DHS 163.10(6)(c)1.1. `Upon application.' If an individual applies for certification and meets all of the conditions for initial certification under sub.
(3), the department may grant initial certification. When certification is granted, the department shall issue a certification card for the discipline under sub.
(2).
DHS 163.10(6)(c)2.
2. `Upon passing certification examination.' When an individual with interim certification passes the certification examination for the discipline, the department shall change the individual's certification from interim to initial and shall issue a revised certification card for the balance of the certification term.
DHS 163.10(6)(d)
(d)
Deny certification. If certification is denied, the department shall give the applicant a written explanation for the denial and shall notify the applicant of the right to appeal that decision under s.
DHS 163.33.
DHS 163.10(7)(a)(a)
Interim certification. Interim certification shall remain valid for a maximum of 6 months after the completion date of the most recent training course for the discipline under s.
DHS 163.11.
DHS 163.10(7)(b)
(b)
Initial certification. Initial certification shall remain valid for 2 years after the completion date of the most recent training required under s.
DHS 163.11.
DHS 163.10(8)(a)(a)
Requirement. No individual certified under this subchapter may perform an activity for which certification is required after the expiration date on that individual's certification card until the individual is recertified by the department. An individual shall use this subsection to apply for recertification before certification expires or within 12 months after certification expires.
DHS 163.10 Note
Note: If 12 months or more have passed since a certification expired, the applicant must apply for initial certification under subs. (3) to (7).
DHS 163.10(8)(c)
(c)
Application. An applicant for recertification shall submit all of the following to the department:
DHS 163.10(8)(c)1.
1. `Application form.' A completed application signed by the applicant on a form obtained from the department.
DHS 163.10(8)(c)2.
2. `Photograph.' Except when a photograph was submitted to the department by a training provider after the applicant completed a required course, a recent, clearly identifiable color photograph of the applicant, taken within the previous 24 months in the format specified by the department.
DHS 163.10(8)(c)3.
3. `Training diplomas.' Except when training information was submitted to the department by a training provider after the applicant completed a required course, a copy of any training diploma that was not previously submitted for training required under s.
DHS 163.11.
DHS 163.10(8)(c)4.
4. `Recertification fee.' A written request for a government certification fee exemption under subd.
4. gm. or a nonrefundable recertification fee as follows:
DHS 163.10(8)(c)4.h.
h. To qualify for government certification fee exemption upon recertification, the applicant shall verify current government employment and need for certification.
DHS 163.10(8)(c)5.
5. `Certification examination registration.' If required under
par. (b) 4. to take a certification examination, the applicant for recertification shall submit a certification examination registration form and a registration fee of $50.
DHS 163.10 Note
Note: Section DHS 163.10 (8) b. 4., which required certification examinations for recertification in limited circumstances, was repealed by
CR 19-110. Section DHS 163.10 (8) (c) 5. will be repealed in future rulemaking by the department.
DHS 163.10(8)(c)6.
6. `Other fees.' The department may assess other fees as necessary to cover costs of administering this chapter.
DHS 163.10 Note
Note: Applications are available on the department website at
http://dhs.wi.gov/lead. To request forms by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445.
DHS 163.10 Note
Note: Submit application and fee according to form instructions. To pay by credit or debit card, or electronic check, apply online at
http://dhs.wi.gov/lead.
DHS 163.10(8)(d)1.1. Within 15 working days after receipt of a fully and accurately completed application for recertification, the department shall grant or deny recertification.
DHS 163.10(8)(d)2.
2. If an individual applies for recertification and meets the conditions for recertification under par.
(b), the department may grant recertification. When recertification is granted, the department shall issue or arrange for the issuance of a certification card for the appropriate specific discipline under sub.
(2).
DHS 163.10(8)(d)3.
3. If recertification is denied, the department shall give the applicant a written explanation for the denial and shall notify the applicant of the right to appeal that decision under s.
DHS 163.33.
DHS 163.10(8)(e)1.1. When the department recertifies an individual, the department shall extend the certification of the individual for 2 years from the expiration date.
