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 II - Certification of Persons to Perform Lead-Safe Renovation, Lead Hazard Reduction, or Lead Investigation Activities › Section DHS 163.14 - Work practice standards

Current through June 24, 2024
(1) ABATEMENT
				  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 company may perform
				  abatement activities only under the supervision of a certified lead abatement
				  supervisor.
(b)
Abatement
				  protocol.
In supervising or performing abatement, 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 and paint chips outside of the work area, and shall comply with all
				  requirements under pars. (c) to (L).
(c)
Requirement for
				  supervision.
When a lead abatement worker performs an abatement
				  activity, a lead abatement supervisor shall provide direct onsite
				  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.
(e)
Occupant protection.
Documented methodologies and all of the
				  following work practice requirements shall be used to protect occupants when
				  abatement activities are performed:
1. `Post
				  signs.' Signs clearly defining the work area and warning occupants and other
				  persons not involved in the abatement activities to remain outside the work
				  area. These signs shall be in the primary language of the occupants. Signs
				  shall be posted before beginning the work and shall remain in place and
				  readable until the abatement activities and clearance have been
				  completed.
2. `Pre-clean work
				  areas.'
a. If paint chips, dust, or debris are
				  present on the interior, HEPA vacuum the floor before protective sheeting is
				  laid down and HEPA vacuum window wells or troughs before working on
				  windows.
b. If paint chips, dust or
				  debris are present on the exterior, HEPA vacuum or use a wet/dry vacuum with a
				  drywall bag and HEPA filter to clean all paint chips and debris before
				  protective sheeting is laid down.
3. `Contain work areas.' Before starting
				  abatement activities, contain the work area, including the floor or ground,
				  with heavy duty plastic sheeting, so that no dust or debris leaves the work
				  area during the activity. Workers shall maintain the integrity of the
				  containment throughout the abatement activities by ensuring that the plastic
				  sheeting used as containment material is not torn or displaced, and that no
				  dust or debris leaves the work area during the abatement. When the building is
				  occupied, containment shall be installed in a manner that provides safe access
				  to restrooms and exits for occupants. Containment may not be constructed in a
				  manner that would interfere with emergency exit. All containment materials,
				  including plastic sheeting, must be disposed of after one use and may not be
				  relocated for reuse during a project.
4. `Protect personal property.' Measures
				  shall be taken to protect all personal property in the work area from
				  contamination by dust and debris.
a. Remove
				  all objects that can be moved from the work area, including furniture, rugs,
				  and window coverings. Objects that cannot be removed shall first be cleaned
				  using a HEPA vacuum, and then be completely covered with plastic sheeting or
				  other impermeable material with all seams and edges taped or otherwise
				  sealed.
b. Close and seal all duct
				  openings in the work area with taped down plastic sheeting or other impermeable
				  material.
c. Close windows and
				  doors in the work area. Doors shall be covered with plastic sheeting or other
				  impermeable material. Doorways used as the entrance to the work area shall be
				  covered with plastic sheeting or other impermeable material in a manner that
				  allows workers to pass through while containing dust and debris in the work
				  area.
d. Cover floor surfaces in
				  the work area, including installed carpet, with taped down plastic sheeting or
				  other impermeable material at least 6 feet beyond the perimeter of surfaces
				  undergoing abatement, or a sufficient distance to contain all dust, whichever
				  is greater. Floor containment measures may stop at the edge of a vertical
				  barrier system consisting of impermeable barriers that extend from the floor to
				  the ceiling that are completely sealed at joints with the floor, ceiling and
				  walls.
5. `Use
				  precautions.' Use precautions to ensure that all personnel, tools, and other
				  items, including the exteriors of waste containers, are free of dust and debris
				  before leaving the work area.
6.
				  `Restrict access.' Uncertified persons shall be kept out of the abatement area
				  until the area is cleaned, containment and abatement materials removed, and a
				  visual inspection successfully completed. Warning tape may be used to prevent
				  unintentional access into work areas in addition to the posted warning signs.
				  If access is granted before clearance has been successfully achieved, a notice
				  shall be posted that states: "This worksite has not yet met clearance
				  requirements. Lead-based paint hazards may be present."
7. `Prepare an occupant protection plan.'
				  Before starting an abatement project, a certified lead abatement supervisor or
				  project designer shall prepare a written occupant protection plan on a form
				  obtained from or approved by the department. The plan shall be specific to the
				  abatement and to each dwelling or child-occupied 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 paint hazards. The occupant protection plan shall be followed by all
				  lead company staff and posted in plain view outside the abatement work area for
				  viewing by interested persons.
8.
				  `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 protection 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
				  company shall deliver the occupant protection plan to each occupied dwelling
				  unit involved in the activity no later than 2 working days before starting the
				  activity and shall document delivery.
c. When the abatement is not performed by the
				  property owner or the property owner's agent or employee, a copy of the
				  occupant protection plan shall also be delivered to the property owner or the
				  property owner's agent or employee.
d. When the occupant protection plan is
				  delivered via mail, it shall be mailed at least 7 days before the start of the
				  abatement and shall be documented by a certificate of mailing from the post
				  office.
(g)
Requirements when soil abatement is conducted.
1. If soil is removed, any replacement soil
				  shall have a lead concentration of less than 400 parts per million and shall
				  comply with ch. NR 720 as applicable. The soil that is removed shall not be
				  used as topsoil at another dwelling or child-occupied facility.
2. If the soil abatement does not involve
				  removal of soil-lead, the soil shall be permanently covered by a barrier
				  consisting of solid, relatively impermeable materials, such as asphalt or
				  concrete.
(h)
Requirement for notice 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
				  methodologies shall be followed to clean the work area and any other affected
				  area of the property before beginning worksite set-up, at the end of each day's
				  work, and when all work has been completed.
Note:
For one documented methodology that may
					 be followed to clean up the work area, refer to the most current edition of the
					 HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
					 Housing," available on the HUD website at
https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines
.
(j)
Requirement for a visual
				  inspection.
Following cleanup of the work area, a certified lead
				  abatement supervisor shall conduct a visual inspection to verify that any dust,
				  debris, or paint chips have been removed and that the visual inspection is
				  passed before access to the area is allowed.
(k)
Requirement for management of
				  wastewater, air emissions and solid waste.
All wastewater, air
				  emissions, and solid waste from lead abatement activities shall be handled
				  according to documented methodologies and as follows:
1. Contained in the work area to prevent the
				  release of dust and debris before removal for storage and disposal. If a chute
				  is used to remove waste from the work area, it shall be covered.
2. Stored in a container or enclosure at the
				  conclusion of each work day that prevents access to and release of dust and
				  debris.
3. Contained to prevent
				  release of dust and debris during transport.
4. Discharge of wastewater shall be managed
				  according to chs.
				  NR 105, 106 and 200 to
				  299.
5. Air emissions shall be
				  managed according to chs.
				  NR
				  404, 415, 429, and 445.
6. Paint debris and waste shall be managed
				  according to chs.
				  NR 500 to 538 and 660 to 679.
Note:
Refer to guidance from the Department of
					 Natural Resources on managing lead-based paint waste, "Commercial and
					 Residential Paint Removal and Disposal," at
https://www.dnr.wi.gov/files/PDF/pubs/wa/WA173.pdf
,
					 as well as the most current edition of the HUD "Guidelines for the Evaluation
					 and Control of Lead-Based Paint Hazards in Housing," available at
					 https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.
(l)
Requirement
				  for clearance.
The lead abatement supervisor 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)
Requirement for written report.
Within 10 working days after
				  receiving the clearance report, but no later than 20 working days following
				  completion of abatement, a certified lead abatement supervisor or project
				  designer shall submit a written report to the person who contracted for the
				  abatement. The report shall include all of the following:
1. Start and end dates of the project if
				  different from the dates on the notice to the department.
2. A copy of the written notice to the
				  department under sub. (2).
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 assigned to the project to the extent that
				  information is not included on the written notice under sub. (2).
4. The occupant protection plan that was
				  prepared prior to the project.
5. A
				  copy of the clearance report under sub. (5) (c) 9.
6. A detailed written description of the lead
				  abatement project, including the abatement activities conducted, locations of
				  rooms or living areas and components where abatement occurred, reason for
				  selecting the particular method used for each component and any suggested
				  monitoring of encapsulants or enclosures.
Note:
Rather than repeating information
					 already located elsewhere, the abatement report may include other documents
					 that contain required information, such as an order, contract or abatement
					 notice. For example, to provide a detailed description of the abatement, orders
					 issued by a public health agency may be attached and variances from the order
					 described in the report.