owner-occupied dwelling unit and the owner-occupied dwelling unit is not occupied by an individual

who is not the property owner or the other than the property owner’s immediate family.

SECTION 58. DHS 163.12 (lm) is created to read:

DHS 163.12 (im) COMPANY TYPES. Certification of companies shall be specific to one of the

following:

(a) Lead company. A lead company as defined under s. DHS 163.03 (66).

(b) Lead-safe company. A lead-safe company as defined under s. DHS 163.03 (82).

SECTION 59. DHS 163.12 (2) (intro.), (c), and (d) (intro.), 1. and 2. and (3) (a) (title) and 1. (intro.) areamended to read:

DHS 163.12 (2) CONDITIONS FOR CERTIFICATION. To be certified as a lead company or

lead-safe company, an applicant shall do all of the following:

(c) Follow work pro ctice standards. Agree that all lend company employees or subcontractors

will follow the applicable work practice standards under s. DHS 163.14 or 163.14 when performing

activities covered by the standards.

(d) Demonstrate knowledge ofapplicable regulations. An owner, officer or employee ofthe lead

company who is authorized by the lead-company to act on the lead-company’s behalf shall demonstrate

knowledge of applicable lead-based paint regulations and protocols by doing one of the following:

1. Being appropriately certified as a lead abatement supervisor, lead-safe renovator, lead

sampling technician, lead hazard investigator, lead inspector, ic4projcct designer or lead risk assessor.

2. When certification is impracticable, correctly completing and submitting to the department a

lead company regulatory work sheet.

(3) (a) Application for a nongovernmental lead company. 1 ‘Application form.’ The lead

company that is not a governmental agency shall submit a fully and accurately completed application on

a form obtained from the department. The application shall include all ofthe following information:

SECTION 60. DHS 163.12 (2) (cm) and (3) (a) 1. am. are created to read:
telephone number and the physical address ofrecords required under s. DHS 16313 (3) if different from

the physical address.

b. The federal employer identification number for the lead company or a statement why the lead

company does not have one.

c. Names and social security numbers ofthe lead-company’s owners.

d. Names of corporate officers of the lead company ifthe lead company is incorporated.

f. A statement signed by an owner or officer of the lead-company attesting that the lead company

will employ or contract with only appropriately certified persons when certification is required underthis chapter.

g. A statement signed by an owner or officer ofthe lent! company attesting that the-lead

company, its employees and subcontractors will follow the work practice standards ins. OHS 163.14 e

163.11 when conducting activities covered by the work practice standards.

SECTION 62. DHS 163.12 (3) (a) 1. h. is repealed.

SECTION 63. DHS 163.12 (3) (b) (intro.) is amended to read:

OHS 163.12 (3) (b) Application for a governmental agency. A lead-company that is a

governmental agency shall submit a hilly and accurately completed application on a form obtained fromthe department. The application shall thclude all of the following information:SECTION 64. DHS 163.12(4) (b) and (c) and (5) (title) and (intro.) are amended to read:

DHS 163.12 (4) (b) Grant certUication. Ifthe department grants lead—company certification, the

department shall issue a certificate of approval.

(c) Deny certification. If the department denies lead-company certification, the department shall

give the lead-company a written explanation for the denial and shall notify the lead-company of the right

to appeal that decision under s. DHS 163.33.

(5) (title) EXPWATION OF LEAD COMPANY CERTIFICATION. A lead-company’s lead

certification shall expire as follows:2 years after the certification issue date.
expires or within 12 months after certification expires:

SECTION 67. DHS 163.12 (6) (a) 1. and (b) 1. to 3. and (c) are amended to read:

DHS 163.12 (6) (a) 1. A completed renewal of certification application for renewal of company

certification indicating changes to lead—company information since the previous application.

(b) Action by the department. 1. ‘Time limit.’ Within 10 working days after receipt of a fully and

accurately completed application, the department shall grant or deny a lead company’s request for

renewal of certification.

2. ‘Grant renewal of certification.’ Ifthe department grants a lead-company renewal of

certification, the department shall issue a certificate of approval.

3. ‘Deny renewal of certification.’ If the department denies a lead-company renewal of

certification, the department shall give the lead-company a written explanation for the denial and shall

notify the lead-company of the right to appeal that decision under s. DHS 163.33.