DHS 163.10(8)(e)2.
2. A person who is currently certified, whose last certification was for one year, and whose next training due date is one year after the current certification expiration date, will be eligible to apply for a one-time one-year recertification that shall expire on the same date as the next training due date. The certification fee for this one-time one-year certification will be one-half the current 2-year certification fee.
DHS 163.10 History
History:
CR 00-172: cr.
Register February 2002 No. 554, eff. 3-1-02; correction in (3) (d) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637;
EmR0928: emerg. am. (1) (intro.), (b), (c) (intro.), 1., (2) (intro.), (a) 1., 2., (b) 1., (3) (a) 1., (c) 2. a., (5) (f) 2., (7) (b) 2. (intro.), (8) (b) 3., (c) 4. (intro.) and (e), cr. (1) (bm), (d) (intro.), 2. to 5., (2) (c), (5) (g) 1. gm. and (8) (c) 4. gm., r. and recr. (1) (c) 2., renum. (1) (c) 3. to be (1) (d) 1. and am., r. (7) (b) 2. a. and b., eff. 10-16-09;
CR 09-085: am. (1) (intro.), (b), (c) (intro.), 1., (2) (intro.), (a) 1., 2., (b) 1., (3) (a) 1., (c) 2. a., (5) (f) 2., (7) (b) 2. (intro.), (8) (b) 3., (c) 4. (intro.) and (e), cr. (1) (bm), (d) (intro.), 2. to 6., (e), (2) (c), (5) (g) 1. gm. and (8) (c) 4. gm., r. and recr. (1) (c) 2., renum. (1) (c) 3. to be (1) (d) 1. and am., r. (7) (b) 2. a. and b.
Register March 2010 No. 651, eff. 4-1-10; correction in (1) (c) 1. made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673;
CR 19-110: am. (1) (intro.), (bm), (d) 2., r. and recr. (1) (e), am. (2) (b) 3., 4., (c), r. and recr. (3) (c) 1. to 3., am. (4), (5) (a), (b), r. and recr. (5) (c), am. (5) (d), r. and recr. (5) (f), am. (5) (g) 1. a. to h., 2., 3., (6) (a), cr. (6) (am), am. (6) (b), (c) 1., 2., r. and recr. (7) (b), am. (8) (a), (b) (intro.), r. (8) (b) 4., am. (8) (c) 1. to 3., 4. a. to gm., r. and recr. (8) (c) 4. h., am. (8) (d) 1., r. and recr. (8) (e) 1., 2.
Register June 2021 No. 786, eff. 7-1-21; correction in (5) (g) 1. a., (6) (b), (8) (c) 4. a. made under s.
35.17, Stats., and correction in (6) (am) made under s.
13.92 (4) (b) 12., Stats.,
Register June 2021 No. 786.
DHS 163.11
DHS 163.11
Certification training requirements. To be certified under this chapter as a lead abatement supervisor, abatement worker, hazard investigator, inspector, project designer, risk assessor, sampling technician or lead-safe renovator, an individual shall meet all of the following minimum training requirements:
DHS 163.11(1)
(1) Approved training. Each training course the individual completes for purposes of certification or recertification shall be any of the following:
DHS 163.11(1)(b)
(b) Accredited by EPA or an EPA-authorized state or tribal lead training and certification program if the department determines the course is comparable to a course or courses under s.
DHS 163.20 (8) and the course was completed in another state where the accrediting program has authority.
DHS 163.11(2)(a)(a)
Lead hazard reduction training. For certification to perform lead hazard reduction activities, an individual shall have successfully completed one or more department-approved initial training courses as follows:
DHS 163.11(2)(a)1.
1. `Lead abatement worker.' For certification as a lead abatement worker, an initial 1-day lead-safe renovation course followed by an initial 1-day lead abatement work course.
DHS 163.11(2)(a)2.
2. `Lead abatement supervisor.' For certification as a lead abatement supervisor, lead abatement worker training under subd.
