Wisconsin Legislature: DHS 163.14(9)(c)2.

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

EmR2502

1. Analyze paint to determine the presence of lead by using documented methodologies that incorporate adequate quality control procedures.

2. Have all collected paint chip samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.

(e) XRF requirements. When using an XRF, a certified lead inspector or risk assessor shall be trained to operate the specific model of XRF being used and shall do all of the following:

1. Comply with radiation protection requirements under ch. DHS 157.

2. Replace the radiation source of the XRF according to recommendations from the manufacturer.

3. Warm up the XRF according to recommendations from the manufacturer or documented methodologies.

4. Conduct calibration checks according to recommendations from the manufacturer or documented methodologies.

5. Conduct substrate corrections when required.

6. If the XRF provides an inconclusive reading according to the performance characteristics sheet for the make and model of XRF used, assume the painted surface with the inconclusive reading contains lead-based paint unless sampling is required by contract. If a contract under s. DHS 163.13 (5) (d) specifies that sampling for the presence of lead-based paint should be conducted, conduct further testing or sampling and determine that lead-based paint is present if the laboratory results are more than 0.5% lead by weight or that lead-based paint is not present if the laboratory results are equal to or less than 0.5% lead by weight.

7. Except as specified under subd. 6., evaluate the results of each XRF reading as follows:

a. If the XRF reading exceeds 1 milligram per square centimeter, determine that lead-based paint is present.

b. If the XRF reading is less than or equal to 1 milligram per square centimeter, determine that lead-based paint is not present.

(f) Written report. Within 10 working days after an inspection or receipt of any required laboratory results, whichever is later, prepare a written inspection report for submission to the property owner or owners and to any other person who contracted for the inspection. The report shall include all of the following information:

1. Date of the inspection.

2. Address of building inspected.

3. Date of construction of the building.

4. Apartment numbers of units inspected, if applicable.

5. Name, address and telephone number of the current owner of each residential dwelling or child-occupied facility.

6. Name, address, telephone number, certification number and signature of each certified individual participating in the inspection.

7. Name, address, telephone number and certification number of the certified lead company conducting the inspection.

8. Each testing method and device and each sampling procedure used for paint analysis, including quality control data and, if used, the serial number of any XRF.

9. Specific locations of each painted component tested for the presence of lead-based paint.

10. The results of the inspection expressed in terms appropriate to the sampling method used.

11. A copy of any laboratory report of the analysis of collected paint chips.

(9) Risk assessment.

(a) Who may conduct. Only a certified lead hazard investigator or risk assessor associated with a certified lead company may perform a risk assessment involving target housing or a child-occupied facility. Under direct on-site supervision of a certified lead hazard investigator or risk assessor, a certified lead inspector or sampling technician may assist with a risk assessment.

(b) Risk assessment protocol. A certified lead hazard investigator or risk assessor shall perform a risk assessment according to all the requirements under pars. (c) to (k).

(c) Presence of lead-based paint. Treat all painted surfaces as lead-based paint. If a contract under s. DHS 163.13 (5) (d) specifies that sampling for the presence of lead-based paint should be conducted, select and test all of the following locations for the presence of lead-based paint by using documented methodologies:

1. Each testing combination with deteriorated paint.

2. Each interior windowsill.

3. Any other surface that is determined to be a potential lead-based paint hazard.

Note: Refer to s. DHS 163.03 (29) for documented methodologies.

(d) Background information. Collect background information on the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to a child under 6 years of age.

(e) Visual inspection. Conduct a visual inspection for risk assessment of the residential dwelling or child-occupied facility to locate the existence of deteriorated paint, assess the extent and causes of the deterioration and identify other potential lead-based paint hazards.

(f) Dust sampling.

1. ‘Dwellings.’ In dwellings, collect single-surface dust samples from the interior windowsill and floor in each of the following locations:

a. The floor where a child under 6 years of age is likely to come into contact with dust, including play areas within rooms, high-traffic walkways, room midpoints and areas underneath windows, in each room or area where a child under 6 years of age is likely to come into contact with dust.

b. The interior windowsill of the window that is most frequently operated or most frequently contacted by children under 6 years of age in each room or area where a child under 6 years of age is likely to come into contact with dust.

c. Common areas adjacent to the sampled residential dwelling.

d. Other common areas in the building where the hazard investigator or risk assessor determines that a child under 6 years of age is likely to come into contact with dust.

