DHS 163.40 Note
Note: Along with the amended certificate, the department will send the new owners information about the conditions for maintaining the certificate.
DHS 163.40(5)
(5) Voluntary termination of a certificate. To voluntarily terminate a certificate of lead-free status or to terminate a certificate of lead-safe and the requirement to comply with conditions for maintaining a certificate of lead-safe status, the property owner shall return the original certificate and any existing copies to the department with a signed and dated notice to terminate the certificate. The certificate is no longer in effect on the date the department receives the notice.
DHS 163.40 History
History:
CR 00-172: cr.
Register February 2002 No. 554, eff. 3-1-02;
EmR0928: emerg. am. (1), (2) (c) 2., 3. b. and 5. a., r. (2) (a), (c) 1., 4., and (4), eff. 10-16-09;
CR 09-085: am. (1), (2) (c) 2., 3. b. and 5. a., r. (2) (a), (c) 1., 4., and (4)
Register March 2010 No. 651, eff. 4-1-10;
CR 19-110: am. (2) (c) 2., 5. a., b.
Register June 2021 No. 786, eff. 7-1-21.
DHS 163.41
DHS 163.41
Certificate of lead-free status. DHS 163.41(1)(1)
Registered lead-free property standards. All registered lead-free property shall meet all of the following standards:
DHS 163.41(1)(a)
(a)
Painted components. Painted components shall be free of lead-based paint, as determined by a lead-free inspection under sub.
(2).
DHS 163.41(1)(b)
(b)
Dust from removal of paint or components. Property shall be free of a dust-lead hazard created by removal of lead-based paint or lead-based paint components, as determined by a lead-free inspection under sub.
(2).
DHS 163.41(2)
(2) issuance of lead-free certificate. All of the following apply to issuing a certificate of lead-free status:
DHS 163.41(2)(a)1.1. `Who may conduct.' A lead-free inspection shall be conducted by a certified lead inspector or lead risk assessor associated with a certified lead company. Under direct on-site supervision of a certified lead inspector or risk assessor, a certified lead hazard investigator or sampling technician may assist with a lead-free inspection but may not use an XRF. Certified individuals involved with conducting a lead-free inspection shall conduct it in an unbiased, objective and impartial manner. All persons involved with conducting the lead-free inspection shall meet the requirements under s.
DHS 163.40 (2) (c) 3. DHS 163.41(2)(a)2.
2. `Locations inspected.' The registered lead-free property covered by a certificate is limited to those locations subject to the lead-free inspection under one of the following subd. pars., except that all dwelling units are included when a random selection process under subd.
2. c. is successfully used:
DHS 163.41(2)(a)2.a.
a. When a certificate of lead-free status is being sought for a single dwelling unit, the locations inspected shall include the dwelling unit for which the certificate is being sought and all interior and exterior common areas for the real property associated with the dwelling.
DHS 163.41(2)(a)2.b.
b. When a certificate of lead-free status is being sought for an entire multi-family dwelling, the locations inspected shall include all dwelling units unless subd.
2. c. applies, and shall include all interior and exterior common areas for the real property associated with the dwelling.
DHS 163.41(2)(a)2.c.
c. When a certificate of lead-free status is being sought for a multi-family dwelling with more than 20 dwelling units that are similar in construction, age and have a common painting history, the locations inspected shall include either all dwelling units or a subset of the dwelling units selected using the random selection process, and shall include all interior and exterior common areas for the real property associated with the dwelling. When the random selection process is used for dwellings built before 1960, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 95% of all dwelling units would meet the standard for registered lead-free property if all dwelling units were investigated. When the random selection process is used for dwellings built in 1960 or later, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 90% of all dwelling units would meet the standard for registered lead-free property if all dwelling units were investigated. If any dwelling unit included in the lead-free inspection does not meet the standard, a certificate of lead-free status may not be issued. If conditions in the failed dwelling unit are corrected, conduct a new lead-free inspection that includes a new selection of dwelling units chosen using the random selection process.