(c) Length oflead company renewal of certification. When the department renews the a company

certification ef-a-lead-eempafiy, the department shall extend a lcadthe company’s certification 2 years 3

except that lead company certifications with an expiration date of November 1, 2001, shall be renewed

to expire at midnight on August 1, 2003 from the date of expiration.

SECTION 68. DHS 163.13 (title), (1), and (2) are amended to read:

DHS 163.13 (title) Responsibilities of certified pcrsonswhen couductin2 regulated activity.

(1) MAY NOT REFUSE ENTRY. No person at a site where a lead company or lead-safe companyconducts business or at the site of a current or previously conducted regulated activity regulated under

this chapter may refuse entry to any representative of the department acting under the authority ofs.

DHS 163.30 (3).

(2) REQUIREMENT FOR VALID CARD ON SITE. Only a Wisconsin lead certification card is

valid in this state for performing a regulatedan activity regulated under this chapter. Each individualperforming or supervising a regulatedan activity that requires certification under this chapter shall ha’ie

be in possession of a valid unexpired certification card when at the lobsite whenever performing orsupervising that activi’. Only the most recent certification card is valid for any given disciplthe.
provided on the company application or as later changed under sub. (12). Records shall be made

available for department inspection on site, by mail, or by other means as requested by the department.

The company shall retain all ofthe following records as appropriate to the type of activities the company

performs:

SECTION 70. DHS 163.13 (3)(a) 1. to 3., (b), and (c) are created to read:

DHS 163.13 (3) (a) I. Any written contract for lead hazard reduction activities conducted by the

company.

2. Copy of the final lead abatement report required under s. DHS 163.14 (1) (m) for each lead

abatement activity conducted by the company, which shall include a copy of the written project notice,

occupant protection plan, description ofwork activities conducted and final clearance report for the

activity.

3. Lead company certificate of approval from the department.

(b) Lead investigation activities. A company shall retain all documentation, reports or contracts

required under this subchapter for a minimum of 3 years following completion of an activity regulatedunder this chapter. The company shall maintain the records at the address provided on the company

application or as later changed under sub. (12). Records shall be made available for department

inspection on site, by mail, or by other means as requested by the department. The company shall retainall of the following records as appropriate to the type of activities the company performs:

1. Any written contract for lead investigation activities conducted by the company.

2. Report prepared under s. DHS 163.14 (5) for each clearance activity conducted by the

company, including visual inspection results and dust sampling laboratory results.

3. Report prepared under s. DHS 163.14 (7) for each lead hazard screen conducted by the

company, including any XRF testing results and any dust, paint and soil sampling results.

4. Report prepared under s. DHS 163.14 (8) for each lead inspection or partial inspection

conducted by the company, including any XRF testing results and any paint or soil sampling laboratory

results.

5. Report prepared under s. DHS 163.14 (9) for each lead risk assessment conducted by the

company, including any XRF testing results and any dust, paint or soil sampling laboratory results.
records at the address provided on the company application or as later changed under sub. (12). Records

shall be made available for department inspection on site, by mail, or by other means as requested by the

department. The company shall retain all the following records:

1. Any written contract for renovation activities conducted by the company.

2. Any report from a certified lead inspector, hazard investigator or risk assessor certifying that

lead-based paint is not present on components affected by the renovation activity.

3. Signed and dated acknowledgement of receipt of pre-renovation education pamphlet under s.

DHS 163.14 (10).

4. Written certification of delivery of pre-renovation education pamphlet when the company has

been unsuccessful in obtaining written acknowledgement from an adult occupant under s. DHS 163.14

(10).

5. Certificate of mailing when pre-renovation education pamphlet is sent by U.S. mail under s.

DHS 163.14(10).

6. Signed and dated statement recording steps taken to notify occupants of upcoming paint

disturbing activities in common areas under s. DHS 163.14 (10).

