DHS 163.03(115)
(115) “Wet sanding" or “wet scraping" means a process of removing loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust.
DHS 163.03(116)
(116) “Window system" means all components associated with the operation or decoration of a window, including the framing, casing, lower and upper sash, jamb, parting bead, inside stop, outside stop, channel guide or track, interior sill or stool, trough or well, exterior sill, apron, storm window, screen window, muntin, mullion and window trim.
DHS 163.03(117)
(117) “Window trough" or “window well" means the portion of the windowsill between the interior windowsill or stool and the frame of the storm window. If there is no storm window, the window trough is the area that would receive upper and lower sashes if they were lowered.
DHS 163.03(118)
(118) “Working day" means any day except Saturday, Sunday and holidays designated in s.
230.35 (4) (a), Stats., and federal holidays.
DHS 163.03(119)
(119) “XRF" means a portable instrument, analyzer or device used to determine lead concentration in milligrams per square centimeter using the principle of x-ray fluorescence.
DHS 163.03 History
History:
CR 00-172: cr.
Register February 2002 No. 554, eff. 3-1-02;
corrections in (23) and (51) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register January 2009 No. 637;
EmR0928: emerg. am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83), eff. 10-16-09;
CR 09-085: am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83)
Register March 2010 No. 651, eff. 4-1-10; correction in (51) made under s.
13.92 (4) (b) 7., Stats.,
Register August 2020 No. 776;
CR 19-110: cr. (13) (d), am. (35), (41), (61), (63), (66), (74), (76), r. (82), cr. (88r), (91m), am. (96m), r. (97), cr. (102m), (107m), am. (108), (109), r. (113)
Register June 2021 No. 786, eff. 7-1-21; correction in (74) made under s.
35.17, Stats.,
Register June 2021 No. 786;
CR 23-046: am. (61) Register April 2024 No. 820, eff. 5-1-24. subch. II of ch. DHS 163
Subchapter II — Certification of Persons to Perform Lead-Safe Renovation, Lead Hazard Reduction, or Lead Investigation Activities
DHS 163.10
DHS 163.10
Certification of an individual. DHS 163.10(1)(1)
Requirement. Except as provided under pars.
(d) and
(e), an individual shall follow work practice requirements and meet all other responsibilities under this chapter and, except as provided under pars.
(c),
(d), and
(e), shall also be certified by the department under this subchapter and shall be associated with a certified lead company through ownership, employment or contract to do any of the following:
DHS 163.10(1)(a)
(a) Perform, supervise or offer to perform or supervise a lead abatement activity or lead investigation activity involving one of the following:
DHS 163.10(1)(a)1.
1. A child-occupied facility or the real property on which the child-occupied facility stands.
DHS 163.10(1)(a)2.
2. Target housing or the real property on which the target housing stands when one of the following applies:
DHS 163.10(1)(a)2.a.
a. The individual performing the work does not own the target housing or real property.
DHS 163.10(1)(a)2.b.
b. An individual other than the property owner or the property owner's immediate family rents or occupies the target housing or real property.
DHS 163.10(1)(a)2.c.
c. A child residing in the target housing has been identified as having an elevated blood lead level.
DHS 163.10(1)(b)
(b) Perform or supervise a lead hazard reduction activity when certification is required under an order issued by a court, the department, another state agency or a local agency, under a contract, or as a condition for payment of services.
DHS 163.10(1)(bm)
(bm) Perform, supervise or offer to perform or supervise a renovation activity for compensation in target housing or a child-occupied facility.
DHS 163.10(1)(c)
(c) A person is not required to be certified by the department under par.
(bm), but is subject to all work practice requirements and other responsibilities under this chapter when any one of the following applies:
DHS 163.10(1)(c)1.
1. All regulated activities are within the scope of a license, certification or registration issued by the department of safety and professional services under s.
101.178, Stats., or ch.
145, Stats., and the individual performing the regulated activities has completed lead-safe renovation training under s.
DHS 163.11 (2) (c) as evidenced by possession of a current and valid course completion certificate at the worksite whenever performing regulated work.
DHS 163.10 Note
Note: Section
101.178, Stats., relates to department of safety and professional services certification of heating, ventilating and air conditioning installers and servicers. Chapter
145, Stats., relates to department of safety and professional services licensure of master plumbers and journeyman plumbers, registration of apprentice plumbers, licensure of automatic fire sprinkler system installers, registration of automatic fire sprinkler system apprentices, and registration of automatic fire sprinkler fitters for maintaining an existing automatic fire sprinkler system.
DHS 163.10(1)(c)2.
