Chapter DHS 159

DHS 159.04(11) (11) “Asbestos management planner” means an individual who develops written plans to manage asbestos in or on a facility and make recommendations for the best response actions to be taken to manage asbestos-containing material in or on the facility.

DHS 159.04(12) (12) “Asbestos project designer” means an individual who develops written plans and designs for asbestos abatement activities.

DHS 159.04(13) (13) “Asbestos supervisor” means an individual who performs, or oversees or directs the performance of, asbestos abatement activities or conducts air sampling associated with asbestos abatement activities.

DHS 159.04(14) (14) “Asbestos training activity” means offering or providing a training course required for certification under subch. II.

DHS 159.04(15) (15) “Asbestos worker” means an individual who performs asbestos abatement activities.

DHS 159.04(16) (16) “Certification” means authorization by the department to conduct, supervise or offer to conduct or supervise asbestos abatement activities or asbestos management activities as issued to an individual in the form of a photo identification card or to an asbestos company in the form of a certificate.

DHS 159.04(17) (17) “Classroom contact hour” means 60 minutes of instructional activities, not including breaks and lunch.

DHS 159.04(18) (18) “Contingent approval” means an accreditation status that is provisionally granted based on a review of written training course curriculum and other information and materials that describe the training course.

DHS 159.04(19) (19) “Department” means the Wisconsin department of health services.

DHS 159.04(20) (20) “Designated person” means the individual who is authorized to act on behalf of the local education agency regarding asbestos work and who works with the local education agency to ensure compliance with EPA requirements under 40 CFR 763, Subpart E and with all other federal and state asbestos regulations.

DHS 159.04(21) (21) “Direct supervision” means supervision by a certified asbestos supervisor who is onsite during an asbestos abatement activity and readily available to observe and assist.

DHS 159.04(22) (22) “Disposal bag” means a heavy duty, impervious waste bag or glove bag.

DHS 159.04(23) (23) “DNR” means the Wisconsin department of natural resources.

DHS 159.04(24) (24) “DOT” means the Wisconsin department of transportation.

DHS 159.04(25) (25) “Encapsulation” means the treatment of asbestos-containing material with a product specifically designed to surround or embed asbestos fibers in an adhesive matrix.

DHS 159.04(26) (26) “Enclosure” means an airtight, impermeable, permanent barrier around asbestos-containing material.

DHS 159.04(27) (27) “EPA” means the U.S. environmental protection agency.

DHS 159.04(28) (28) “Exterior asbestos company” means an asbestos company that conducts, supervises or offers to conduct or supervise regulated asbestos activities limited to non-friable asbestos-containing material that remains non-friable, on the exterior, or building envelope, of a facility.

DHS 159.04(29) (29) “Exterior asbestos supervisor” means an individual who performs, or oversees or directs the performance of, asbestos abatement activities involving only non-friable asbestos-containing material that remains non-friable, on the exterior, or building envelope, of a facility.

DHS 159.04(30) (30) “Exterior asbestos worker” means an individual who performs asbestos abatement activities involving only non-friable asbestos-containing material that remains non-friable, on the exterior, or building envelope, of a facility.

DHS 159.04 Note Note: If asbestos work conducted from the exterior of a building penetrates the building envelope then it is no longer exterior asbestos work and may not be performed by an exterior asbestos company, exterior asbestos supervisor or exterior asbestos worker. For work to be considered exterior asbestos work, which may be performed by an exterior asbestos company, the following must be true: 1) the material is non-friable and will remain non-friable throughout the project; 2) the asbestos work is performed only from the outside of the building and on the outside of the building; and 3) no air exchange may occur between the interior and exterior of the building. For window work to be considered exterior work, an impermeable barrier needs to be placed behind the window opening on the interior of the building before work starts to maintain complete separation of interior and exterior spaces.

DHS 159.04(31) (31) “Facility” means any institutional, commercial, public, industrial or residential structure or building.

DHS 159.04(32) (32) “Friable asbestos-containing material” means asbestos-containing material that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure, including previously non-friable asbestos-containing material when that material is damaged to the extent that when dry it may be crumbled, pulverized or reduced to powder by hand pressure.

DHS 159.04(33) (33) “Full accreditation” means final approval status granted to a training course after an onsite audit of the training course determines that the course is in full compliance with this chapter.

DHS 159.04(34) (34) “Glove bag” means an impervious plastic bag-like enclosure with built-in glove appendages for handling tools and asbestos-containing materials that is meant to be affixed around an asbestos-containing material to provide a barrier between the operator and the enclosed material.

DHS 159.04(35) (35) “Guest instructor” means an individual designated by a training provider to assist the principal instructor with hands-on activities or to teach one or more topical areas under the general supervision of the principal instructor.

DHS 159.04(36) (36) “HEPA” means high efficiency particulate air filtration.

DHS 159.04(37) (37) “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.

