Wisconsin Legislature: DHS 163.12(6)(a)

Alert! This chapter may be affected by an emergency rule:

EmR2502

(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.

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

(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.

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

(a) Application for a nongovernmental company.

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:

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.

b. The federal employer identification number or a statement why the company does not have one.

c. Names and social security numbers of the company’s owners.

d. Names of corporate officers if the company is incorporated.

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.

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 was repealed by CR 19-110. The language referring to the regulatory worksheet will be repealed in future rulemaking by the department.

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.

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.

2. ‘Fee.’ The application shall include all the following fees:

a. A nonrefundable initial certification fee of $125.

b. Any other fee imposed by the department as necessary to cover costs of administering this chapter.

(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:

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.

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.

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.

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.

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.

(4) Action by the department.

(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.

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

(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.

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

(6) Renewal of certification.

(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:

1. A completed application for renewal of company certification indicating changes to company information since the previous application.

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

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.

(b) Action by the department.

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.

2. ‘Grant renewal of certification.’ If the department grants a company renewal of certification, the department shall issue a certificate of approval.

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.

(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.

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 Responsibilities when conducting regulated activity.

(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).

(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.

(3) Requirement for recordkeeping.

(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:

1. Any written contract for lead hazard reduction activities conducted by the company.

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.

3. A lead company certificate from the department.

(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:

1. Any written contract for lead investigation activities conducted by the company.

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.

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.

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.

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.

6. A lead company certificate from the department.

(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:

1. Any written contract for renovation activities conducted by the company.

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.

3. A signed and dated acknowledgement of receipt of the pre-renovation education pamphlet under s. DHS 163.14 (10).

4. Written certification of delivery of the pre-renovation education pamphlet when the company has been unsuccessful in obtaining written acknowledgement from an adult occupant under s. DHS 163.14 (10).

5. A certificate of mailing when the pre-renovation education pamphlet is sent by U.S. mail under s. DHS 163.14 (10).

6. A signed and dated statement recording steps taken to notify occupants of upcoming paint disturbing activities in common areas under s. DHS 163.14 (10).

7. For each renovation activity conducted by the company, documentation of compliance with the requirements of s. DHS 163.14, including documentation that a certified lead-safe renovator was assigned to the project, that the certified renovator provided on-the-job training for uncertified workers used on the project, that the certified renovator performed or directed workers who performed the renovation work and that the certified lead-safe renovator either performed the visual inspection and cleaning verification after all paint disturbing work was completed or dust clearance sampling was performed as required under s. DHS 163.14 (5) by an appropriately certified individual. This documentation shall include a copy of the certified renovator’s training diploma and a certification signed by the certified renovator assigned to the project and attesting to all of the following:

a. Training was provided to workers, including topics covered for each worker.

b. Warning signs were posted at entrances to the work area.

c. Any interior work area was contained by removing or covering all objects, closing and covering all HVAC ducts, closing all windows, closing and sealing all doors or covering doors that were used for passage to prevent the spread of dust, covering floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material to 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain dust, whichever is greater, and installing vertical containment, where necessary, to prevent migration of dust and debris to adjacent areas.

d. Any exterior work area was contained by removing or covering all objects, closing all windows in and within 20 feet of the work area and all windows below the work area, closing and sealing all doors in and within 20 feet of the work area including all doors below the work area, covering the ground with plastic sheeting, other disposable impermeable material or landscape fabric capable of collecting dust and debris anchored to the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects, and installing vertical containment if necessary to prevent migration of dust and debris to adjacent property.

e. Waste was contained onsite and while being transported offsite.

f. The work area was properly cleaned after the renovation by picking up all visible chips and debris, misting protective sheeting, folding it dirty side inward and taping all seams for removal and for interiors, cleaning all work area surfaces and objects using a HEPA vacuum and damp cloths or mops.

g. The certified renovator performed post-renovation cleaning verification, including a brief description of the results and number of wet and dry cloths used.

8. For each employed or contracted worker who is not a certified lead-safe renovator, the company shall maintain documentation of the training provided, including the worker’s name, specific topics taught to the worker, the name and department certification number of the instructor for each topic, and the training date for each topic.

9. For each emergency renovation activity conducted by the company for which the company was unable to comply with all of the requirements of this chapter due to emergency conditions, documentation of the nature of the emergency and the provisions of the rule that were not followed.

10. If a recognized test kit is used, the company shall maintain records of the manufacturer and model of each test kit used, verification that the test kit is recognized by the EPA, a description of the components tested, including their specific locations, and the result for each location and test kit used.

11. For any renovation for which dust wipe clearance was conducted, the company shall maintain the written clearance report with laboratory results.

12. A company certificate from the department.

(4) Requirement for supervision of a worker.

(a) Lead hazard reduction activities. Under s. DHS 163.14 (1) (c), a lead abatement worker shall be directly supervised by a certified lead abatement supervisor when performing abatement.

(b) Renovation activities. Under s. DHS 163.14 (11), a certified lead-safe renovator shall be assigned to each renovation and shall be physically present at the work site while warning signs are being posted, work area containment is being established, and work area cleaning is being performed. The certified lead-safe renovator shall ensure continuous maintenance of containment areas and use of lead-safe work practices by workers during renovation. When not on site, the certified lead-safe renovator shall be readily available by telephone and able to return to the worksite within a reasonable time, approximately 30 minutes.

(5) Requirement for written contract. A company shall have a written contract for all regulated activities performed for compensation on property not owned or controlled by the company conducting the work. The contract shall specify the activities to be performed, comply with s. ATCP 110.05 and include the following:

(a) Information regarding the presence or absence of bonding or insurance coverage, including workers compensation insurance. Where a representation is made that bonding or insurance will be in effect while regulated activities are conducted, the company shall provide proof before work begins.

(b) For a lead hazard reduction activity or when clearance sampling will be conducted after a renovation activity, a statement regarding who is responsible for paying additional cleanup and clearance costs if clearance is not met.

(d) For a lead investigation activity, all of the following:

1. The extent of the investigation and any limitations.

2. Which of the following actions will be taken if deteriorated paint is detected during a lead hazard screen, lead-safe investigation or risk assessment or if an XRF provides an inconclusive reading:

a. Treat the paint as lead-based paint.

b. Take a paint chip sample for submission to a recognized laboratory for testing.

c. Test the paint with an XRF.

(e) For a lead-free inspection or a lead-safe investigation, what action will be taken if the property is found ineligible for the certificate being sought.

(6) Responsibility for training and certification documents.