7. For each renovation activity conducted by the company, documentation of compliance with

the requirements ofDHS 163.14, including documentation that a certified lead-safe renovator wasassigned to the project, that the certified renovator provided on-the-job training for uncertified workers

used on the project, that the certified renovator performed or directed workers who performed the

renovation work and that the certified lead-safe renovator either performed the visual inspection andcleaning verification after all paint disturbing work was completed or dust clearance sampling was

performed as required under s. DHS 163.14 (5) by an appropriately certified individual. This

documentation shall include a copy of the certified renovator’s training certificate and a certificationsigned by the certified renovator assigned to the project that:

a. Training was provided to workers, including topics covered for each worker.

b. Warning signs were posted at entrances to the work area.

c. Any interior work area was contained by removing or covering all objects, closing and

covering all HVAC ducts, closing all windows, closing and sealing all doors or covering doors that were
the ground with plastic sheeting, other disposable impermeable material or landscape fabric capable ofcollecting dust and debris anchored to the building extending 10 feet beyond the perimeter ofsurfaces

undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless

the property line prevents 10 feet of such ground covering, weighted down by heavy objects, and

installing vertical containment if necessary to prevent migration of dust and debris to adjacent property.

e. Waste was contained onsite and while being transported offsite.

f. The work area was properly cleaned after the renovation by picking up all visible chips and

debris, misting protective sheeting, folding it dirty side inward and taping all seams for removal and forinteriors, cleaning all work area surfaces and objects using a HEPA vacuum and damp cloths or mops.

g. A certified renovator performed post-renovation cleaning verification, including a brief

description of the results and number ofwet and dry cloths used.

8. For each employed or contracted worker who is not a certified lead-safe renovator, the

company shall maintain documentation ofthe training provided, including the worker’s name, specific

topics taught to the worker, the name and department certification number of the instructor for each

topic, and the training date for each topic.

9. For each emergency renovation activity conducted by the company for which the company

was unable to comply with all of the requirements ofthis chapter due to emergency conditions as

defined in DHS 163.03 (40g), documentation ofthe nature of the emergency and the provisions of therule that were not followed.

10. If a recognized test kit is used, the company shall maintain records of and, within 10

working days of completing renovation activities, provide identifying information to, the person whocontracted for the work as to the manufacturer and model of each test kit used, verification that the test

kit is recognized by the department, a description of the components tested, including their specific

locations, and the result for each location and test kit used.

11. For any renovation for which dust wipe clearance was conducted, the company shall

maintain the written clearance report with laboratory results.

12. Company certificate of approval from the department.

SECTION 71. DHS 163.13 (4) is renumbered DHS 163.13 (4) (a) and as renumbered is amended to

read:
competence shall be on a form obtained from or approved by the department.

SECTION 72. DHS 163.13 (4) (b) is created to read:

DHS 163.13 (4) (b) Renovation activities. Under s. DHS 163.14 (11), a certified lead-safe

renovator shall be assigned to each renovation and shall be physically present at the work site while

warning signs are being posted, work area containment is being established, and work area cleaning is

being performed. The certified lead-safe renovator is responsible for ensuring continuous maintenance

of containment areas and use of lead-safe work practices by workers during renovation. When not onsite, the certified lead-safe renovator is responsible for being readily available by telephone and able to

return to the worksite within a reasonable time, approximately 30 minutes.

SECTION 73. DHS 163.13 (5) (intro.) and (a) and (b), (6) (b) 1. and 2. a. to c., and (7) (title) are

amended to read:

DHS 163.13 (5) REQUIREMENT FOR WRITTEN CONTRACT. A certified lcad company

shall have a written contract for all regulated activities performed for femunefatencompensation on

property not owned or controlled by the company conducting the work. The contract shall specify the

activities to be performed, comply with s. ATCP 110.05 and include the following:

(a) Information regarding the presence or absence of bonding or insurance coverage, including

workers compensation insurance. Where a representation is made that bonding or insurance will be in

effect while regulated activities are conducted, the lead-company shall provide proof before workbegins.

(b) For an abatement or on abatement lead based paint a lead hazard reduction activity

performed on registercd Icad safe property, or when clearance sampling will be conducted after arenovation activity, a statement regarding who is responsible for paying additional cleanup andclearance costs if clearance levels are is not met.

