Wisconsin Legislature: DHS 163.15(3)(c)

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

EmR2502

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.

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.

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.

3. When the work area passes the post-renovation cleaning verification, warning signs may be removed.

(m) Optional dust clearance testing.

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.

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).

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.

(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.

(o) Emergency renovations.

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.

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).

(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.

(q) Records. The company shall prepare, maintain and distribute records as required under s. DHS 163.13 (3) (c).

History: 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 163.15 Lead-based paint hazard standards.

(1) Dust-lead hazard. A dust-lead hazard is present when one of the following applies:

(a) Lead hazard screen. For dust wipe samples taken during a lead hazard screen, the arithmetic mean of laboratory results is equal to or greater than the following:

1. Ten micrograms per square foot (10 mg/ft2) on a floor.

2. Fifty micrograms per square foot (50 mg/ft2) on an interior windowsill.

(b) Risk assessment. For dust wipe samples taken during a risk assessment, the arithmetic mean of laboratory results is equal to or greater than the following:

1. Ten micrograms per square foot (10 mg/ft2) on a floor.

2. One hundred micrograms per square foot (100 mg/ft2) on an interior windowsill.

(2) Soil-lead hazard. A soil–lead hazard is present when the laboratory result for a bare soil sample is equal to or greater than any of the following:

(a) Four hundred parts per million (400 ppm) for the soil-lead concentration from a composite sample of bare soil in a play area.

(b) One thousand two hundred parts per million (1,200 ppm) for the arithmetic mean lead concentration from one or more composite samples of bare soil from the rest of the yard.

(3) Lead-based paint hazard. A lead-based paint hazard is present when any of the following applies:

(a) A friction surface is subject to abrasion and the dust-lead levels on the nearest horizontal surface underneath the friction surface are equal to or greater than the dust-lead hazard levels under sub. (1).

(b) A chewable lead-based painted surface bears evidence of teeth marks.

(c) There is any damaged or deteriorated lead-based paint on an impact surface that is caused by impact from a related building component.

(d) There is any other deteriorated lead-based paint in any dwelling or child-occupied facility or on the exterior of any dwelling or child-occupied facility.

History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; CR 03-019: am. (2), cr. (3) Register July 2003 No. 571, eff. 8-1-03; CR 19-110: am. (1) (a) 1. to 2. and (b) 1. to 2. Register June 2021 No. 786, eff. 7-1-21.

DHS 163.16 Recognized paint test kits for renovation. The department recognizes paint test kits that have been tested and determined by the EPA Environmental Technology Verification Program, or other equivalent EPA approved testing program, to meet the EPA response criteria.

History: EmR0928: emerg. cr. eff. 10-16-09; CR 09-085: cr. Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), r. (2), (3) Register June 2021 No. 786, eff. 7-1-21; (1) (title) repealed under s. 13.92 (4) (b) 2., Stats., and (1) renumbered to DHS 163.13 under s. 13.92 (4) (b) 1., Stats., Register June 2021 No. 786.

Subchapter III — Accreditation of Lead Training Courses and Approval of Training Managers and Instructors

DHS 163.20 Accreditation requirements.

(1) Requirement for accreditation. No person may offer, advertise, claim to provide or conduct a lead training course that is represented as qualifying any person for certification to perform a regulated renovation, lead hazard reduction, or lead investigation activity in this state unless that training course has received accreditation from the department, has an approved principal instructor, uses only approved instructors and the training provider is owned by or employs an approved training manager.

(2) Only training courses. Department accreditation is provided only for a specific training course designed for individuals seeking certification or recertification in a discipline under s. DHS 163.10 (2).

(3) Only in-state courses. The department may grant training course accreditation only to training courses conducted in Wisconsin.

(4) Types of courses.

(a) Separate accreditation. Separate accreditation is required for each training course, whether an initial course or a refresher course. A separate application under s. DHS 163.21 is also required for each course. A training provider may have no more than one application for course accreditation submitted for review at a time.

(b) Initial training course. Accreditation of an initial training course shall be granted for a specific course under sub. (8) (a) or (b) that meets all requirements of this chapter.

(c) Refresher training course. A refresher training course shall be separate and distinct from the initial training course, be for a specific course under sub. (8) (c) and meet all requirements of this chapter.

(d) Course disciplines. A person may seek accreditation from the department to offer lead training courses in any of the following disciplines:

1. Lead-safe renovation initial and lead-safe renovator refresher.

2. Lead-safe renovation initial and lead-safe renovator refresher conducted in a language other than English.

3. Lead abatement work initial and lead abatement worker refresher.

4. Lead abatement work initial and lead abatement worker refresher conducted in a language other than English.

5. Lead abatement supervision initial and lead abatement supervisor refresher.

6. Lead project design initial and lead project designer refresher.

7. Lead sampling initial and lead sampling technician refresher.

8. Lead inspection initial and lead inspector refresher.

9. Lead hazard investigation initial and lead hazard investigator refresher.

10. Lead risk assessor refresher.

(5) Training resources. An accredited training course shall be conducted using facilities, equipment and instructional materials that promote the learning objectives for which the course is offered.