DHS 163.41 Note
Note: For assistance in selecting the correct number of dwelling units to include in the lead-free inspection, refer to 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. At the first instance that a property fails a lead-free inspection, follow the actions agreed upon in the contract under s.
DHS 163.13 (5) (e). Actions that might be required in the contract include the following: stop the lead-free inspection, continue with the lead-free inspection or a lead inspection to discover other sources of lead-based paint, or convert the lead-free inspection to a lead-safe risk assessment.
DHS 163.41(2)(a)2.d.
d. When a certificate of lead-free status is being sought for a premises that is not a dwelling, such as a child-occupied facility, the locations inspected shall include all interior and exterior common areas for the real property associated with the premises where an occupant of the child-occupied facility might be exposed to a lead-based paint hazard.
DHS 163.41 Note
Note: Subd. 2. a. to c. apply only to dwellings and subd. 2. d. applies only to other premises that are not dwellings, such as child-occupied facilities.
DHS 163.41(2)(a)2.e.
e. The lead-free inspection may incorporate a determination from a prior lead investigation activity that lead-based paint is not present on a painted component when the prior investigation activity meets the requirements under s.
DHS 163.40 (2) (c) 3. DHS 163.41(2)(a)4.
4. `Clearance.' A lead-free inspection shall include clearance under s.
DHS 163.14 (5) of the work area where more than 2 square feet of paint was removed or more than 2 square feet of paint was disturbed in removing a painted component, if known, or of the dwelling units and common areas inspected under subd.
2., unless one of the following is obtained:
DHS 163.41(2)(a)4.a.
a. A clearance report issued by an appropriately certified person after the most recent removal of more than 2 square feet of paint or removal of a painted component when the removal disturbed more than 2 square feet of paint. A certified individual involved with conducting clearance that is included in a lead-free inspection may not be a property owner or an immediate family member, agent or employee of a property owner or associated with a certified lead company that is directly or beneficially owned, controlled or managed by a property owner, or by an immediate family member, agent or employee of a property owner.
DHS 163.41(2)(a)4.b.
b. The following statement signed by the property owner or the property owner's agent or employee and dated at the time of signature: “I have no notice or knowledge of any person, during the previous 12 months, removing a total of more than 2 square feet of paint or disturbing more than 2 square feet of paint when removing a painted component from the real property included in this lead-free inspection."
DHS 163.41(2)(b)
(b)
Submission of registration form. Following instructions provided by the department, a lead company shall complete and submit the lead-free inspection registration form to the department within 10 working days after completing the lead-free inspection, including receipt of any laboratory results. The registration form shall be submitted using an electronic format provided by the department or an alternative method approved by the department.
DHS 163.41(2)(c)
(c)
Verification of qualification and registration. The lead company shall follow the instructions provided by the department to issue the certificate of lead-free status to the property owner within 10 working days after receiving verification of qualification and registration from the department.
DHS 163.41(2)(d)1.1. If a certified lead company conducts a lead-free inspection and submits the registration form to the department under par.
(b) within 10 working days after completion of the lead-free inspection, and, if the department determines the dwelling unit, dwelling or premises meets the standards for registered lead-free property, the certificate shall be valid on the date the on-site sampling was completed.
DHS 163.41(2)(d)2.
2. If a lead company fails to submit the registration form within 10 working days under par.
(b), the certificate shall be valid on the date the dwelling unit, dwelling or premises met the standards, as determined by the department based on evidence submitted by the property owner or lead company.
DHS 163.41(2)(d)3.
3. If a certified lead company conducted a lead inspection prior to the availability of certificates of lead-free status, the certificate shall be valid on the date the lead-free inspection form under par.
(b) is received by the department when one of the following meets the requirements of the lead-free inspection protocol under par.
(a):
DHS 163.41(2)(d)3.b.
b. The prior lead inspection combined with a subsequent update to the lead inspection.
DHS 163.41(2)(e)
(e)
Expiration date. A certificate of lead-free status is valid until revoked, which shall be stated on each certificate of lead-free status issued.
