Chapter DHS 159

CERTIFICATION AND TRAINING COURSE REQUIREMENTS
FOR ASBESTOS ACTIVITIES

Subchapter I — General Provisions

DHS 159.01   Authority and purpose.

DHS 159.02   Applicability.

DHS 159.03   Approved comparable compliance.

DHS 159.04   Definitions.

Subchapter II — Certification Requirements For Individuals

DHS 159.05   Certification of an individual.

DHS 159.06   Exceptions to certification.

DHS 159.07   Application requirements for initial and renewal certification.

DHS 159.08   Certification and other fees.

DHS 159.09   Provisional certification.

DHS 159.10   Department decisions on initial and renewal applications for certification.

DHS 159.11   Certification effective dates and expiration dates.

DHS 159.12   Initial and refresher training requirements.

DHS 159.13   Responsibilities of individuals conducting regulated asbestos activities.

Subchapter III — Asbestos Company Certification Requirements

DHS 159.14   Certification for asbestos companies.

DHS 159.15   Application requirements for initial and renewal asbestos company certification.

DHS 159.16   Company certification fees.

DHS 159.17   Department decisions on initial and renewal applications for company certification.

DHS 159.18   Company certification effective dates and expiration dates.

DHS 159.19   General responsibilities of asbestos companies.

DHS 159.20   Asbestos abatement notification.

DHS 159.21   Responsibilities when conducting asbestos abatement.

DHS 159.22   Responsibilities when providing an accredited training course.

Subchapter IV — Requirements for Training Course Accreditation

DHS 159.23   Training course accreditation requirements.

DHS 159.24   Application requirements for contingent accreditation.

DHS 159.25   Application requirements for renewal of contingent or full course accreditation.

DHS 159.26   Accreditation and audit fees.

DHS 159.27   Department decisions on training course accreditation and renewal of accreditation.

DHS 159.28   Training course accreditation effective dates and expiration dates.

DHS 159.29   Curriculum requirements for exterior asbestos worker course.

DHS 159.30   Curriculum requirements for exterior asbestos supervisor initial course.

DHS 159.31   Curriculum requirements for asbestos worker initial course.

DHS 159.32   Curriculum requirements for asbestos supervisor initial course.

DHS 159.33   Curriculum requirements for asbestos inspector initial course.

DHS 159.34   Curriculum requirements for asbestos management planner initial course.

DHS 159.35   Curriculum requirements for asbestos project designer initial course.

DHS 159.36   Curriculum requirements for refresher courses.

Subchapter V — Training Course Instructors

DHS 159.37   Approval requirements for principal instructor.

DHS 159.38   Application requirements for initial and renewal principal instructor approval.

DHS 159.39   Principal instructor approval fees.

DHS 159.40   Department decisions on initial and renewal applications for principal instructor approval.

DHS 159.41   Principal instructor approval effective dates and expiration dates.

DHS 159.42   Guest instructor designation.

Subchapter VI — Enforcement

DHS 159.43   General provisions.

DHS 159.44   Reasons for enforcement actions.

DHS 159.45   Enforcement actions.

DHS 159.46   Appeals.

Subchapter VII — Designated Asbestos Person

DHS 159.47   Responsibilities of a local education agency.

DHS 159.48   Responsibilities of a designated asbestos coordinator.

Ch. DHS 159 Note Note: Chapter HSS 159 was created as an emergency rule effective November 3, 1989. Chapter HSS 159 was renumbered chapter HFS 159 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, September, 1999, No. 525. Chapter HFS 159 was renumbered chapter DHS 159 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 159 as it existed on April 30, 2009 was repealed and a new chapter DHS 159 was created effective May 1, 2009; corrections made under s. 13.92 (4) (b) 7., Stats., Register February 2009 No. 638.

subch. I of ch. DHS 159 Subchapter I — General Provisions

DHS 159.01 DHS 159.01 Authority and purpose. This chapter is promulgated under the authority of s. 254.20, Stats., to establish requirements for certification and training for any person who performs or supervises any asbestos abatement activity or any asbestos management activity, and under the authority of s. 254.21, Stats., to establish rules to manage asbestos in schools.

DHS 159.01 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.02 DHS 159.02 Applicability.

DHS 159.02(1) (1) Except as provided under s. DHS 159.06, this chapter applies to any person that performs, claims to perform, offers to perform, supervises, or offers to supervise an asbestos abatement activity or asbestos management activity, as an individual or company, or who owns, conducts or offers to conduct a training course to qualify a person for certification under this chapter.

DHS 159.02(2) (2) For purposes of this chapter, all suspect asbestos-containing material shall be treated as asbestos-containing material.

DHS 159.02 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.03 DHS 159.03 Approved comparable compliance.

DHS 159.03(1) (1) The department may, upon request or its own initiative, approve an alternative to any requirement in this chapter, which is not mandated by state statue or federal law, if the department determines that the alternative is as protective of human health and the environment as the requirement.

DHS 159.03(2) (2) A request for approval of an alternative to a requirement shall be made in writing to the department and include all of the following:

DHS 159.03(2)(a) (a) Identification of the specific rule requirement for which the alternative is requested.

DHS 159.03(2)(b) (b) The reason for the request.

DHS 159.03(2)(c) (c) A description of the alternative.

DHS 159.03(2)(d) (d) The time period for which the alternative is requested.

DHS 159.03(2)(e) (e) Proof that the alternative is as protective of human health and the environment as strict compliance with the rule.

DHS 159.03(2)(f) (f) Any other information requested by the department.

DHS 159.03(3) (3) Within 30 days after receiving a written request for comparable compliance, the department shall approve or deny the request in writing. If the department denies the request, the reason for the denial shall be stated. If the department approves a request for alternative compliance, the department may do any of the following:

DHS 159.03(3)(a) (a) Impose any condition on an alternative which the department deems necessary.

DHS 159.03(3)(b) (b) Modify the alternative.

DHS 159.03(3)(c) (c) Limit the duration of an alternative.

DHS 159.03(3)(d) (d) Revoke approval of an alternative if any of the following occurs:

DHS 159.03(3)(d)1. 1. The alternative adversely affects the health, safety or welfare of persons or the environment.

DHS 159.03(3)(d)2. 2. The person fails to comply with any terms or conditions of the approval.

DHS 159.03(3)(d)3. 3. There is a change in applicable law.

DHS 159.03(4) (4) The department may charge a fee of up to $100 to review a request for an alternative.

DHS 159.03(5) (5) The department’s denial of a request for comparable compliance is a final decision of the department and is not subject to a hearing under s. DHS 159.46.

DHS 159.03 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.04 DHS 159.04 Definitions. In this chapter:

DHS 159.04(1) (1) “Accreditation” means approval by the department of a training course for a specific discipline based on its compliance with subch. IV.

DHS 159.04(2) (2) “AHERA” means 40 CFR 763, Subpart E, the asbestos-containing materials in schools rule promulgated by EPA under the authority of 15 USC 2643, the asbestos hazard emergency response act of 1986 as amended by the asbestos school hazard abatement reauthorization act of 1990.

DHS 159.04(3) (3) “Asbestos” means chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite or fibrous anthophyllite.