(a) Facilities shall have appropriate space for classroom and hands-on training.

(b) Instructional material shall be department-approved, include only materials currently approved, and be kept updated with new information provided by the department.

(c) Equipment shall be appropriate for demonstrating and conducting the required work practices under s. DHS 163.14, maintained in proper working condition, and licensed and stored in compliance with any applicable requirements and regulations.

(d) Students shall be given the department-approved student manual and any other approved handouts to take with them. Students shall also be given a paper copy of this chapter unless the student agrees to accept an electronic copy.

(6) Approved training manager. The training provider shall have an approved training manager under s. DHS 163.24 (2). The training manager shall be responsible for all administrative duties under s. DHS 163.25. The actions of the training manager shall be deemed actions of the training provider company.

(7) Approved instructors.

(a) Principal instructor. Each training course offered shall have a principal instructor who is approved under s. DHS 163.24 (3) and designated by the training manager under s. DHS 163.25 (5). The principal instructor has the primary responsibility for the organization and teaching of the course and for direct supervision of all guest instructors for the course. An individual may not act as a principal instructor for 2 or more concurrently conducted training courses.

(b) Guest instructor. Under s. DHS 163.25 (4), a training manager may designate a guest instructor to teach under the direct supervision of a principal instructor or to assist a principal instructor with hands-on instructional activities of a course. A guest instructor shall meet the qualifications under s. DHS 163.24 (4).

(c) Instructors for hands-on instructional activities and skills assessment. An accredited training course shall meet or exceed all of the following instructor requirements for hands-on activities:

1. ‘Principal instructor.’ At least one principal instructor shall provide direct supervision of each hands-on instructional activity and skills assessment.

2. ‘Student-to-instructor ratio.’ A student-to-instructor ratio of not greater than 8:1 shall be maintained during initial course hands-on instructional activities and hands-on skills assessment but may need to be less when necessary to ensure adequate instruction and observation of student performance. A student-to-instructor ratio of not greater than 12:1 shall be maintained during refresher course hands-on instructional activities and hands-on skills assessment but may need to be less when necessary to ensure adequate instruction and observation of student performance.

3. ‘Guest instructors.’ Guest instructors may assist the principal instructor with hands-on instructional activities and skills assessment.

(8) Training course curricula.

(a) Required learning objectives for courses leading to certification in lead-safe renovation and lead hazard reduction disciplines. An accredited training course that meets a training requirement under s. DHS 163.11 for certification as a lead-safe renovator, lead abatement worker, lead abatement supervisor or lead project designer shall include all work practice standards under s. DHS 163.14 for the discipline. A training course shall be based on department-approved curricula and shall meet or exceed the applicable minimum curriculum requirements, including both the minimum number of course training hours and the minimum number of hands-on training hours, as follows:

1. ‘Lead-safe renovation course.’ A lead-safe renovation course shall provide a minimum of 8 training hours. The course shall include lectures, demonstrations, a minimum of 2 hours of hands-on practice, hands-on skills assessment, a course review and a written course test. The course shall provide instruction and materials that address all of the following student learning goals and objectives:

a. Define lead-based paint.

b. Describe the symptoms of lead poisoning and health risks to children and adults exposed to lead.

c. Explain why lead, dust and debris are a special concern in housing and child-occupied facilities.

d. Identify the clearance standards for floors, interior window sills and window troughs.

e. Discuss the EPA, HUD and OSHA lead regulations and their relation to renovation activities.

f. Define target housing and child-occupied facility.

g. Discuss requirements for training and certification under this chapter.

h. Describe the exclusions to the renovation requirements under this chapter.

i. Discuss company responsibilities under this chapter.

j. Discuss the certified renovator roles and responsibilities under this chapter.

k. Identify the major work practice standards for renovation activities under this chapter.

L. Identify the possible enforcement actions that may be taken for violations of this chapter.

m. Discuss the HUD lead safe housing rule requirements for training, lead-safe work practices and clearance in federally owned or assisted housing.

n. Compare the requirements of this chapter with the EPA renovation, repair and painting rule under 40 CFR 745 Subparts E and L and the HUD lead safe housing rule under 24 CFR Part 35, Subparts B to M and R.

o. Explain pre-renovation education requirements under this chapter.

p. Discuss how housing age is related to the presence of lead-based paint.

q. Describe and compare methods for determining if lead-based paint is present.

r. Explain how to determine if a test kit is recognized for use.

s. Correctly use a recognized test kit to determine if lead-based paint is present on components and surfaces affected by renovation work.