6. Paint debris and waste shall be managed according to chs. NR 500 to 538 and 660 to 679.

(j) Cleaning the work area. Documented methodologies shall be followed to clean all work areas

at the end of each work day and when all renovation activities have been completed. After the paintdisturbing work has been completed, the work area shall be cleaned until no dust, debris or residue

remains.

1. For all interior and exterior work areas:

a. Collect all paint chips and debris and, without dispersing any of it, seal the waste in a heavyduty waste bag.

b. Dispose of all sheeting as waste by first misting, then folding inward until as small as possible,

taping seams shut or placing in heavy-duty waste bags. Sheeting used to isolate contaminated areas

from non-contaminated areas must remain in place until after final cleaning and removal of all other

sheeting.

2. For exterior work areas, remove all visible debris, paint chips and residue in and below the

work area, including from the ground, window sills and other horizontal surfaces.

3. For interior work areas:

a. Clean all objects and horizontal surfaces in the work area and within 2 feet outside the work

area starting at the top and working down to the floor.

b. Clean walls starting at the ceiling and working down to the floor by either HEPA vacuuming

or wiping with damp disposable cleaning cloths.

c. For other interior surfaces, thoroughly HEPA vacuum all remaining surfaces and objects in the

work area, including horizontal surfaces, furniture and fixtures. After vacuuming, wipe the same

surfaces, objects and fixtures with damp disposable cleaning cloths.

d. For carpets, use a HEPA vacuum with a beater bar to thoroughly and meticulously vacuum

carpets and rugs.

e. For uncarpeted floors, thoroughly mop the floor using a 2- or 3-bucket mopping system or a

wet mopping system using disposable cloths.
2. For exterior renovation activities, a visual inspection shall be performed to determine whether

dust, debris or residue is still present on surfaces in and below the work area, including windowsills andthe ground. If dust, debris or residue is present, these conditions shall be eiiminated and another visual

inspection shall be performed. After the work area or areas pass visual inspection, the activity is

considered complete and warning signs may be removed.

(L) Post renovation cleaning verUication for interior work areas. Except as allowed under par.

(m), after a successful visual inspection, a person allowed under par. (a) shall verify cleaning of allinterior work areas by using the following procedures:

1. Verify that each windowsill in the work area has been adequately cleaned by wiping the

windowsill with an unused wet disposable cleaning cloth that is damp to the touch and comparing the

cleaning cloth to the cleaning verification card.

a. Ifthe cleaning cloth matches or is lighter than the cleaning verification card, the windowsill

has been adequately cleaned.

b. Ifthe cleaning cloth is darker than the cleaning verification card, the windowsill has not been

adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning,

either use a new cleaning cloth or fold the used cloth in such a way that an unused surface is exposedand wipe the surface again. If the cleaning cloth matches or is lighter than the cleaning verification card,

the windowsill has been adequately cleaned.

c. If the cleaning cloth is still darker than the cleaning verification card, wait one hour or until the

surface has dried completely, whichever is longer.

d. After waiting for the windowsill to dry, wipe the sill with a dry disposable cleaning cloth.

After this wipe, the windowsill has been adequately cleaned.

2. Verify that uncarpeted floors and countertops within the work area have been adequately

cleaned by wiping the floors and countertops with an unused wet disposable cleaning cloth. Floors shall

be wiped using a long-handled mop designed with a head attachment for wet disposable cleaning cloths.

The cleaning cloth must remain damp at all times while it is being used to wipe the surface for postactivity cleaning verification. Ifthe surface within the work area is larger than 40 square feet, the

surface within the work area must be divided into roughly equal -sections that are each less than 40square feet. Wipe each section separately with a new wet disposable cleaning cloth.
c. If the cleaning cloth used to wipe a particular surface section is still darker than the cleaning

verification card after the surface has been re-cleaned, wait for one hour or until the entire section

surface has dried completely, whichever is longer.

d. After waiting for the entire section surface to dry, wipe the surface with a dry disposable

cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

3. When the work area passes the post-renovation cleaning verification, warning signs may be

removed.