1. followed by an initial 2-day lead abatement supervision course.
DHS 163.11(2)(a)3.
3. `Lead project designer.' For certification as a lead project designer, lead abatement supervisor training under subd.
2. followed by an initial 1-day lead project designer course.
DHS 163.11(2)(b)
(b)
Lead investigation training. For certification to perform lead investigation activities, an individual shall have successfully completed one or more department-approved initial training courses as follows:
DHS 163.11(2)(b)1.
1. `Lead sampling technician.' For certification as a lead sampling technician, an initial 1-day lead sampling course.
DHS 163.11(2)(b)2.
2. `Lead inspector.' For certification as a lead inspector, an initial 1-day lead sampling course followed by an initial 2-day lead inspection course.
DHS 163.11(2)(b)3.
3. `Lead hazard investigator.' For certification as a lead hazard investigator, an initial 1-day lead sampling course followed by an initial 2-day lead hazard investigation course.
DHS 163.11(2)(b)4.
4. `Lead risk assessor.' For certification as a lead risk assessor, an initial 1-day lead sampling course followed by an initial 2-day lead inspection course and an initial 2-day lead hazard investigation course.
DHS 163.11(2)(c)
(c) Lead-safe renovator training. For certification as a lead-safe renovator, an individual shall successfully complete a department-approved initial 1-day lead-safe renovation course.
DHS 163.11(3)(a)1.1. As a condition for recertification, an individual who is certified shall complete department-approved refresher training as follows:
DHS 163.11(3)(a)1.a.
a. An individual issued initial certification or recertification as a lead abatement supervisor, lead abatement worker, sampling technician, hazard investigator, inspector, project designer or risk assessor shall complete a refresher training course under par.
(b) every 2 years, as indicated by the training due date on the certification card.
DHS 163.11(3)(a)1.b.
b. An individual issued initial certification or recertification as a lead-safe renovator shall complete a refresher training course under par.
(b) every 4 years, as indicated by the training due date on the certification card.
DHS 163.11(3)(a)2.
2. As a condition for recertification, an individual whose certification has expired shall meet one of the following training requirements:
DHS 163.11(3)(a)2.a.
a. An individual issued certification as a lead abatement supervisor, abatement worker, sampling technician, hazard investigator, inspector, project designer, or risk assessor shall have completed a refresher training class before certification expired or shall complete a refresher training class and recertify under s.
DHS 163.10 (8) within 12 months after the certification expiration date.
DHS 163.11(3)(a)2.b.
b. An individual issued certification as a lead abatement supervisor, abatement worker, sampling technician, hazard investigator, inspector, project designer, or risk assessor whose certification has been expired for more than 12 months shall complete an initial training course in that discipline under sub.
(2) (a) or
(b) before applying for certification under s.
DHS 163.10 (5).
DHS 163.11(3)(a)2.c.
c. An individual issued certification as a lead-safe renovator whose certification has expired but whose training due date has not yet passed may recertify under s.
DHS 163.10 (8) without taking a refresher training class and shall receive a new certification expiration date equal to the current training due date.
DHS 163.11(3)(a)2.d.
d. An individual issued certification as a lead-safe renovator whose training due date has passed and whose certification has been expired for less than 12 months shall complete a refresher training class and recertify under s.
DHS 163.10 (8) within 12 months after the certification expiration date.
DHS 163.11(3)(a)2.e.
e. An individual issued certification as a lead-safe renovator whose training due date has passed and whose certification has been expired for 12 months or more shall complete an initial lead-safe renovation training class under sub.
(2) (c) before applying for certification under s.
DHS 163.10 (5).
DHS 163.11(3)(b)1.1. `Refresher training for lead hazard reduction disciplines.' For lead hazard reduction disciplines, an individual shall successfully complete refresher courses approved by the department for lead hazard reduction disciplines. The minimum number of department-approved hours required for lead hazard reduction disciplines are as follows:
DHS 163.11(3)(b)1.a.
a. For certification as a lead abatement worker, a 4-hour lead abatement worker refresher training course.