2. The individual conducting the renovation activity has been trained by a certified lead-safe renovator under s.
DHS 163.13 (7) on the lead-safe work practices to be used to perform assigned tasks and is under the supervision of a certified lead-safe renovator during the renovation activity as required under s.
DHS 163.14 (11) (c).
DHS 163.10(1)(d)
(d) A person is not required to be certified under par.
(bm), and is not subject to other provisions under this chapter, when any one of the following applies:
DHS 163.10(1)(d)1.
1. The paint involved in the renovation activity has been tested by a person certified as a lead inspector, hazard investigator or risk assessor, who has determined that the paint does not meet the definition of lead-based paint under s.
DHS 163.03 (61).
DHS 163.10(1)(d)2.
2. The paint to be involved in the renovation activity has been tested by a certified lead-safe renovator using a recognized test kit, as defined under s.
DHS 163.03 (96m), and following the kit manufacturer's instructions, who has determined that the paint does not meet the definition of lead-based paint under s.
DHS 163.03 (61).
DHS 163.10(1)(d)4.
4. The work involves replacing only broken panes of glass in a window and no painted surface is disturbed.
DHS 163.10(1)(d)5.
5. The work is a renovation activity that is not performed for compensation and no other conditions requiring certification exist.
DHS 163.10 Note
Note: For the requirement that a company be certified to perform, supervise or offer to perform or supervise a lead abatement investigation, or renovation activity, see s.
DHS 163.12.
DHS 163.10(1)(d)6.
6. The work is a renovation activity performed by the homeowner in the homeowner's owner-occupied unit and no other dwelling unit or common area is affected.
DHS 163.10(1)(e)
(e) When performing a partial lead inspection a person is not required to be certified under par.
(a), and is not subject to other provisions under this chapter, if the presence of lead-bearing paint or a lead hazard is assumed and a renovation of a dwelling, unit of a dwelling, or premises is performed in a lead-safe manner. The person who performs a partial lead inspection under this subsection shall disclose, in writing, to the owner or lessor of the dwelling or premises before performing the partial lead inspection that the partial lead inspection being conducted is not a regulated activity and may not be used to declare the structure free of lead-based paint.
DHS 163.10(2)
(2) Disciplines. Certification of individuals shall be specific to one of the following lead hazard reduction, lead investigation, or renovation disciplines:
DHS 163.10(2)(a)1.1. `Lead abatement worker.' A certified lead abatement worker may perform any abatement activity, but must be supervised under s.
DHS 163.14 (1) (c) when performing abatement. A lead abatement worker may not prepare an occupant protection plan for abatement, prepare an abatement report, conduct sampling for abatement or supervise abatement activities. A certified lead abatement worker who completes a lead-safe renovation initial or refresher course, or a lead abatement worker refresher course after October 19, 2009, is also qualified to conduct renovation activities.
DHS 163.10(2)(a)2.
2. `Lead abatement supervisor.' A certified lead abatement supervisor may develop occupant protection plans, write abatement reports, and supervise or perform lead abatement activities. A certified lead abatement supervisor may take dust wipe samples before clearance is conducted to determine if cleanup is complete, but this activity does not meet the criteria for sampling under s.
901.055, Stats., or for clearance. A certified lead abatement supervisor who completes a lead-safe renovation initial or refresher course, or a lead abatement supervisor refresher course on or after October 19, 2009, is also qualified to conduct renovation activities.
DHS 163.10(2)(a)3.
3. `Lead project designer.' A certified lead project designer may design lead hazard reduction projects, develop occupant protection plans and write abatement reports. A certified lead project designer may not perform or supervise abatement or non-abatement lead-based paint activities without certification in an appropriate lead hazard reduction discipline.
DHS 163.10(2)(b)1.1. `Lead sampling technician.' When no abatement activity was performed, a certified lead sampling technician may conduct clearance following a renovation activity involving target housing or a child-occupied facility. A certified lead sampling technician may take dust wipe samples, and may take paint chip and soil samples when directly assisting a certified lead investigator, inspector or risk assessor to conduct other lead investigation activities. A certified lead sampling technician may not use an XRF, conduct clearance after an abatement activity or provide recommendations for reducing a lead hazard.
DHS 163.10(2)(b)2.
2. `Lead inspector.' A certified lead inspector may conduct any clearance, lead-free inspection or inspection activity, and may use an XRF. A certified lead inspector may assist a certified lead hazard investigator or risk assessor to conduct other lead investigation activities, but may not identify hazards or provide recommendations for reducing a lead hazard.
DHS 163.10(2)(b)3.
3. `Lead hazard investigator.' A certified lead hazard investigator may conduct any clearance, elevated blood-lead investigation, lead hazard screen, lead-safe investigation or risk assessment activity. A certified lead hazard investigator may assist a certified lead inspector or risk assessor to conduct a lead inspection, partial lead inspection, or lead-free inspection, but may not use an XRF.