(m) Optional dust clearance testing. Cleaning verification is not required ifthe contract between

the company and the person contracting for the renovation activities or another federal, state, or locallaw or regulation requires dust clearance sampling at the conclusion of a renovation activity covered by

this chapter.

1. Dust clearance samples for renovation activities shall be collected by a certified lead inspector,

lead hazard investigator, lead risk assessor or lead sampling technician following clearance protocol

under s. DHS 163.14 (5) (c).

2. The company performing the, renovation shall re-clean or seal work areas and component

types that fail dust clearance until the dust clearance sample results are below the clearance standards in

s. DHS 163.14 (5) (c) 8.

(n) Activities conducted after successful cleaning verflcation or clearance testing. Activities that

do not disturb paint, such as re-painting walls that have been properly prepared, are not regulated under

this subchapter ifthey are conducted after cleaning verification has been performed or clearance testing

results show dust lead levels below the clearances standards in s. DHS 163.14 (5) (c) 8.

(o) Emergency renovations. 1. Emergency renovations are exempt from the warning sign,

containment, waste handling, training and certification requirements ofthis chapter to the extent

necessary to respond to the emergency.

2. Emergency renovations are not exempt from the cleaning requirements of this subsection,

which shall be performed by certified lead-safe renovators or individuals trained by a certifiedrenovator, the cleaning verification requirements of this subsection, which shall be performed by

certified renovators, or the recordkeeping requirements under s. DHS 163.13 (3) (c).
(3) (c).

SECTION 87. DHS 163.16 is created to read

DHS 163.16 Recognized paint test kits for renovation. (1) EPA VERifICATION

PROGRAM. The department recognizes paint test kits that have been tested and determined by the EPA

Environmental Technology Verification Program, or other equivalent EPA approved testing program, tomeet the response criteria described in this section.

(2) RESPONSE CRITERIA. A recognized test kit shall meet or exceed both the negative

response criteria and the positive response criteria, as follows:

(a) Negative response criteria. For paint containing lead at or above the regulated level, 0.7

milligrams per square centimeter or .06% by weight, a demonstrated probability, with 95% confidence,of a negative response less than or equal to 5% of the time.

(b) Positive response criteria. For paint containing lead below the regulated level, 0.7 milligrams

per square centimeter or .06% by weight, a demonstrated probability, with 95% confidence, of a positive

response less than or equal to 10% of the time.

(3) If a test kit meets the response criteria under subs. (2) the department will issue a notice of

recognition to the kit manufacturer and post the information on the department’s website.

SECTION 88. DHS 163.20 (1) and (2) are amended to read:

DHS 163.20 (1) REQUIREMENT FOR ACCREDITATION. No person may offer, advertise,

claim to provide or conduct a lead training course that is represented as qualifying any person forcertification to perform a regulatedabatement renovation, lead hazard reduction, or lead investigationactivity in this state unless that training course has received accreditation from the department, has anapproved principal instructor, uses only approved instructors and the training provider is owned by or

employs an approved training manager.

(2) ONLY TRAINING COURSES. Department accreditation is provided only for a specific

training course designed for individuals seeking certification or recertification in a discipline under s.

DHS 163.10 (2) or s. HFS 163.13, not for a training institution or a trainrng program.

SECTION 89. DHS 163.20 (4) (d) is created to read:
3. Lead abatement work initial and lead abatement worker refresher.

4. Lead abatement work initial and lead abatement worker refresher conducted in a language

other than English.

5. Lead abatement supervision initial and lead abatement supervisor refresher.

6. Lead project design initial and lead project designer refresher.7. Lead sampling initial and lead sampling technician refresher.

8. Lead inspection initial and lead inspector refresher.

9. Lead hazard investigation initial and lead hazard investigator refresher.

10. Lead risk assessor refresher.

SECTION 90. DHS 163.20 (5) and (8) (a) (intro.) and 1. (title) and (intro.) are amended to read:

DHS 163.20 (5) TRAINING RESOURCES. Maccredited training course shall be conducted

using facilities, equipment and instructional materials that promote the learning objectives for which the

course is offered. Facilities shall have appropriate space for classroom, hands-on and field training.Instructional material shall be based upon EPA and department-approved curricula, shall include all

materials approved for accreditation, and shall be kept up-to-date with new information provided by the

department. Equipment shall reflect department-approved work practices, shall be maintained in properworking condition and shall be licensed and stored in compliance with yapp1icable requirements andregulations. Students shall be given course material based on EPA and department-approved curricula

that supports the leaming goals and objectives of the course and that the student may use as reference

material to enhance compliance with lead-based paint regulations and standards. Students shall also be

given a paper copy ofthis chapter.