DHS 163.41(2)(f)1.1. In addition to fees charged by the lead company for the lead-free investigation and any laboratory analysis, the property owner shall pay a lead-free certificate fee of $50 to the lead company issuing a lead-free certificate and the lead company shall forward payment to the department before the 10
th day of the month following issuance.
DHS 163.41(2)(f)2.
2. In addition to the fee under subd.
1., a lead company that submits a lead-free report using an approved alternative under sub.
(2) (b) shall pay a handling fee of $25.
DHS 163.41(2)(f)3.
3. If a property owner requests the department to issue a duplicate or an amended certificate of lead-free status, the property owner shall submit a fee of $50, payable to the department of health services.
DHS 163.41 Note
Note: The department will provide training to lead company staff on the process for registering and issuing a lead-free or lead-safe certificate. To request training, call 608-261-6876.
DHS 163.41(3)
(3) Revocation. If the department provides written notice of revocation, the grounds for revocation and an explanation of the process under s.
DHS 163.33 for appealing a revocation not less than 30 days before the date of the revocation, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period, the department may revoke a certificate of lead-free status for any of the following reasons:
DHS 163.41(3)(a)
(a) The dwelling, dwelling unit, child-occupied facility or other premises is not free of lead-based paint, as determined by sampling conducted using documented methodologies.
DHS 163.41(3)(c)
(c) The lead-free inspection does not support that the property meets the registered lead-free property standards under sub.
(1) because the lead-free inspection protocol under sub.
(2) was not followed in determining that the dwelling, dwelling unit, child-occupied facility or other premises met the standards for registered lead-free property and a subsequent lead-free inspection does not verify that the dwelling, dwelling unit, child-occupied facility or other premises met the lead-free standards.
DHS 163.41 Note
Note: When a property owner is notified of a problem with a lead-free inspection, the property owner may hire a certified lead company to conduct a new lead-free inspection to verify that the property was, in fact, eligible for the lead-free certificate. If the property owner submits the inspection report for the new lead-free inspection to the department, the department will review the report and stop the revocation action if the new lead-free inspection verifies the property meets the standards.
DHS 163.41(3)(d)
(d) The property owner or his or her employee or agent obtained the certificate by fraud.
DHS 163.41 History
History:
CR 00-172: cr.
Register February 2002 No. 554, eff. 3-1-02;
EmR0928: emerg. am. (2) (a) 2. d., eff. 10-16-09;
CR 09-085: am. (2) (a) 2. d.
Register March 2010 No. 651, eff. 4-1-10; correction in (2) (f) 3. made under s.
13.92 (4) (b) 6., Stats.,
Register March 2010 No. 651;
CR 19-110: am. (2) (a) 2. e., 4. a.
Register June 2021 No. 786, eff. 7-1-21.
DHS 163.42
DHS 163.42
Certificate of lead-safe status. DHS 163.42(1)(1)
Registered lead-safe property standards. Under the standards in this subsection, paint is considered to be lead-based paint unless tested under s.
DHS 163.40 (2) (c) and determined not to be lead-based paint. For registered lead-safe property, all locations under sub.
(2) (a) 2. that are subject to a lead-safe investigation shall meet all of the following standards, as determined by a lead-safe investigation under sub.
(2):
DHS 163.42(1)(a)
(a)
Interior painted components. Interior painted components shall be free of deteriorated lead-based paint.
DHS 163.42(1)(b)
(b)
Exterior painted components. Exterior painted components shall be free of deteriorated lead-based paint.
DHS 163.42(1)(c)
(c)
Paint chips. Floors, stairways, windowsills, window wells or troughs and soil shall be free of visible paint chips.
DHS 163.42(1)(d)
(d)
Substrate. Substrates with lead-based paint shall have no visible defect, damage, decay or deterioration that might cause paint failure.
DHS 163.42(1)(e)
(e)
Dust-lead hazards. The property shall have no dust-lead hazards as defined under DHS 163.15 (1) (b).