DHS 159.04(38) (38) “Local educational agency” or “LEA” means any of the following:

DHS 159.04(38)(a) (a) A public board of education or other public authority, institution or agency legally constituted for administrative control or direction of a public school that provides elementary or secondary education, including kindergarten and pre-kindergarten but excluding education provided beyond grade 12.

DHS 159.04(38)(b) (b) The owner of a private, nonprofit school that provides elementary or secondary education, including kindergarten and pre-kindergarten but excluding education provided beyond grade 12.

DHS 159.04(38)(c) (c) The governing authority of a school operated under the Defense Dependents’ Education Act of 1978 under 20 USC 921 et seq.

DHS 159.04(39) (39) “NESHAP” means 40 CFR 61, the national emission standards for hazardous air pollutants regulation.

DHS 159.04 Note Note: NESHAP is administered in this state by DNR under ch. NR 447 on behalf of EPA.

DHS 159.04(40) (40) “Operations and maintenance” or “O & M” means the repair, operation, service or maintenance of a building that may result in the disturbance of asbestos-containing material or suspect asbestos-containing material.

DHS 159.04(41) (41) “OSHA” means the U.S. occupational safety and health administration.

DHS 159.04(42) (42) “Person” means an individual or entity, including a sole proprietorship, corporation, limited liability corporation, partnership, association, church, school, college or university, state, local or tribal government agency, political subdivision of a state, interstate body, or department, agency or other instrumentality of the federal government.

DHS 159.04(43) (43) “Planned renovation project” means a renovation or a number of renovations in a facility, during which a number of asbestos abatement activities are planned or expected to occur within a given period of time.

DHS 159.04(44) (44) “Principal instructor” means an individual approved by the department under subch. V to teach and supervise an accredited asbestos training course.

DHS 159.04(45) (45) “Regulated area” means an area where an asbestos abatement activity is conducted, and adjoining areas where debris and waste from the asbestos abatement activity accumulate.

DHS 159.04(46) (46) “Regulated asbestos activity” means an asbestos abatement activity, asbestos management activity, or asbestos training activity for which certification or accreditation is required under this chapter.

DHS 159.04(47) (47) “Removal” means taking out any or all asbestos-containing material or suspect asbestos-containing material in or on a facility or taking out any or all facility components that contain or are covered with asbestos-containing material or suspect asbestos-containing material.

DHS 159.04(48) (48) “School” means an educational institution that provides elementary or secondary instruction, including kindergarten and pre-kindergarten but excluding education provided beyond grade 12.

DHS 159.04(49) (49) “School building” means a building or an area of a building under the control of a local education agency when the building or area is any of the following:

DHS 159.04(49)(a) (a) A structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility or a facility used for the preparation of food.

DHS 159.04(49)(b) (b) A gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education.

DHS 159.04(49)(c) (c) Any other facility used for the instruction or housing of students, or for the administration of educational or research programs.

DHS 159.04(49)(d) (d) A maintenance, storage, or utility facility, including any hallway, essential to the operation of a facility under par. (a), (b), or (c).

DHS 159.04(49)(e) (e) A portico or covered exterior hallway or walkway of a facility under par. (a), (b), (c) or (d).

DHS 159.04(49)(f) (f) An exterior portion of a mechanical system used to condition interior space of a facility under par. (a), (b), (c) or (d).

DHS 159.04(50) (50) “Suspect asbestos-containing material” means vermiculite insulation, unless a recommended EPA sampling and analysis protocol specific to vermiculite insulation proves that it does not contain asbestos, and any untested material used in or on a building component, except for metal, glass, wood, or fiberglass.

DHS 159.04(51) (51) “Training day” means 6 to 8 hours of classroom contact time, not including breaks and lunch times.

DHS 159.04(52) (52) “Training provider” means a person that owns, provides or offers to provide a training course for which accreditation is required under this chapter.

DHS 159.04(53) (53) “Vermiculite insulation” means vermiculite that has been expanded through a heating process and is used as loose-fill building insulation. It is a “suspect asbestos-containing material” under sub. (50).

DHS 159.04 Note Note: Vermiculite insulation is assumed to be asbestos-containing material unless proven otherwise in accordance with EPA recommended sampling and analysis protocols specific to vermiculite insulation. As of the publication of this chapter, the EPA has not published official guidance for sampling and testing protocols to test for the presence or absence of asbestos in vermiculite insulation. When recommended protocols are published, vermiculite insulation may be sampled and analyzed using the EPA recommended protocols to determine any asbestos content. Until such time, vermiculite insulation must be assumed to contain asbestos and be treated as an asbestos-containing material under this chapter.

DHS 159.04(54) (54) “Working day” means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. For purposes of accepting notification under subch. III, a working day is deemed to end at 4:00 p.m.

DHS 159.04 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

subch. II of ch. DHS 159 Subchapter II — Certification Requirements For Individuals

DHS 159.05 DHS 159.05 Certification of an individual.

