 2. The individual conducting the renovation activity has been trained by a

certified lead-safe renovator under s. DHS 163.13 (7) on the lead-safe work practices to be usedto

perform assigned tasks and is under the supervision of a certified lead-safe renovator during therenovation activity as required under s. DHS 163.14 (11) (c).

SECTION 34. DHS 163.10 (1) (d) (intro.) is created to read:

DHS 163.10 (1) (d) (intro.) A person is not required to be certified under par. (bm), and is not

subject to other provisions under this chapter, when any one of the following applies:
SECTION 36. DHS 163.10 (1) (d) 2., 3., 4., and 5. are created to read:

DHS 163.10 (1) (d) 2. The paint to be involved in the renovation activity has been tested by a

certified lead-safe renovator using a department recognized test kit, as defined under s. DHS 163.03

(96m), and following the kit manufacturer’s instructions, who has determined that the paint does not

meet the definition of lead-based paint under s. DHS 163.03 (61).

3. The work is a minor repair and maintenance activity as defined under s. DHS 163.03 (85m).

4. The work is a renovation activity that is not performed for compensation and no other

conditions requiring certification exist.

5. The work is a renovation activity performed by the homeowner in the homeowner’s owneroccupied unit and no other dwelling unit or common area is affected.

SECTION 37. DHS 163.10 (2) (intro.) and (a) I. are amended to read:

DIETS 163.10 (2) DISCIPLINES. Certification of individuals shall be specific to one of the

following lead hazard reduction er, lead investigation, or renovation disciplines:

(a) 1. ‘Lead abatement worker.’ A certified lead abatement worker may perform any abatement

or non abatement lead based paint activity, but must be supervised under s. DHS 163.14 (1) (c) when

performing abatement. A lead abatement worker may not prepare an occupant protection plan for

abatement, prepare an abatement report, conduct sampling for abatement or supervise abatement

activities. A certified lead abatement worker who completes a lead-safe renovation initial or refresher

course, or a lead abatement worker refresher course after October 19. 2009, is also qualified to conduct

renovation activities.

SECTION 38. DHS 163.10 (2) (a) 2. and (b) 1. are amended to read:

DHS 163.10 (2) (a) 2. ‘Lead abatement supervisor.’ A certified lead abatement supervisor may

develop occupant protection plans, write abatement reports, and supervise or perform iabatement

activities. A certified lead abatement supervisor may take dust wipe samples before clearance is

conducted to determine if cleanup is complete, but this activity does not meet the criteria for sampling

under s. 901.055, Stats., or for clearance. A certified lead abatement supervisor who completes a leadsafe renovation initial or refresher course, or a lead abatement supervisor refresher course on or after

October 19, 2009, is also qualified to conduct renovation activities.
after an abatement activity or provide recommendations for reducing a lead hazard.SECTION 39. DHS 163.10 (2) (c) is created to read:

DHS 163.10 (2) (c) Renovation discipline. I. ‘Lead-safe renovator.’ A certified lead-safe

renovator may supervise or perform renovation activities, provide training on lead-safe work practices touncertified workers, provide pre-renovation education materials to occupants and owners, conduct pre

renovation component testing using a department-recognized test kit, and conduct post-renovation

cleaning verification.

SECTION 40. DHS 163.10 (3) (a) 1. and (c) 2. a. are amended to read:

DHS 163.10 (3) (a) 1. An applicant shall use this subsection and subs. (4) to (7) to apply for

certification in a lead hazard reduction ei’.jead investigation, or renovation discipline for the first time orafter certification in the discipline has lapsed for 12 months or more.

(c) 2. ‘Timing of certification examination.’ a. Applicant with interim certification. An applicant

for initial certification to whom the department granted interim certification under sub. (6) (b) shall take

the next available certification examination offered at a reasonably accessible location, as determined bythe department. The applicant with interim certification may take the certification examination a

maximum of 3 times within 6 months after completing an approved training course for the disciplineunder s. DHS 163.11. If an applicant does not pass the certification examination and become certifiedby the department after up to 3 attempts within this 6-month period, the department shall revoke theinterim card deny initial certification. The individual shall retake the initial training course before

reapplying for initial certification in the same discipline.