DHS 163.42(1)(f)
(f)
Moisture or water damage. Surfaces with lead-based paint shall be free from ongoing water damage caused by any of the following:
DHS 163.42(1)(f)1.
1. Unrepaired water leaks in gutters, downspouts, roofs, foundations or other components.
DHS 163.42(1)(g)
(g)
Painted floors and stairs. Painted interior and exterior floors and stairs shall be free of deteriorated or abraded lead-based paint.
DHS 163.42(1)(h)
(h)
Window systems, including storm and screen windows. For window systems with lead-based paint, all of the following apply:
DHS 163.42(1)(h)1.
1. Weep holes shall be present and open in any window system designed to have weep holes.
DHS 163.42(1)(i)
(i)
Soil -lead hazard. There shall be no soil-lead hazard on registered lead-safe property. A soil-lead hazard is present when bare soil is present and an assessment conducted under s.
DHS 163.14 (9) (g) determines that the bare soil is a soil-lead hazard under s.
DHS 163.15 (2).
DHS 163.42(2)(a)1.
1. `Who may conduct.' A lead-safe investigation shall be conducted by a certified lead hazard investigator or lead risk assessor associated with a certified lead company. 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 lead-safe investigation. Certified individuals involved with conducting a lead-safe investigation shall conduct it in an unbiased, objective and impartial manner. All persons involved with conducting the lead-safe investigation shall meet the requirements under s.
DHS 163.40 (2) (c) 3. DHS 163.42(2)(a)2.
2. `Locations investigated.' The registered lead-safe property covered by a certificate is limited to those locations subject to the lead-safe investigation under one or more of the following subd. pars., except that all dwelling units are included when a random selection process under subd.
2. c. is successfully used:
DHS 163.42 Note
Note: Subd. 2. a. to c. apply to dwellings and subd. 2. d. applies to other premises that are not dwellings, such as child-occupied facilities.
DHS 163.42(2)(a)2.a.
a. When a certificate of lead-safe status is being sought for a single dwelling unit, the locations investigated shall include the dwelling unit for which the certificate is being sought and all interior and exterior common areas for the real property associated with the dwelling where an occupant of the dwelling unit might be exposed to a lead-based paint hazard.
DHS 163.42(2)(a)2.b.
b. When a certificate of lead-safe status is being sought for an entire multi-family dwelling, the locations investigated shall include all dwelling units unless subd.
2. c. applies, and shall include all interior and exterior common areas for the real property associated with the dwelling where an occupant might be exposed to a lead-based paint hazard.
DHS 163.42(2)(a)2.c.
c. When a certificate of lead-safe status is being sought for a multi-family dwelling with more than 20 dwelling units that are similar in construction, age and have a common paint, maintenance and management history, the locations investigated shall include either all dwelling units or a subset of the dwelling units that are selected using the random selection process, and shall include all interior and exterior common areas for the real property associated with the dwelling where an occupant might be exposed to a lead-based paint hazard. When the random selection process is used, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 95% of all dwelling units would meet the standard for registered lead-safe property if all dwelling units were investigated. If any dwelling unit included in the lead-safe investigation does not meet the standard, a certificate of lead-safe status may not be issued. If conditions in the failed dwelling unit are corrected, conduct a new lead-safe investigation that includes a new selection of dwelling units using the random selection process.
DHS 163.42 Note
Note: For assistance in selecting the correct number of dwelling units to include in the lead-safe investigation, refer to 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. At the first instance that a property fails a lead-safe investigation, follow the actions agreed upon in the contract under s.
DHS 163.13 (5) (e). Actions that might be required in the contract include stopping the lead-safe investigation or converting to a risk assessment.
DHS 163.42(2)(a)2.d.
d. When a certificate of lead-safe status is being sought for a premises that is not a dwelling, such as a child-occupied facility, the locations investigated shall include all interior and exterior common areas for the real property associated with the premises where an occupant of the child-occupied facility might be exposed to a lead-based paint hazard.
