DHS 159.15 Note
Note: Under s.
254.115, Stats., the department is required to deny certification to an applicant who does not provide either a federal employer identification number or a social security number or signed statement that the individual does not have a social security number.
DHS 159.15 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:
plicasbstoslead@dhs.state.wi.us; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.
DHS 159.15 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 159.15 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.16(1)
(1)
Fees. Except as provided in
sub. (2), a person who applies for company certification or renewal of company certification shall pay the appropriate fee as follows:
DHS 159.16(1)(a)
(a) Except as provided in
par. (b), for asbestos company certification, a fee of $400.
DHS 159.16(1)(b)
(b) For exterior asbestos company certification, a fee of $200.
DHS 159.16(1)(c)
(c) For each satellite office of a certified asbestos company, a fee of $200.
DHS 159.16(1)(d)
(d) For each satellite office of a certified exterior asbestos company, a fee of $100.
DHS 159.16(2)
(2) Exemption. Local education agencies, local governmental agencies and state agencies are exempt from paying company certification fees under
sub. (1).
DHS 159.16(3)
(3) Methods of payment. 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 159.16(4)
(4) Nonrefundable and nontransferable. Fees are nonrefundable and nontransferable.
DHS 159.16(5)
(5) Processing fee. The department may charge a $25 fee for processing an incomplete or incorrect application returned for correction or completion.
DHS 159.16 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.17
DHS 159.17 Department decisions on initial and renewal applications for company certification. DHS 159.17(1)(1)
Complete application. Within 30 calendar days after receiving a complete application for initial or renewal company certification, the department shall either approve the application and issue the applicant a certificate 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.
DHS 159.17(2)
(2) Incomplete application. Within 15 calendar days after receiving an incomplete application for initial or renewal company certification, the department shall give the applicant instructions on how to complete the application. The department may require the applicant to submit a $25 processing fee when additional or corrected information must be obtained.
DHS 159.17(3)
(3) Void application. An application the department determines is not complete within 90 calendar days after the department first receives the application is void. To be reconsidered for company certification, the applicant shall submit a new application to the department.
DHS 159.17 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.18
DHS 159.18 Company certification effective dates and expiration dates. DHS 159.18(1)
(1)
Effective dates. Certification is effective on the date the department issues the company certificate to the applicant.
DHS 159.18(2)
(2) Expiration dates. Certification shall expire 24 months after the certification effective date.
DHS 159.18 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.19
DHS 159.19 General responsibilities of asbestos companies. DHS 159.19(1)(1)
Company advertising. Advertisement for conducting regulated asbestos activities shall include the name and address of the asbestos company as it appears on the application for company certification submitted to the department under this subchapter, or as later changed by notification to the department under
sub. (2).
DHS 159.19(2)
(2) Notification of company change. The asbestos company shall notify the department in writing at least 10 working days before any of the following:
DHS 159.19(3)
(3) Notification of asbestos abatement. Before an asbestos company may begin an asbestos abatement activity, the company shall notify the department as required under
s. DHS 159.20.
DHS 159.19(4)
(4) Exterior asbestos worker training. An asbestos company shall ensure that annual asbestos refresher training is completed by each exterior asbestos worker it employs or with whom it contracts. The company shall maintain documentation of training completion for each employee, as required under
sub. (7). This documentation shall identify the training as annual training for the exterior asbestos worker discipline and include the training provider name, address and telephone number, names of instructors and students in attendance, training date, and class start and end times.
DHS 159.19(5)
(5) Company certificates. No person may give, trade, sell, loan, or use a company certificate that belongs to another person. A certificate may be copied only for record keeping purposes. If a certificate is copied, the person who makes the copy shall clearly label the copy with the word “copy" across the front. The person to whom the department issues a certificate is the owner of that certificate and shall do all of the following:
DHS 159.19(5)(b)
(b) Make the certificate available for inspection upon request.
DHS 159.19(5)(c)
(c) Return a suspended, revoked, or otherwise invalid certificate to the department within 10 calendar days of the department's request.
DHS 159.19(5)(d)
(d) Promptly request a replacement certificate if the certificate is lost, stolen or damaged by submitting an application form obtained from the department and payment of a $25 replacement fee.
DHS 159.19 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:
plicasbstoslead@dhs.state.wi.us; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.
DHS 159.19(6)(a)(a) An asbestos company shall cooperate with the department when the department conducts inspection or audit activities to determine compliance with this chapter or any other applicable statute or rule.
DHS 159.19(6)(b)
(b) An asbestos company shall comply with department requests that all individuals exit containment or other regulated areas.
DHS 159.19(6)(c)
(c) An asbestos company may not prevent or hinder a representative of the department from doing any the following:
DHS 159.19(6)(c)1.
1. Entering any property or premises on which the company, a company employee or a person under contract with the company is engaged in a regulated asbestos activity, or where the asbestos company conducts business.
DHS 159.19(6)(c)2.
2. Reviewing or copying records required under
sub. (7) or any other records relating to regulated asbestos activities.
DHS 159.19(6)(c)5.
5. Conducting other activities necessary to determine compliance with this chapter.
DHS 159.19(6)(d)
(d) An asbestos company may not confiscate an individual's original training certificate or certification card, unless the department directs it to do so, and it may not copy an individual's training certificate or certification card except for record keeping purposes. If a training certificate or certification card is copied, the person who makes the copy shall clearly label “copy" across the front.
