Wisconsin Legislature: DHS 163.14(1)(e)4.b.

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

EmR2502

(c) Content of summary report. A completed summary report form shall include the name, address, telephone number and certification identification number of the lead company reporting and all of the following information for each lead investigation activity conducted:

1. Date the lead investigation activity was conducted.

2. Street address and city or fire address of the dwelling or child-occupied facility where the lead investigation was conducted.

3. Name and lead certification identification number of the individual or individuals conducting the lead investigation activity.

4. Type of lead investigation activity conducted. If the type of lead investigation activity conducted is a clearance, whether the clearance was for an abatement project.

5. The result of the lead investigation activity.

Note: The Lead-Based Paint Investigation Summary Report form is available on the department website at http://dhs.wi.gov/lead. To request this form by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445. Return completed summary report according to form instructions.

(9) Work conduct. Individuals and companies conducting activities regulated under this chapter shall conduct activities in a manner that does not increase the hazards from lead-based paint and shall comply with the work practice standards under s. DHS 163.14.

(10) Association with a certified company. An individual shall be associated with a lead company certified under s. DHS 163.12 by ownership, contract, or employment before the individual may perform, supervise, or offer to perform or supervise a lead hazard reduction, renovation, or lead investigation activity regulated under this chapter.

(11) Pre-renovation education. A company shall ensure that the pre-renovation education requirements under s. DHS 163.14 (10) are met before each renovation activity to be performed, except that the pre-renovation information distribution requirements do not apply to emergency renovations.

(12) Notice of company change. The company shall notify the department in writing at least 10 working days before changing any of the following:

(a) The company’s name or address.

(b) The company’s ownership.

History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (title), (1), (2), (5) (intro.), (a), (b), (6) (b) 1., 2. a. to c., (7) (title) and (9), renum. (3), (4) and (7) to be (3) (a) (intro.), (4) (a) and (7) (a) and am., cr. (3) (a) 1. to 3., (b), (c), (4) (b), (7) (b), (c), (10) to (12), r. (5) (c), eff. 10-16-09; CR 09-085: am. (title), (1), (2), (5) (intro.), (a), (b), (6) (b) 1., 2. a. to c., (7) (title) and (9), renum. (3), (4) and (7) to be (3) (a) (intro.), (4) (a) and (7) (a) and am., cr. (3) (a) 1. to 3., (b), (c), (4) (b), (7) (b), (c), (10) to (12), r. (5) (c) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), (2), (3) (a) 3., (b) 6., r. and recr. (3) (c) (intro.), am. (3) (c) 2., 7. (intro.), g., 10., 12., (5) (d) 2. a., (6) (a) (intro.), 1., (b), (7) (b), (c), (8) (title), (a), (b) (intro.), (c) (intro.), 4., (9), r. and recr. (10), am. (12) (title), (a), (b), cr. (12) (c) Register June 2021 No. 786, eff. 7-1-21.

DHS 163.14 Work practice standards.

(1) Abatement activities.

(a) Who may conduct. When certification is required, an individual shall be certified as a lead abatement supervisor and associated with a certified lead company in order to supervise and perform abatement activities involving target housing or child-occupied facilities. A person who is certified as a lead abatement worker and associated with a certified lead company may perform abatement activities only under the supervision of a certified lead abatement supervisor.

(b) Abatement protocol. In supervising or performing abatement, certified persons shall use documented methodologies to conduct work in a lead-safe manner that does not create lead-based paint hazards to the occupants, including work practices that limit the creation of dust and prevent the spread of dust, debris and paint chips outside of the work area, and shall comply with all requirements under pars. (c) to (L).

(c) Requirement for supervision. When a lead abatement worker performs an abatement activity, a lead abatement supervisor shall provide direct onsite supervision.

(d) Requirement for ensuring compliance. A certified lead abatement supervisor and the certified lead company associated with that individual shall ensure that all abatement activities are conducted according to the requirements of this section and all applicable federal, state and local government requirements.

(e) Occupant protection. Documented methodologies and all of the following work practice requirements shall be used to protect occupants when abatement activities are performed:

1. ‘Post signs.’ Signs clearly defining the work area and warning occupants and other persons not involved in the abatement activities to remain outside the work area. These signs shall be in the primary language of the occupants. Signs shall be posted before beginning the work and shall remain in place and readable until the abatement activities and clearance have been completed.

2. ‘Pre-clean work areas.’

a. If paint chips, dust, or debris are present on the interior, HEPA vacuum the floor before protective sheeting is laid down and HEPA vacuum window wells or troughs before working on windows.

b. If paint chips, dust or debris are present on the exterior, HEPA vacuum or use a wet/dry vacuum with a drywall bag and HEPA filter to clean all paint chips and debris before protective sheeting is laid down.