2. ‘Child-occupied facilities.’ For child-occupied facilities, collect single-surface dust samples from the interior windowsill and floor in each of the following locations:

a. Each room, hallway or stairwell used by a child under 6 years of age.

b. Common areas adjacent to the sampled child-occupied facility.

c. Other common areas in the child-occupied facility where the hazard investigator or risk assessor determines that a child under 6 years of age is likely to come into contact with dust.

(g) Soil sampling. Unless assessment of the lead concentration in soil is specifically excluded by a written contract, collect soil samples for analysis of lead concentrations in all of the following locations:

1. Exterior play areas where bare soil is present.

2. The rest of the yard where bare soil is present.

3. Dripline and foundation areas where bare soil is present.

(h) Documented methodologies. Conduct any paint, dust or soil sampling or testing using documented methodologies that incorporate adequate quality control procedures.

(i) Analysis by recognized laboratory. Have any collected paint chip, dust or soil samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.

(j) Presence of a lead-based paint hazard. Determine whether a lead-based paint hazard is present under s. DHS 163.15.

(k) Written report. Within 10 working days after a risk assessment or receipt of any required laboratory results, whichever is later, prepare a written risk assessment report for submission to the person who contracted for the risk assessment. The report shall include all of the following information:

1. Date of the risk assessment.

2. Address of each building assessed.

3. Date of construction of buildings.

4. Apartment number of units assessed, if applicable.

5. Name, address and telephone number of each current owner of each building.

6. Name, address, telephone number, certification number and signature of each certified individual participating in the risk assessment.

7. Name, address, telephone number and certification number of the certified lead company conducting the risk assessment.

8. Name, address and telephone number of each recognized laboratory conducting analysis of collected samples.

9. Results of the visual inspection.

10. Description of testing method and sampling procedure used for paint analysis.

11. Specific locations of each painted component tested for the presence of lead.

12. All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF.

13. All results of laboratory analysis on collected paint, soil and dust samples.

14. Any other sampling results.

15. Any background information collected under par. (d).

16. To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint or other assessments of lead-based paint-related hazards.

17. A description of the location, type and severity of identified lead-based paint hazards and any other potential lead hazards.

18. A description of lead hazard reduction options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

(10) Information distribution requirements for renovation activities. Except for emergency renovations, for which the pre-renovation information distribution requirements do not apply, the requirements of this subsection shall be met as follows:

(a) Renovation activities in target housing. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, or common area of multi-family target housing, the company performing the renovation activities shall:

1. Provide the Renovate Right pamphlet to the owner of the unit, and, if not owner-occupied, also to an adult occupant of each unit in which renovation activities will be conducted.

a. Obtain from the owner and an adult occupant of any non-owner-occupied unit in which renovation will be conducted, a written acknowledgment of receiving the pamphlet, or obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.

b. If the renovator has been unable to obtain a written acknowledgement from an adult occupant of a non-owner-occupied dwelling, the renovator may alternatively certify in writing that a pamphlet has been delivered to the dwelling unit and that the company performing the renovation activity has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, the name of the person delivering the pamphlet, the reason for lack of acknowledgement, the signature of an authorized renovation company representative, and the date of signature.

2. Provide written notice to all affected dwelling units about the planned and ongoing renovation activities.

a. Distribute written notice that includes the pamphlet, to each affected dwelling unit prior to the start of renovation. The written notice shall describe the general nature and locations of the planned activities and the expected starting and ending dates.

b. While the renovation is 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 are likely to be seen by the occupants of all the affected units. The signs shall be accompanied by a posted copy of the pamphlet. Alternatively, the pamphlet may be distributed to each affected unit.

3. For renovation activities in common areas of multi-family dwellings, the renovation company shall prepare, sign, and date, a statement describing the steps taken to notify all occupants of the intended renovation activities.

4. If the scope, locations or expected starting and ending dates of renovation activities change after the initial notice to occupants, the company shall provide further written notice to owners and occupants providing revised information on the ongoing or planned activities. This subsequent notice shall be provided before initiating work beyond that which was described in the initial notice.

(d) Renovation activities in child-occupied facilities. No more than 60 days before beginning renovation activities the company performing the renovation activities shall do all of the following:

1. In any child-occupied facility, provide the owner of the building with the pamphlet, and comply with one of the following:

a. Obtain from the owner a written acknowledgment that the owner has received the pamphlet.

b. Obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.

2. If the child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:

a. Obtain, from the adult representative a written acknowledgment that the adult representative had received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the company performing the renovation activities has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification shall include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgement (e.g., representative refuses to sign), the signature of a representative of the company performing the renovation activities, and the date of signature.

b. Obtain a certificate of mailing at least 7 days prior to the start of renovation activities.

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:

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.