(6) (b). 1. ‘Prohibited actions.’ The employer or lead-company may not confiscate an individuals

original training certificate or certification card. The employer or lead company may not photocopy an

individual Tstraining certificate or certification card unless the photocopy is clearly labeled copy acrossthe face of it in order to discourage fraudulent or misleading use of the photocopy.

2. ‘Responsibility for certificate of approval.’ a. Each certified lead-company performing,

supervising or offering to perform or supervise a regulatedan activity regulated under this chapter shall
otherwise invalid certificate of approval to the department within 10 working days of the department

s

request. -

(7) (title) RESPONSIBILITY FOR VERIFICATION OF TRAINING AND CERTIFICATION.

SECTION 74. DHS 163.13 (5) (c) is repealed.

SECTION 75. DHS 163.13 (7) is renumbered DHS 163.13 (7)(a) and as renumbered is amended to

read:

DHS 163.13 (7) (a) Certification for regulated lead hazard reduction and lead investigation

activities. The lead company employing or contracting with persons conducting a regulated lead hazardreduction or lead investigation activity shall be a certified lead company and shall verify the certification

status of all individuals who will perf*miagpeform or supervising supervise those activities before the

start of the activity and may not use individuals who lack the required certificationSECTION 76. DHS 163.13 (7) (b) and (c) are created to read:

DHS 163.13 (7) (b) Training and certification for regulated renovation activities. The company

conducting a regulated renovation activity shall be a certified lead-safe company or certified lead

company and shall verify that individuals who will perform renovation activities are either certified

lead-safe renovators or have been properly trained by a certified lead-safe renovator in accordance with

DHS 163.14(11) on the work practices they will use to perform their assigned tasks. A certified leadabatement worker or lead abatement supervisor who completed department-approved lead-saferenovator, lead abatement worker or lead abatement supervisor refresher training after October 19, 2009is also qualified to perform the duties of a certified lead-safe renovator.

(c) Certified lead-safe renovator assigned. The company conducting a regulated renovation

activity shall assign a certified lead-safe renovator to each regulated activity who shall discharge allcertified lead-safe renovator responsibilities identified in this chapter. A certified lead abatement worker

or lead abatement supervisor who completed department-approved lead-safe renovator, lead abatement

worker or lead abatement supervisor refresher training after October 19, 2009 is also qualified toperform the duties of a certified lead-safe renovator.

SECTION 77. DHS 163.13 (9) is amended to read:

DHS 163.13(9) WORK CONDUCT. Upon receiving certification, individualslndividuals and

lead-companies conducting activities regulated under this chapter, and all persons working under their
before the individual may perform, supervise or offer to perform or supervise a lead hazard reduction or

lead investigation activity regulated under this chapter.

(b) An individual shall be associated with a certified lead-safe company or lead company under

s. DHS 163.12 by ownership, contract or employment before the individual may perform, supervise or

offer to perform or supervise a renovation activity regulated under this chapter.

(11) PRE-RENOVATION EDUCATION. A company shall ensure that the pre-renovation

education requirements under s. DHS 163.14 (10) are met before each renovation activity to be

performed, except that the pre-renovation information distribution requirements do not apply to

emergency renovations.

(12) NOTIFICATION OF COMPANY CHANGE. The company shall notify the department in

writing at least 10 working days before any of the following:

(a) The company name or address changes.

(b) The company ownership changes.

SECTION 79. DHS 163.14 (1) (c) 1. is renumbered DHS 163.14 (1) (c) and as renumbered is amended

to read:

DHS 163.14 (1) (c) Requirementfor supervision. When a lead abatement worker performs an

abatement activity, a lead abatement supervisor shall provide direct onsite supervision unless generalsupervision is allowed under subd. 2.

SECTION 80. DHS 163.14 (1) (c) 2. is repealed.

SECTION 81. DHS 163.14 (5) (a) I. to 3. are amended to read:

DHS 163.14 (5) CLEARANCE. (a) Who may conduct. 1. A certified lead hazard investigator,

inspector or risk assessor may conduct clearance for any lead hazard reduction and non abatement lead

based paint activity or renovation activity.

2. A lead sampling technician may conduct clearance for anon abatement lead based paint

activity when the clearance involves either a dwelling with fewer than 5 units or an individual dwelling

unit in a multi family dwelling with more than four units renovation or interim control activities.
by employment, contract or other agreement with the company that performs or pre-cleans the lead

hazard reduction or renovation activity being cleared.

