SECTION 116. DHS 163.25(11) (b) 8. is repealed.

SECTION 117. DHS 163.30 (1) arid (2) are amended to read:

OHS 163.30 General provisions. (1) DEPARTMENTAL ACTION. The department may initiate

an action in the name of this state against any person to require compliance with this chapter or forfailure or refusal to comply with any provision ofthis chapter.

(2) OTHER AGENCY ACTION. Any other state agency in the course ofthe performance of its

duties may determine that an individual, lead-company or training provider has violated or is violating

one or more requirements of this chapter. If that agency determines that there is a potential violation of

this chapter, the agency may notify the department of that potential violation. The department maydelegate all or part of its enforcement authority to any other state or federal agency through a

memorandum of understandiug.SECTION 118. DHS 163.31 (1) and (2) (d) and (h) are amended to read:

DHS 163.31 (1) EXECUTION OF A CONSENT AGREEMENT. In addition to an

administrative or judicial finding of violation, execution of a consent agreement in settlement of anenforcement action constitutesmay constitute, for purposes of this section, conclusive evidence of a

failure to comply with relevant statutes or rules.

DHS 163.31(2) (d) The person made false or misleading statements to the department in its

application for accreditation or reaccreditation, and the department relied upon those statements inapproving the app licatinn

(h) The person falsified records or failed or refused to establish, maintain, provide, copy or

permit access by an authorized representative of the department to records or reports.

SECTION 119. OHS 163.31 (2) (L) and (3) (c) are createdto read:

OHS 163.31 (2) (L) The person used an instructor to teach a course accredited under this chapter

who was not qualified to teach at thctime the course was offered.

(3) (c) The principal instructor failed to maintain the instructor approval or certification upon

which the approval was granted, before teaching a course accredited under Subchapter III.

SECTION 120. DHS 163.31 (4) (intro.), (L) and (n), (5) (b), and (6) (a) 3. are amended to read:
(n) The person failed or refused to comply with, or to ensure that employed or contracted

staf1bersoij. comply with, the work practice standards and protocols under this chapter.

(5) (b) A person whom the department determines is not fit andor qualified. In determining

whether a person is fit andor qualified, the department shall consider the person’s qualifications and any

history of civil or criminal violation of statutes, regulations or ordinances ofthe United States, this state,any other state or any tribal or local government substantially related to regulated activities or other

environmental remediation.

(6) (a) 3. Failure or refusal to comply with the work practice standards under s. DHS 163.14, or

to ensure that employed or contracted stafibersons comply with those work practice standards.

SECTION 121. DHS 163.32 (intro.) and (3) (intro.) are amended to read:

DHS 163.32 Enforcement actions. In addition to issuing letters ofinquiry, warning letters and

noncompliance statements, which are not appealable, the department may take one or more of the

following appealable actions for any reason stated under s. DHS 163.31 against a certified individual or

lead company, an approved training manager or instructor, a person offering an accredited training

eeufse-ef-a-pefsen-fequüed-te-eeaip1y-with-a-pfe4s4ewef-this-ehapteperson performing or offering toperform activities regulated under this chapter:

(3) CIVIL FORFEITURE. The department may impose a daily forfeiture of not less than $100

nor more than $1,000 for each violation against any person who violates a provision under this chapter,

fails to respond to a letter ofinquiry by the time specified in the order, continues to violate or resumes

violation of a provision for which notice was previously issued or fails to comply with an order issuedunder sub. (1) by the time specified in the order ifthe department provides written notice ofthe grounds

for a forfeiture and an explanation ofthe process under s. DHS 163.33 for appealing a forfeiture. Each

day of continued violation constitutes a separate offense. All of the following apply to a civil forfeiture:

SECTION 122. DHS 163.40 (1) is amended to read:

DHS 163.40 General provisions. (1) APPLICABILITY. This subchapter applies to property for

which a certificate of lead free or lead safe status is required based on notice that a child under 6 years

of age has an elevated blood lead level. This subchapter also applies to registered lead-free property and

registered lead-safe property, the property owners and the employees and agents of property owners of

registered lead-free property or registered lead-safe property, and persons perfoming lead-based paint

activities on registered lead-safe property.
property, paint shall be treated as lead-based paint unless the paint is proven to be lead-free. Provisions

under this subchapter that apply to paint or lead-based paint apply to all paint unless the paint is provento be lead-free.

