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(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.
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(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 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(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: 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;
plicasbestoslead@dhs.state.wi.us. 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:
plicasbestoslead@dhs.state.wi.us; 608-261-6876; or 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.
DHS 159.07 Note
Note: The department must have on file the appropriate initial training course certificate and all required annual refresher course certificates for each discipline for which an individual is applying. Training certificates submitted with previous applications to the department need not be re-submitted. Training certificates for training taken in Wisconsin after the publication date of this chapter need not be submitted. Under s.
DHS 159.22 (18), Wisconsin training providers must submit students' course completion and certificate information directly to the department.
DHS 159.07 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.08
DHS 159.08 Certification and other fees. DHS 159.08(1)
(1) An individual who applies for certification or renewal of certification shall pay the appropriate certification fee as follows:
DHS 159.08(1)(a)
(a) For certification as an asbestos supervisor, a fee of $125.
DHS 159.08(1)(c)
(c) For certification as an exterior asbestos supervisor, a fee of $75.
DHS 159.08(1)(e)
(e) For certification as an asbestos management planner, a fee of $125.
DHS 159.08(1)(g)
(g) For certification as an exterior asbestos worker, a fee of $125.
DHS 159.08 Note
Note: There is no annual renewal fee for the exterior asbestos worker certification because it is a non-expiring certification.
DHS 159.08(2)
(2) An individual shall pay the following additional fees as applicable:
DHS 159.08(2)(a)
(a) For immediate processing of an application when this service is available, a fee of $25.
DHS 159.08(2)(b)
(b) For additional processing of an application required because an incomplete or incorrect application has been submitted, a fee of $25.
DHS 159.08(2)(c)
(c) For verifying out-of-state training or certification, a fee of $25.
DHS 159.08(2)(d)
(d) For providing copies of training records or certificates, a fee of $25.
DHS 159.08(2)(e)
(e) For replacing a damaged, lost or stolen certification card, a fee of $25.
DHS 159.08(3)
(3) Payment of a fee shall be by check or money order payable to “Department of Health Services" or “DHS", or may be charged to a VISA or MasterCard. For application submitted by fax or email, payment may be made only by credit or debit charge to a VISA or MasterCard. The department will not accept cash payment. A person who submits a fee by a check that is not honored by a financial institution may be required to submit the fee in a form of payment that is guaranteed by a financial institution and to pay any processing charges assessed by the financial institution.
DHS 159.08 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.09(1)
(1) An individual who is eligible for certification and who submits application for certification to the department may conduct regulated asbestos activities in the discipline in which certification is sought for 30 calendar days from the date the applicant completes training for the discipline, or until the department denies the individual's application, whichever occurs first.
DHS 159.09(2)
(2) An individual who wishes to conduct regulated asbestos activities under provisional certification shall submit a complete application by fax, email, other method approved by the department, or by personal delivery before the applicant may begin conducting regulated asbestos activities.
DHS 159.09(3)
(3) An individual who conducts regulated asbestos activities under provisional certification may only conduct the activities of the discipline for which the individual received training and applied for certification.
DHS 159.09(4)
(4) An individual who conducts regulated asbestos activities under provisional certification shall comply with responsibilities of certified individuals under
s. DHS 159.13.
DHS 159.09(5)
(5) If an individual appeals the department's denial of certification, the individual may not conduct regulated asbestos activities pending the outcome of the appeal.
DHS 159.09 Note
Note: Submit application and fee to Asbestos and Lead Unit: 1W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659; (fax) 608-266-9711;
plicasbestoslead@dhs.state.wi.us. For application submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.
DHS 159.09 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.10
DHS 159.10 Department decisions on initial and renewal applications for certification. DHS 159.10(1)
(1)
Complete application. Within 30 calendar days after receiving a complete application for initial or renewal certification, the department shall either approve the application and issue the applicant a photo certification card for the discipline, or deny the application. If the department denies certification, the department shall provide the applicant with written notification of the reason for denial and appeal rights under subch.
VI.