DHS 159.05(1) (1) Certification requirements. Except as provided in ss. DHS 159.06 and 159.09, no individual may perform, supervise or offer to perform or supervise an asbestos activity or asbestos management activity unless the individual has valid certification from the department in the applicable discipline under sub. (2) or (3).

DHS 159.05 Note Note: See s. DHS 159.13 (1) for requirement that an individual be associated with a certified asbestos company before conducting a regulated asbestos activity.

DHS 159.05(2) (2) Disciplines. An individual may be certified in one or more of the following disciplines:

DHS 159.05(2)(a) (a) Asbestos supervisor.

DHS 159.05(2)(b) (b) Asbestos worker.

DHS 159.05(2)(c) (c) Asbestos inspector.

DHS 159.05(2)(d) (d) Asbestos management planner.

DHS 159.05(2)(e) (e) Asbestos project designer.

DHS 159.05(2)(f) (f) Exterior asbestos supervisor.

DHS 159.05(2)(g) (g) Exterior asbestos worker.

DHS 159.05(3) (3) Roofing disciplines. An individual with an unexpired department-issued roofing supervisor certification or roofing worker certification may conduct roofing work authorized by the certification until the certification expiration date. An individual with an unexpired department-issued roofing supervisor certification may convert this certification to an exterior asbestos supervisor certification by completing the exterior asbestos supervisor refresher training course under s. DHS 159.12 (4) (f) and submitting the application and fee required under s. DHS 159.07. An individual with an unexpired department-issued roofing worker certification may convert this certification to an exterior asbestos worker certification by completing the initial exterior worker training course required under s. DHS 159.12 (3) (g) and submitting the application and fee required under s. DHS 159.07.

DHS 159.05 Note Note: The exterior asbestos supervisor discipline replaces the roofing supervisor discipline and the exterior asbestos worker discipline replaces the roofing worker discipline. The new exterior asbestos certifications authorize individuals to perform asbestos abatement activities on siding in addition to roofs.

DHS 159.05(4) (4) Eligibility requirements. An individual is eligible for certification in one or more disciplines under sub. (2) if the individual meets all of the following conditions:

DHS 159.05(4)(a) (a) The individual is 18 years of age or older.

DHS 159.05(4)(b) (b) The individual has completed required training under s. DHS 159.12 within the past 12 months.

DHS 159.05(4)(c) (c) The individual has completed the application requirements under s. DHS 159.07 and paid the applicable certification fee under s. DHS 159.08.

DHS 159.05 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.06 DHS 159.06 Exceptions to certification. Individual certification is not required under any one of the following conditions:

DHS 159.06(1) (1) An asbestos abatement activity or asbestos management activity is performed by the owner on his or her own single-family, non-rental residential property that is occupied or intended to be occupied solely by the owner’s family.

DHS 159.06(2) (2) An asbestos abatement activity involves only operations and maintenance work that disturbs or incidentally removes no more asbestos-containing material than would fit in a single glove bag or disposal bag no larger than 60 inches by 60 inches properly filled and sealed, is work that is non-repetitive and is not a series of small jobs that if performed sequentially would require certification, and is conducted by an individual or individuals with documented proof of completing at least a 16-hour operations and maintenance training course as described in 40 CFR 763.92 (a).

DHS 159.06(3) (3) An individual operates a motorized vehicle to demolish or remove a facility when asbestos-containing material is allowed to remain under s. NR 447.08 (1) (a) to (d).

DHS 159.06 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.07 DHS 159.07 Application requirements for initial and renewal certification. Only individuals who meet the eligibility requirements under s. DHS 159.05 (4) may apply for initial or renewal certification. An eligible individual shall apply to the department for initial or renewal certification on an application form obtained from the department. The applicant shall submit the following to the department:

DHS 159.07(1) (1) The fully and accurately completed department application form signed and dated by the applicant.

DHS 159.07(2) (2) The applicable fee under s. DHS 159.08 for the discipline in which the applicant is applying.

DHS 159.07(3) (3) For initial application, the applicant’s social security number or, if the applicant does not have a social security number, a signed statement, made under oath or affirmation, that the applicant does not have a social security number, as required under ss. 250.041 and 254.115, Stats.

DHS 159.07(4) (4) For initial application, training certificates from any previously completed training courses required for certification in the discipline unless previously provided to the department by the applicant or a department-accredited training provider.

DHS 159.07 Note Note: Application forms are available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit:
[e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.07 Note Note: Submit application and fee to Asbestos and Lead Unit: 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659; (fax) 608-266-9711; [e-mail]. For application submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.

DHS 159.07 Note Note: Sections 250.041 and 254.115, Stats., require an applicant for certification to provide the department with the applicant’s social security number. Under s. 254.115 (3), Stats., the department is required to deny certification to an applicant who does not provide the department his or her social security number or, if the applicant does not have a social security number, a signed statement, made under oath or affirmation, that the applicant does not have a social security number. The form required for the statement is available from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; or 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.