3. b. Not a 1-eM-company or associated with a certified lead company that is directly or

beneficially owned, controlled or managed by the property owner, or by an immediate family member,

agent or employee of the property owner.

5. a. Using the procedures under s. DHS 163.14 f&)($), test the paint with an XRF and, ifthe

XRF reading is equal to or greater than 0.7 milligrams lead per square centimeter, determine that leadbased paint is present. If the reading is less than 0.7 milligrams lead per square centimeter, determine

that the paint is lead-free. When a reading is in the inconclusive range for the XRF used, treat the paint

as lead-based paint unless a paint chip sample taken under subd. 5. b. results in a determination that the

paint is lead-free.

SECTION 125. DHS 163.40 (4) is repealed.

SECTION 126. DHS 163.41 (2) (a) 2. d. is amended to read:

DHS :163.41(2) (a) 2. d. When a certificate of lead-free status is being sought for a premises that

is not a dwelling, such as a child-occupied facility, the locations inspected shall include all interior andexterior common areas for the real property associated with the premises where an occupant of the childoccupied facility might be exposed to a lead-based paint hazard.

SECTION 127. DHS 163.42 (2) (a) 2. d. and (3) (e) I. to 3., and (1) 1. are amended to read:

(2) (a) Lead-safe investigation protocol. 2. th When a certificate of lead-safe status is being

sought for a premises that is not a dwelling, such as a child-occupied facility, the locations investigated

shall include all interior and exterior common areas for the real property associated with the premises

where an occupant ofthe child-occupied facility might be exposed to a lead-based paint hazard.

(3) (e) Ensure appropriate certification. 1. When a property owner requests or allows an

abatement or lead investigation activity to be conducted, the property owner shall ensure that personsconducting the abatement or lead investigation activity are appropriately certified when certification isrequired under ss. DHS 163.10 and are affiliated with a certified company under s. DHS 163.12.

2. When a property owner requests or allows anon abatement lead baiied paint an interim

control or renovation activity to be conducted, the property owner shall inform persons conducting the
chapter.

(1) Follow work practice standards. 1. When a property owner requests or allows an interim a

non abatement lead based paint control or renovation activity to be conducted, the property owner shall

inform persons conducting the activity that they are required to comply with lead-safe work practicesunder s. DHSI63.44 because the property is covered by a certificate of lead se stntua 163.14(11).SECTION 128. DHS 163.42 (3) (02. is repealed.

SECTION 129. DHS 163.42 (3) (f) 3. a. to c. and (g) 1. are amended to read:

DHS 163.42 (3) (f) 3. a. When the property owner can demonstrate that the occupant received a

written rental agreement that prohibits the occupant from disturbing paint and performing lead bascd

paint activities on the property without certification.

b. When the property owner can demonstrate that the occupant received the property owner’s

written rules prohibiting the occupant from disturbing paint and performing lead based paint activitics

on the property without certification.

c. The property owner’s written rules for the property were posted where the occupant-should

reasonably have been expected to see the prohibition and the rules prohibit the occupant from disturbingpaint and performing lead based paint activities on the property without certification.

(g) Conduct clearance. 1. When a property owner requests or aHowsa non abatement lead based

paint-an interim control or renovation activity to be conducted, the property owner shall ensure that

clearance under DHS 163.14 (5) is conducted as required under s. DHS 16344 (3) (b).

SECTION 129m. DHS 163.43 and DHS 163.44 are repealed.