DHS 163.11(3)(b)1.b.
b. For certification as a lead abatement supervisor, an 8-hour lead abatement supervisor refresher training course.
DHS 163.11(3)(b)1.c.
c. For certification as a lead project designer, a 4-hour lead project designer refresher training course.
DHS 163.11(3)(b)2.
2. `Refresher training for lead investigation disciplines.' For lead investigation disciplines, an individual shall successfully complete refresher courses approved by the department for lead investigation disciplines. The minimum number of department-approved hours required for lead investigation disciplines are as follows:
DHS 163.11(3)(b)2.a.
a. For certification as a lead sampling technician, a 4-hour lead sampling technician refresher training course.
DHS 163.11(3)(b)2.b.
b. For certification as a lead inspector, an 8-hour lead inspector refresher training course.
DHS 163.11(3)(b)2.c.
c. For certification as a lead hazard investigator, an 8-hour lead hazard investigator refresher training course.
DHS 163.11(3)(b)2.d.
d. For certification as a lead risk assessor, an 8-hour lead risk assessor refresher training course.
DHS 163.11(3)(b)3.
3. `Refresher training for lead-safe renovator discipline.' For the lead-safe renovator discipline, an individual shall successfully complete a 4-hour lead-safe renovator refresher course approved by the department.
DHS 163.11(4)
(4) Proof of training. The individual shall retain an original training diploma, issued by the training provider, for each required training course completed.
DHS 163.11 History
History:
CR 00-172: cr.
Register February 2002 No. 554, eff. 3-1-02;
EmR0928: emerg. am. (intro.), (2) (a) 1., (3) (a) 1., 2. b., (b) (title) and 2. a., r. (1) (c) and (d), cr. (2) (c) and (3) (b) 3., eff. 10-16-09;
CR 09-085: am. (intro.), (2) (a) 1., (3) (a) 1., 2. b. and (b) (title), r. (1) (c) and (d), cr. (2) (c), (3) (b) 3. and (3m)
Register March 2010 No. 651, eff. 4-1-10;
CR 19-110: r. (2) (c) 2., r. and recr. (3) (a) 2., cr. (3) (a) 2. c. to e., am. (3) (b) 2. a., r. (3m), am. (4)
Register June 2021 No. 786, eff. 7-1-21; correction in numbering of (2) (c) made under s.
13.92 (4) (b) 1., Stats.,
Register June 2021 No. 786.
DHS 163.12(1)(a)(a) Except as provided under par.
(b), a person shall be certified by the department as a lead company under this chapter and shall have appropriately certified staff or shall contract with an appropriately certified person before it may perform, supervise, advertise, claim to provide or offer to perform or supervise a lead renovation activity, lead hazard reduction activity or a lead investigation activity for which certification is required under s.
DHS 163.10 (1), or a lead training activity for which accreditation is required under s.
DHS 163.20 (1).
DHS 163.12(1)(am)
(am) Except as provided under par.
(b), a person shall be certified by the department as a company under this chapter and shall have appropriately certified staff or shall contract with an appropriately certified person before it may perform, supervise, advertise, claim to provide or offer to perform or supervise a renovation activity for which certification is required under s.
DHS 163.10 (1).
DHS 163.12(1)(b)
(b) A person is not required to be certified as a company when the person is a homeowner who personally performs regulated activities only on the owner's owner-occupied dwelling unit and the owner-occupied dwelling unit is not occupied by an individual other than the property owner's immediate family.
DHS 163.12(2)
(2) Conditions for certification. To be certified as a lead company, an applicant shall do all of the following:
DHS 163.12(2)(b)
(b)
Use certified persons. Agree to employ or contract with only appropriately certified
persons to perform or supervise regulated activities when certification is required under this chapter.
DHS 163.12(2)(c)
(c)
Follow work practice standards. Agree that all company employees or subcontractors will follow the applicable work practice standards under s.
DHS 163.14 when performing activities covered by the standards.