3. ‘Contain work areas.’ Before starting abatement activities, contain the work area, including the floor or ground, with heavy duty plastic sheeting, so that no dust or debris leaves the work area during the activity. Workers shall maintain the integrity of the containment throughout the abatement activities by ensuring that the plastic sheeting used as containment material is not torn or displaced, and that no dust or debris leaves the work area during the abatement. When the building is occupied, containment shall be installed in a manner that provides safe access to restrooms and exits for occupants. Containment may not be constructed in a manner that would interfere with emergency exit. All containment materials, including plastic sheeting, must be disposed of after one use and may not be relocated for reuse during a project.

4. ‘Protect personal property.’ Measures shall be taken to protect all personal property in the work area from contamination by dust and debris.

a. Remove all objects that can be moved from the work area, including furniture, rugs, and window coverings. Objects that cannot be removed shall first be cleaned using a HEPA vacuum, and then be completely covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

b. Close and seal all duct openings in the work area with taped down plastic sheeting or other impermeable material.

c. Close windows and doors in the work area. Doors shall be covered with plastic sheeting or other impermeable material. Doorways used as the entrance to the work area shall be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while containing dust and debris in the work area.

d. Cover floor surfaces in the work area, including installed carpet, with taped down plastic sheeting or other impermeable material at least 6 feet beyond the perimeter of surfaces undergoing abatement, or a sufficient distance to contain all dust, whichever is greater. Floor containment measures may stop at the edge of a vertical barrier system consisting of impermeable barriers that extend from the floor to the ceiling that are completely sealed at joints with the floor, ceiling and walls.

5. ‘Use precautions.’ Use precautions to ensure that all personnel, tools, and other items, including the exteriors of waste containers, are free of dust and debris before leaving the work area.

6. ‘Restrict access.’ Uncertified persons shall be kept out of the abatement area until the area is cleaned, containment and abatement materials removed, and a visual inspection successfully completed. Warning tape may be used to prevent unintentional access into work areas in addition to the posted warning signs. If access is granted before clearance has been successfully achieved, a notice shall be posted that states: ”This worksite has not yet met clearance requirements. Lead-based paint hazards may be present.”

7. ‘Prepare an occupant protection plan.’ Before starting an abatement project, a certified lead abatement supervisor or project designer shall prepare a written occupant protection plan on a form obtained from or approved by the department. The plan shall be specific to the abatement and to each dwelling or child-occupied facility involved. The plan shall describe the measures and management procedures that will be taken during the abatement project to protect the building occupants from exposure to lead-based paint hazards. The occupant protection plan shall be followed by all lead company staff and posted in plain view outside the abatement work area for viewing by interested persons.

8. ‘Distribute occupant protection plan.’

a. When abatement involves restricted work practices used in common areas, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit no later than 2 working days before starting the activity and shall document delivery.

b. When abatement involves restricted work practices used in individual dwelling units, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit involved in the activity no later than 2 working days before starting the activity and shall document delivery.

c. When the abatement is not performed by the property owner or the property owner’s agent or employee, a copy of the occupant protection plan shall also be delivered to the property owner or the property owner’s agent or employee.

d. When the occupant protection plan is delivered via mail, it shall be mailed at least 7 days before the start of the abatement and shall be documented by a certificate of mailing from the post office.

(g) Requirements when soil abatement is conducted.

1. If soil is removed, any replacement soil shall have a lead concentration of less than 400 parts per million and shall comply with ch. NR 720 as applicable. The soil that is removed shall not be used as topsoil at another dwelling or child–occupied facility.

2. If the soil abatement does not involve removal of soil-lead, the soil shall be permanently covered by a barrier consisting of solid, relatively impermeable materials, such as asphalt or concrete.

(h) Requirement for notice to the department. Before conducting abatement, a certified lead abatement supervisor shall provide notice to the department under sub. (2).

(i) Requirement to clean up the work area. Documented methodologies shall be followed to clean the work area and any other affected area of the property before beginning worksite set-up, at the end of each day’s work, and when all work has been completed.

Note: For one documented methodology that may be followed to clean up the work area, refer to the most current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available on the HUD website at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.

(j) Requirement for a visual inspection. Following cleanup of the work area, a certified lead abatement supervisor shall conduct a visual inspection to verify that any dust, debris, or paint chips have been removed and that the visual inspection is passed before access to the area is allowed.

(k) Requirement for management of wastewater, air emissions and solid waste. All wastewater, air emissions, and solid waste from lead abatement activities shall be handled according to documented methodologies and as follows:

1. Contained in the work area to prevent the release of dust and debris before removal for storage and disposal. If a chute is used to remove waste from the work area, it shall be covered.

