Chapter DHS 163

DHS 163.11(3)(a) (a) Requirement for refresher training.

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) (b) Required refresher training course.

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 DHS 163.12 Certification of a company.

DHS 163.12(1) (1) Requirement.

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)(a) (a) Apply. Submit a completed application under sub. (3).

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.

DHS 163.12(2)(cm) (cm) Maintain records. Agree to maintain records as required under s. DHS 163.13 (3).

DHS 163.12(2)(d) (d) Affirm knowledge of applicable regulations. An authorized representative of the company shall sign an affirmation of knowledge of the requirements for conducting regulated work under this chapter.

DHS 163.12(3) (3) Application for certification. A person seeking certification shall submit an application under par. (a) or (b) to the department:

DHS 163.12(3)(a) (a) Application for a nongovernmental company.

DHS 163.12(3)(a)1. 1. ‘Application form.’ The company that is not a governmental agency shall submit a fully and accurately completed application on a form obtained from the department. The application shall include all of the following information:

DHS 163.12(3)(a)1.a. a. The company’s name, mailing address, physical address and telephone number and the physical address of records required under s. DHS 163.13 (3) if different from the physical address.

DHS 163.12(3)(a)1.b. b. The federal employer identification number or a statement why the company does not have one.

DHS 163.12(3)(a)1.c. c. Names and social security numbers of the company’s owners.

DHS 163.12(3)(a)1.d. d. Names of corporate officers if the company is incorporated.

DHS 163.12(3)(a)1.e. e. The name of an individual who meets one of the certification requirements under sub. (2) (d) or the completed regulatory worksheet under sub. (2) (d) 2.

DHS 163.12 Note Note: The regulatory worksheet under DHS 163.12 (2) (d) 2. was repealed by CR 19-110. The language referring to the regulatory worksheet will be repealed in future rulemaking by the department.

DHS 163.12(3)(a)1.f. f. A statement signed by an owner or officer of the company attesting that the company will employ or contract with only appropriately certified persons when certification is required under this chapter.

DHS 163.12(3)(a)1.g. g. A statement signed by an owner or officer of the company attesting that the company, its employees and subcontractors will comply with the requirements of this chapter when conducting activities regulated under this chapter.

DHS 163.12(3)(a)2. 2. ‘Fee.’ The application shall include all the following fees:

DHS 163.12(3)(a)2.a. a. A nonrefundable initial certification fee of $125.

DHS 163.12(3)(a)2.b. b. Any other fee imposed by the department as necessary to cover costs of administering this chapter.

DHS 163.12(3)(b) (b) Application for a governmental agency. A company that is a governmental agency shall submit a fully and accurately completed application on a form obtained from the department. The application shall include all of the following information:

DHS 163.12(3)(b)1. 1. Name, mailing address, physical address and telephone number for the agency and physical address of records required under s. DHS 163.13 (3) if different from the agency’s physical address.

DHS 163.12(3)(b)2. 2. A statement signed by an authorized representative of the agency attesting that the agency will employ or contract with only appropriately certified persons when certification is required under this chapter.

DHS 163.12(3)(b)3. 3. A statement signed by an authorized representative of the agency attesting that the agency, its employees and subcontractors will follow the work practice standards in s. DHS 163.14 when conducting activities covered by the work practice standards.

DHS 163.12 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 163.12 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 163.12(4) (4) Action by the department.

DHS 163.12(4)(a) (a) Time limit. Within 15 working days after receipt of a fully and accurately completed certification application, the department shall grant or deny a lead company’s request for certification.

DHS 163.12(4)(b) (b) Grant certification. If the department grants company certification, the department shall issue a certificate of approval.

DHS 163.12(4)(c) (c) Deny certification. If the department denies company certification, the department shall give the company a written explanation for the denial and shall notify the company of the right to appeal that decision under s. DHS 163.33.

DHS 163.12(5) (5) Expiration of company certification. A company’s certification shall expire 2 years after the certification issue date.

DHS 163.12(6) (6) Renewal of certification.

DHS 163.12(6)(a) (a) Requirement. No person may perform, supervise, advertise, claim to provide or offer to perform or supervise an activity for which company certification is required under this subchapter after the expiration date of that company’s certification. A company shall submit all of the following to the department to apply for recertification before certification expires or within 12 months after certification expires:

DHS 163.12(6)(a)1. 1. A completed application for renewal of company certification indicating changes to company information since the previous application.

DHS 163.12(6)(a)2. 2. A nonrefundable fee of $125, except that a state or local government agency is exempt from paying the fee.