(8) (a) (title)Required learning objectivesfor courses leading to certfication in lead-safe

renovation and lead hazard reduction disciplines. An accredited training course that meets a training

requirement under s. DHS 163.11 for certification as a lead-safe renovator, lead abatement worker, lead

abatement supervisor or lead project designer shall teach work practice standards that are consistent with

s. DHS 163.14 for renovation activities and abatement activities and consistent with s. DHS 163.44 for

non abatcment lead based paint activities, A training course shall be based on EPA and department

approved curricula and shall meet or exceed the applicable minimum curriculum requirements,
SECTION 91. DHS 163.20 (8) (a) 1. a. to zf. are repealed and recreated to read:

DHS 163.20 (8) (a) 1. a. Compare the federal definition of lead-based paint to the Wisconsin

definition of lead-based paint.

b. Describe the symptoms of lead poisoning and health risks to children and adults exposed to

lead.

c. Explain why lead, dust and debris are a special concern in housing and child-occupied

facilities.

d. Identify the clearance standards for floors, interior window sills and window troughs.e. Discuss the EPA, HUD and OSI-L& lead regulations and their relation to renovation activities.f. Define target housing and child-occupied facility.

g. Discuss requirements for training and certification under this chapter.

h. Describe the exclusions to the renovation requirements under this chapter.

i. Discuss company responsibilities under this chapter.

j. Discuss the certified renovator roles and responsibilities under this chapter.

k. Identify the major work practice standards for renovation activities under this chapter.L. Identify the possible enforcement actions that may be taken for violations of this chapter.m. Discuss the HUD lead safe housing rule requirements for training, lead-safe work practices

and clearance in federally owned or assisted housing.

n. Compare the requirements of this chapter with the EPA renovation, repair and painting rule

under 40 CFR 745 Subparts E and L and the HUD lead safe housing rule under 24 CFR Part 35,

Subparts B to M and R.

o. Explain pre-renovation education requirements under this chapter.
and surfaces affected by renovation work.

t. Correctly use an EPA flow chart to determine what regulatory requirements apply to a specific

renovation project.

u. Describe the three major steps to lead safe renovation: proper setup, lead safe work practices

and proper cleanup.

v. Describe the purpose and benefits of establishing work area containment during renovation

activities.

w. Demonstrate interior work area setup and containment, including posting signs and limiting

access, removing or covering furnishings and belongings, covering floors, closing doors and windows,and sealing vents.

x. Construct a work area entry doorway and dust barrier using plastic sheeting.

y. Demonstrate exterior work area setup and containment, including posting signs and limiting

access, removing or covering furnishings and belongings; covering the ground; and closing doors and

windows

z. Describe the differences between traditional renovation work practices and lead-safe

renovation work practices.

za. List and describe the work practices prohibited under DHS 163, the EPA renovation, repair

and painting rule under 40 CFR 745 Subparts E and L, and the HUD lead safe housing rule under 24

CFR Part 35, Subparts B to M and R.

zb. Discuss considerations for use of specialized power tools with HEPA-filtered capture

attachments.

zc. Discuss proper use of personal protection equipment and hygiene practices to protect workers

and control the spread of dust.

zd. Explain the role regular and daily cleaning plays in preventing the spread of lead hazards.

ze. Demonstrate proper interior and exterior work area cleaning techniques.
zi. Demonstrate the full cleaning verification procedure.

zj. Describe dust clearance inspections and how they differ from cleaning verification.zk. Describe exterior cleanup requirements, including final visual inspection.

zL. Demonstrate proper waste handling.

zm. Discuss federal and state waste disposal regulations.