SECTION 41. DHS 163.10 (5) (1)2. is amended to read:

DHS 163.10 (5) (1) 2. A completed regulatory worksheet that has been personally completed and

signed by the applicant.SECTION 42. DHS 163.10 (5) (g) 1. gm. is created to read:

DHS 163.10 (5) (g) 1. gm. For certification as a lead-safe renovator, a fee of $50.

SECTION 43. DHS 163.10 (7) (b) 2. (intro.) is amended to read:
DHS 163.10 (8) (b) 3. Submit an application for recertification to the department under par. (c).

The department shall refund the recertification fee ifrecertification is denied and the payer does not owe

the department other fees.SECTION 46. DHS 163.10 (8) (c) 4. (intro.) is amended to read:

DHS 163.10 (8) (c) 4. ‘Recertification fee.’ A written request for a government certification fee

exemption under subd. 4:-It 4. gut or a nonrefundable recertification fee as follows:

SECTION 47. DHS 163.10 (8) (c) 4. gm. is created to read:

DHS 163.10 (8) (c) 4. gm. For recertification as a lead-safe renovator, a 2-year fee of $50.

SECTION 48. DHS 163.10 (8) (e) 1. and 2. are amended to read:

163.10 (8) (e) Length ofrecer4fication. 1. When the department recertifies a lead abatement

supervisor, hazard investigator, inspector, project designer or risk assessor, the department shall extend

the certification of the individual for 1 or 2 years from the expiration date, depending on whether a 1-year or 2-year fee is paid and the date by which refresher training must be completed.

2. When the department recertifies a lead abatement worker, lead-safe renovator, or sampling

technician, the department shall extend the certification of the individual for 2 years from the expirationdate.

SECTION 49. DHS 163.11 (intro.) is amended to read:

DHS 163.11 Certification training requirements. To be certified under this chapter as a lead

abatement supervisor, abatement worker, hazard investigator, inspector, project designer, risk assessor

ef-,_sampling technician; or lead-safe renovator, an individual shall meet all ofthe following minimumtrairnng requirements:

SECTION 50. DHS 163.11 (1) (c) and (d) are repealed.

SECTION 51. DHS 163.11(2) (a) 1. is amended to read:

DHS 163.11(2) REQUIREMENT FOR INITIAL TRAINiNG. (a) 1. ‘Lead abatement worker.’

For certification as a lead abatement worker, an initial 1-day lead-safe workrenovation_course accreditcd

under this chapter followed by an initial 1-day lead abatement work course.
lead abatement worker or lead abatement supervisor may conduct renovator activities.

SECTION 53. DHS 163.11(3) (a) 1. (intro.), a. and b. and 2. b. and (b) (title) and 2. a. are amended to

read:

DHS 163.11 (3) (a) Requirementfor refresher training. 1. As a condition for recertification, an

individual who is certified shall complete department-approved refresher training as follows:

a. An individual issued initial certification or recertification as a lead abatement supervisor, lead

abatement worker, sampling technician, hazard investigator, inspector, project designer or risk assessorshall complete a refresher training course under par. (b) every 2 years, as indicated by the training due

date on the certification card.

b. An individual issued initial certification or recertification as a lead abatement worker or

sampling technician lead-safe renovator shall complete a refresher training course under par. (b) during

that certification periodevery 4 years, as indicated by the training due date on the certification card.

2. b. An individual whose certification has been expired for 12 months or longer shall complete

initial training under sub. (2) (a)-er-, (b) or (c) ifthe last training was completed more than 3 years ago,

or a refresher training course under par. (b) ifthe last training was completed within the past 3 years.

(b) Required refresher training course. 2. a. For certification as a lead sampling technician, a-24

-hour lead sampling technician refresher training course.SECTION 54. DHS 163.11 (3) (b) 3. is created to read:

DHS 163.11(3) (b) 3. ‘Refresher training for lead-safe renovator discipline.’ For the lead-safe

renovator discipline, an individual shall successfully complete a 4-hour lead-safe renovator refreshercourse approved by the department.

SECTION 55. DHS 163.12 (title) is amended to read:

DHS 163.12 (title) Certification ofalead-company.

SECTION 56. DHS 163.12 (1) (am) is created to read:

DHS 163.12 (1) (am) On or after April 22, 2010, except as provided under par. (b), a person

shall be certified by the department as a company under this chapter and shall have appropriately