DHS 163.10(2)(b)4.
4. `Lead risk assessor.' A certified lead risk assessor may conduct any lead investigation activity, including clearance, lead-free inspection, lead inspection, partial lead inspection, elevated blood-lead investigation, lead hazard screen, lead-safe investigation and risk assessment activities, and may use an XRF.
DHS 163.10(2)(c)
(c) Lead-safe renovator discipline. A certified lead-safe renovator may supervise or perform renovation activities, provide training on lead-safe work practices to uncertified workers, provide pre-renovation education materials to occupants and owners, conduct pre-renovation component testing using a recognized test kit, and conduct post-renovation cleaning verification.
DHS 163.10(3)(a)1.1. An applicant shall use this subsection and subs.
(4) to
(7) to apply for certification in a lead hazard reduction, lead investigation, or renovation discipline for the first time or after certification in the discipline has lapsed for 12 months or more.
DHS 163.10(3)(a)2.
2. An individual applying for initial certification in any discipline identified under sub.
(2) shall be 18 years of age or older, shall meet applicable education and experience qualifications under par.
(b), shall successfully complete certification training requirements under s.
DHS 163.11 and, to be certified as a lead abatement supervisor, hazard investigator, inspector, or risk assessor, shall pass a certification examination under par.
(c).
DHS 163.10(3)(a)3.
3. Before certification as a lead inspector or lead risk assessor may be granted, an individual applying for certification as a lead inspector or risk assessor shall have completed XRF manufacturer's training under par.
(d).
DHS 163.10(3)(a)4.
4. To apply for certification under subds.
1. to
3., the applicant shall submit to the department an application under sub.
(5) and include the applicable fee.
DHS 163.10 Note
Note: Use this subsection and subs. (4) to (7) to apply for certification in a discipline for the first time or after certification in the discipline has lapsed for 12 months or more. Use sub. (8) to apply for recertification before certification expires or within 12 months after certification expires.
DHS 163.10(3)(b)1.1. `Requirement.' An applicant for initial certification as a lead abatement supervisor, hazard investigator, project designer or risk assessor shall meet the applicable education and experience qualifications in this paragraph in addition to the certification training requirements under s.
DHS 163.11.
DHS 163.10(3)(b)2.
2. `Abatement supervisor.' An applicant for lead abatement supervisor certification shall meet or exceed one of the following:
DHS 163.10(3)(b)2.a.
a. Have one year of experience as a certified lead worker or lead abatement supervisor.
DHS 163.10(3)(b)2.b.
b. Have 2 years of experience in a related field, such as lead, asbestos or environmental remediation work, building maintenance or construction.
DHS 163.10(3)(b)3.
3. `Hazard investigator or risk assessor.' An applicant for lead risk assessor or lead hazard investigator certification shall meet one of the following:
DHS 163.10(3)(b)3.a.
a. Have a bachelor's degree and one year of experience in a related field, such as lead, asbestos, environmental remediation work or construction.
DHS 163.10(3)(b)3.b.
b. Have an associate's degree and 2 years of experience in a related field, such as lead, asbestos, environmental remediation work or construction.
DHS 163.10(3)(b)3.c.
c. Have a high school diploma or equivalent and 3 years of experience in a related field, such as lead, asbestos, environmental remediation work or construction.
DHS 163.10(3)(b)3.d.
d. Hold professional certification as an industrial hygienist, professional engineer or registered architect or in a related professional engineering, health or environmental field, such as safety professional or environmental scientist.
DHS 163.10(3)(b)3.e.
e. Be a registered nurse or registered sanitarian and be employed by a health department that provides oversight of the individual's activities.
DHS 163.10(3)(b)4.
4. `Project designer.' An applicant for lead project designer certification shall meet one of the following:
DHS 163.10(3)(b)4.a.
a. Have a bachelor's degree in engineering, architecture or a profession related to building construction and design and have one year experience in building construction and design or a field related to construction and design.
DHS 163.10(3)(b)4.b.
b. Have 4 years of experience in building construction and design or a field related to construction and design.
DHS 163.10(3)(c)
(c)
Certification examination for lead hazard investigators, inspectors, risk assessors, and abatement supervisors. DHS 163.10(3)(c)1.1. `Examination requirement.' To be certified, an applicant for initial certification as a lead abatement supervisor, hazard investigator, inspector, or risk assessor shall pass a certification examination administered by the department or by a person authorized by the department to administer the certification examination under the department's direction or with the department's approval.
DHS 163.10(3)(c)2.
2. `Timing of certification examination.' An applicant for initial certification to whom the department granted interim certification under sub.
(6) (b) shall take the next available certification examination offered at a reasonably accessible location, as determined by the department. The applicant with interim certification may take the certification examination a maximum of 3 times within 6 months after completing an approved training course for the discipline under s.
DHS 163.11. If an applicant does not pass the certification examination and become certified by the department after up to 3 attempts within this 6-month period, the department may revoke the interim certification and shall deny initial certification. The individual will not be eligible to re-apply for a period of 12 months from the date of denial. The individual shall retake the initial training course before reapplying for initial certification in the same discipline.
DHS 163.10(3)(c)3.
3. `Certification examination registration.' To register for a certification examination, an applicant shall submit to the department a completed application for certification under sub.
(5) with the appropriate fees under sub.
(5) (g).
DHS 163.10(3)(c)4.
4. `Rescheduling a certification examination.' If unable to take the certification examination at the time or date scheduled by the department, the applicant may reschedule the certification examination for another time or date without payment of an additional fee if the applicant requests the change not less than one working day prior to the scheduled certification examination. The certification examination fee is not refundable.
DHS 163.10(3)(d)
(d)
XRF manufacturer's training for lead inspectors or risk assessors. DHS 163.10(3)(d)1.1. `Requirement for training.' For certification as a lead inspector or risk assessor, an individual shall complete manufacturer's training meeting the requirements under ch.
DHS 157 for at least one make and model of XRF that the individual will be using and shall submit a completion certificate for the training before certification as a lead inspector or risk assessor may be issued. Documentation of any other training completed to operate other makes or models of XRF shall be retained by the applicant and submitted upon request by the department.
DHS 163.10(3)(d)2.
2. `Certification pending training.' Pending completion of XRF manufacturer's training to use an XRF, an applicant for lead inspector certification who meets all other qualifications shall be issued certification as a lead sampling technician, and an applicant for lead risk assessor certification who meets all other qualifications shall be issued certification as a lead hazard investigator.
DHS 163.10(4)
(4) Submission of documentation. If an applicant submits a photocopy rather than an original document, the department may require the copy to be signed by a notary public as a true copy of the original before submitting the copy to the department.
DHS 163.10(5)
(5) Application for initial certification. An individual applying for initial certification shall submit all of the following to the department:
DHS 163.10(5)(a)
(a)
Application form. A complete application signed by the applicant on a form obtained from the department.
DHS 163.10 Note
Note: Under ss.
250.041 and
254.115, Stats., the social security number is required but will not be made available to the public.
DHS 163.10(5)(b)
(b)
Photograph. Except when a photograph was submitted to the department by a training provider after the applicant completed a required course, a clearly identifiable color photograph of the applicant, taken within the previous 24 months in the format specified by the department.
DHS 163.10(5)(c)
(c)
Photo identification. An individual who has not completed a course accredited by the department shall provide a clear copy of an official photo identification with date of birth, such as a state-issued identification, driver's license, or passport.
DHS 163.10(5)(d)
(d)
Documentation of training. All previous required training diplomas or other documentation for required training under s.
DHS 163.11. In addition, the department may ask the training provider or another certification program to verify training was completed as documented.
DHS 163.10(5)(e)
(e)
Documentation of education and experience. Except as provided under par.
(f), for certification as a lead abatement supervisor, hazard investigator, project designer or risk assessor, an affidavit of education and experience required under sub.
(3) (b) on a form obtained from the department. The applicant shall also be prepared to submit one or more of the following forms of documentation if requested by the department:
DHS 163.10(5)(e)1.
1. `Education.' For documentation of education, an official transcript or diploma.
DHS 163.10(5)(e)2.
2. `Experience.' For documentation of experience, information describing the relevant experience, which shall include the month and year the experience began and the month and year the experience ended or a statement that experience is ongoing, and which may include one or more of the following:
DHS 163.10(5)(e)2.b.
b. A letter describing the tasks performed by the individual and signed by the employer where the experience was obtained.
DHS 163.10(5)(e)2.c.
c. Letters of reference from individuals with knowledge of the applicant's experience.
DHS 163.10(5)(e)2.e.
e. Copies of certifications issued by other jurisdictions that allowed the individual to perform related work.
DHS 163.10(5)(e)3.
3. `Other professional certification.' For documentation of other professional certification, a copy of the certification.
DHS 163.10(5)(f)
(f)
Other documentation. An applicant requesting certification based on current certification issued by EPA or another EPA-authorized state or tribal program shall submit a copy of their current certification issued by EPA or an EPA-authorized state or tribe, notarized as a true copy of the original document.
DHS 163.10(5)(g)1.1. `Initial certification fee.' A written request for a government certification fee exemption under subd.
1. h. or a nonrefundable initial certification fee as follows:
