Wisconsin Legislature: DHS 163.20(8)(b)2.za.

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

EmR2502

x. 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.

y. Explain training and certification requirements for lead investigation activities under this chapter.

2. ‘Lead hazard investigation course.’ A lead hazard investigation course shall provide a minimum of 16 training hours only to persons who have successfully completed a lead sampling course and meet the requirements of s. DHS 163.10 for certification. The course shall include lectures, demonstrations, a minimum of 4 hours of hands-on practice and 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. Describe the roles and responsibilities of a lead hazard investigator or risk assessor for clearance, lead hazard screen, lead-safe investigation and risk assessment activities.

b. Discuss the role of the lead hazard investigator in comparison to the roles of other related lead professionals.

c. Describe the responsibilities of a lead hazard investigator or risk assessor under the lead-safe registry program.

d. Describe the liability and insurance issues a lead professional must manage.

e. List the types of background information needed to perform a lead hazard investigation or risk assessment.

f. Describe the information needed during the initial client contact.

g. Describe how to collect appropriate information on building occupants and any resident children with elevated blood lead levels.

h. List at least 7 possible sources of environmental lead contamination.

i. Describe 5 typical locations for lead and lead-based paint in buildings.

j. Describe conditions when lead-based paint is considered a hazard in a risk assessment or lead hazard screen versus a lead-safe investigation.

k. Discuss the purpose of the visual inspection for hazard detection.

L. Describe protocols and documented methodologies for performing a visual inspection.

m. Perform a visual inspection to identify potential sources of lead-based hazards.

n. Determine when a lead hazard screen is an appropriate option.

o. Discuss and compare protocols and documented methodologies for lead hazard screens, risk assessments, elevated blood lead investigations and lead-safe investigations.

p. Conduct a lead hazard screen following protocols and documented methodologies.

q. Sample for sources of lead exposure other than lead-based paint using protocols and documented methodologies.

r. Apply current local, state and federal regulations and guidance to interpret lead-based paint and other lead sampling results.

s. Develop lead hazard control options, including temporary measures, operations and maintenance and abatement activities.

t. Determine schedules for re-evaluation of temporary lead hazard reduction measures.

u. Discuss the use of cost/benefit analysis in determining the appropriate role of temporary measures and operations and maintenance activities in lead hazard reduction.

v. Describe the elements required in a risk assessment report.

w. Describe the elements required in a lead-safe investigation report.

x. Describe the procedures for issuing lead-safe certificates.

y. Discuss recordkeeping responsibilities for types of records kept and length of retention.

z. Recognize common substrate problems that cause paint failure.

za. Discuss federal, state and local statutes, ordinances, rules and regulations that pertain to lead-based paint hazard investigations.

3. ‘Lead inspection course.’ A lead inspection course shall provide a minimum of 16 training hours only to persons who have successfully completed the lead sampling course and meet the requirements of s. DHS 163.10 for certification. The course shall include lectures, demonstrations, a minimum of 6 hours of hands-on practice and 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. Describe the role and responsibilities of a lead inspector or risk assessor for clearance, lead inspection and lead-free inspection activities.

b. Compare the role of the lead inspector to the roles of other lead professionals.

c. Describe the liability and insurance issues a lead professional must manage.

d. List the types of background information needed to perform a lead inspection or lead-free inspection.

e. Describe the responsibilities of a lead inspector or risk assessor under the lead-free registry program.

f. Discuss federal, state and local statutes, ordinances, rules and regulations that pertain to lead-based paint inspections.

g. Describe the requirements for training, certification and work practices under ch. DHS 163.

h. Discuss requirements for lead identification and clearance under 24 CFR Part 35, requirements of HUD for notification, evaluation and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance.

i. Describe major lead-based paint regulations and guidelines of the department and other state, federal and local agencies, including all of the following: department of natural resources; department of agriculture, trade and consumer protection; U.S. occupational safety and health administration; U.S. consumer product safety commission; EPA, HUD and City of Milwaukee.

j. Compare the methods for conducting lead inspections, partial inspections and lead-free inspections.

k. Select rooms and components for sampling or testing using protocols and documented methodologies.

L. Describe how to obtain appropriate background information on property being inspected.

m. Select sample locations using protocols and documented methodologies.

n. Use an XRF following using protocols and documented methodologies.

o. Discuss legal and liability issues of using an XRF.

p. Discuss issues of using chemical tests.

q. Conduct an inspection using protocols and documented methodologies.

r. Conduct a lead-free inspection using protocols and documented methodologies.

s. Describe the required elements in an inspection report and a lead-free inspection report.

t. Describe the recordkeeping responsibilities for the types of records kept and length of retention.

u. Describe the procedures for issuing lead-free certificates.

(c) Required topics for lead refresher courses. Each lead refresher training course shall meet the required minimum training hours, shall include lectures, discussion, hands-on instructional activities and skills assessment, and a written course test. Each lead refresher training course shall be based on department-approved curricula and shall provide instruction and materials that address student learning goals and objectives submitted by the training manager and cover all required topics as follows:

1. ‘Lead abatement supervisor refresher course.’ A total of 8 training hours to include a review of the curriculum covered in courses required for lead abatement supervisor certification, as appropriate, an overview of current safety practices relating to regulated activities, current federal, state and local statutes, ordinances, rules and regulations relating to regulated activities in general as well as specific information pertaining to lead hazard reduction, and current technologies relating to lead-based paint activities in general and lead-based paint hazard reduction in particular.

2. ‘Lead abatement worker refresher course.’ A total of 8 training hours to include a review of the curriculum covered in courses required for lead abatement worker certification, as appropriate, an overview of current safety practices relating to regulated activities, current federal, state and local statutes, ordinances, rules and regulations relating to lead-based paint hazard reduction and current technologies relating to regulated activities in general and lead-based paint hazard reduction and lead-safe work practices in particular.

3. ‘Lead hazard investigator refresher course.’ A total of 8 training hours to include a review of the curriculum covered in courses required for lead hazard investigator certification, as appropriate, an overview of current safety practices relating to regulated activities, current federal, state and local statutes, ordinances, rules and regulations relating to lead-based paint and hazard identification and current technologies relating to regulated activities in general and lead-based paint hazard assessment in particular.

4. ‘Lead inspector refresher course.’ A total of 8 training hours to include a review of the curriculum covered in courses required for lead inspector certification, as appropriate, an overview of current safety practices relating to regulated activities, current federal, state and local statutes, ordinances, rules and regulations relating to lead-based paint identification and current technologies relating to regulated activities in general and lead-based paint identification in particular.

5. ‘Lead project designer refresher course.’ A total of 4 training hours to include a review of the curriculum covered in courses required for lead project designer certification, as appropriate, an overview of current safety practices relating to regulated activities, current federal, state and local statutes, ordinances, rules and regulations relating to lead-based paint and current technologies relating to regulated activities in general and lead hazard reduction in particular.

6. ‘Lead risk assessor refresher course.’ A total of 8 training hours to include review of the curriculum covered in courses required for lead risk assessor certification, as appropriate, an overview of current safety practices relating to regulated activities, current federal, state and local statutes, ordinances, rules and regulations relating to regulated activities in general as well as specific information pertaining to risk assessments, and current technologies relating to regulated activities generally and specifically.

7. ‘Lead sampling technician refresher course.’ A total of 4 training hours to include a review of the curriculum covered in the course required for lead sampling technician certification, as appropriate, an overview of current safety practices relating to regulated activities, current federal, state and local statutes, ordinances, rules and regulations relating to lead-based paint and current technologies relating to dust, paint and soil sampling in general and clearance in particular.

8. ‘Lead-safe renovator refresher course.’ A total of 4 training hours to include a review of the curriculum and work practices covered in the course required for lead-safe renovator certification, an overview of current lead safety practices relating to renovation activities, current federal, state and local statutes, regulations, rules and ordinances relating to lead-based paint and renovation, and current technologies relating to lead-safe work practices for renovation.

(d) Length of training. All required training for any conducted course shall be completed within a continuous 30-day period.

(e) Learning goals and objectives. An accredited training course shall have written learning goals and objectives.

(f) Teaching methods. Instructors shall teach an accredited training course using a variety of teaching methods designed to meet the course learning goals and objectives, including methods that require active participation by the students.

Note: Examples of participatory teaching methods include: hands-on exercise, questionnaires, problem solving, quizzes, worksheet exercises, focus questions, case studies, brainstorming, on-site visits, learning games, group discussions, role play, writing assignments and personal action plans.

(g) Quality control plan. The training manager shall develop and implement a quality control plan under s. DHS 163.25 (9) for an accredited training course.

(h) Course test.

1. A written, closed-book course test shall be administered for each initial training course and refresher training course and monitored by the principal instructor or training manager at all times.

2. Course tests shall be submitted to the department for review as part of the application for accreditation and shall be resubmitted whenever their content changes. Only course tests that have been approved by the department may be administered.

3. A course test shall be developed in accordance with the course test blueprint reflecting the learning goals and objectives of the training course, and shall consist of a minimum of 25 multiple choice questions for every 8 training hours of the course.

4. The minimum passing score on a course test shall be correct answers to 70% of the total number of questions, rounded up to the nearest whole number.

5. The training provider shall allow a student who fails the course test at least two retakes of the entire course test within 30 days, but may not offer the course test more than once in a given day. A student who fails to pass the course test within 30 days shall retake the course before retaking the course test.

6. The training manager shall maintain the validity, security and integrity of the course test to ensure that it accurately evaluates each student’s knowledge and skills. The training manager shall ensure that only the full course test is administered and not a portion of the course test.

7. A representative of the training provider designated by the training manager or principal instructor may read a course test to a student in a room separate from other test takers.

(i) Hands-on skills assessment. The principal instructor shall conduct and document a hands-on skills assessment of each student for each learning objective where hands-on instructional activities are performed. A guest instructor who is designated by the training manager for hands-on instruction, may assist the principal instructor in performing the corresponding hands-on skills assessment.

(9) Training diploma.

(a) Requirement to verify identification. Before admitting a student into a class, the training manager shall verify the identity of the student by viewing one form of official photo identification. The training provider shall verify that the individual who presents the identification bears a reasonable likeness to the photograph and is at least 18 years of age or will attain 18 years of age no later than 12 months after completing the training. The training manager may delegate verification of identity to an employee of the training program. Any of following forms of photo identification may be accepted:

1. Driver’s license.

2. Identification card issued by the U.S. military, or a federal, state, local or tribal agency.

3. U.S. or foreign issued passport.

4. Permanent resident alien card.

(am) Document student identification. The training manager, or employee designated by the training manager, shall record the type of identification examined, the name of the issuing agency, the identification number, the student’s full name as it appears on the identification, and the student’s date of birth.

(b) Requirement to issue training diploma. The training manager shall issue a training diploma to a student when the student completes all course requirements.

1. A unique certificate number.

2. The date the certificate is issued.

3. The name of the course, as specified under sub. (8) (a) to (c), which shall clearly indicate initial or refresher, and the language in which the course was conducted if other than English.

4. The student’s full name as it appears on the student’s official identification under par. (a).

5. A clearly identifiable color photograph of the student’s face that meets the requirements under s. DHS 163.10 (5) (b).