Di-IS 16302 Scope.DOS 163.1)3 Definitions.

Subchapter It—--- Certification of Persons to Perlhrnt Lead ITazard Reduction

Activities sir Lead Identification Activltias

DOS 163.10 Certification of sit individual.

DOS 163.11 Cer tificalion training requirements.DOS 163,12 Certification of a lead company.DOS 163.1:1 Responsibilities of certified persons.

OHS 163.14 Work practice standards.DOS 163.15 Lead--based paint hazard standards.

Subchapter III Accreditation of Lend Training Courses and Approval ofTraining Managers and Instructors01-IS 163.20 Accreditation requirements.

DOS 163.21 Application for accreditaliost.

DOS 163.22 Accreditation eroceduren.

OIlS 163.25 Administrative responsibilities of [raising managers.

Subchapter TV

— Enforcement

DOS 163.30 General provisions.DOS 163.31 Reasons for enforcement tsrtions.DOS 163.32 Enforcement actions.DOS 163.33 Appeal.

Subchapter V — Registry of Properly with Certiticates of Lead—Free Statusor lead--Safe Status01-iS 163.40 General provisions.DOS 163.41 Certificate of lead-free status.

DOS 63.42 Certificate of lead--safe status.01-IS 163.43 Certification to perlbem non—abatement lead—based paint activities

on registered lead-salt property.

OHS 163.44 Work practice standards for non—abatement lead—based paint activi

ties.

Note: C3-sapter 1-IFS 163 nan crested as an emergency rule effective t’ebntarv It,

1997 and was created as a permanent rule Regiater, October. 1997, No. 51t2, effective

November 1, 1997. Chapter I-IFS 163 was repealed and recreated by emergrncy roleeffective August 29, 1998. Chapter 1-IFS 163 as it existed on April 30, 1999 wasrepealed and a new chapter I-IFS 163 was created, Register, April. t999, No. 520,

effective May 1. 1999. Chapter HFS 163 as it existed oa Februar 28. 2(102 wasrepealed and a new chapter 1-IFS 163 was created, Register Febritary 2002 No. 554.effective March 1, 21)02. Chapter IIFS 163 was renumbered chaptet’ 0185 t63under a. 13.92 (4) (b) I., Stats., and corrections made under s. 13.92 (4) (5) 7.,Stats’., Register January 2009 No. 637.

Subchapter I — General Provisions

OHS 163.01 Authority and purpose. (1) GENERAL.

This chapter is promulgated under the authority of ss. 250.04 (7),

250.041, 254.115, 254.15, 254.167, 254.172, 254.176 (1) arid (3).

254.178 (2) and 254.179, Stats.

(2) ACTIVITIES INVOLVING TARGET HOUSING AND CHILO—OCCU

POll) FACIUTIES. This chapter is intended to ensure that persons

who perform lead hazard reduction activities or lead investigation

activities do so safely to prevent exposure of building occupantsto hazardous levels oflead. This is accomplished by requiring anindividual to be trained and certified under s. DHS 163.10 before

the individual performs, supervises or offers to perform or super

vise specified lead hazard reduction or lead investigation activi

ties involving target housing or a child—occupied facility or thereal property on which the target housing or child—occupied fucil

ity stands. In additiott. the certified individual is required to be

associated with a lead company certified by the department unders. 1)1-IS 163.12. Subchapter II also requires that a training course

that is represented as qualifying any person for certification to perform lead abatement or lead investigation activities be accredited

by the department before the training course is offered, advertised

or conducted and that training managers and principal instructors

be separately approved by the department. Subchapter Ii farther

provides for the accreditation of lead—safe work courses.

(3) AcTIvtTtPs INVOLVtNG RP.GtSTEREI) t.EAt)--FREI( PROPERTY

AND REGISTERED LEAD—SAFE PROPERTY In addition to rec.uirements

under sub. (2), and subject to exceptions under s. DHS 163.43, aperson who disturbs lead—based paint on registered lead—safeproperty shall successfully meCt the requirements of this chapter

and have documentation of cernfication issued by the department

before performing. supervising or offering to perform or super

vise a notl—-abatement lead-based paint activity on registered

lead-safe property. In addition, this chapter establishes standardsfor registered lead—free and registered lead—safe property that

encourage long—term lead hazard reduction, procedures for deter

tnsnmg whether a property meets the standards, and procedures

for issuing and maintaining certificates of lead—free status and

lead—safe status.

History: CR 00—172: Cr. Register February 2002 No. 554, effi 3—1—02.

DHS 163.02 Scope. (1) APPI.IcABILITY. (a) This sub

chapter, subchs. II and IV apply to a person performing, supervising or offering to perform or supervise a lead hazard reductionactivity or lead investigation activity involving target housing or

a child—occupied facility or the real property on which the targethousing or child—occupied facility stands, when certification isrequired under s. DNS 163.10 (1), and to a per-son performing an

activity involving lead--based paint or a lead hazard when certification is required tinder a grant, contract or under an order issued

by a court, the department, another state agency or a local agency.

Persons certified under this chapter are also required to conduct

activities in a manner that does not increase the hazards from lead—

based paint to building occttpants.

(b) This subchapter, subchs. Iii and IV apply to a training

course that is ofibred, advertised, conducted or taught leading to,or intended to lead to, certification under this chapter, and to the

training manager and instructors for the training course.

(c) in addition to provisions under suhchs. ito IV that apply

to target housing and child—occupied facilities, suhch.

V applies

to real property for which a certificate oflead—free status or lead—

safe status has been issued. Subject to the certification exceptions

tinder s. DHS 163.43. subchs. IV and

V also apply to a person per

forming, supervising or olrering to perfbrm or supervise a non---

abatement lead—based paint activity on registered lead—safe property.

(2) APPROVED ALrERs-A FtVE TO A RIiQuREMENT. The depart

ment may approve an alternative to any requirement in this chap

ter that is not a statutory requirement when the department is provided with lisfactory written proof that the alternative is as

protective of human. health and the environment as the original

requirement.

A request for approval of an alternative shall be in

writing, shall be sent to the department and shall include justificatictn for the alternative. The department shall approve or deny the

alternative or request additional information within 20 workingdays nf receipt ofthe request for approval. If granted, the department shall send the applicant a written notice o-f approval that mayinclude limits on the approval.

Rrgister, .Iastuary. 2009, l’to. 637
paint hazard, as follows:

1. Removal of’ lead••ba.sed paint or dust-lead,

2. Enclosure or encapsulation of lead—based paint.3. Removal of lead-based painted surfaces or fixtures.

4. Removal or covering of lead—contaminated soil.

5. All preparation associated with the activities in subds. I.

to4.

6. -Cleanup associated with the activities in subds. I. to 4.7. Preparation for disposal of waste from the activities in

subds. I. to 4.

(b) The following projects:

1. A project involving target housing or a child—occupied

facility conducted under a written contract or other documenta

tion that indicates the project meets one ofthe following criteria:

a. The project will result in the permanent elimination of a

lead—based paint hazard.

b. The project is intended to permanently eliminate a lead--

based paint hazard and includes one of the activities described inpar. (a).

2.

A project resulting in the perniax.tent elimination of a lead—

based paint hazard, conducted by a person certified by the department under this chapter, unless the project is covered by par. (c).

3.

A project resulting in the permanent elimination of a lead—

based paint hazard, conducted by persons who, through theirname or promotional literamre, represent, advertise or hold them

selves out to be in the business ofperforming abatement activitiesas identified and defined by this section, unless the project is covered by par. (c).

4.

A project conducted in response to a state or local govern

ment abatement order that results in the permanent eiiminanon of

a lead—based paint hazard.

5. A project conducted in response to a request for an abate

ment activity or which the contractor claims to be an abatement.

(c) “Abatement” does not include measures and activities

intended to temporarily, but not permanently, reduce lead—based

paint hazards. Furthermore, “abatement” does not include activi

ties that are intended solely to repair, restore or remodel a given

structure or dweilir.tg, even though these activities may incidentally result in a reduction or elimination of lead--based paint hazards.

Note: htterinr control activities and standard treatments, terms used in some fed—

ersl and local resulaiioss cccl publicatissna are:

Abatement activities if they are intended to pertstaeently reduce a lead—-based

paint hazard;

2. Noe--abatemeos leart--based paint activities if they are intended to temporarily

reduce a cast—based paint hazard and also disturb lead—based paint: nest

3. Other activities not regsrtated under this chapter if they are intended to tempo

rarily reduce a lead--based paint hazard and do not disturb lead--based pabst.

(2) “Accreditation” means an approval status granted by the

department to a trait.iing course meeting the requirements undersubchs. I and Ill. Accreditation may be either contingent accredi.

tation or full accreditation.

(3) “Accreditation audit” means an audit of a training course

or training course records conducted by department staffto review

for compliance with this chapter.

(4) “Adequate quality control” means a plan or design which

ensures the authenticity. integrity and accuracy of samples,

pavement or similar covering.

(8) “Certificate oflead—free status” or “lead—free certificate”

means a certificate issued under this chapter by a certified lead

inspector or risk assessor, and registered with the department that

documents a finding by the inspector or risk assessor that a premises, dwelling or unit of a dwelling is free of lead--bearing paint asof the date specified on the certificate.

(9) “Certificate of lead—safe status” or “lead—safe certificate”

means a certificate issued under this chapter by a certified lead

hazard investigator or risk assessor, and registered with the

department that documents that the hazard investigator or riskassessor detected no lead—based paint hazards affecting the premises, dwelling or unit ofthe dwelling on the date specified on the

certificate.

(10) “Certification” means an approval status granted by the

department to an individual or lead company meeting the conditions for certification under this chapter.

(11) “Certification examination” means a written, closed--

book examination that evaluates the applicant’s knowledge of

information necessary to properly perform work in a specific discipline and is administered to an applicant for certification by the

department or a person under the authority of the department.

(12) “Certification period” means the period oftOne for which

certification is granted by the department.

(13) “Child—occupied facility” means any oftile following:(a) A. facility licensed by the department to provide day care

services.

(b)

A public or private school or preschool attended by chil

dren younger than 6 years of age, including a state—operated residential treatment center.

(c)

A building or portion of a building constructed prior to

1978, visited by the same child under 6 years of age, on at least 2

different days within any week, Sunday through Saturday, pro

vided that each day’s visit lasts at least 3 hours and the combinedannual visits last at least 60 hours, except that for purposes of subchapter \i a dwelling is not a child—occupied facility unless educa

tional or daycare services are provided to a child who is under 6years of age and not an immediate. -family member.

(14) “Clearar.tce” means the actions taken after a lead—based

paint activity to make a final determination that the dust—lead levels are below the clearance levels.

(15) “Clearance level” means the value under s. DES 163.14

(5) (c) 8. that indicates the maximum amount oflead permitted in

dust on a surface following completion of a lead--based paintactivity.

(16) “Common area” means a portion of a building, the land

on which the building stands and other improvements on that land

that are generally accessible to occupants of the building.

Note: Examples of cotsstnon areas are a hallway, stairway. sundry room, recre

ation room, playground, cotmnunitv center, garage and boundary fence.

(17) “Component” means a -specific design, architectural or

structural element or fixiure of a structure that is distinguishedfrom another component by form, function or location. Interior

cot.nponents include ceiling, crown. molding, wall, chair roil, door,door trim, floor, fireplace, radiator or other heating unit, shelf,shelfsupport. stair tread, stair riser, stair stringet newel post, roiling cap, balustrade, window and trim (including sash. window

Register, January, 2009, No. 637
or released during activities are riot spread, blown or tracked from

inside to outside of the work area.

Nots Containment is more than simply laying plastic on the floor. For interior

work involving an abatement or non-abatement lead--based paint activity that crcatmlarge amounts of dust, appropriate containment would include hanging plastic sheet

ing to create a barrier between the work area and the test of the house, with an airlockentrywaY. For additional inibrnratioo on appropriate contsintnent. refer to Chapter5, Resident Protection atid Workaite Preparation, of MUD’s Guidelines for the Evah,

atitrn and Control for Lead—Based Paint Hazards in Housing.

(19> “Contingent accreditation” means a temporary approval

status granted by the department to a training course for a specific

discipline on the basis of a desk audit of accreditation application

materials for compliance with this chapter.

(20) “Course agenda” means art outline ofthe key topics to be

covered during a training course, including the time allotted to

teacl.t each topic.

(21) “Course test” means a written, closed—book test adminis

tered by a training provider at the end of a course that is intendedto evaluate trainees’ knowledge and retention ofthe course learning6bjectives.

(22> “Course test blueprint” means written documentation

identib,ring the proportion of course test questions devoted to each

major course learning objective.

(23) “Department” means the Wisconsin department of health

services.

(24) “Deteriorated paint” means paint that is cracking, flalc

ing, chipping, peeling, chalking or otherwise separating from the

substrate of a building component or from underlying paint on a

component. “Deteriorated paint” does not include paint where

nail holes, hair—line cracks, or small nicks or scratches are present,

provided all layers of paint remain securely bonded.

(25) “Direct supervision” means supervIsion by an individual

who is on—site and readily available to observe assist.

(26) “Disturb” means to break up, burn, crush, cut into, dis

solve, sand, scrape, ttbrade or otherwise manipulate a painted sur

face in a manner that generates dust--lead or tlebrts.

Note: Washing or vacuuming painted surfaces does riot, by itselt, 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 can create a high dust lead based paint hazard.

(27) “Discipline” means one of the specific job categories in

s. DHS 163.10 (2) or 163,43 for which individuals are trained and

become certified by the department.

(28) “Distinct paint history” means the paint application his

tory, as indicated by its visual appearance or a record of the

application of paint or other surface coatings to a component or

room.

(29> “Documented methodologies” means written protocols,

standards or methods that are generally used and accepted for cot

ducting regulated activities.

Note: Exantpleaofdocumenttid methodologies theIstic the following: The U.S.

Deparinrent of l-Jouaing and Urban Development (HUDi Guidelines for tire Evaluation and Control for Lead—listed Paint Hazards itt l-iotrsisg.: the EPA Guidance on

Resrdential lead--Based l’atnt l-lazarcls in Housing; the EPA Guidance ott Residential

limed Paint, Lead---Contatttinaied Dast and Lead--Contaminated Soil; the CPA

Residential Sampling Stir Lead: Protocols ftrr Dust and Soil Sampling (CPA reportnutnber 7474---R----95----OOi); Wisconsin Childhood t.ead m-’oisonisg J’reventios andControl Handbook; regulations, guidance methods or protocols issued isy States and

lndiatt ‘fribes that have i,een authorized by E:i’A; and other equivaietrt niethotis arid

guidelines. For non---abatcmetrt lead—-based paint activities, additional docurtten!eclmethodologies inelsde

HtJDs Lead Paint Safety, A Field Guide Hr Painting. I-tome

Maintenance, and Renovation Work and EPA’s Lead Its Your Home: A Parent’s Ref.erencc Guide. Tp reqisest federal documents, contact i-lt.Jt) USER by telephone at

vinyl flooring, siding, paneling, aluminum coil stock, plaster

board or plywood.

(33) “Dust lead” means dttst that contains lead..(34) “Dust—lead hazard” means dust that contains a dust—lead

loading equal to or exceeding the level under s. DI-lS 163.15.

(35) “Dust sample” means a sample of dust collected using a

documented methodology, such as a dust wipe sample or vacuuansampling.

(36) “Dust wipe sample” means a sample of dust collected by

wiping a representative surface of a known area with an accepta

ble wipe material, such as a moist towelette.

(37) “Dwelling” means any structure, all or part of which is

used or intended to be used for human habitation as a home or residence.

A dwelling includes a structure that is being converted to a dwelling or that is intended for human habitation but is cun’ently

vacant.

(38) “Dwelling unit” means that part of a structure that is

designed, used or intended to be used for human habitation by oneor more persons maintaining a common household.

(39) “Elevated blood lead investigation” means the environ

mental investigation activities conducted in response to a reportof a lead poisoning and intended to identif’ lead hazards that may

contribute to the lead poisoning,

(40) “Elevated blood lead level” means a level of lead in blood

that is any ofthe following:

(a) Twenty or more micrograms per 100 milliliters of blood,

as confirmed by one venous blood test.

(b) Fifteen or more micrograms per 100 milliliters of blood as

confirmed by 2 venous blood tests tl.lat are pet-formed at least 90

days apart.

(41) “Employee” means an individual who an employer can

require or direct to engage in any employment, or to go to workor to be at any time in any place of employment, except that anemployee does not include an individual wltose sole relationship

with the employer is contractual and limited to performing periodic services for which the individual, not the employei controlsthe means and method of performing the services and the individ

ual meets the criteria under s. 108.02 (12) (b) 1. and 2., Stats.

(42) “Encapsulant” means a covering or coating that forms a

barrier between lead--based paint and the environment using an

adhesively bonded covering material or a liquid—applied coating,

with or without reinforcement materials.

Note: ‘fhere are currently no national standards Stir liquid r,tcapstriarrta, bet goitre

stales approve encapsulants. Contact the National Lead Infitrmation Center at

1—800-424-5323 for the telephone numbers ofstates with lists of approved ercapsu.

iants.

(43) “lincapsuiatiom.t” means the process of creating a barrier

between lead--based paint and the environment by the applicationof an encapsulant.

(44) “Enclosure” means the use of rigid, durable materials

that are mechanically fastened to the substrate, component or

building structure, with all edges, joints and seams sealed in order

to act as a dust—tight barrier between lead—based paint and theenvironment.

(45) “EPA” means the U.S. environmental protection agency.(46) “Friction surface” means an interior or exterior surface

that is subject to repeated abrasion or friction during use, includ

ing certain surfaces of windows, floors arid stairs.

Register; January, 2009. No. 0-37
principal instructor with hands

on activities or work practice

components of a course.

(50) “Hands—on skills assessment” means an evaluation of a

trainee’s ability to satisfactorily perform hands--on skills taught ina training course.

(51) “Hazardous waste” means a solid waste that fits the deli

nitio.n of hazardou.s waste in s. NR Evil .03 and that is not excluded

by the provisions of s. NR 661.04.

(52) “HE.PA filter” means a high efficiency particulate air fil

ter that removes particles of 0.3 microns or larger from the air at

99.97 percent or greater efficiency.

(53) “l1EPA vacuum” means a vacuum cleaner device with an

integral HEPA filter through which th.e contaminated air flows

when the cleaner is operated according to instructions from the

manufacturer.

(54) “lIUD” tneans the U.S. department of housing and urban

development.

(55) “immediate family” means any of the following:

(a) Spouse.(b) Children, stepchildren, grandchildren, foster children.

(c) Parents, stepparents, grandparents, foster parents.(d) Sons—in—law or daughters-in—law.

(e) Brothers and their spouses.(I’) Sisters and their spouses.(g) Aunts and uncles.(56) “impact surface” means an interior or exterior surface

that is subject to damage by repeated force during use, such as

doors to certain parts of doorframes.

(57) “Initial certification” means the first certification that the

department grants an individual for a specific discipline or a certification the department grants after a lapse in certification of 12

months or more.

(58) “Interim certification” means a temporary status the

department may grant to an. individual who has applied for and is

qualified to take a certification examination but is not yet eligiblefor initial certification.

(59) “Interior windowsill” or “window stool” means the por

tion of the horizontal window ledge adjacent to the interior sideof the window sash when the window is closed. On older homes,

the interior windowsill frequently protrudes into the interior of theroom.

(60) “Lead” r.neans the metallic element known by the symbol

“Pb” in the periodic table of chemical elements.

(61) “I,ead—based paint” or “lead—hearing paint” means paint

or any other surface coating material containing more than 0.06%

lead by weight, calculated as lead metal. in the total nonvolatile

content ofliquid paint or in the dried film of applied paint, or more

than 0.7 milligrams lead per square centimeter in the dried film ofapplied paint.

Note This definition mear.s that Wisconsin considers paint to be lead--based paint

when it contains a lower amount of lead than the amount oflead in the U.S. F.PPJt:[Ut)

definition of lead

ç paint.

(62) “Lead—based paint activity” means an activity that dis

turbs paint when the paint is not proven to be lead—free. Lead

based paint activities include scraping, sanding, cutting•.. planing,

drilling or sawing painted surfaces during modification, demoli

(65) 

Lead abatement worker

means an individual who per

forms abatement activities.

(66) “Lead company” means a company, partnership, corpo

ration, sole proprietorship, association, governmental agency orother entity that performs, supervises, advertises, claims to pro

vide or offers to perform or supervise a lead hazard reductionactivity or lead investigation activity.

(67) “Lead exposure” means a level oflead in the blood of 10

or more micrograms per 100 milliliters of blood.

(68) “Lead—free inspection” means a lead investigation activ

ity conducted to determine whether a dwelling, dwelling unit,child—occupied facility or other premises qualifies for a certificateof lead--free status.

(69) “Lead hazard” means any substance, surface or object

that contains lead and that, due to its condition, location or nature,

may contribute to the lead poisoning or lead exposure of a child

under 6 years of age.

(70) “Lead hazard investigator” means an individual who

conducts lead hazard screen, risk assessment, lead-safe investiga

tion or clearance activities or provides options to reduce specific

lead hazards but does not use an XRF or conduct lead inspections.

(71) “Lead hazard reduction activity” means any action

intended to permanently or temporarily reduce or eliminate

human exposure to lead—based paint hazards.

(72) “Lead hazard reduction discipline” means a job categoly

for which individuals are trained and become certified by thedepartment to conduct specific lead hazard reduction activities.

Lead hazard reduction disciplines are lead abatement supervisor,abatement worker and project designer.

(73) “Lead hazard screen” means a risk assessment activity to

determine whether a structure in good condition is flee of lead—based paint hazards or should have a full risk assess,mertt

A lead

hazard screen involves less paint or dust sampling or testing thanin a full risk assessment.

(74) “Lead inspection” means the on—site, surface—by—sur

face investigation of painted, varnished or other coated surfacesto determine the presence of lead.

(75) “Lead inspector” means an individual who conducts a

lead•-f•ree inspection, or lead inspection and who may also conduct

cleanince activities.

(76) “Lead investigation activity” means any activity that

determines whether lead-based paint or lead hazards are present.

Lead investigation activities include clearance, dust—wipe sampling, elevated bltod lead investigation, lead—free inspection,

lead inspection, lead Itazard screen, lead—safe investigation, paint

chip testing, risk assessment and soil sampling activities.

(77) “Lead investigation discipline” means ajob category for

which individuals are trained and become certified by the department to conduct specific lead investigation activities. Lead inves

tigation disciplines are lead hazard investigator, inspector, risk

assessor and sampling technician.

(78) “Lead project designer” means an individual who

designs abatement projects and who may also write occupantprotection plans or abatement reports.

(79) “Lead risk assessor” means an individual who conducts

lead investigation activities.

Register. January, 2009, No. 637
to conduct non—abatement lead—based paint activities in registered lead-safe property.

Note: Lead--safe company cet-uficatice is not required to work in registered lead

safe property. ttcfer so. OHS 163.43 kr roquned certification ofar. insiividaai as a iead—safi.t worker.

(83) “Lead—safe worker” means an individual who conducts

non—abatement lead—based paint activities in registered lead—safe

property.

(84) “Loading” means the quantity of a specific substance

present per unit of surface area, such as the amount of lead inmicrograms contained in-the dust collected from a certain surface

area divided by the surface area in square feet or square meters.

(85) “Mid—yard” means an area of a yard approximately mid

way between the outermost edge ofthe dripline of a structure and

the nearest property boundary or midway between the outermost

edges of the driplines of a structure and another building on the

same property.

(86) “Multi—family d*elling” means a single structure that

contains more than one dwelling unit.

(87) “Occupant” means one of the following:

(a)

A person, other than a guest, who leases or lawfully resides

in a dwelling as the person’s home or residence.

(b)

A person who leases or lawfully occupies a premises that

is not a dwelling, such as a child—occupied facility.

(88) “Occupant protection plan” means a written plan devel

oped prior to an activity that describes the measures that will be

taken to protect the building occupants from exposure to lead—

based paint hazards.

(89) “Permanently covered soil” means soil that has been sep

arated from human contact by the placement of a barrier consisting ofsolid, relatively impermeable materials, such as asphalt orconcrete. Grass, mulch and other landscaping materials are not

cor.tsidered permanent coverings.

(90) “Person” means any individual or entity, including a sole

proprietorship, corporation, limited liability corporation, partner

ship or association, Indian tribe, state or local agency or politicalsubdivision of a state, interstate body, or department, agency orother instrumentality of the federal government.

(91) “Play area” means an area offrequent contact by chiklren

underage 6, as indicated by such factors as the USC ofthe structure,

observations of play patterns, information provided by parents or

others, or the presence of play equipment, toys or other posses

sions of children.

(92) “Premises” means any of the following:

(a) An educational or child care facility, including attached

structures and the real property upon which the facility stands, thatprovides sert’ices to children under 6 years of age.

(b) Other buildings aid facilities, including attached structures

and real property upon which the buildings or facilities stand, thatmight contain lead—based paint or a lead—based paint hazard.

(93) “Principal instructor” means an individual who has the

primary responsibility for organizing and teaching a training

course.

(94) “Property owner” means a person who has both equitable

title and legal possession of a dwelling, child-occupied facility,premises, registered lead cc property or registered lead safe

property.

fax 605—2tiS---971 i. The National 1.ead Information Center (NUJC) Clesristgltouse

updates the NLLAP list or a monthly basis. Updated copies may be obtained by call ngNUICat —800—424—5323.

(97) “Regional lead training center” means an institution

sponsored by the EPA before March 1, 1999, to develop or con

duct lead trainit.ig courses.

(98) “Registered lead--free property” means those portions of

real property that were included in a lead—free inspection and aredescribed as covered property on a current, valid certificate oflead—free status issued under this chapter and registered with the

department.

(99) “Registered lead--safe property” means those portions of

real property that were included in a lead—safe investigation aridare described as covered property on a current, valid certificate oflead—safe status issued under this chapter had registered with the

department.

(100) “Regulated activity” means an activity to which work

practtce standards apply or for which accreditation, approval or

training and certification is required under this chapter.

(101) “Replacement” means a strategy of abatement that

entails removing building components that have surfaces coated

with lead—based paint and installing new components free of

lead—based paint.

(102) “Risk assessment” means an on--site investigation of

paint, dust, water or other environmental media to detern3ine theexistence, nature, severity and location of lead hazards.

(103) “Soil—lead” means bare soil that contains lead.

Note: The Wisconsin Department ofNatssral Resources (DNlt) standsrd for nor,

industrial lead in soil under s. NIt 720.11, Table 2, is 50 pasts per million. For :ndclitional information, contact the DNR at 60S---266--5425.

(104) “Soil—lead hazard” means bare soil containing lead

equal to or exceeding the applicable level under s. 01-IS 163.15

(2).

(105) “Substrate” means a surface on which paint, vamish or

other coating has been or may be applied.

(106) “Target housing” means a dwelling construtcted prior to

1978, except t’or any of the following:

(a)

A dwelling for the elderly or persons with disabilities

unless tt child under 6 years of age resides or is expected to reside

in the dwelling.

(b)

A dwelling in which the living area is not separated fl-not

the sleeping area.

(107) “Tenancy” means occupancy, or a right to present occu

pancy under a rental agreement, and includes periodic tenancies

and tenancies at will. The term does not include the occupancy of a dwelling unit without consent of the property owner after expira

tion of a lease or termination of tenancy under ch. 704, Stats.

(108) “Training certificate” means a document meeting the

requirements ofsDHS 163.20 (9), issued by a training managerto an individual as evidence the individual has successfully com

pleted the course specified in the document.

(109) “Training bout-” means 60 minutes of actual instruction,

which shall include time devoted to learning activities, including

lecture, small group activities, demonstrations, evaluations or

hands—on activities.

(110) ‘Tratning manager” means an owner of a training

course or an employee of a training provider who is authorized toact on behalf of the owner.

Regnutet; January, 2009, No. 637
(114) “Visual inspection” means:

(a) For clearance, visual examination following an activity that

disturbs lead to determine whether or not the cleanup has beensuccessfully completed, as indicated by the absence of visible res

idue. dust and debris, and that scheduled work has been com

pleted.

(b) For risk assessment, visual examination to determine the

existence of lead-based paint hazards or other potential sourcesof lead hazards.

(c) For conditions for maintaining a certificate of lead—safe

status, visual examination to determine the existence of deterio

rated lead--based paint, failure of an enclosure, encapsulant orcovering, or the presence of other potential lead—based paint hazards.

(115) “Wet sanding” or “wet scraping” means a process of

removing loose paint in which the painted surface to be sanded orscraped is kept wet to minimize the dispersal of paint chips andairborne dust.

(116) “Window system” means all components associated

with the operation or decoration of a window, including the fram

ing, casing, lower and upper sash, jamb, parting bead, inside stop,

outside stop, channel guide or track, interior sill or stool, troughor well, exterior sill, apron, storm window, screen window, mun

tin, mullion and window trim.

(117) “Window trough” or “window well” means the portion

of the windowsill between the interior windowsill or stool and theframe ofthe storm. window. If there is no storm window, the win

dow trough is the area that would receive upper and lower sashes

if they were lowered.

(118) “Working day” means any day except Saturday, Sunday

and holidays designated in s. 230.35 (4) (a), Stats., and federal holidays.

(119) “XRF” means a portable instrument, analyzer or device

used to determine lead concentration in milligrams per squarecentimeter using the principle of-x—ray fluorescence.

fUstory: CR 00172: en Register February 2002 No. 554, efF 3-1-02: correc

tions in (23) and (51) made under s. 13.92 4) (b) 6. and 7., Stats., Register January 2009 No. 637.

Subchapter II

— Certification of Persons to Perform

Lead Hazard Reduction Activities or Lead

identification Activities

DHS 163.10 Certification of an individual.

(1) REQUIREMeNT. Except as provided under par. (c) and a. DHS

163.12 (1) (b), an individual shall be certified by the department

under this subchapter and shall be associated with a certified lead

company through ownership, employment or contract before the

individual may do arty ofthe following:

(a) Perform, supervise or offer to perform or supervise a lead

abatement activity or lead investigation activity involving one ofthe following:

1. A child occupied facility or the real property on which the

child—occupied facility stands.

2. Terget housing or the real property on which the target

housing stands when one of the following applies:

for payment of services.

(c) An individual is not required to be certified under this sdb

chapter when any one ofthe following applies:

I. All activities are within the scope of a license, certification

or registration issued to the individual by the department of cornmerceunders. 101.178, 101.87, Stats., orch. 145, Stats.

2. The only activities performed involve installation or repair

of wiring, cables or components ofthe dwelling or premises’ secu

rity, electrical, heating, plumbing or cooling system.

3. All paint involved in the activity has been tested by a person

certified in an appropriate lead investigation discipline, who has

determined that the paint does not meet the definition of lead—

based paint under i..DHS 163.03 (60).

Note: For the requiret000t that a lead company be cenified to perform, supervise

or offer to perform or supervise an abatement activity, see a. OHS 163.12.

(2) Drsc1PuNns. Certification of individuals shall be specific

to one ofthe following lead hazard reduction or lead investigationdisciplines:

(a) Lead hazard reduction disciplines. I. ‘Lend abatement

worker.’

A certified lead abatement worker may perform any

abatement or non—abatement lead—based paint activity, but must

be supervised under m.DHS l63.i4 (1) (c) when performing

abatement.

A lead abatenient worker may not prepare an occu

pant protection plan for abatement, prepare an abatement report,

conduct sampling or supervise abatement activities.

Note: For certification of a lead—safe worker to perform non—abatement lead—

based paint setivities on registered lead--safe property, refer to a. OHS 163.43.

2. ‘Lead abatement supervisor.’

A certified lead abatement

supervisor may develop occupant protection plans, write abate

ment reports, and -supervise or perform abatemet.lt activities.

A

certified lead abatement supervisor may take dust wipe samples

before clearance is conducted to determine if cleanup is complete,but this activity does not meet the criteria for satnpling under s.901.055. Stats., or for clearance.

3. ‘Lead project designer.’

A certified lead project designer

may design lead hazard reduction pariecti:, develop occupant

protection plans antI write abatement reports.

A certified lead

project designer may not perform or supervise abatement or non—abatement lead—based paint activities without certification in anappropriate lead hazard reduction discipline.

(b) Lead investigation disciplines. 1. ‘Lead sampling techni

ctan.’ When no abatement activity was performed, a certified leadsarnplirtg technician may conduct clearance following a lead—

based paint activity involvi.ng a single—family dwelling, tnultifitmily housing with fewer than 5 units, or an individual dwelling

unit in tnultifamily housing.

A certified lead sampling technician

may take dust wipe, paint chip and soil samples arid rutty assist acertified lead investigator, inspector or risk assessor to conductother lead investigati on activities.

A certified lead sampling tech

nician may not use an XRF, conduct clearance after an abatementor provide recommendations for reducing a lead hazard.

2. ‘Lead inspector.’

A certified lead inspector ma conduct.

any clearance, lead—free inspection or inspection activity, andmay use an XRF.

A certified lead inspector may assist a certified

lead hazard investigator or risk assessor to conduct other leadinvestigation activities, but may not identify hazards or provide

recommendations for reducing a lead hazard.

Register. January, 2009, No. 637
ment activities, and may use an XRF.

(3) CoNDITIoNS FOR INiTIAL ceaTnucArioN. (a) Swnmarv. 1.

An applicant shall use this subsection and subs. (4) to (7) to apply

for certification in a lead hazard reduction or lead investigationdiscipline for the first time or after certification in the discipline

has lapsed for 12 months or more.

2. An individual applying for initial certification in any disci

pline identified under sub. (2) shall be 18 years of age or older,

shall meet applicable education and experience qualificationsunder par. (b), shall successfully complete certification trainingrequirements under s. DHS 163.11 and, to be certified as a lead

abatement supervisor, hazard investigator, inspector, or riskassessor, shall pass a certification examination under par. (c).

3. Before certificatior.i as a lead inspector or lead risk assessor

may be granted, an individual applying for certification as a leadinspector or risk assessor shall have completed XRF manufacturer’s training under par. (d).

4. To apply for certification under subds. 1. to 3., the applicant

shall submit to the department an application under oh. (5) andinclude the applicable fee.

Note Use this subsection and subs. (4) to (7) to apply for certification in a disci

pline for the first time or suer certification in the discipline has lapsed for 12 monthsor more. Use sub. (8) to apply for recertification before certification expires or within

12 months after certificition expires. For certification of lead--safe workers. use a.

Hi-iS 163.43.

(b) Education and experience. 1. ‘Requirement.’ An appli

cant for initial certification as a lead abatement supervisor, hazardinvestigator, project designer or risk assessor shall meet the appli

cable education and experience qualifications in this paragraph in

to the certification training requirements under s. DHS

163.11.

2. ‘Abatement supervisor.’ An applicant for lead abatement

supervisor certification shall meet or exceed one ofthe following:

a. Have one year of experience as a cettified lead worker or

lead abatement supervisor

b. Have 2 years ot’experience in a related field, such as lead,

asbestos or environ.tnental remediation work, building mainte

nance or construction.

3. ‘Hazard investigator or risk assessor.’ An applicant for

lead risk assessor or lead hazard investigator certification shall

meet one of the following:

a. Have a bachelor’s degree and one year of experience in a

related field, such as lead, asbestos, environmental rernediation

work, or construction.

b. i-laie an associate’s degree and 2 yestrs of experience in a

related field, such as lead, asbestos, environmet3tal remediation

work or construction.

c. Have a high school diploma or eqt.tivalent and 3 years of

experience in a related field, such as lead, asbestos, environmental

remediation work or construction.

d. Hold professional certification as an industrial hygienist,

professional engineer or registered architect or in a related profes

sional engineering, health or enviromnental field, such as safetyprofessional or environmental scientist.

e. Be a registered nurse or registered sanitarian and be

employed by a health departr.n.ent that provide-s oversight of the.ndividual’s activities.

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‘Examination requiren3ent.’ To be certified, an applicant for ini

tial certification as a lead abatement supervisor, hazard investiga

tor, inspector or risk assessor shall do one of the ‘following:

a. Pass a certification examination administered by Ihe

department or by a person authorized by the department to adn’un

ister the certification examination tinder the department’s direc

tion or with the department’s approval, no earlier than 12 months

prior to applying for initial certification and no later than 6 months

after applying for initial certification.

A training provider may not

administer tt certification examination, except that the department

may be a training provider and also administer a certificationexamination.

b. Successfully demonstrate knowledge ofthis chapter ifthe

individual previously passed a certification examinatiot,t, adminis

tered by EPA, another EPA—authorized state or an EPA—autho

rized tribe and currently possesses an applicable certification card

or license issued by EPA, another EPA—authorized state or an

EPA--authorized tribe. To demonstrate knowledge, the applicant

shall obtain a regulatory worksheet and regulations fl’om the

department, shall accurately and personally complete the work

sheet with information from the regulations and shall submit the

completed works.,leet and proof o-f current certification to the

department with the certification application.

Note To obtain a copy of the reguiatory worksheet and regulations. write or phone

the Asbestos and t.ead Section. Bureau of Occupatir,nal Health, Room 37, I W. Wilson St., P.O. Box 2659, Madison. WI 53701-2659; entail “jipsbestosiead%fdbs.wisconsitteov’; ph. 608-261-6876: or fax 608-266-9711. Return the

completed worksheet, application and certification fee to the satrtc office.

2. ‘Timing of certification examination.’ a. Applicant with

interim, certification. An applicant for initial certification to whom

the department granted interim certification under sub. (6) (b)

shall take the next available certification examination offered at

a reasonably accessible locatiOn, as determined by the depart

ment The applicant with interim certification may take the certi

fication examination a maximum of 3 times within 6 months after

completing an approved training course for the discipline under

s. DHS 163.11. If an applicant does not pass the certification

examination and become certified by the department after up to3 attempts within this 6—month period, the department shallrevoke the interim card. The individual shall retake the initial

training course before reapplying -for certification in the. same dis

cipline.

b. Applicant without interim certification. An applicant for

initial certification who chooses not to seek interim certificationor who is not eligible f’or interin3 certification, but ‘who meets the

certification examination prerequisites under subd. 3., shall take

a certification examination offered at a reasonably accessiblelocation, as determined by the department. ‘l’he applicant may

take the certification examination a inaxitnum of 3 times within

6 months after the date the department receives the individual’sfirst registration t.o take a certification examination, If an appli

cant does not pass the certification examination and become ceriifiei by the department within, this 6—month period, the it.idividuaishall retake the initial training course be-fore reapplying for certification.

3. ‘Certification exansination prerequisites.’ To he registered

to take a certification exantitiation, an applicant for initial certification shall do both of the following:

‘Register, January, 2009. No. 637
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take the certification examination at the time or date scheduled bythe department, the applicant may reschedule the certificationexamInation for another time or date without payment of an addi

tional fee if the applicant requests the change not less than one

working day prior to the scheduled certification examination. The

certification examination -fee is not refundable.

(d) XI?!-’ manufacturer 2t trainingjor tead inspectors or risk’

assessors. 1. ‘Requirement ‘for training.’ For certification as a

lead inspector or risk assessor, an individual shall complete

manufacturer’s training meeting the requirements under ch. DI--IS

157 for at least one make and model of XRF that the individual

will be using and shall submit a completion certificate for the

training before certification as a lead inspector or risk assessormay be issued. Documentation of any other rrainiog completedto operate other makes or models ofXRF shall be retained by theapplicant and submitted upon request by the department.

2. ‘Certification pending training.’ Pending completion of

XRF manufacturer’s training to use an XRF, an applicant for lead

inspector certification wi.o meets all other qualifications shall beissued certification as a lead sampling technician, and an applicantfor lead risk assessor certification who meets all other qualifica

tions shall be issued certifidation as a lead hazard investigator.

(4) SuilM:tssJoN of DOCUMENTATION If an applicant submits a

photocopy rather than an original document, the applicant shallhave the copy notarized as a true copy ofthe original before submittmn the copy to the department.

(5) Apl’LtcA’rtoN FOR lNrrint. CERTIFICAS’IoN. An individual

applying for initial certification shall submit all of the ‘followingto the department:

(a) Application ,form.

A fully and accurately completed

application on a ferns obtained from the department. The applicant shall include the applicant’s social security number on theapplication and shall personally sign the application affidavit veri

fying the accuracy of the inforr.ation.

(b) Photograph. Except when a photograph was submitted to

the department by a training provider after the applicant com

pleted a required course, a clcarly identifiable photograph of the

applicant’s fhce in a standard passport size of 2” x 2”, taken within

the previous 24 months.

(c) ik’rtfication 01 identiflcation. I. ‘Birth date.’

A document

that verifies the applicant’s birth date, such as a birth certificate orofficial identification.

2. ‘Photo identification.’ An individual applying for certifi

cation who has not completed a course accredited by the depart

ment shall apply in person. When applying in person, the appli

cant shall provide 2 forms of identification, including an official

photo identification. such as a motor vehicle driver’s license orpassport.

Note: Applications are accepted at the Aabestoa sect Lead Section, Bureau of

Occupational Health, Room 137, 1 West Wilson Street, P.O. Box 2659, Madison, Wi53701—2659: e—mail “piicaabesiosteadfdhs.wisconsin.gov”; ph. 608—261—6876;

fax 608-266—97 t l or contact the Asbestos and Lead Section for infor,natio:a aboutother locations.

(ci) Documentation oftrainietg. All previous required training

certi,.ficatesor other docume.neatioa.s for required training under s.ONS 163.11. Its addirion, the department may ask the training pro

vider or another certification program to verify training was cornpleted as documented.

tion describing the relevant experience, which shall include ther.nonth and year the experience began and the month and year theexperience ended or a statement that experience is ongoing, and

which may include one or more of the following:

a. A resume describing the relevant experience.

h.

A letter describing the tasks performed by the individual

and signed by the employer where the experience was obtained.

c Letters ofreference from individuals -with knowledge ofthe

applicant’s experience.

d. Copies of inspection reports prepared by the applicant.e. Copies of certifications issued by other jurisdictions that

allowed the individual to perform related work.

3. ‘Other professional certification.’ For documentation of

other professional certification, a copy of the certification.

(f) Other documentation. For an applicant requesting certifi

cation based on current certification issued by EPA or another

EPA—authorized state or tribal program, both of the following:

I. A copy of current certification issued by EPA or by an

EPA—authorized state or tribe, notarized as a true copy ofthe origi

nal document.

2.

A completed regulatory worksheet that has been personally

completed by the applicatst.

(g) Fees. I. “Initial certification fee.’

A written request for

a government certification fee exemption under subd. 1. h. or anonrefundahie initial certification fee as follows:

a. For certification as a lead abatement supervisor, a fee of

$125.

b. For certification as a lead abatement worker, a fee of $75.

c. For certification as a lead hazard investigator, a fee of $150.d. For certification as a lead inspector, a fee of $150.

e. For certification as a lead project designer, a fee of$175.f. For certification as a lead risk assessor, a fee of$1 75.g. For certification as a lead sampling technician, a fee of $50.

Note: For certification of a lead--safe worker to perform non—-abatement lead—

based paint activities on registered lead-safe property, see a. Dl-tS 16343.

It. lb request a government certification fee exemption, the

applicant shall complete the exemption section of the applicationand submit a letter from the employing governmental agency

describing the job duties that quali’ the employee for a government certification fee exemption.

2. ‘Certification examination fee.’ For lead abatement super

visor, hazard investigator, inspector or risk assessor initial certification, a nonrefundable certification examination registration of

$50,

3. ‘Replacement card fee.’ If a certification card is lost, stolen

or damaged, the individual who was issued the card may request

the departnsetit to issue a replacement card and shall include with

any request a fee of $25 and an identifying photograph in a stan

dard passport size of 2” by 2”, taken within the previous 24months.

4. ‘Other fees.’ The department may assess other fees itS OCC

essary to cover costs of administering this chapter, such as

walk in service.

Note: l’o,- copies ol the application forts, or affidavit sI’ eds,catior, and experience.

write or phone the As’oestos and t.ead Section. Bureau of Occupational Health, Room

II?, I W, Wilson Street, P0. Box 2659, Madison, WI 53701-2659; c--mail ‘isilca.’

Regioer, January, 2009, No. 637
tor or risk assessor certification, meets all of••he certificationexamination prerequisites upder sub. (3) (c) 3. and is registered

for, but has not passed. the certification examination for the disci

pline. When interim certification is granted, the department shall

issue or arrange for the issuance of an interim certification card for

the appropriate specific discipline under sub. (2). An individual

may be granted interim certification only once per discipline per

lifetime.

Note; When interim certification is granted, the department will also register the

applicant for a certification examination and send the applicant information regard.ing the scheduled certification examination.

(c) Grant initial certification. 1. ‘Upon application.’ If an

individual applies for certification and meets all ofthe conditionsfor initial certification under sub. (3), the department may grantinitial certification. When certification is granted, the department

shall issue or arrange for the issuance of a certification card for theappropriate specific discipline under sub. (2).

2. ‘Upon passing certification examination.’ When an indi

vidual with interim certification passes the certification examination for the discipline, tl3e department shall change the individual’s certification from interim to initial and shall issue a revisedcertification card •for the balance of the certification term for

which the individual applied and was qualified.

(d) Deny certification. If certification is denied, the depart

ment shall give the applicant a written explanation for the denial

and shall noti’ the applicant ofthe right to appeal that decisionunder s. D11S 163.33.

(7) LaNorftoFiNrgRtilANroiNiTtALcEltTtFicATloN. (a) Interim

certification. Interim certification shall remain valid for a maxi

mum of 6 months after the completion date of the most recent

training course for the discipline under s. DliS 163.11.

(b) Initial certification.. 1. For a lead abatement supervisor,

hazard investIgator, inspector, project designer or risk assessor,

initial certification shall remain valid for 1 year after the comple

tion date ofthe most recent training required under s. DFIS 163.11.

2. For lead abatement worker or sampling technician, initial

certification shall remain valid as follows:

a. For an initial certification obtained during an odd—num

bered calendar year, initial certification shall expire at midnight

on August 1 of the subsequent odd numbered year.

b. For an initial certification obtained during an even—num

bered calendar year, initial certification shall expire at midnight

on August l of the subsequent even—numbered year.

(8) RECERTIFICATION OF AN INDIVIDUAL. (a) Requirement. No

individual certified under this subchapter may perform an activity

for which certification is requited after the expiration date on that

individual’s certification card until the individual is recertified by

the department and possesses a nev, unexpIred certification card.An individual shall use this subsection to apply for recertification

before certification expires or within 12 months after certification

expires.

Note; If it is I2 months or more since a certification expired, Iii.. ‘cans wanting

to renew certification must make reapplication for initial certification under subs. (3)

to (7).

(b) conditions. To be recertified, the individual shall:

1. Be in compliance with all requirements of this chapter.

2. Be current with the certification training requirements

under s. 131-iS 163.11.

Ins and Lead Section, Bureau of Occupational l

ieaith, Room 137, I W. Wilson Street,

P.O. Box 2659, Madison, WI 53701—2659; mail ‘nticasbestosieadacttts.wjscr,n

aiu.gos’; ph. 608-261—6876; or fax 603 266-9711. Return the completed registra

tion form and fee to the same office.

(c) Application. An applicant for recertification shall submit

all ofthe following to the department:

1. ‘Application form.’

A fully and accurately completed

application on a form obtained from the department. The appli

cant shall include on the form. his or her social security number if

it is not already shown on the form. The applicant shall personally

sign the application affidavit veri’Ing the accuracy ofthe infor

mation.

2. ‘Photograph.’ Except when a photograph was submitted

to the department by a training provider after the applicant com

pleted a required course, a recent, clearly identifiable photograph

ofthe applicant’s face in a standard passport size of 2” x2”, taken

within the previous 24 months.

3. ‘Training certificates.’ Except when training information

was submitted to the department by a training provider after theapplicant completed a required course, a copy of any training cer

tificate that was not previously submitted fot training required

under s. DI-JS 163.11.

4. ‘Recertification fee.’

A written request for a government

certification fee exemption under subd. 4. h, or a recertificationfee as follows:

a. For recertification as a lead abatement supervisor, a 1—year

fec of$125 ora2—year fee of $225.

b. For recertification as a lead abatement worker, a 2 year fee

of $75.

c. For recertification as a lead hazard investigator, a I year

fee of$ 150 or a 2—year fee of $275.

d. For recertification as a lead inspector, a 1—year fee of $150

or a 2—year fee of $275.

e. For recertification a.S a lead project designer, a I—year fee

of $175 ora 2—year fee of $325.

ft For recertification as a lead risk assessor, a 1-year fee of

$175 ora2—year fee of $325.

g. For recertification as a lead sampling technician, a 2—year

fee of $50.

b. To request a government certification fee exemption, the

applicant shall submit a letter from the employing governmentalagency describing the job duties that qualil\’ the employee for a

government certification fee exemption.

S. ‘Certification examination registration.’ Ifrequired under

par. (b) 4. to take a certification examination, the applicant for

recertification shall submit a certification examination registra

tion fonTi and a registration fee of $50.

6. ‘Other fees.’ The department may assess other fees as nec

essary to cover costs of administering this chapter.

Note; For a copy of the as,piicstior, or cen.ification examination registration lbrnm,

write or phone the Asbestos antI Leatt Section, Bureau of Occupational fteatth, Room

137,1 W. Wilson Street, RO. Box 2659. Madisor, WI 53701-2659; a—mail “ijes

bestoslcadfodhs.wiseoasia. 8.ov”;ph. 6Ott 2616876; or fax 608—266—9711. Returnthe completed application and fee to the same office.

(d) Action by the department I. Within 10 working days after

receipt of a filly and accurately completed application for recertification, the department shall grant or deny recertification.

2. If an individual applies for recertification and meets the

conditions for recertification under par. (b), the department may

Register, January, :oo9, No. 637
whether a 1 

year or 2

year fee is paid and the date by which

refresher trainin.g must be completed.

2. When the department recertifies a lead abatement worker

or sampling technician, the department shall extend the certification of the individual for 2 years.

lJlstsn-y: CR 00— 172: Cr. Register February 2002 No. 554, cIT 3—1—02; correction

in (3) (d) 1. made under a. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 163.11 Certification training requirements. lb

be certified under this chapter as a lead abatement supervisor,abatement worker, hazard investigator, inspector, project

designer, risic assessor or sampling technician, an individual shall

meet all of the following minimum training requirements:

(1) Ai’i’aova.n TRAINING. Each training course the individual

completesf•or ptirposes of certification or recertification shall beany ofthe following:

(a) Accredited by the department under this chapter.

(b) Accredited by EPA or an EPA—authorized state or tribal

lead training and certification program if the department deter

mines the course is comparable to a course or courses under s.

DES 163.20 (8) and the course was completed in another state

where the accrediting program has authority.

(c) Given by a training center authorized -by EPA and com

pleted in another state prior to March 1, 1999.

(d) Accredited by another state if the trai.ning course meets

requirements that are comparable to the accreditation requirements under this chapter and was completed in that state prior toMarch 1, 1999.

(c)

A course approved by the department under s. DES 163.02

(2).

(2) REQUIREMENT FOR INITIAL TRAINING. (a) Lead hazard

reduction training. For certification to perform lead hazard reduc

tion activities, an individual shall have successfiully completed

one or more department—approved initial training courses as follows:

I. ‘Lead abatement worker.’ For certification as a lead abate

ment worker, an initial 1-day lead—safe work course accreditedunder this chapter followed by an initial 1—day lead abatementcourse.

2. ‘Lead abatement supervisor.’ For certification as a lead

abatement supervisor, lead abatement workertraining under subd.

I. followed by an initial 2-day lead abatement supervision course.

3. ‘Lead project designer.’ For certification as a lead project

designer, lead abatement supervisor training under subd. 2. fol

lowed by an initial i—day lead project designer course.

(b) Lead investigation training. For certification to perform

lead investigation activities, an individual shall have successftiily

completed one nr more department—approved initial trainingcourses as follows:

I. ‘Lead sampling technician.’ For certification as a lead

sampling technician, an initial i—day lead sampling course.

2. ‘Lead inspector.’ For certification as a lead inspector, an

initial i—day lead sampling course fillowed by an initial 2—daylead inspection course.

3. ‘Lead hazard investigator.’ For certification as a lead haz

ard investigator, an initial 1—day lead sampling course followed

by an initial 2—day lead hazard investigation course.

ing course under pan (1,) every 2 years, as indicated by the training

due date on the certification card.

h. An individual issued initial certification or recertification

as a lead abatement worker or sampling tethnician shall completea refresher training course under par. (b) during that certificationperiod, as indicated by the training due date on the certification

card.

2. As a condition for certii t.cation, an individual who is not

certified shall meet one ofthe following refresher training require

ments:

a An individual whose certification has been expired for less

than 12 months shall complete a refresher training course underpar. (b).

b. An individual whose certification has been expired for 12

months shall complete initial training under sub. (2) (a) or (b) ifthe last training was completed more than 3 years ago, or arefresher training course under pan (b) if the last training was

completed within the past 3 years.

Note: Ureter a. OHS 63.10 (3) (a), an individual whose certrlicatron has been

expired for 12 rnorrths roust apply for initial certification, rather than recertification

unders. OHS 163.10 (5).

(b) Required refresher training. 1. ‘Refresher training for lead

hazard reduction disciplines.’ For lead hazard reduction disci

plines, an individual shall successli.illy complete refresher coursesapproved by the department for lead hazard reduction disciplines.

The minimum number of department—approved hours required

for lead hazard reduction disciplines are as follows:

a. For certification as a lead abatement worker, a 4—hour lead

abatement worker refresher training course.

b. For certification as a lead abatement supervisor, an 8--hour

lead abatement supervisor refresher training course.

c. For certification as a lead project designer, a 4—hour lead

project designer refresher training course.

2, ‘Refresher training for lead ir.lvestigation disciplines.’ For

lead investigation disciplines, an individual shall successfully

complete refresher courses approved by the department t’or leadinvestigation disciplines. The minimum number of department—approved hours required for lead investigation disciplines are asfollows:

a. For certification as a lead sampling technician, a 2-hour

lead sampling technician refresher training court:e.

h. For certification as a lead inspector, an 8—hour lead inspec

tor refresher training course.

c. For certification as a lead hazard investigator, an. 8—hour

lead hazard investigator refresher training course.

d. For certification as a lead risk assessor, an 8-hour lead risk

assessor refresher training course.

(4) .Paoor OF:rRAINING. ‘l’he indtvidual shall retain an original

training certificate, issued by the training provider, for eachrequired training course completed.

history: CR 00--i72: Cr. Register February 2002 No. 554, rif. --02.

OHS 163.12 Certification of a lead company.

(1) REQU1RBMENr. (a) Except as provided under par. (b), a person

shall be certified by the department as a lead company under this

chapter and shall have appropriately certified staff or shall contract with an appropriately certified individual before it may per

form. supervise, advertise, claim to provide or offer to perform or

Register, January, 2009, No. 637
company, an applicant shall dp all of the following:

(a) Apply. Submit a completed application under sub. (3).

(b) Use cert(fled individuals. Agree to employ or contract with

only appropriately certified individuals to perform or supervise

regulated activities when certification is required under tins chap

ter.

(c) Follow work practice standards-. Agree that all lead com

pany employees or subcontractors will follow the applicable workpractice standards under s. DHS 163.14 or 163.44 when perform

ing activities covered by the standards.

(d) Demonstrate knowledge of applicable regulations. An

owner, officer or employee of the 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 regula

tions and protocols by doing one othe following:

1. Being certified as a lead abatement supervisor, hazard

investigator, inspector, project designer or risk assessor.

2. When certification is impracticable, correctly completing

and submitting to the department a lead company regulatoxy worksheet.

(3) AI’l’uC,sTIoN FOR cER’fIFICATION.

A person seeking certifi

cation sI.iall submit an application under par. (a) or (b) to the

department:

(a) Application jbr a nongovernmental lead company I.

‘Application form.’ The lead company that is not a governmental

agency shall submit a folly and accurately completed application

on a form obtained from the department. The application shallinclude all of the following information:

a. The lead company’s name, mailing address, physical

address and telephone number and the physical address ofrecords

required under s. OHS 163.13 (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 of the lead company’s

owners.

d. Names of corporate officers ofthe lead company ifthe lead

company is incorporated.

e. The name of an individual who meets one ofthe certifica

tion requirements under sub. (2) (d) 1. or the completed regulatory

work-sheet under sub. (2) (d) 2.

Note: To request a copy of the toad company teguitstory .aork sheet or lead com

pany application form, contact the Asbestos and Lead Section. Sureau of Occupational health, Room 137, 1 W. Wilson Street. P.O. Boa 2659, Madison. WI53701—2659: c—mail “plicashcstoslead)ttdhs.wisconsir.oov’; ph. 608—261—6576; or

fax 608-266-970.

f. A statement signed by an owner or officer of the lead co.tn

pany attesting that the lead company will employ or contract with

only appropriately certified persons when, certification is required

under this thapter.

g. A statement signed by an owner or officer of the lead com

pany attesting that the lead company, its employees and subcon

tractors will follow the work practice standards ins. OHS 163.14

or 163.44 when conducting activities covered by the work practice stanaards.

h.

A list of certified staff employed by or under contract with

the lead company at the time of appltcation.

completed application on a form obtained from the department.

The application shall include all of the following information:

I. Name, mailing address, physical address and telephone

number for the agency and physical address of records required

under s. D’HS 163.13 (3) if different from the agency’s physicaladdress.

2.

A statement signed by an authorized representative ofthe

agency attesting that the agency will employ or contract with only

appropriately certified persons when certification is required

under this chapter.

3. A statement signed by an authorized representative of the

agency attesting that the agency, its employees and subcontractors

will follow the work practice standards in s. OHS 163.14 or

163.44 when conducting activities covered by the work practice

standards.

Note: (‘or a copy of the application form, write oe phone the Asbestos and i,ead

Section, Bureau of Occupational Health, Room 137, 1 W. Wilson Street, P.O. Box

2659, Madison. WI 53701—2659: e—maIl “plicashcstosleadtttdhs.wisconsin.cssv”:

pIt. 608—26.1-6876; ar fax 60S— 25y—9 71I. Return the completed application to the

Sante olitce.

(4) ACTIoN By rut: n’Et’ARTM:E’N’r. (a) Thee limit. Within 10

working days after receipt of a fully and accurately completed certification application, the department shall grant or deny a lead

company’s request fbi: certification.

(b) Grant cert(.flcation. ifthe department grants lead company

certification, the department shall issue a certificate of approval.

(c) Den)) certification. Ifthe department denies lead company

certification, the department shall give the lead company a writtenexplanation for the denial and shall notify the lead company oftheright to appeal that decision. under s. DI-IS 163.33.

(5) ExpmArtoN OF LEA[) coMPANY CERTIFICATION.

A lead corn

pany’s lead certification shalt expire as follows:

(a) An initial certification obtained during an odd numbered

year shall expire at midnight on August I ofthe subsequent odd—

numbered year.

(b) An initial certification obtained during an even—nunthered

year shall expire at midnight on August 1 of the subsequent even----numbered year.

(6) RENtlwL or CERTIFICATiON. (a) Requirement. To continue

to perform, supervise, advertise, claim to provide or offer to perform or supervise a lead abatement activity or lead investigation

activity, a lead company shall submit the following to the depart

ment before certification, expires:

I. A completed renewal ofcertification application indicating

changes to lead company information since the previous applica

tion.

2.

A nonrefundable fee of $75, except that as-tate or local gov

eminent agency is exempt from paying the fee.

Note: Subsoil the application and lee to she Asisestos and Lead Section, Bureau

of Occupational Health, P.0. Box 2659. Madison, WI 5370t’---2’659.

(b) Action by the department. I.. ‘Time limit.’ Within 10 work

ing days after receipt of a fully and accurately completed applica

tion, the department shall grant or deny a lead company’s request

for renewal of certification.

2. ‘Grant renewal of certification.’ If the department grants

a lead company renewal of certification, the department shallissue a certificate of anproval.

Registes;Jatsuas-y, 2(109, No. 637
g

, 

History: CR 00—1 72: Cr. Register February 2002 No. 554. etR 3—i—02.

DHS 163.13 Responsibilities of certified persons.

(1) ff,y yf.r REFUSE ENTRY. No person at a Site where a lead com

pany conducts business or at the site of a current or previouslyconducted regulated activity may refuse er.ltry to any representative ofthe department acting under the authority ofs. DFIS 163.30

(3).

(2) R.EQUIR VIENT FOR VALI.D CARl) ON SITE. Only a Wisconsin

lead certification card is valid in this state for performing a regulated activity. Each individual performix.ig or supervising a regu

lated activity shall have a valid unexpired certification card at the

jobsite whenever performing or supervising that activity. Only

the most recent certification card is valid for any given discipline.

(3) REQUIRF.MENT FOR RECOROKEEPINC,. The certified lead

company .shai retain all documentation, reports or plans required

under this subchapter for a minimum of 5 years. ifthe lead com

pany goes out of business, the department shall be contacted andoffered the opportunity to become the repositoly for these records.

(4) REQUIREMENT FOR SUPERVISION OF A WORKER. Under s.

Di-IS 163.14 (1) (c), a lead abatement worker shall be supervised

by a certifed lead abatement supervisor when performing abatement. According to recordkeeping requirements under sub. (3),

the lead company shall maintain, documentation of all jobs wherea lead abatement worker was directly supervised and shall main

tain documentation that a lead abatement worker successfullydemonstrated understanding and compliance with pertinentabatement regulations and protocols before being allowed to conduct abatement under general supervision. Documentation of

competence shall be on a form obtained from or approved by thedepartment.

Note: For a copy of the worker competency form, write or phone the Asbestos and

Lead Section. Bureau of Occanational Health, Room i37, I V. Wilson St., P.O. Box

‘659 \4 WI 0 65C e u ati pltcast to at dim

,5cott in

ph. 608—26I--6876; or fax 608-266—9711.

(5) REQUIREMENT FOR wRITTEN CON’FRAcT.

A certified lead

company shall have a written contract for all regulated activities

performed for remuneration. The contract shaH specilr the activities to be performed, comply with s. ATCP 110.05 and include the

following:

(a) Information regarding the presence or abset.tce 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 leadcompany shall provide proof before work begins.

b) For an fhatem.ent or non—abatement lead—based paint

activity performed on registered safe property, a statement

regarding who is responsible for paying additional cleanup andclearance costs if clearance levels are not met.

(c) For a clearance activity, a statement regarding any potential

conflict ofinterest. such as whether the lead company conductingthe clearance is directly or beneficially owned, controlled or managed by the lead company conducting the abatement or non—abatement lead based paint activity.

(d) For a lead investigation activity, all ofthe following:

1. The extent of the investigation and any limitations.

2. Which of the following actions will be taken ifdeteriorated

paint is detected during a lead hazard screen, lead—safe investiga

(6) R.ESI’oNsnul..rry i’os. ‘rItAINtNc AND c:aRrnur:arloN oocu—

MENTS. (a) Individual. The individual to whom a training certifi

cate is issued by a training manager andac.ertilication card isissued by the department is the owner ofthat training certificateand certification card, and is responsible for the following:

I. ‘Responsibility for training certificate.’ a. The individual

shall retain an original training certificate -for the duration of theindividual’s certification for each required training course com

pleted and shall provide the original training certificate for eachcompleted course upon rea.uest by the department.

b. The individual shall not allow another person to photocopy

the training certificate unless the photocopy is clearly labeled“copy” across the face of it in order to discourage fraudulent ormisleading use ofthe photocopy and shall not allow another person to use the training certificate or copy.

2. ‘Responsibility for certification card.’ a. The individual

shall retain the certification card until the card expires, shall haveit physically present when performing or supervising a regulated

activity and shall make the certification card available for inspec

tion upon request by the department or the public.

b. The individual shall not allow another person to photocopy

the certification card unless the photocopy is clearly labeled“copy” across the face of it-in order to discourage fraudulent ormisleading use ofthe photocopy and shall not allow another person to use the certification card.

c. When requested by the department, the individual shall

return a suspended, i-evoked or otherwise invalid certification card

to the department within 10 working days of the department’srequest.

(h) Lead company I. ‘Prohibited actions.’ The employer or

lead company may not confiscate an individual’s original trainingcertificate or certification card. The employer or lead company

may not photocopy an individual’s training certificate or certifica

tion card unless the photocopy is clearly labeled “copy” across the

face ofit in order to discourage fraudulent or misleading use of the

photocopy.

2. ‘Responsibility -for certificate of approval.’ a. ‘Each certi

fiecl lead company performing, supervising or offering to performor supervise a regulated activity shall retain the certificate of

approval ‘for the duration of certification and shall make it available for inspection upon request by the department or the public.

b.

A lead company shall not allow another person to photo

copy the certificate of approval unless the photocopy is clearly

labeled “copy” across the face of it in order to discourage fraudu

lent or misleading use of the photocopy and shall not allow

another person to use the certificate of approval.

c. When requested by the department, the lead company shall

return a suspended, revoke-d or otherwise invalid certificate ofapproval to the department within 10 working days ofthe depart

ment’s request.

(7) RESPONSIBILITY FOR VERIFICATION- OF CERTIFICATION. The

lead company employing or contracting with persons conducting

a regulated activity shall veri’ the certification status of individuals performing or supervising those activities before the start o-fthe activity and may not use individuals who lack the required cer

tification.

Rcgtster, January, 2009, N-n. 637
and information about lead—free insoeclions and lead—safe investigations wilt be cclcried through the registration of lead—free aud lead--safe certificates.

(b) Sumniary period and subot that date. Each summary shall

cover a three—month period and shall be -submitted to the departnient a-s follows:

1. Submit January through March by April 30.

2. Submit April through June by July 31.3. Submit July through September by October31.

4. Submit October through December by January 31.

(c) Content ofsumtnaly.

A completed summary fonn shall

include the name, address, telephone number and certificationidentification number ofthe lead company reporting and all of the

following information for each lead investigation activity conducted:

I. Date the lead investigation activity was conducted.

2. Street address and city or lire address of the dwelling or

child—occupied facility where the lead investigation was conducted.

3. Name and lead certificatioti identification number of the

individual or individuals conducting the lead investigation activ

ity.

4. Type of lead investigation activity conducted.

5. The result of the lead investigation activity.

Note: To request a summary form, to request approval of an alternative form or -

- to submit a sumn:arv, fax to 608—260—9711. c--mail to ‘ylicasbestoslcad0bdhs.wisconsin 4oe”; or mutt to the Asbestos and Lead Section, Baraun ol Occupational

Health. P.O. Box 2659, Madison, WI 53701—2659.

(9) WORK CONI)tJCT. Upon receiving certification, individuals

- s-:; and lead companies shall conduct activities in a manner that does

-

- not increase thc hazards from. lead—based paint to building occu

pants and shall comply with the work practice standards under s.DHS 163.14 or 163.44, as applicable.

History: CR 00--I 72 cc Register February 2002 No. 554, aft 3’ t--02

DHS 163.14 Work practice standards. (1) ABATE

MENT ACTIVITIES. (a) Who may conduct. When certification is

required, an individual shall be certified as a lead abatement

supervisor and associated with a certified lead company in order

to supervise and perform abatement activities involving target

housing or child--occupied -facilities

A person who is certified as

a lead abatement worker and associated with a certified lead corn

pany may perform abatement activities only under the supervision

of a certified lead abatement supervisor.

(b) Abatement protocol. In supervIsing or performing abate

ment, certified persons shall use documented methodologies to

conduct work in a lead—safe manner that does not create lead—

based paint hazards to the occupants, including work practices

that limit the creation of dust and prevent the -spread of dust, debris

arid paint chips outside ofthe work area, and shall comply with all

requirements under pars. (c) to (L).

(c) Requirement/br supervision. I. When a lead abatement

worker performs an abatement activity, a lead abatement supervi

sor shall provide direct onsite supervision unless general supervision is allowed under subd. 2.

2. When a lead abatement worier performs an abatement

activity that involves enclosure or encapsulation and does notinvolve removal of lead--based paint or painted components, a

lead abatement supervisor shall provide direct ousite supervision

(d) Requirement for ensuring compliance.

A certified lead

abatement supervisor and the certified lead company associated

with that individual shall ensure that all abatement activities are

conducted according to the requirements of this section and all

applicable federal, state and local government requirements.

Note: Refer to Appendix A for infonttation on obtaining applicable federal, stain

and local government requirements.

(e) Requirements to protect occupants. Documented method

ologies and the following work practice requirements shall beused to protect occupants when abatement is conducted:

I. ‘Prevent distribution of dust atsd debris.’ Measures shall be

taken to prevent the distribution of dust and debris outside theabatement area including demarcnting the abatement area with

signs, tape or plastic sheeting or conducting abatement in contain

ment. For exterior abatement, landscape fabric capable of collecting dust—lead and debri-s may be used for a ground cover in lieu

of plastic.

2. Protect personal property.’ Measures shall be taken to pro

tect all personal property in the work area from contamination bydust and debris.

3. ‘Restrict access.’ a. Except as provided under subd. 3. b.

or c., uncertified persons shall be kept out of the abatement areauntil the area is cleaned, containment and abatement materials

removed, and a visual inspection successfully completed. Ifaccess is granted before clearance has been successfl3liy achieved,

a notice shall be posted that states: “This worksite has not yet metclearance requirements. Lead—based paint hazards may be present.,,

b. After an abatement activity is conducted, a certified lead—

safe worker may enter the abatement area to condtnct a non—abate

ment lead—based paint activity, such as repainting, provided that

the lead—safe worker follows documented methodology and

maintains occupant protection.

c. When abatement involves activities subject to work prac

tice restrictions under sub. (4) (a) or tb), uncertified persons and

persons who are not certified as lead abatement workers or lead

abatement supervisors shall be kept out of the abatement area until

clearance is achieved.

4. ‘Prepare an occupant protection plan.’ Be-fore starting an

abatement project, a certified lead abatement supervisor or projectdesigner shall prepare a written occupant protection plan on aform obtained from or approved by the department. The plan shall

he specific to the abatement and to each dwelling or child—occu

pied facility involved. The plan shall describe the measures and

management procedures that will be taken during the abatement

project to protect the building occupants from exposure to lead—

based paitlt hazards. The occupant protection plan shall he fol

lowed by all lead company staff and kept at the job site for viewing

by interested persons.

5. ‘Distribute occupant protection plan.’ a. When abatement

involves restricted work practices used in common areas, staff

from the certified lead company shall deliver the occupant protec

tion plan to each occupied dwelling unit no later than 2 working

days before starting the activity and shall document delivery’.

b. When abatement involves restricted work practices used in

individual dwelling units, staff from the certified lead companyshall deliver the occupant protection plan to each occupied dwellRegister. Jsnuary. :toog. No. 637
Requirement to follow work practice restrictions. When

abatement is conducted that involves a restricted work practiceunder sub. (4), the certified lead company and lead abatement

supervisors involved in performing the activity shall ensure thatrestricted work practice standards are followed,

(g) Requirements when soil abatement is conthicted. I. Ifsoil

is removed, any replacement soil shall have a lead concentration

of less than 400 parts per million and shall comply with ch. NR720 as applicable. The soil t.l.iat is removed shall not be used astopsoil at another dwelling or child--occupied facility.

2. Ifthe soil abatement does not involve removal of soil--lead,

the soil shall be permanently covered by a barrier consisting ofsolid, relatively impermeable materials, such as asphalt or con

crete.

(h) Requirementfor notijication to the department. Before

conducting abatement, a certified lead abatement supervisor shall

provide notice to the department under sub. (2).

(i) Requirement to clean up the work area. Documented meth

odologies shall be followed to clean the work area and any other

affected area of the property at the end of each day’s work andwhen all work has been completed.

Note: For one documented methodology that may be followed to clean up the

work area, refer to Appendix C for Chapter 14 of 1-100’s ‘Guidelines for the Evalua

tion and Control of J.ead---Based Paint Hazards”.

j) Requirementfor a visual inspection. Following cleanup of the wofk area, a certified lead abatement supervisor shall conduct

a visual inspection to verify that any dust, debris or paint chips

created by the activity have been removed and that ‘the visual

inspection is passed before access to the area is allowed.

(k) Requirementfor management of wastewatet; air emissions

and solid waste. l• Discharge of’ wastewater shall be managed inaccordance with chs. NR 105, 106 and 200 to 299.

2. Air emissions shall be managed in accordance with cbs. NR

404, 415, 429 and 445.

3. After a lead—based paint activity is conducted, all lead—

based paint debris and waste shall be managed in accordance withchs. NR 500 to 538 and 660 to 679.

Note: Refer to Appendix 1) Ow guidance from the Dcpartment of Natural

Resources ott managing lead--based paint under their regulations.

(L) Requirementfor clearance. The lead abatement supervi

sor shall arrange for final clearance under sub. (5) to be conducted

as soon as possible following abatement. The abatement is not

complete until a certified lead hazard investigator, inspector or

risk assessor declares in writing that all clearance levels are met.

(m) Requirententjbr written report. Within 1 0 woflcing days

after receiving the clearance report, but no later than 20 workingdays following completion of ahatemcnt, a certified lead abate

ment supervisor or project designer shall submit a written report

to the person who contracted for the abatement. The report shallinclude all ofthe following:

1. Start and end dates ofthe project if different from the dates

on the notice to the department.

(2).

2.

A copy of the written notice to the department under sub.

3. Name, address, telephone number and certification number

of each certified lead company involved in the project and-the

name and certification number of each lead abatement supervisor

Note: Rather than repeatina information already located elsewhere, the abste,ncnt

report nay include other documents that contain required information, such as anorder, contract or abatement notice. For example, ta provide a detailed tlescription

of the abatement. ordet issued by a public health age,:cy may he attached and variances from the order described in the report.

(2) AIIATEMEN-T NOTIFICATION TO TIlt. DEPARTMENT. (a) Timing

ofnotice. The lead abatement supervisor shall submit notification

for receipt by the department as follows:

.For an original rtotice of abatement, written notification not

less than 2 working days before the start of the activity.

2. In an emergency where a health risk warrants immediate

action, written or verbal notification before the start ofthe activity.

3. To change the project start date ott an existing notice, writ

ten or verbal revised notification not less than 2 working days

before the activity begins if the new start date is earlier than theoriginal start date or a minimum of one working day before the

original start date ifthe new start date is later than the original startdate.

4. To change the project end date on an existing nonemer

gency notice, written or verbal revised notification as soon as the

change is determined, but no later than the original end date.

(Is) Written notification. I. ‘Form for written notification.’

Written notification shall be on the department’s notification formor on a iorm approved by the department and shall include all o-f

the following information:

a. Project details, including the start and end dates, work shifts

or hours, project activities, quantity oflead—based paint materials

in the project, and whether the project was ordered, affected by

HUD requirements, or involved registered lead—safe property or

property applying for a certificate of lead—free status or lead—safestatus.

b. Lead investigation details, including how and when it was

identified and the name and certification number of the lend haz

ard investigator, inspector or risk assessor.

c. Lead company details, including name, certification nurn

ber, address, contact person and telephone number.

cl. Facility or dwelling details, including type, occupancy,

location, including Street address, contact person and contact person’s telephone number and current owner and current owner’s

telephone number.

2. ‘Acceptable methods for submitting written notification.’

Written notification may be- sent by U.S. mail, commercial earner,

fax, e—mail, or another method approved by the department.

3. ‘Official date of written notification.’ The official date of

a written notification shall be the date en the department’s date ofreceipt stamp.

A notification received after 4:00 p.m. shall be

dated as received the next working day.

4. ‘Rejection of notification.’ The department may reject a

notification that is illegible or incomplete.

Note: To request a copy of t’ne Department’s ttotiticatiott tbrtn. to request apprbval

a form or method of submission or to submit written notitication, ct:ntsct the

Asbestos and I.ead Section, Jiureatt of Occupational Health, Roon: i37, I W. Wilson

St. P0. F.ox 2659. Madison, WI 53701-2659; email “plicashestosleaddt;dhs.wie.

consingov” ph. 6t18----26l----tb’76; or fax 608-266-- 9711.

Ic) J4srbal not(fIcotion. I. ‘Acceptable methods for submitting

verbal notification.’ For emergency or revised notification, verbalnotification may be made by telephone or in person and shall

include all of the -following information:

a. Start and end dates.

Register. January, 2009, No. 637