2. Stored in a container or enclosure at the conclusion of each work day that prevents access to and release of dust and debris.

3. Contained to prevent release of dust and debris during transport.

4. Discharge of wastewater shall be managed according to chs. NR 105, 106 and 200 to 299.

5. Air emissions shall be managed according to chs. NR 404, 415, 429, and 445.

6. Paint debris and waste shall be managed according to chs. NR 500 to 538 and 660 to 679.

Note: Refer to guidance from the Department of Natural Resources on managing lead-based paint waste, “Commercial and Residential Paint Removal and Disposal,” at https://www.dnr.wi.gov/files/PDF/pubs/wa/WA173.pdf, as well as the most current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.

(L) Requirement for clearance. The lead abatement supervisor shall arrange for final clearance under sub. (5) to be conducted as soon as possible following abatement. The abatement is not complete until a certified lead hazard investigator, inspector or risk assessor declares in writing that all clearance levels are met.

(m) Requirement for written report. Within 10 working days after receiving the clearance report, but no later than 20 working days following completion of abatement, a certified lead abatement supervisor or project designer shall submit a written report to the person who contracted for the abatement. The report shall include all of the following:

1. Start and end dates of the project if different from the dates on the notice to the department.

2. A copy of the written notice to the department under sub. (2).

3. Name, address, telephone number and certification number of each certified lead company involved in the project and the name and certification number of each lead abatement supervisor assigned to the project to the extent that information is not included on the written notice under sub. (2).

4. The occupant protection plan that was prepared prior to the project.

5. A copy of the clearance report under sub. (5) (c) 9.

6. A detailed written description of the lead abatement project, including the abatement activities conducted, locations of rooms or living areas and components where abatement occurred, reason for selecting the particular method used for each component and any suggested monitoring of encapsulants or enclosures.

Note: Rather than repeating information already located elsewhere, the abatement report may include other documents that contain required information, such as an order, contract or abatement notice. For example, to provide a detailed description of the abatement, orders issued by a public health agency may be attached and variances from the order described in the report.

(2) Abatement notice to the department.

(a) Timing of notice. The lead abatement supervisor shall submit notice for receipt by the department as follows:

1. For an original notice of abatement, written notice not less than 2 working days before the start of the activity.

2. In an emergency where a health risk warrants immediate action, written or verbal notice before the start of the activity.

3. Projects must start on the start date provided on the project notice. To change the project start date on an existing notice, written or verbal revised notice not less than 2 working days before the activity begins if the new start date is earlier than the original start date or a minimum of one working day before the original start date if the new start date is later than the original start date.

4. To change the project end date on an existing notice, submit revised notice in writing as soon as the change is determined, but no later than the original end date.

5. Project duration provided in the written notice shall be appropriate to the size and scope of the project. Original notices shall be for a duration of no more than 14 consecutive days. If the project will extend beyond the original end date, revised notice shall be made in writing no later than the original end date or most recently revised end date.

(b) Written notice.

1. ‘Form for written notice.’ Written notice shall be on the department’s notice form or on a form approved by the department and shall include all of the following information:

a. Project details, including the start and end dates, work shifts or hours, project activities, quantity of lead-based paint materials in the project, and whether the project was ordered, affected by HUD requirements, or involved registered lead-safe property or property applying for a certificate of lead-free status or lead-safe status.

b. Lead investigation details, including how and when it was identified and the name and certification number of the lead hazard investigator, inspector or risk assessor.

c. Lead company details, including name, certification number, address, contact person and telephone number.

d. Facility or dwelling details, including type, occupancy, location, including street address, contact person and contact person’s telephone number and current owner and current owner’s telephone number.

2. ‘Acceptable methods for submitting written notice.’ Written notice may be sent by U.S. mail, commercial carrier, fax, e-mail, or another method approved by the department.

3. ‘Official date of written notice.’ The official date of a written notice shall be the date on the department’s date of receipt stamp. A notice received after 4:00 p.m. shall be dated as received the next working day.

4. ‘Rejection of notice.’ The department may reject a notice that is illegible or incomplete.

Note: Lead notice forms 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 lead notices according to form instructions.

1. ‘Acceptable methods for submitting verbal notice.’ For emergency or revised notice, verbal notice may be made by telephone or in person and shall include all of the following information:

a. Start and end dates.

b. Name and certification number of the lead company conducting the activity.

c. Location, including street address, of the dwelling or facility where the activity will be conducted.

2. ‘Official date of verbal notice.’ The official date of a verbal notice shall be the date a department representative receives the verbal notice.

3. ‘Written follow-up to verbal notice.’ When verbal notice is given, the lead abatement supervisor shall also submit a written notice under par. (b) within 2 working days after the date of the verbal notice.