2. The person conducting clearance may not communicateCommunicate to others the location

where clearance dust wipes will be collected.SECTION 83. DHS 163.14 (5) (b) 3. is repealed and recreated to read:

DHS 163.14 (5) (b) 3. Be the property owner, an immediate family member, agent or employee

of the property owner.SECTION 84. DHS 163.14 (5) (b) 4. to 6. are created to read:

DHS 163.14 (5) (b) 4. Be a company or associated with a company that is directly or beneficially

owned, controlled or managed by the property owner, or by an immediate family member, agent oremployee ofthe property owner.

5. Be a person hired by or under contract with, or authorized by, the property owner to manage

or maintain the property owner’s real property as directed by the property owner.

6. Be a person who has a financial interest in the laboratory results ofthe sampling.

SECTION 85. DHS 163.14 (5) (c) 3. a. , 4. a., 8. (intro.), and 10. (title), (intro.) and c. to e. are amended

to read:

DHS 163.14 (5) (c) 3. a. In at least 4 rooms, hallways, stairwells or other living areas within the

containment area, collect one dust sample from one interior windowsill or one window trough, if

available, and one dust sample from the floorsfloor. If there are fewer than 4 rooms, hallways, stairwells

or other living areas within the containment area, collect samples from one interior windowsill or one

window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or

other living areas within containment.

4. a. In at least 4 rooms, hallways, stairwells or other living areas in or near the work area, collect

one dust sample from one interior windowsill or one window trough, if available, and one dust samplefrom the floorsiloor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the

residential dwelling or child-occupied facility, collect samples from one interior windowsill or one

window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells orother living areas.
10. ‘Preparation of report following clearance of interim controls or renovation activities that—de

not involve abatement.’ Within 10 working days after clearance of interim controls or renovation

activities that do not involve abatement or within 10 working days after receipt of any requiredlaboratory results, whichever is later, prepare a written clearance report for submission to the person

who conducted the activities being cleared and to the property owner or the person who contracted forthe clearance. The report shall include all of the following information:

c. The name and address of each lead company, firm or organization conducting the interim

controls or renovation activities non abatement load based paint activity.

d. The name and department certification number ofthe person in charge of the work.e. A description of the non abatcment lead based paint activity interim controls or renovation

activities.SECTION 86. DHS 163.14 (10) and (11) are created to read:

DHS 163.14(10) INFORMATION DISTRIBUTION REQUIREMENTS FOR RENOVATION

ACTIVITIES. Except for emergency renovations, for which the pre-renovation information distribution

requirements do not apply, the requirements ofthis subsection shall be met as follows:

(a) Renovation activities in owner-occupied dwelling units. No more than 60 days before

beginning renovation activities in any residential dwelling unit oftarget housing, the companyperforming the renovation activities shall provide the owner of the unit with the pamphlet, and comply

with one of the following:

1. Obtain from the owner a written acknowledgment that the owner has received the pamphlet.

2. Obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.

(b) Renovation activities in non-owner-occupied dwelling units. No more than 60 days before

beginning renovation activities in any residential dwelling unit of target housing, the company

performing the renovation activities shall provide an adult occupant of the unit with the pamphlet, andcomply with one of the following:

1. Obtain from the adult occupant a written acknowledgment that the occupant has received the

pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling unit and that the
(c) Renovation activities in common areas ofmulti-family dwellings. 1. No more than 60 days

before beginning renovation activities in common areas of multi-family target housing, the companyperforming the renovation activities shall provide the owner with the pamphlet, and comply with one of

the following:

a. Obtain from the owner a written acknowledgment that the owner has received the pamphlet.

b. Obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.2. Provide information to each affected unit by complying with one of the following:

a. Notify in writing, or ensure written notification of, each affected unit and make the pamphlet

available upon request prior to the start of renovation. Such notification shall be accomplished by

distributing written notice to each affected unit. The notice shall describe the general nature and

locations of the planned activities; the expected starting and ending dates; and a statement of how the

occupant can obtain the pamphlet, at no charge, from the company performing the renovation activities,or,

b. While the renovation is ongoing, post informational signs describing the general nature and

locations ofthe renovation activities and the anticipated completion date. These signs shall be posted in

areas where they are likely to be seen by the occupants of all the affected units. The signs shall be

accompanied by a posted copy ofthe pamphlet or information on how interested occupants can review acopy of the pamphlet or obtain a copy from the company performing the renovation activities at no costto occupants.