Zn. Describe how long required records must be maintained.

zo. List the records that must be kept on the job site during a renovation activity.

zp. List the records required for pre-renovation education activities.zq. Describe how to document non-certified worker training.

Zr. Describe the records that must be generated and maintained if using a paint test kit.

zs. Describe the post-renovation reporting requirements.

zt. Describe the role of non-certified, on-the-job trained renovation workers.

zu. List and discuss the use ofthe 7 steps to lead-safe renovation, repair and painting for training

uncertified workers.

SECTION 93. DHS 163.20 (8) (a) 2. (title) and (intro.) and (b) 1. j. and k. are amended to read:

DHS 163.20 (8) (a) 2. (title) ‘Lead abatement work course.’ A lead abatement work course shall

provide a minimum of 8 training hours only to persons who successfully completed a departmentapproved lead-safe work or lead-safe renovation course. The course shall include lectures,demonstrations, a minimum of 6 hours of hands-on practice and hands-on skills assessment, a course

review and a written course test. The course shall provide instruction and materials that address all of

the following student learning goals and objectives:

(b) 1, ‘Lead sampling course.’ j. List 3 Describe surfaces appropriate for dust wipe sampling.
DHS 163.20 (8) (b) 1. ‘Lead sampling course.’ n. Describe requirements when conducting

clearance for a HUD-assisted renovation project.

SECTION 96. DHS 163.20 (8) (b) 1. o and p. are amended to read:

DHS 163.20 (8) (b) 1. ‘Lead sampling course.’ o. Collect a paint chip sample using correct

methods.

p. Collect a soil sample using correct methods.

SECTION 97. DHS 163.20 (8) (b) 1. t. is repealed and recreated to read:.

DHS 163.20 (8) (b) 1. ‘Lead sampling course.’ t. Describe the required contents of a clearance

report.SECTION 98. DHS 163.20 (8) (b) 1. w., x. and y. are created to read:

DHS 163.20 (8) (b) 1. w. Discuss the HUT) lead safe housing rule requirements for clearance in

federally owned or assisted housing.

x. Compare the requirements ofthis chapter with the EPA renovation, repair and painting rule

under 40 CFR 745 Subparts E and L and the HUT) lead safe housing rule under 24 CFR Part 35,

Subparts B to M and R.

y. Explain training and certification requirements for lead investigation activities under this

chapter.

SECTION 99. DHS 163.20 (8) (c) 7. is amended to read:

DHS 163.20 (8) (c) 7. ‘Lead sampling technician refresher course.’ A total of 24training hours to

include a review of the curriculum covered in the course required for lead sampling technician

certification, as appropriate, an overview of current safety practices relating to regulated activities,

current federal, state and local statutes, ordinances, rules and regulations relating to lead-based paint andcurrent technologies relating to lead based paint hazard identificationdust, paint and soil sampling ingeneral and clearance in particular.

SECTION 100. DHS 163.20 (8) (c) 8. is created to read:
DHS 163.20 (8) (h) ‘Course test.’ 3. A course test shall be developed in accordance with the

course test blueprint, shall reflectreflecting the learning goals and objectives of the training course, andshall consist of a minimum of 25 multiple choice questions for every 8 training hours, exccpt that acourse test shall include quesfions for leaming goals of any prerequisite course that does not require acourse-test of the course.

(9) (a) Requirement to verft iden4fication. The Before admitting a student into a class, the

training manager is responsible for verifying the identity of athe student by viewing 2 forms 1 form ofofficial photo identification, of which one shall include a clearly identifiable picture of the studentilictraining provider shall verify that the individual who presents the identification bears a reasonable

likeness to the photograph and is at least 18 years of age or will attain 1 8 years of age no later than 12

months after completing the training. The training manager may delegate verification of identity to an

employee ofthe training program. The following forms of photo identification may be accepted:

SECTION 102. DHS 163.20 (9) (a) 1. to 4. and (9) (am) are created to read:

DHS 163.20 (9) (a) 1. Driver’s license.2. Identification card issued by the U.S. military, or a federal, state, local or tribal agency.