DHS 163.12 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 163.12 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 163.12(6)(b) (b) Action by the department.

DHS 163.12(6)(b)1. 1. ‘Time limit.’ Within 15 working days after receipt of a fully and accurately completed application, the department shall grant or deny a company’s request for renewal of certification.

DHS 163.12(6)(b)2. 2. ‘Grant renewal of certification.’ If the department grants a company renewal of certification, the department shall issue a certificate of approval.

DHS 163.12(6)(b)3. 3. ‘Deny renewal of certification.’ If the department denies a company renewal of certification, the department shall give the company a written explanation for the denial and shall notify the company of the right to appeal that decision under s. DHS 163.33.

DHS 163.12(6)(c) (c) Length of company renewal of certification. When the department renews a company certification, the department shall extend the company’s certification 2 years from the date of expiration.

DHS 163.12 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.), eff. 10-16-09; CR 09-085: am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.) Register March 2010 No. 651, eff. 4-1-10; correction in (3) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register March 2010 No. 651; CR 19-110: am. (1) (a), (am), r. (1m), am. (2) (intro.), (b), r. and recr. (2) (d), r. (3) (a) 1. am., am. (3) (a) 1. g., 2. a., (4) (a), (6) (a) 2., (b) 1. Register June 2021 No. 786, eff. 7-1-21; correction in (3) (a) 1. e. made under s. 13.92 (4) (b) 7., Stats., Register June 2021 No. 786.

DHS 163.13 DHS 163.13 Responsibilities when conducting regulated activity.

DHS 163.13(1) (1) May not refuse entry. No person at a site where a lead company conducts business or at the site of a current or previously conducted activity regulated under this chapter may refuse entry to any representative of the department acting under the authority of s. DHS 163.30 (3).

DHS 163.13(2) (2) Requirement for valid card on site. Only a Wisconsin lead certification card is valid in this state for performing an activity regulated under this chapter. Each individual performing or supervising an activity that requires certification under this chapter shall be in possession of a valid unexpired certification card at the job site, unless the individual is working under provisional certification. An individual working under provisional certification shall have a copy of their training diploma at the job site.

DHS 163.13(3) (3) Requirement for recordkeeping.

DHS 163.13(3)(a) (a) Lead hazard reduction. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of an activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). 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 activities the company performs:

DHS 163.13(3)(a)1. 1. Any written contract for lead hazard reduction activities conducted by the company.

DHS 163.13(3)(a)2. 2. A copy of the final lead abatement report required under s. DHS 163.14 (1) (m) for each lead abatement activity conducted by the company, which shall include a copy of the written project notice, occupant protection plan, description of work activities conducted and final clearance report for the activity.

DHS 163.13(3)(a)3. 3. A lead company certificate from the department.

DHS 163.13(3)(b) (b) Lead investigation activities. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of an activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). 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 activities the company performs:

DHS 163.13(3)(b)1. 1. Any written contract for lead investigation activities conducted by the company.

DHS 163.13(3)(b)2. 2. A report prepared under s. DHS 163.14 (5) for each clearance activity conducted by the company, including visual inspection results and dust sampling laboratory results.

DHS 163.13(3)(b)3. 3. A report prepared under s. DHS 163.14 (7) for each lead hazard screen conducted by the company, including any XRF testing results and any dust, paint and soil sampling results.

DHS 163.13(3)(b)4. 4. A report prepared under s. DHS 163.14 (8) for each lead inspection or partial inspection conducted by the company, including any XRF testing results and any paint or soil sampling laboratory results.

DHS 163.13(3)(b)5. 5. A report prepared under s. DHS 163.14 (9) for each lead risk assessment conducted by the company, including any XRF testing results and any dust, paint or soil sampling laboratory results.

DHS 163.13(3)(b)6. 6. A lead company certificate from the department.

DHS 163.13(3)(c) (c) Renovation activities. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of a renovation activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. Within 10 working days post-renovation, the company performing the renovation shall provide a renovation report that includes a copy of each document created for the renovation under this subsection to the person contracting for the renovation, and to any adult occupant of a dwelling unit or representative of a child-occupied facility affected by the renovation. The company shall retain and provide as required all the following records:

DHS 163.13(3)(c)1. 1. Any written contract for renovation activities conducted by the company.

DHS 163.13(3)(c)2. 2. Any inspection or partial inspection report from a certified lead inspector or risk assessor certifying that lead-based paint is not present on components that will be affected by the renovation activity and that lead-safe work practices will not be required.