3. Prepare, sign, and date a statement describing the steps performed to notify all occupants of

the intended renovation activities and to provide the pamphlet.

4. If the scope, locations or expected starting and ending dates of the renovation activities change

after the initial notification to occupants, and the company provided written initial notification to each

affected unit, the company performing the renovation activities shall provide further written notification

to the owners and occupants providing revised information on the ongoing or planned activities. This

subsequent notification shall be provided before the company performing the renovation activities

initiates work beyond that which was described in the initial notice.

(d) Renovation activities in child-occupiedfacilities. No more than 60 days before beginning

renovation activities the company performing the renovation activities shall:
of the child-occupied facility with the pamphlet, and comply with one of the following:

a. Obtain, from the adult representative a written acknowledgment that the adult representative

had received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility andthat the company performing the renovation activities has been unsuccessifil in obtaining a written

acknowledgment from an adult representative. Such certification shall include the address of the childoccupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the

persons delivering the pamphlet, reason for lack of acknowledgement (e.g., representative refuses to

sign), the signature of a representative ofthe company performing the renovation activities, and the date

of signature.

b. Obtain a certificate of mailing at least 7 days prior to the start ofrenovation activities.3. In any child-occupied facility, provide the parents and guardians of children using the childoccupied facility with the pamphlet and information describing the general nature and locations of the

renovation activities and the anticipated completion date by complying with one of the following:

a. Mail or hand-deliver the pamphlet and the renovation activities information to each parent or

guardian of a child using the child-occupied facility.

b. While the renovation activities are ongoing, post informational signs describing the general

nature and locations of the renovation activities and the anticipated completion date. These signs shall

be posted in areas where they can be seen by the parents and guardians of the children frequenting the

child-occupied facility. The signs shall be accompanied by a posted copy of the pamphlet or

information on how interested parents or guardians can review a copy of the pamphlet or obtain a copy

from the company performing the renovation activities at no cost to the parents or guardians.

4. Prepare, sign and date a statement describing the steps taken to notify all parents and

guardians about the intended renovation activities and provide the pamphlet.

(e) Written acknowledgment. The written acknowledgments required under pars. (a) 1., (b) 1., (c)

1. a., (d) I. a. and (d) 2. a, of this subsection shall:

1. Include a statement recording the owner’s, occupant’s or representative’s name and

acknowledging receipt of the pamphlet prior to the start of the renovation activities, the address of the

unit undergoing renovation, the signature of the owner, occupant or representative, as applicable, and thedate of signature.
1 Certified lead-safe renovators who work for a certified lead-safe company or lead company.

2. Persons trained by and under the supervision of a certified lead-safe renovator who works for

a certified lead-safe company or lead company.

3 Certified lead abatement supervisors or lead abatement workers who meet the training

requirements under s. DHS 163.11(2) (c) and work for a certified lead-safe company or lead company.

4. Persons licensed, certified or registered by the department of commerce under s. 101.178 or

ch. 145, Stats., who meet all the requirements under s. DHS 163.10 (1) (d) 2.

(b) Lead-safe work protocol When supervising or performing renovation activities, documented

methodologies shall be used to conduct work in a lead-safe manner that does not create lead-based paint

hazards, including work practices and engineering controls that limit the creation of dust and prevent the

spread of dust, debris and paint chips outside the work area, and shall comply with all requirementsunder pars. (c) to (L).

(c) Requirementfor supervision. The assigned certified lead-safe renovator, or another person

who meets the conditions of par. (a) 3. or 4., shall provide direct on-site supervision at all times duringworksite setup, including while posting warning signs and establishing work area containments, and

shall be onsite regularly during renovation activities to direct work performed by other individuals andto ensure that lead-safe work practices are being followed, that containment barriers are maintained andthat dust and debris do not spread beyond the work area. The certified lead-safe renovator shall be

readily available, either on site or by telephone, at all times while paint disturbing activities are beingconducted and, when off site, shall be able to return to the worksite within a reasonable time, about 30minutes, as needed.