DHS 159.19(6)(e)
(e) An asbestos company may not charge a fee for the department to conduct an on-site audit of a training course.
DHS 159.19(7)(a)(a)
Asbestos abatement and management activities. An asbestos company shall retain all records related to its asbestos abatement or management activities for at least 3 years after the documents are created or received by the company. The company shall maintain the records at the address provided on the company application. Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The company shall retain all of the following records as appropriate to the type of regulated activities the company performs:
DHS 159.19(7)(a)4.
4. Any written contracts for asbestos abatement, inspection, management planning, or project design activities conducted by the company.
DHS 159.19(7)(a)5.
5. Any asbestos inspection reports and any asbestos bulk sampling laboratory results.
DHS 159.19(7)(a)6.
6. Documentation of annual training required under
sub. (4) for any certified exterior asbestos workers.
DHS 159.19(7)(b)
(b) Asbestos training activities. An asbestos company that is a training provider shall retain all records related to regulated asbestos training activities for at least 3 years after the documents are created or received by the company, except t course curriculum materials, which shall be retained for at least 3 years after the materials are no longer used. The company shall maintain the records at the address provided on the company application. Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The records retained by the company shall include all of the following:
DHS 159.19(7)(b)1.
1. The original certificate of course accreditation from the department.
DHS 159.19(7)(b)2.
2. A complete copy of the approved course curriculum, including the instructor and student manuals, course agenda, course test, printed and audiovisual materials used in the course, any other material submitted as part of the application for accreditation and any documents reflecting later changes made to an accredited course.
DHS 159.19(7)(b)3.
3. For each class conducted, the course test questions, answer key, date the test was administered, discipline of the training course, name of the person who administered the test, names of students who completed the test, and the scored test or answer sheet for each student including passing and failing tests.
DHS 159.19(7)(b)8.
8. Documentation of principal instructor and guest instructor qualifications, including copies of principal instructor approvals.
DHS 159.19(7)(b)9.
9. The quality control plan required under
s. DHS 159.22 (5), including documentation of activities conducted in compliance with the quality control plan.
DHS 159.19(8)
(8) Compliance with applicable laws. When conducting regulated asbestos activities, the asbestos company shall comply with this chapter, other applicable state and federal asbestos laws and regulations, and local ordinances relating to asbestos, including the following:
DHS 159.19(8)(a)
(a) Department of safety and professional services asbestos regulations for public sector employee health and safety under
ch. SPS 332.
DHS 159.19(8)(d)
(d) U.S. EPA regulations under
40 CFR 763 subpart E, asbestos-containing materials in schools, including appendix C, asbestos model accreditation plan, and appendix D, transport and disposal of asbestos waste, and subpart G to
40 CFR 763, asbestos worker protection.
DHS 159.19(8)(e)
(e) U.S. EPA national emission standards for hazardous air pollutants under
40 CFR 61 subparts A, general provisions, and M, national emission standards for asbestos.
DHS 159.19 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09; correction to numbering of (8) (f) and (g) made under s.
13.92 (4) (b) 1., Stats.,
Register February 2009 No. 638; correction in (8) (a) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673.
DHS 159.20
DHS 159.20 Asbestos abatement notification. DHS 159.20(1)(1)
Notification requirement. Before it may set up to perform an asbestos abatement activity, an asbestos company shall notify the department as required under this section on a form obtained from or approved by the department and shall pay the applicable fee specified under
sub. (8).
DHS 159.20(2)
(2) Abatement activities that require notification. DHS 159.20(2)(a)(a) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of a residential structure that has fewer than 5 dwelling units:
DHS 159.20(2)(a)1.
1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of friable or non-friable asbestos-containing material.
DHS 159.20(2)(a)2.
2. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.
DHS 159.20(2)(b)
(b) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of any facility other than a residential structure that has fewer than 5 dwelling units:
DHS 159.20(2)(b)1.
1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of non-friable asbestos-containing material.
DHS 159.20(2)(b)2.
2. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, but less than 160 square feet, 260 linear feet, 35 cubic feet of friable asbestos-containing material, or less than 5,580 square feet of asbestos-containing roofing using mechanical methods.
DHS 159.20(2)(b)3.
3. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.
DHS 159.20(3)
(3) Exceptions to notification. Notification is not required when removal is conducted before a fire burn or demolition regulated under
ch. NR 447 and notification is made to the Wisconsin department of natural resources.
DHS 159.20 Note
Note: The Department of Natural Resources also has notification requirements under ch.
NR 447 that apply to structures other than residential structures with fewer than 5 dwelling units. Notification to the DNR is required before the removal of any amount of asbestos-containing material for DNR-regulated demolitions and before the removal of friable asbestos or regulated asbestos-containing material in amounts of 160 sq. ft., 260 lnr. ft., or 35 cu. ft., or more, for renovation and planned renovation projects. For more information on DNR requirements, visit the DNR website at
http://dnr.wi.gov and type in keyword “asbestos" in the Site Search.
DHS 159.20(4)
(4) Required content of notification. Notification shall include all of the following:
DHS 159.20(4)(a)
(a) A unique company project number assigned by the asbestos company.