3. U.S. or foreign issued passport.

4. Permanent resident alien card.(am) Document student iden4fication. Record the type ofidentification examined, the name of

the issuing agency, the identification number, the student’s full name as it appears on the identification,

and the student’s date of birth.SECTION 103. DHS 163.20 (9) (b) and (c) 3. and 4. are amended to read:

DHS 163.20 (9) (b) Requirement to issue training certJicate. After verification of a students

identity under par. (a), theThe training manager shall issue a training certificate to a student when the

student completes all course requirements.

(c) Content oftraining certficate. 3. The name ofthe course, as specified under sub. (8) (a) to

(c), and-which shall clearly indicate ifthe course is an initial course-or a-refresher course, and thelanguage in which the course was conducted if other than English.
supervision initial, abatement supervisor refresher, project design initial, project designer refresher, lead

sampling initial, sampling technician refresher, inspection initial, inspector refresher, hazard

investigation initial, hazard investigator refresher, and risk assessor refresher courses, and shall be 4

years from the date of course completion for the lead-safe renovation initial and lead-safe renovatorrefresher courses.

SECTION 105. DHS 163.21 (intro.) is amended to read:

DI1S 163.21 Application for accreditation. To request accreditation of a lead training course

described under s. DHS 163.20, the training manager, on behalf of the training provider, shall submit all

ofthe following to the department:

SECTION 106. DHS 163.21 (1) is renumbered DHS 163.21 (1) (a) and (am).

(1) COMPLETED APPLICATION FORM. fA ffilly and accurately completed application on

a form obtained from the department.

fp) The application shall include the federal employer identification number or social security

number for the training provider, social security numbers for all owners ofthe course and a statement

signed by the training manager which certifies that the training course meets the requirements of this

subchapter.

SECTION 107. DHS 163.21 (1) (b) is created to read:

DHS 163.21 (1) (b) A course taught in a language other than English is considered a separate

course for purposes of applying for accreditation. Only a lead-safe renovation initial, lead-safe

renovator refresher, lead abatement work initial and lead abatement worker refresher may be accredited

in a language other than English. When applying for accreditation of a course in a language other than

English, a signed statement from a qualified, independent translator that they compared all course

materials to the English language version and found the translation to be accurate shall be submitted to

the department with the application.

SECTION 108. DHS 163.21 (3) (c) and (5) are amended to read:

DHS 163.21 (3) (c) Audiovisual and materialsfor hands-on activities. Training audiovisual

materials such as videos, slides, overheads, photographs and displays, and materials for hands-on

activities, such as personal protective clothing, respirators and cartridges, duct tape, polyethylene
SECTION 109. DHS 163.22 (4) (b) is amended to read:

DHS 163.22 (4) (b) Renew contingent accreditation. The department may renew contingent

accreditation for an additional 2 years, may require changes to the course in order to obtain full

accreditation and may conduct additional on-site audits. Ifthe department continues contingent

accreditation, the department shall notify the training manager in writing. The notice shall include thereason for continuing contingent accreditation, recommendationsrequirements for achieving full

accreditation and the right to appeal the action under s. DHS 163.33.

SECTION 110. DHS 163.23 (3) (a) and (d) are amended to read:

DHS 163.23 (3) (a) Application form. A fully and accurately completed application form. The

application shall include a statement signed by the training manager certifying that the training course

complies at all times with the requirements ofthis chapter.

(d) Accreditation fee. Each application for renewal of course accreditation shall be accompanied

by a 2-year non-refundable accreditation fee of $25 per course hour or a 4-year accreditation fee of $50

per course hour. The department shall refund the accreditation fcc ifrenewal of accreditation is denied,the training provider does not owe the department other fees and the denial is not appealed or the denial

is appealed and upheld.

SECTION 111. DIETS 163.24 (2) (a) (intro.) is amended to read:

DHS 163.24 (2) (a) Qualications. A training manager shall have demonstrated experience,

education or training in the construction industry, which may include lead or asbestos abatement,

painting, carpentry, property maintenance, renovation, remodeling, engineering, environmental

consultation, occupational safety and health or industrial hygiene and shall have one of the following:SECTION 112. DHS 163.24 (3) (a) 2. (intro.) and a. to c. and 3. a. to c. and (b) 5. and 7. a. to c. are

amended to read:

DHS 163.24 (3) (a) 2. ‘Certification.’ A principal instructor shall be currently certified bascd on

payment of p2 year certification fee. Certification shall be held as follows:

a. As a lead risk assessor; for lead investigation instrueterapproval to teach initial lead sampling,

lead inspection and lead hazard investigation courses and refresher lead sampling technician, lead

inspector, lead hazard investigator, inspector, and lead risk assessor and sampling techniciancourses.
3. a. For approval to teach courses for lead hazard reduction diseipThies, lead-safe renovation or

project designers design disciplines, direct responsibility for activities involving lead hazard reduction,

lead health effects, lead regulations, industrial hygiene activities involving lead, construction or

renovation of homes or other buildings, 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 disciplinedesciplines, direct responsibility

for activities involving lead sampling, lead inspections or risk assessments, lead health effects, public or

occupational health care, lead regulations, enforcement of environmental regulations, environmental

investigations, building inspections, industrial hygiene activities involving lead, weatherization,

rehabilitation, renovation or home improvement and lead managementor identification activities relating

to other hazardous materials.

c. For approval to teach any type of course, direct responsibility for instructing adults in lead—

related topics a part of a course or cuniculum recognized by a federal or state governmental agency in

the 5 years preceding the date the initial application for approval is received by the department workrelated courses. The department shall evaluate qualifications in relation to the topic or topics that the

applicant ,yill teach.

(b) 5. ‘Teaching methods certificate.’ A teaching methods course certificate or transcript and a

course description or agenda whiehthat documents tha4-how_the course meets the requirements under

par. (a) 1. a. or documentation of equivalent education.

7. ‘Fee.’ a. $100 for a lead investigation instructor application, which includes approval to teach

lead sampling, inspection, hazard investigation and risk assessment courses.

b. $100 fbra lead hazard reduction instructor application, which includes approval to teach lead

abatement and lead-safe renovation courses.

c. S50 for a lead project design instructor application, which includes approval to teach only lead

project design courses.

SECTION 113. DHS 163.25 (3) (a), (b) 2. to 4.. (c) 2., and (d), (5) and (7) (intro.) and (e) are amendedto read:

DES 163.25 (3) COURSE SCHEDULE NOTIFICATION. (a) Requirement’for notification. A

training manager shall notify the department in writing on the department’s internet fomi or on a font

obtained from the department whenever an accredited training course has been scheduled by entering
investigation the course.

(c) 2. In an emergency, the training manager shall notify the make a request by telephone for

department of a scheduledapproval to schedule a training course by telephone or fwc with less than 10

working days notice. The request shall be made a minimum of one working day prior to the requested

start ofthe course date and shall be followed by entry of the course notification directly into the

department’s online lead database or by other method approved by the department.

(d) Revised notJication. 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 notify the departmentabout course cancellations or course schedule, instructor or location changes by means ofthedepartment’s online lead database when known 10 working days or more before the notified start date,

and also by telephone or fax a minimum of ene-when the change or cancellation occurs less thanlO

working day prior to days before the scheduled start date of a course when the course is cancelled orwhen the date or location 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 department ofrevisions in a timely

manner.

(5) DESIGNATION OF PRINCIPAL INSTRUCTORS. The training manager shall designate a

principal instructor for each accredited course offering. The principal instructor shall be approved under

s. DHS 163.24 (3).

(7) NOTIFICATION OF CHANGES. The training manager shall notify the department in

writing a minimum of 510 working days before making the following changes:

(e) Change oftraining manager. A change in training manager, a miffimum of 5 working days

before the change takes effect for an approved frning manager and a minim of 15 working days for

a new training manager for whom approval is being sought under s. DHS 163.21 (2). When a training

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

SECTION 114. DHS 163.25 (7) (f) is repealed.

SECTION 115. DHS 163.25 (10) (b) 1. and (11) (b) 4., 6., and 9. are amended to read:

DHS 163.25 (10) (b) Records to be retained. 1. A copy of each department-approved 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.