SECTION 130. Chapter DHS 163 Appendix A is amended to read:

Chapter DHS 163

APPENDIX A

Obtaining Applicable Federal, State and Local Government Requirements
minor repair and maintenance activities. EPA regulations under 40 CFR Part 745 Subpart L establishtraining course accreditation requirements, individual and company certification requirements, and work

practice standards for persons performing lead-based paint activities. Information on EPA lead

regulations isare available on the EPA website at “www.epa.gov/lead” or may be obtained from thedepartment.

2. The U.S. Housing and Urban Development Department (HUD) regulations under 24 CFR Part

35 provide requirements for controlling lead-based paint hazards in federally-assisted or federallyowned housing including training, lead-safe work practices and information distribution to occupants.

Such housing might be subject to additional requirements. For example, for some properties receivingfederal assistance, these regulations require that notice be given to occupants following lead hazard

reduction activities. Information on HUD lead regulations is are available on the HUI) website at“www.hud.gov/lead” or may be obtained from the department.

3. The U.S. Occupational Safety and Health Administration (OSHA), under 29 CFR Part 1926,

provides requirements for employers involved with lead in construction, such as persons performing

renovation activities in pre-1978 dwellingspjdipg. The regulations address issues such as safetytraining, personal protection and medical monitoring of employees. Selected portions ofthis regulation

follow. The full regulation and infonnation on OSHA regulations is available on the OSHA website at

www.osha.gov or may be obtained from the department. Electronic training on the OSHA regulation is

available at www.osha clc.gov/dts/octaioshasoftleadxWb.html.

SECTION 131. Chapter DHS 163 Appendix B (title) is amended to read:

Chapter DHS 163

APPENDIX B

Interim Controls

Chapter 11, HUD Guidelines for the Evaluation and Control of

Lead—Based Paint Hazards in Housing

nvw.hud.gov/offices/leadJIbp/hudguidelines/Ch1 1 .pdf

SECTION 132. Chapter DHS 163 Appendix C (title) is amended to read:

Chapter DHS 163
SECTION 133. Chapter DES 163 Appendix H (title) is amended to read:

Chapter DHS 163

APPENDIX H

Protecting Occupants

Chapter 8, HUD Guidelines for the Evaluation and Control of

Lead-Based Paint Hazards in Housing

www.hud.2ov/offices/Iead/lbp/hudguidelines/Ch08.pdf

SECTION 134. Chapter DES 163 Appendix I (title) is amended to read:

APPENDIX I

Working Lead-Safe

Chapters 4 and 17, HUD Guidelines for the Evaluation and Control of

Lead-Based Paint Hazards in Housing

www.hud.gov/officcs/leadllbp/hudguidelines/Ch04.pdf

www.hud.gov/offices/leadfIbp/huduidelines/Ch17.pdf

SECTION 135. The following Notes are repealed.

DES 163.03 (1) (c), (42), and (82) NotesDHS 163.10 (1) (c) 3., (2) (a), (5) (c) 2. and (g) 1. g., and (8) b) 4. Notes

DHS 163.12 (3) (a) 1. e. and 2. b. NotesDHS 163.13 (4) Note

DHS 163.20 (8) (c) 7. and (e) Notes
room, laundry room, recreation room, playground, community center, garage and boundary fence.

DHS 163.03 (18) Note: Containment is more than simply laying plastic on the floor. For interior

work involving an abatement or non abatement lead bused paint activity that creates large amounts of

dust, appropriate containment would include hanging vertical plastic sheeting to create a temporary wall

barrier between the work area and the rest of the house, with an airlock entryway. For additional

information on appropriate containment, refer to Appendix H of this chapc 1Chapter 8, Resident

Protection and Worksite Preparation, of HUD’s Guidelines for the Evaluation and Control for LeadBased Paint Hazards in Housing.

flITS 163.03 (26) Note: Washing or vacuuming painted surfaces does not, by itself, disturb paint

unless the method used dislodges paint, such as by power washing. Although removal of a carpet does

not disturb paint, the removal of a carpet contaminated with dust-lead or paint chips can create a high

dust lead based paint igjhazard.

DHS 163.03 (29) Note: Examples of documented methodologies include the following: The

U.S. Department of Housing and Urban Development (FEUD) Guidelines for the Evaluation and Controlfor Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint Hazards

in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and LeadContaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA

report numbtr7474-R-95-001); Wisconsin Childhood Lead Poisoning Prevention and ControlHandbook; regulations, guidance, methods or protocols issued by States and Indian Tribes that have

been authorized by EPA; and other equivalent methods and guidelines. For non-abatement lead-based

paint activities, additional documented methodologies include: HUD’s Lead Paint Safety, A Field Guide

for Painting, Home Maintenance, and Renovation Work and-LEPA’s Lead In Your Home: A Porent’s

Reference Guide Renovate Right pamphlet and Small Entity Compliance Guide to Renovate Right:

EPA’s Lead-Based Paint Renovation. Repair and Painting Program. To request federal Federaldocuments, contact HUD USER by telephone at 800 245 2691 or the National Lead Information

Clenghouce by telephone at 800 42 5323 or by fc at (202) 659 1192 may be downloaded from the

HUD website at www.hud.gov/offices/Iead or from the EPA website at www.epa.gov/lead.

DHS 163.03 (103) Note: The Wisconsin Department of Natural Resources (DNR) standard for

nonindustrial lead in soil under NP. 720.11, Table 2, is 50 parts per million For additional information,

contact the DNR at 608 266 5425.

DHS 163.10 (3) (a) 4. Note: Use this subsection and subs. (4) to (7) to apply for certification in a

discipline for the first time or after certification in the discipline has lapsed for 12 months or more. Use
notify the Department about a course scheduled on anprovide emergency bacis course notification lessthan 10 working days before the start date or to revise or cancel a notification less than 2 working daysin advance, phone 608-261-6876 or fax 603 266 9711.

DHS 163.32 (6) Note: Pursuant to s. 254.30 (2) (b), Stats., any person who knowingly violates

any provision of this chapter or an order issued under sub. (3) shall be subject to criminal penalty andshall be fined not less than $100 or more than $5,000 per day for each violation. The court may also

place the person on probation under s. 973.09, Stats., for a period not to exceed 2 years.

SECTION 137.The following Notes are repealed and recreated to read:

OHS 163.02 (2) Note: Submit your request for approval of an alternative to a requirement to the

Asbestos and Lead Section, Room 137, 1 W. Wilson St., P.O. Box 2659, Madison, WI 53701-2659; email dhsasbestosleadwisconsin.gov; or fax 608-266-9711.

OHS 163.03 (96) Note: A list of recognized laboratories is available on the department website

at www.dhs.wisconsin.gov/lead, or write Asbestos and Lead Section, Room 137, P.O. Box 2659,

Madison, WI 53701-2659; e-mail dhsasbestosleadwiseonsin.gov; ph. 608-261-6876; or fax 608-266-9711.

OHS 163.10 (3) (c) 1. b. Note: To obtain a copy ofthe regulatory worksheet and regulations,

write or phone the Asbestos and Lead Section, 1 W. Wilson St., Room 137, P.O. Box 2659, Madison,WI 53701-2659; e-mail dhsasbestosleadwisconsin.gov; ph. 608-261-6876; or fax 608-266-9711.

Return the completed worksheet, application and certification fee to the same office.

OHS 163.10 (3) (c) 3. b. Note: Application forms are available on the department website at

www.dhs.wisconsin.gov/lead; or by email to dhsasbestoslead@wisconsin.gov; ph. 608-261-6876; or atthe Asbestos and Lead Section, 1 W. Wilson St., Room 137, P.O. Box 2659, Madison, WI 53701—2659.

Return the completed application and fees to the same office.

DHS 163.10 (5) (g) 4. Note: Application and credit card payment forms are available on the

department website at www.dhs.wisconsin.gov/lead; email dhsasbestosleadwisconsin.gov; ph. 608-261-6876; fax 608-266-9711; or Asbestos and Lead Section, 1 W. Wilson Street, Room 137, P.O. Box2659, Madison, WI 53701-2659.

DHS 163.10 (8) (c) 6. Note: Application and credit card payment forms are available on the

department website at www.dhs.wisconsin.gov/lead; email dhsasbestosleadwisconsin.gov; ph. 608-
DHS 163.12 (6)2. Note: Application and credit card payment forms are available on the

department website at www.dhs.wisconsin.gov/lead; email dhsasbestosleadwisconsin.gov; ph. 608-

261-6876; fax 608-266-9711; or Asbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box2659, Madison, WI 53701-2659.

BUS 163.13 (8) (c) 5. Note: Summary forms are available on the department website at

www.dhs.wisconsin.gov!lead, email dhsasbestoslead@wisconsin.gov; ph. 608-261-6876; fax 608-266-

9711; or Asbestos and Lead Section, Room 137, 1 W Wilson St, P.O. Box 2659, Madison WI 53701-2659. Return completed summary forms to the same office.

DHS 163.14 (2) (b) 4. Note: Department notification forms are available on the department

website at www.dhs.wisconsin.gov/lead; email dhsasbestoslead@wisconsin.gov; ph. 608-261-6876; fax

608-266-9711; or Asbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison,WI 53701-2659.

BHS 163.14 (5) (c) 1. e. Note: A list of recognized laboratories is available on the department

website at www.dhs.wisconsin.gov/lead. Request a copy ofthe clearance form or submit a completed

form to Asbestos and Lead Section, Room 137, 1 W Wilson St. P.O. Box 2659, Madison WI 53701-

2659; email dhsasbestoslead@wisconsin.gov; ph. 608-261-6876 or fax 608-266-9711.

DHS 163.21 (1) Note: Course application forms, instructions for submitting course applications

and credit card payment forms are available at Asbestos and Lead Section, Room 137, 1 W Wilson St,

P.O. Box 2659, Madison WI 53701-2659; email dhsasbestosleadwisconsin.gov; ph. 608-261-6876; or

fax 608-266-9711. Submit completed course applications with all required materials and payment to the

same office.

BUS 163.21 (7) (b) Note: Instructor application and credit card payment forms are available at

Asbestos and Lead Section, Room 137, 1 W Wilson St, P.O. Box 2659, Madison WI 53701-2659; emaildhsasbestosleadwisconsin.gov; ph. 608-261-6876; or fax 608-266-9711. Submit completed

applications with payment to the same office.

DHS 163.23 (3) (d) Note: Application and credit card payment forms are available on the

department website at www.dhs.wisconsin.gov/lead; email dhsasbestosleadwisconsin.gov; ph. 608-26 1-6876; fax 608-266-971 1; or Asbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box

2659, Madison, WI 53701-2659.

0115 163.24 (2) (b) 2. Note: Training manager application forms are available on the department

website at www.dhs.wisconsin.gov/lead; email dhsasbestosleadwisconsin.gov; ph. 608-261-6876; fax
DHS 163.25 (3) (a) Note: Contact the department for instructions for completing online course

notifications at email dhsasbestosleadwisconsin.gov; ph. 608-261-6876; fax 608-266-9711; orAsbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659.

DHS 163.25 (7) (e) Note: To notify the Department of changes, contact the Asbestos and Lead

Section, Room 137, 1 W. Wilson St., P.O. Box 2659, Madison, WI 53701-2659; e-mail

dhsasbestosleadwisconsin.gov; ph. 608-261-6876; or fax 608-266-9711.

DHS 163.42 (3) (b) 5. Note: The lead-safe information pamphlet, registered lead-safe property

poster and the form for reporting deteriorated paint and potential lead-based paint hazards may be

obtained from the department website at www.dhs.wisconsin.gov/lead; email

dhsasbestosleadwisconsin.gov; ph. 608-261-6876; fax 608-266-9711; or Asbestos and Lead Section,

Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659.

DHS 163.41 (2) (1) 3. Note: The department will provide training to lead company staff on the

process for registering and issuing a lead-free or lead-safe certificate. For information about this

training, contact the Asbestos and Lead Section, Room 137, 1 West Wilson Street, P.O. Box 2659,Madison, WI 53701-2659; e-mail dhsasbestosleadwisconsin.gov; ph. 608-261-6876; fax 608-266-

97 11.

DHS 163.42 (3) (d) 4. f. Note: Submit any extension request to the Asbestos and Lead Section,

Room 137, 1 West Wilson Street, P.O. Box 2659, Madison, WI 53701-2659; e-mail;

dhsasbestosleadwisconsin.gov or fax 608-266-9711.

SECTION 138.The following Notes are created to read:

DHS 163.03 (22g) Note: Razing an entire building is not considered renovation for purposes of

this chapter.

DHS 163.03 (85m) Note: See definitions of ‘demolition’ and ‘renovation.’

UHS 163.10 (1) (c) 1. Note: Section 101.178, Stats., relates to department of commerce

certification of heating, ventilating and air conditioning installers and servicers. Chapter 145, Stats.,

relates to department of commerce licensure of master plumbers and journeyman plumbers, registration

of apprentice plumbers, licensure of automatic fire sprinkler system installers, registration of automatic

fire sprinkler system apprentices, and registration of automatic fire sprinkler fitters for maintaining an

existing automatic fire sprinlcler system.
discipline begiiming October 19, 2009. An individual certified or trained as a lead-safe worker beforeOctober 19, 2009 may continue to work as a lead-safe worker until April 22, 2010. An individual

certified or trained as a lead-safe worker may convert to the lead-safe renovator certification after

October 19, 2009 by completing training under s. DHS 163.11(3) (b) 3. before, or within 12 monthsafter April 22, 2010, and submitting the lead-safe renovator certification application and fee to the

department. Afler April 22, 2011 an individual certified or trained as a lead-safe worker who has notcompleted lead-safe renovator refresher training must complete the 1-day initial lead-safe renovation

course and submit certification application and fee to the department in order to become a certified leadsafe renovator.

DHS 163.10 (5) (h) 4. Note: Submit application and fee to the Asbestos and Lead Section,

Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659, or fax to 608-266-9711. For

application submitted by fax, payment may be made only by credit or debit charge to a VISA or

MasterCard.

DHS 163.10 (8) (c) 6. Note: Submit application and fee to the Asbestos and Lead Section, Room

137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659, or fax to 608-266-9711. For

application submitted by fax, payment may be made only by credit or debit charge to a VISA or

MasterCard.

DHS 163.12 (3) (b) 3. Note: Submit application and fee, if applicable, to the Asbestos and Lead

Section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 5370 1-2659, or fax to 608-266-9711. For application submitted by fax, payment may be made only by credit or debit charge to a VISA

or MasterCard.

DHS 163.12 (6) 2. Note: Submit application and fee to the Asbestos and Lead Section, Room

137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659, or fax to 608-266-9711. For

application submitted by fax, payment may be made only by credit or debit charge to a VISA or

MasterCard.

P118 163.14 (2) (b) 4. Note: Submit notifications to the Asbestos and Lead Section, Room 137,

1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659, fax 608-266-9711 or email

dhsasbestosleadwisconsin.gov.

DHS 163.14 (10) (b) 1. Note: Possible reasons for failing to get written acknowledgement of

receipt ofthe pamphlet include that the occupant refused to sign or that no adult occupant was availableto sign the acknowledgement statement.
application submitted by fax, payment may be made only by credit or debit charge to a VISA or

MasterCard.

DHS 163.24 (2) (b) 2. Note: Submit application to the Asbestos and Lead Section, Room 137, 1

W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659.

DHS 163.24 (3) (b) 7. d. Note: Submit application and fee to the Asbestos and Lead Section,

Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659, or fax to 608-266-9711. For

application submitted by fax, payment may be made only by credit or debit charge to a VISA or

MasterCard.

SECTION 139. EFFECTIVE DATE: The rules contained in this order shall take effect as emergency

rules October 19, 2009.

Wisconsin Department of Health Services

Dated: October 13, 2009

Karen E. Timberlake, Department Secretary

SEAL: