Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 163 - Certification For The Identification, Removal And Reduction Of Lead-Based Paint Hazards › Subchapter V - Registry of Property with Certificates of Lead-Free Status or Lead-Safe Status › Section DHS 163.40 - General provisions

Current through June 24, 2024
(1) APPLICABILITY. This subchapter applies to
				  registered lead-free property and registered lead-safe property, the property
				  owners and the employees and agents of property owners of registered lead-free
				  property or registered lead-safe property, and persons performing lead-based
				  paint activities on registered lead-safe property.
(2) REQUIREMENTS AND RESTRICTIONS.
(b)
Registered lead-free property or
				  registered lead-safe property.
Only a dwelling, dwelling unit or
				  premises with a valid certificate of lead-free status in effect may be claimed
				  to be registered lead-free property and only a dwelling, dwelling unit or
				  premises with a valid certificate of lead-safe status in effect may be claimed
				  to be registered lead-safe property.
(c)
Sampling or testing.
2. `Treating paint as lead-based paint for
				  registered lead-free or lead-safe properties.' For purposes of obtaining a
				  certificate of lead-free status or a certificate of lead-safe status and for
				  performing lead abatement or non-abatement lead-based paint activities on
				  registered lead-safe property, untested paint shall be treated as lead-based
				  paint.
3. `Who may sample or test
				  paint for a lead-free inspection or lead-safe investigation.' To be included in
				  a lead-free inspection or lead-safe investigation, sampling or testing of paint
				  shall be conducted by an appropriately certified person who is:
a. Not the property owner or an immediate
				  family member, agent or employee of the property owner.
b. Not a company or associated with a company
				  that is directly or beneficially owned, controlled or managed by the property
				  owner, or by an immediate family member, agent or employee of the property
				  owner.
c. Not a person hired by or
				  under contract with the property owner to manage or maintain the property
				  owner's real property as directed by the property owner.
d. Not a person who has been authorized by
				  the property owner to manage or maintain the property owner's real property on
				  the property owner's behalf.
e. Not
				  a person who has a financial interest in the laboratory results of the sampling
				  or testing or in the determination of whether the property meets the registered
				  lead-free property standard or the registered lead-safe property
				  standard.
5. `Conducting
				  sampling or testing.' If sampling or testing of paint is conducted on
				  registered lead-free property or registered lead-safe property, the certified
				  individual shall use documented methodologies that incorporate adequate quality
				  control procedures to do one of the following:
a. Using the procedures under s.
				  DHS
				  163.14(8), test the paint with an XRF
				  and, if the XRF reading is more than 1 milligram lead per square centimeter,
				  determine that lead-based paint is present. If the reading is less than or
				  equal to 1 milligram lead per square centimeter, determine that lead-based
				  paint is not present. When a reading is in the inconclusive range for the XRF
				  used, treat the paint as lead-based paint unless a paint chip sample taken
				  under subd. 5. b. results in a determination that lead-based paint is not
				  present.
b. Collect a paint chip
				  sample; have the paint chip sample analyzed by a recognized laboratory to
				  determine detectable levels of lead that can be quantified numerically; and
				  determine that lead-based paint is present if the laboratory result for the
				  paint chip sample is more than 0.5% lead by weight. If the laboratory result
				  for the paint chip sample is equal to or less than 0.5% lead by weight,
				  determine that lead-based paint is not
				  present.