DHS 163.14(10)(d)2.b.b. Obtain a certificate of mailing at least 7 days prior to the start of renovation activities. DHS 163.14(10)(d)3.3. In any child-occupied facility, provide the parents and guardians of children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation activities and the anticipated completion date by complying with one of the following: DHS 163.14(10)(d)3.a.a. Mail or hand-deliver the pamphlet and the renovation activities information to each parent or guardian of a child using the child-occupied facility. DHS 163.14(10)(d)3.b.b. While the renovation activities are ongoing, post informational signs describing the general nature and locations of the renovation activities and the anticipated completion date. These signs shall be posted in areas where they can be seen by the parents and guardians of the children frequenting the child-occupied facility. The signs shall be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians can review a copy of the pamphlet or obtain a copy from the company performing the renovation activities at no cost to the parents or guardians. DHS 163.14(10)(d)4.4. Prepare, sign and date a statement describing the steps taken to notify all parents and guardians about the intended renovation activities and provide the pamphlet. DHS 163.14(10)(e)1.1. A statement recording the owner’s, occupant’s or representative’s name and acknowledging receipt of the pamphlet prior to the start of the renovation activities, the address of the unit undergoing renovation, the signature of the owner, occupant or representative, as applicable, and the date of signature. DHS 163.14(10)(e)2.2. Be either a separate sheet or part of a written contract or service agreement for the renovation. DHS 163.14(10)(e)3.3. Be written in the same language as the text of the contract or service agreement for the renovation activities, or, in the case of non-owner-occupied target housing, in the same language as the lease or rental agreement or the pamphlet. DHS 163.14(11)(a)(a) Who may conduct. Only the following persons may conduct renovation activities involving target housing or child-occupied facilities: DHS 163.14(11)(a)2.2. Persons trained by and under the supervision of a certified lead-safe renovator who works for a certified lead company. DHS 163.14(11)(a)3.3. Certified lead abatement supervisors or lead abatement workers who meet the training requirements under s. DHS 163.11 (2) (c) and work for a certified lead company. DHS 163.14(11)(b)(b) Lead-safe work protocol. When supervising or performing renovation activities, documented methodologies shall be used to conduct work in a lead-safe manner that does not create lead-based paint hazards, including work practices and engineering controls that limit the creation of dust and prevent the spread of dust, debris and paint chips outside the work area, and shall comply with all requirements under pars. (c) to (L). DHS 163.14(11)(c)(c) Requirement for supervision. The assigned certified lead-safe renovator or another person who meets the conditions of par. (a) 3. or 4., shall provide direct on-site supervision at all times during worksite setup, including while posting warning signs and establishing work area containments, and shall be onsite regularly during renovation activities to direct work performed by other individuals and to ensure that lead-safe work practices are being followed, that containment barriers are maintained and that dust and debris do not spread beyond the work area. The certified lead-safe renovator shall be readily available, either on site or by telephone, at all times while paint disturbing activities are being conducted and, when off site, shall be able to return to the worksite within a reasonable time, about 30 minutes, as needed. DHS 163.14(11)(d)(d) Requirement for ensuring compliance. The company shall ensure that all renovation activities are conducted according to the requirements of this section and all applicable federal, state and local government requirements are followed. DHS 163.14(11)(e)(e) Occupant protection. Documented methodologies and all of the following work practice requirements shall be used to protect occupants when renovation activities are performed: DHS 163.14(11)(e)1.1. ‘Post signs.’ Signs clearly defining the work area and warning occupants and other persons not involved in the renovation activities to remain outside the work area. To the extent practicable, 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 renovation activities and post-work cleaning verification have been completed. DHS 163.14(11)(e)2.2. ‘Contain work areas.’ Before starting renovation activities, the work area shall be isolated so that no dust or debris leaves the work area during the activity. Workers shall maintain the integrity of the containment throughout the renovation activities by ensuring that any plastic or other appropriate containment materials are not torn or displaced, and taking steps necessary to ensure that no dust or debris leaves the containment work area during the renovation. 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 worker egress in an emergency. DHS 163.14(11)(f)(f) Interior lead-safe work practices. The company shall ensure that documented methodologies are used for all interior renovation activities and that all personal property in the work area is protected from contamination by dust and debris, including all of the following: DHS 163.14(11)(f)1.1. Remove all objects from the work area, including furniture, rugs, and window coverings. Pre-clean all horizontal surfaces with a HEPA vacuum to remove any existing paint dust and debris. Objects that cannot be removed shall first be cleaned using a HEPA vacuum, and then be covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed. DHS 163.14(11)(f)2.2. Close and seal all duct openings in the work area with taped down plastic sheeting or other impermeable material. DHS 163.14(11)(f)3.3. 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 confining dust and debris to the work area. DHS 163.14(11)(f)4.4. 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 renovation, or a sufficient distance to contain all dust, whichever is greater. Floor containment measures may stop at the edge of a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and that are completely sealed at joints with the floor, ceiling, and walls. DHS 163.14(11)(f)5.5. Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area. DHS 163.14(11)(g)(g) Exterior lead-safe work practices. The company shall ensure that documented methodologies are used for all exterior renovation activities and that all personal property in the work area is protected from contamination by dust and debris, including all of the following: DHS 163.14(11)(g)1.1. Remove all objects from the work area, including furniture and play equipment, and pre-clean horizontal surfaces and the ground to remove any visible paint debris. Objects that cannot be removed shall be covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed. DHS 163.14(11)(g)2.2. Close all doors and windows within 20 feet of the renovation work area. On multi-story buildings, close all doors and windows within 20 feet of the renovation work on the same floor as the renovation and all doors and windows on all floors below that are the same horizontal distance from the renovation work. DHS 163.14(11)(g)3.3. Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area. DHS 163.14(11)(g)4.4. Cover the ground with heavy duty plastic sheeting extending 10 feet beyond the perimeter of surfaces undergoing paint disturbance or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line or neighboring structures prevent 10 feet of ground cover. Vertical containment or other precautions in containing the work area may be necessary in order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system. DHS 163.14(11)(h)(h) Prohibited practices. All of the following work practices shall be prohibited or restricted during a renovation activity: DHS 163.14(11)(h)4.4. Using machines to remove paint through high speed operation such as abrasive blasting, sandblasting, needle gunning, or machine sanding, grinding or planing painted surfaces, unless the machine is operated with a properly fitted HEPA-filtered exhaust control to collect dust and debris at the point of generation and in a fully contained work area. DHS 163.14(11)(h)5.5. High-pressure water blasting or hydroblasting unless it is conducted in a fully contained work area with HEPA-filtered exhaust control and water collection system. DHS 163.14(11)(h)6.6. Using an improperly operating HEPA vacuum to clean up dust, debris, and paint chips. DHS 163.14(11)(i)(i) Waste handling. All wastewater, air emissions and solid waste from renovation activities shall be handled as follows: DHS 163.14(11)(i)1.1. 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. DHS 163.14(11)(i)2.2. Stored in a container or enclosure at the conclusion of each work day that prevents access to and release of dust and debris. DHS 163.14(11)(i)3.3. Contained to prevent release of dust and debris for final transport at the conclusion of renovation activities. DHS 163.14(11)(j)1.1. Documented methodologies shall be followed to clean all work areas at the end of each work day and when all renovation activities have been completed. After the paint disturbing work has been completed, the work area shall be cleaned until no dust, debris or residue remains. DHS 163.14(11)(j)2.a.a. Collect all paint chips and debris and, without dispersing any of it, seal the waste in a heavy-duty waste bag. DHS 163.14(11)(j)2.b.b. Dispose of all sheeting as waste by first misting, then folding inward until as small as possible, taping seams shut or placing in heavy-duty waste bags. Sheeting used to isolate contaminated areas from non-contaminated areas shall remain in place until after final cleaning and removal of all other sheeting. DHS 163.14(11)(j)3.3. For exterior work areas, remove all visible debris, paint chips and residue in and below the work area, including from the ground, window sills and other horizontal surfaces. DHS 163.14(11)(j)4.a.a. Clean all objects and horizontal surfaces in the work area and within 2 feet outside the work area starting at the top and working down to the floor. DHS 163.14(11)(j)4.b.b. Clean walls starting at the ceiling and working down to the floor by either HEPA vacuuming or wiping with damp disposable cleaning cloths. DHS 163.14(11)(j)4.c.c. For other interior surfaces, thoroughly HEPA vacuum all remaining surfaces and objects in the work area, including horizontal surfaces, furniture and fixtures. After vacuuming, wipe the same surfaces, objects and fixtures with damp disposable cleaning cloths. DHS 163.14(11)(j)4.d.d. For carpets, use a HEPA vacuum with a beater bar to thoroughly and meticulously vacuum carpets and rugs. DHS 163.14(11)(j)4.e.e. For uncarpeted floors, thoroughly mop the floor using a 2- or 3-bucket mopping system or a wet mopping system using disposable cloths. DHS 163.14(11)(k)1.1. A visual inspection of the work area or areas shall be conducted by a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11 (2) (c) after renovation activities and cleaning have been completed. DHS 163.14(11)(k)2.2. For interior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present in or around the work areas. If dust, debris or residue is present, these conditions shall be removed by re-cleaning and another visual inspection shall be performed. DHS 163.14(11)(k)3.3. For exterior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions shall be eliminated and another visual inspection shall be performed. After the work area or areas pass visual inspection, the activity is considered complete and warning signs may be removed. DHS 163.14(11)(L)(L) Post renovation cleaning verification for interior work areas. Except as allowed under par. (m), after a successful visual inspection, a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11 (2) (c) shall verify cleaning of all interior work areas by using all of the following procedures: DHS 163.14(11)(L)1.1. Verify that each windowsill in the work area has been adequately cleaned by wiping the windowsill with an unused wet disposable cleaning cloth that is damp to the touch and comparing the cleaning cloth to the cleaning verification card. DHS 163.14(11)(L)1.a.a. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned. DHS 163.14(11)(L)1.b.b. If the cleaning cloth is darker than the cleaning verification card, the windowsill has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, either use a new cleaning cloth or fold the used cloth in such a way that an unused surface is exposed and wipe the surface again. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned. DHS 163.14(11)(L)1.c.c. If the cleaning cloth is still darker than the cleaning verification card, wait one hour or until the surface has dried completely, whichever is longer. DHS 163.14(11)(L)1.d.d. After waiting for the windowsill to dry, wipe the sill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned. DHS 163.14(11)(L)2.2. Verify that uncarpeted floors and countertops within the work area have been adequately cleaned by wiping the floors and countertops with an unused wet disposable cleaning cloth. Floors shall be wiped using a long-handled mop designed with a head attachment for wet disposable cleaning cloths. The cleaning cloth shall remain damp at all times while it is being used to wipe the surface for post-activity cleaning verification. If the surface within the work area is larger than 40 square feet, the surface within the work area shall be divided into roughly equal sections that are each less than 40 square feet. Wipe each section separately with a new wet disposable cleaning cloth. DHS 163.14(11)(L)2.a.a. If the cloth used to wipe that section within the work area matches the cleaning verification card, that section has been adequately cleaned. DHS 163.14(11)(L)2.b.b. If the cleaning cloth used to wipe a particular section is darker than the cleaning verification card, that section has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, use a new cleaning cloth and wipe that section again. If the cleaning cloth matches or is lighter than the cleaning verification card, that section of the surface has been adequately cleaned. DHS 163.14(11)(L)2.c.c. If the cleaning cloth used to wipe a particular surface section is still darker than the cleaning verification card after the surface has been re-cleaned, wait for one hour or until the entire section surface has dried completely, whichever is longer. DHS 163.14(11)(L)2.d.d. After waiting for the entire section surface to dry, wipe the surface with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned. DHS 163.14(11)(L)3.3. When the work area passes the post-renovation cleaning verification, warning signs may be removed. DHS 163.14(11)(m)1.1. Cleaning verification under par. (L) is not required if the contract between the company and the person contracting for the renovation activities or another federal, state, or local law or regulation requires dust clearance sampling at the conclusion of a renovation activity covered by this chapter. DHS 163.14(11)(m)2.2. Dust clearance samples for renovation activities shall be collected by a certified lead inspector, lead hazard investigator, lead risk assessor or lead sampling technician following clearance protocol under s. DHS 163.14 (5) (c). DHS 163.14(11)(m)3.3. The company performing the renovation shall re-clean or seal work areas and component types that fail dust clearance until the dust clearance sample results are below the clearance standards in s. DHS 163.14 (5) (c) 8. DHS 163.14(11)(n)(n) Activities conducted after successful cleaning verification or clearance testing. Activities that do not disturb paint, such as re-painting walls that have been properly prepared, are not regulated under this subchapter if they are conducted after cleaning verification has been performed or clearance testing results show dust lead levels below the clearances standards in s. DHS 163.14 (5) (c) 8. DHS 163.14(11)(o)1.1. Emergency renovations are exempt from the warning sign, containment, waste handling, training and certification requirements of this chapter to the extent necessary to respond to the emergency. DHS 163.14(11)(o)2.2. Emergency renovations are not exempt from the cleaning requirements of this subsection, which shall be performed by certified lead-safe renovators or individuals trained by a certified renovator, the cleaning verification requirements of this subsection, which shall be performed by certified renovators, or the recordkeeping requirements under s. DHS 163.13 (3) (c). DHS 163.14(11)(p)(p) Use of paint test kits. When requested by the party contracting for renovation services, the certified renovator may use only a department-recognized paint test kit to determine whether components and surfaces to be affected by the renovation activities contain lead-based paint. The certified renovator shall test each distinct component and surface to be affected, follow the manufacturer’s instructions for use of the paint test kit, and document and maintain the records required under s. DHS 163.13 (3) (c) 11. DHS 163.14 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; CR 03-019: am. (1) (g), (5) (c) 8. c. and (9) (g), cr. (9) (g) 3. Register July 2003 No. 571, eff. 8-1-03; correction in (8) (e) 1. made under s. 13.93 (2m) (b) 7., Stats., Register July 2003 No. 571; corrections in (1) (k) 3. and (8) (e) 1. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; EmR0928: emerg. renum. (1) (c) 1. to be (1) (c) and am., r. (1) (c) 2., am. (5) (a) 1. to 3., (b) 1., 2., (c) 3. a., 4. a., 8. (intro.), 10. (title), (intro.), and c. to e., r. and recr. (5) (b) 3., cr. (5) (b) 4. to 6., (10) and (11), eff. 10-16-09; CR 09-085: renum. (1) (c) 1. to be (1) (c) and am., r. (1) (c) 2., am. (5) (a) 1. to 3., (b) 1., 2., (c) 3. a., 4. a., 8. (intro.), 10. (title), (intro.), and c. to e., r. and recr. (5) (b) 3., cr. (5) (b) 4. to 6., (10) and (11) Register March 2010 No. 651, eff. 4-1-10; correction in (11) (a) 4. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 10-110: r. and recr. (1) (e), r. (1) (f), am. (1) (h) (title), (i), r. and recr. (1) (k), am. (1) (m) 3., (2) (title), (a) (intro.), 1. to 4., cr. (2) (a) 5., am. (2) (b) (title), 1. (intro.) to 4., (c) (title), 1. (intro.) to 3., (3) (h), (i), (5) (c) 6., 8. a., cr. (5) (c) 8. am., am. (5) (c) 8. b., c., cr. (5) (c) 9. cm., cr., am. (5) (c) 9. d., r. (5) (c) 9. e., am. (7) (d) (intro.), 1., 3., (g) 14., r. and recr. (7) (g) 15., am. (8) (title), (c) 1. to 3., (e) 6., 7. a., b., (f) (intro.), cr. (8) (f) 11., am. (9) (c), (e), r. and recr. (10) (a), r. (10) (b), (c), am. (11) (a) 1. to 3., (f) 1., 4., (g) 1., 4., r. (11) (g) 5., am. (11) (h) 4., 6., 7. Register June 2021 No. 786, eff. 7-1-21; (1) (e) 5. (title) created under s. 13.92 (4) (b) 2., Stats., correction in (10) (a) 1. b. made under s. 35.17, Stats., and correction in (10) (e) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2021 No. 786. DHS 163.15DHS 163.15 Lead-based paint hazard standards. DHS 163.15(1)(1) Dust-lead hazard. A dust-lead hazard is present when one of the following applies:
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Department of Health Services (DHS)
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