(d) Requirementfor ensuring compliance. The company shall ensure that all renovation

activities are conducted according to the requirements of this section and all applicable federal, state andlocal government requirements are followed.

(e) Occupant protection. Documented methodologies and the following work practice

requirements shall be used to protect occupants when renovation activities are performed:

1. ‘Post signs.’ Signs clearly defining the work area and warning occupants and other persons not

involved in the renovation activities to remain outside the work area. To the extent practicable, thesesigns shall be in the primary language of the occupants. Signs shall be posted before beginning the work
containment shall be installed in a manner that provides safe access to restrooms and exits for occupants.Containment may not be constructed in a manner that would interfere with worker egress in an

emergency.

(f) Interior lead-safe work practices. The company shall ensure that documented methodologies

are used for all interior renovation activities and that all personal property in the work area is protectedfrom contamination by dust and debris, including all ofthe following:

1. Remove all objects from the work area, including furniture, rugs, and window coverings.

Objects that can not be removed shall be covered with plastic sheeting or other impermeable material

with all seams and edges taped or otherwise sealed.

2. Close and seal au duct openings in the work area with taped down plastic sheeting or other

impermeable material.

3. Close windows and doors in the work area. Doors shall be covered with plastic sheeting or

other impermeable material. Doorways used as the entrance to the work area shall be covered with

plastic sheeting or other impermeable material in a manner that allows workers to pass through while

confining dust and debris to the work area.

4 Cover floor surfaces in the work area, including installed carpet, with taped down plastic

sheeting or other impermeable material at least 6 feet beyond the perimeter of surfaces undergoing

renovation, or a sufficient distance to contain all dust, whichever is greater.

5. Use precautions to ensure that all personnel, tools, and other items, including the exteriors of

containers of waste, are free of dust and debris before leaving the work area.

(g) Exterior lead-safe work practices. The company shall ensure that documented

methodologies are used for all exterior renovation activities and that all personal property in the work

area is protected from contamination by dust and debris, including all of the following:

1. Remove all objects from the work area, including furniture and play equipment. Objects that

can not be removed shall be covered with plastic sheeting or other impermeable material with all seamsand edges taped or otherwise sealed.

2. Close all doors and windows within 20 feet of the renovation work area. On multi-story

buildings, close all doors and windows within 20 feet ofthe renovation work on the same floor as the
fabric capable of collecting dust and debris extending 10 feet beyond the perimeter of surfaces

undergoing paint disturbance or a sufficient distance to collect falling paint debris, whichever is greater,

unless the property line or neighboring structures prevent 10 feet of ground cover.

5. As a situation requires, the company shall take extra precautions to contain the work area to

ensure that dust and debris from renovation activities do not contaminate other buildings or areas of the

property or migrate to adjacent properties.

(h) Prohibited practices. The following work practices shall be prohibited or restricted during a

renovation activity:

1. Open-flame burning, torching or charring of paint is prohibited.

2. Operating a heat gun on paint at or above 1100 degrees Fahrenheit is prohibited.

3. Using a chemical paint stripper containing methylene chloride is prohibited.

4. Using machines to remove paint through high speed operation such as abrasive blasting,

sandblasting, needle gunning, or machine sanding, grinding or planing painted surfaces, is prohibited

unless the machine is operated with a properly fitted HEPA-filtered exhaust control in a fully contained

work area.

5. High-pressure water blasting or hydroblasting is prohibited unless it is conducted in a fully

contained work area with HEPA-filtered exhaust control and water collection system.

6. Using an improperly operating HEPA vacuum to clean up worksite dust, debris and paint

chips is prohibited.

7. Dry sweeping dust, debris or paint chips in a renovation work area is prohibited.

(i) Waste handling. Wastewater. air emissions and solid waste from renovation activities shall be

handled as follows:

1. Contained in the work area to prevent the release of dust and debris before removal for storage

and disposal. If a chute is used to remove waste from the work area it must be covered.

2. Stored in a container or enclosure at the conclusion of each work day that prevents access to

and release of dust and debris.