DHS 163.42(2)(a)2.e.
e. The lead-safe investigation may incorporate a determination from a prior lead investigation activity that lead-based paint is not present on a painted component when the prior lead investigation activity meets the requirements under s.
DHS 163.40 (2) (c) 3. DHS 163.42(2)(a)3.
3. `Sampling or testing for lead-based paint.' Certified persons conducting a lead-safe investigation shall treat paint as lead-based paint unless the paint is sampled or tested under s.
DHS 163.40 (2) (c) and determined not to contain lead-based paint.
DHS 163.42(2)(a)5.
5. `Collection of dust samples.' For a lead-safe investigation of a dwelling, use documented methodologies to collect composite dust samples under subd.
6. or single-surface dust samples under subd.
7., and to collect single surface dust samples of common areas under subd.
8. For a lead-safe investigation of any other premises, use documented methodologies to collect single-surface dust samples under subd.
9. DHS 163.42 Note
Note: Composite dust sampling under this protocol is comparable to dust sampling conducted under a lead hazard screen and single-surface dust sampling is comparable to dust sampling conducted under a lead risk assessment. Documented methodologies for dust wipe samples under this protocol include the EPA protocols under
40 CFR 745.227, EPA guidance documents relating to the EPA protocols and Chapter
5 of HUD's “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing."
DHS 163.42(2)(a)6.
6. `Collect composite dust samples of a dwelling unit.' Collect composite dust samples from a dwelling unit as follows:
DHS 163.42(2)(a)6.a.
a. Collect one or more composite dust sample consisting of 4 separate dust samples from the floors of the main entryway and rooms or areas where a child under age 6 years would most likely come into contact with dust.
DHS 163.42(2)(a)6.b.
b. Collect one or more composite dust sample consisting of 4 separate dust samples from the window troughs or 4 separate dust samples from interior sills of windows that are most frequently operated or where a child under age 6 years would most likely come into contact with dust.
DHS 163.42(2)(a)6.c.
c. For a dwelling unit in a multi-family dwelling, collect dust samples under subd.
8. from common areas where a child under age 6 years would most likely come into contact with dust in addition to the samples collected under subd.
6. a. and
b. DHS 163.42(2)(a)7.
7. `Single surface dust samples of a dwelling unit.' Collect single-surface dust samples from a dwelling unit as follows:
DHS 163.42(2)(a)7.a.
a. Collect a minimum of 4 dust samples from floors in rooms and areas that might be frequented by children under age 6, with samples collected from areas of the floor where a child under age 6 would most likely come into contact with dust, such as a play area within a room, a high-traffic walkway and underneath windows.
DHS 163.42(2)(a)7.b.
b. Collect one dust sample from a window trough of a window that is commonly operated or where a child under age 6 years would most likely come into contact with dust.
DHS 163.42(2)(a)7.c.
c. Excluding the window from which the sample under subd.
7. b. was taken, collect a minimum of 3 dust samples from interior windowsills in rooms or areas where a child under age 6 years would likely come into contact with dust. Select windows that are frequently operated or where a child under age 6 years would most likely come into contact with dust.
DHS 163.42(2)(a)7.d.
d. For a dwelling unit in a multi-family dwelling, collect dust samples under subd.
8., from common areas where a child under 6 years would most likely come into contact with dust in addition to the samples collected under subd.
7. a. to
c. DHS 163.42(2)(a)8.
8. `Single surface dust samples of dwelling common areas.' Collect single surface dust samples of dwelling common areas as follows:
DHS 163.42(2)(a)8.a.
a. Collect window and floor dust samples from common areas adjacent to the dwelling.
DHS 163.42(2)(a)8.b.
b. Collect window and floor samples from other common areas where a child under age 6 would likely come into contact with dust.
DHS 163.42(2)(a)9.
9. `Single-surface dust samples of other premises.' For a child-occupied facility or premises other than a dwelling, collect single-surface dust samples as follows:
DHS 163.42(2)(a)9.a.
a. Window and floor samples in each room, hallway or stairwell used by a child under age 6 years.
