Chapter DHS 159

DHS 159.19(6)(c)1. 1. Entering any property or premises on which the company, a company employee or a person under contract with the company is engaged in a regulated asbestos activity, or where the asbestos company conducts business.

DHS 159.19(6)(c)2. 2. Reviewing or copying records required under sub. (7) or any other records relating to regulated asbestos activities.

DHS 159.19(6)(c)3. 3. Collecting air or bulk samples.

DHS 159.19(6)(c)4. 4. Conducting an on-site audit of a training course.

DHS 159.19(6)(c)5. 5. Conducting other activities necessary to determine compliance with this chapter.

DHS 159.19(6)(d) (d) An asbestos company may not confiscate an individual’s original training certificate or certification card, unless the department directs it to do so, and it may not copy an individual’s training certificate or certification card except for record keeping purposes. If a training certificate or certification card is copied, the person who makes the copy shall clearly label “copy” across the front.

DHS 159.19(6)(e) (e) An asbestos company may not charge a fee for the department to conduct an on-site audit of a training course.

DHS 159.19(7) (7) Record keeping.

DHS 159.19(7)(a) (a) Asbestos abatement and management activities. An asbestos company shall retain all records related to its asbestos abatement or management activities for at least 3 years after the documents are created or received by the company. The company shall maintain the records at the address provided on the company application. Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The company shall retain all of the following records as appropriate to the type of regulated activities the company performs:

DHS 159.19(7)(a)1. 1. Copies of project notifications submitted to the department under s. DHS 159.20 and to DNR under ch. NR 447.

DHS 159.19(7)(a)2. 2. Project logs created under s. DHS 159.21 (2).

DHS 159.19(7)(a)3. 3. Occupant protection plans created under s. DHS 159.21 (3).

DHS 159.19(7)(a)4. 4. Any written contracts for asbestos abatement, inspection, management planning, or project design activities conducted by the company.

DHS 159.19(7)(a)5. 5. Any asbestos inspection reports and any asbestos bulk sampling laboratory results.

DHS 159.19(7)(a)6. 6. Documentation of annual training required under sub. (4) for any certified exterior asbestos workers.

DHS 159.19(7)(b) (b) Asbestos training activities. An asbestos company that is a training provider shall retain all records related to regulated asbestos training activities for at least 3 years after the documents are created or received by the company, except t course curriculum materials, which shall be retained for at least 3 years after the materials are no longer used. The company shall maintain the records at the address provided on the company application. Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The records retained by the company shall include all of the following:

DHS 159.19(7)(b)1. 1. The original certificate of course accreditation from the department.

DHS 159.19(7)(b)2. 2. A complete copy of the approved course curriculum, including the instructor and student manuals, course agenda, course test, printed and audiovisual materials used in the course, any other material submitted as part of the application for accreditation and any documents reflecting later changes made to an accredited course.

DHS 159.19(7)(b)3. 3. For each class conducted, the course test questions, answer key, date the test was administered, discipline of the training course, name of the person who administered the test, names of students who completed the test, and the scored test or answer sheet for each student including passing and failing tests.

DHS 159.19(7)(b)4. 4. A copy of each student’s training certificate.

DHS 159.19(7)(b)5. 5. Class and student information required under s. DHS 159.22 (18).

DHS 159.19(7)(b)6. 6. Copies of the photographs required under s. DHS 159.22 (7) (d).

DHS 159.19(7)(b)7. 7. Original class attendance student sign in records.

DHS 159.19(7)(b)8. 8. Documentation of principal instructor and guest instructor qualifications, including copies of principal instructor approvals.

DHS 159.19(7)(b)9. 9. The quality control plan required under s. DHS 159.22 (5), including documentation of activities conducted in compliance with the quality control plan.

DHS 159.19(8) (8) Compliance with applicable laws. When conducting regulated asbestos activities, the asbestos company shall comply with this chapter, other applicable state and federal asbestos laws and regulations, and local ordinances relating to asbestos, including the following:

DHS 159.19(8)(a) (a) Department of safety and professional services asbestos regulations for public sector employee health and safety under ch. SPS 332.

DHS 159.19(8)(b) (b) DNR regulations for control of asbestos emissions under ch. NR 447, and for collection and transportation of asbestos waste under s. NR 502.06 (3).

DHS 159.19(8)(c) (c) 15 USC 2643 and 2646, Title II of the U.S. Toxic Substances Control Act (TSCA).

DHS 159.19(8)(d) (d) U.S. EPA regulations under 40 CFR 763 subpart E, asbestos-containing materials in schools, including appendix C, asbestos model accreditation plan, and appendix D, transport and disposal of asbestos waste, and subpart G to 40 CFR 763, asbestos worker protection.

DHS 159.19(8)(e) (e) U.S. EPA national emission standards for hazardous air pollutants under 40 CFR 61 subparts A, general provisions, and M, national emission standards for asbestos.

DHS 159.19(8)(f) (f) U.S. OSHA regulations under 29 CFR 1926.1101, asbestos construction standard, 29 CFR 1926.59, hazard communication standard, and, 29 CFR 1910.134, respiratory protection standard.

DHS 159.19(8)(g) (g) U.S. Department of Transportation requirements under 49 CFR Part 172, hazardous materials transportation standard.

DHS 159.19 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction to numbering of (8) (f) and (g) made under s. 13.92 (4) (b) 1., Stats., Register February 2009 No. 638; correction in (8) (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DHS 159.20 DHS 159.20 Asbestos abatement notification.

DHS 159.20(1) (1) Notification requirement. Before it may set up to perform an asbestos abatement activity, an asbestos company shall notify the department as required under this section on a form obtained from or approved by the department and shall pay the applicable fee specified under sub. (8).

DHS 159.20(2) (2) Abatement activities that require notification.

DHS 159.20(2)(a) (a) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of a residential structure that has fewer than 5 dwelling units:

DHS 159.20(2)(a)1. 1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of friable or non-friable asbestos-containing material.

DHS 159.20(2)(a)2. 2. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.

DHS 159.20(2)(b) (b) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of any facility other than a residential structure that has fewer than 5 dwelling units:

DHS 159.20(2)(b)1. 1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of non-friable asbestos-containing material.

DHS 159.20(2)(b)2. 2. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, but less than 160 square feet, 260 linear feet, 35 cubic feet of friable asbestos-containing material, or less than 5,580 square feet of asbestos-containing roofing using mechanical methods.

DHS 159.20(2)(b)3. 3. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.

DHS 159.20(3) (3) Exceptions to notification. Notification is not required when removal is conducted before a fire burn or demolition regulated under ch. NR 447 and notification is made to the Wisconsin department of natural resources.

DHS 159.20 Note Note: The Department of Natural Resources also has notification requirements under ch. NR 447 that apply to structures other than residential structures with fewer than 5 dwelling units. Notification to the DNR is required before the removal of any amount of asbestos-containing material for DNR-regulated demolitions and before the removal of friable asbestos or regulated asbestos-containing material in amounts of 160 sq. ft., 260 lnr. ft., or 35 cu. ft., or more, for renovation and planned renovation projects. For more information on DNR requirements, visit the DNR website at http://dnr.wi.gov and type in keyword “asbestos” in the Site Search.

DHS 159.20(4) (4) Required content of notification. Notification shall include all of the following:

DHS 159.20(4)(a) (a) A unique company project number assigned by the asbestos company.

DHS 159.20(4)(b) (b) The following information regarding the asbestos abatement activity site: type of property, property name if applicable, address, and the name and telephone number of the authorized property contact person.

DHS 159.20(4)(c) (c) The asbestos abatement type: removal, enclosure, encapsulation or repair of asbestos-containing material, or any combination of these activities.

DHS 159.20(4)(d) (d) The occupancy status: whether the structure will be occupied or vacant during the project.

DHS 159.20(4)(e) (e) The notification type: original, cancellation, revision, planned renovation project, or sub-project to a planned renovation project.

DHS 159.20(4)(f) (f) The asbestos abatement activity schedule including start date beginning with set up, end date, and work days and hours.

DHS 159.20(4)(g) (g) Information about any pre-project asbestos inspection conducted and the name and department certification number of the inspector.

DHS 159.20(4)(h) (h) The asbestos company name, department certification number and address, and the name and telephone number of the project contact person.

DHS 159.20(4)(i) (i) The amount and type of asbestos-containing material involved in the project.

DHS 159.20(4)(j) (j) Signature of an authorized company representative and the date of signature.

DHS 159.20(5) (5) Notification for planned renovation.

DHS 159.20(5)(a) (a) An asbestos company may submit notification for a planned renovation project, for a time period not to exceed 12 months, when the company anticipates that multiple sub-projects of a planned renovation will include asbestos abatement activities. A company submitting notification for a planned renovation shall subsequently submit notification for each asbestos sub-project that meets the notification requirements under sub. (1).

DHS 159.20(5)(b) (b) Notification for a sub-project to a notified planned renovation project shall include all of the following:

DHS 159.20(5)(b)1. 1. The company project number for the planned renovation from the original planned renovation notification.

DHS 159.20(5)(b)2. 2. The sequential number of the asbestos sub-project conducted under the planned renovation project.

DHS 159.20(5)(b)3. 3. All other asbestos abatement activity information required under sub. (2).

DHS 159.20 Note Note: Department notification forms are available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.20(6) (6) Notification of revised or cancelled project.

DHS 159.20(6)(a) (a) Whenever any information required under sub. (2) changes or when a project is cancelled, the asbestos company shall submit a revised notification to the department using a copy of the original notification with the following:

DHS 159.20(6)(a)1. 1. In the section labeled “notification type” on the notification form, either “cancellation” or “revision” checked and the number of the revision entered.

DHS 159.20(6)(a)2. 2. All revised information circled or highlighted.

DHS 159.20(6)(b) (b) A notification of revision or cancellation shall be submitted as soon as the need for revision or cancellation is known, accompanied by the appropriate fee if required under sub. (8) (b).

DHS 159.20(6)(c) (c) An asbestos abatement activity notification is considered expired once the abatement activity has been cancelled or the abatement activity end date has passed. A notification may be revised after it expires only if the project fails air clearance and re-cleaning is necessary. “Re-cleaning” shall be clearly stated on the revised notification form.

DHS 159.20(6)(d) (d) If an expired asbestos abatement activity is rescheduled, a new notification and fee is required.

DHS 159.20 Note Note: Submit revised notifications by fax, 608-266-9711; email, [e-mail] or personal delivery to Room 137, 1 W. Wilson St, Madison, WI.

DHS 159.20(7) (7) Notification submittal.

DHS 159.20(7)(a) (a) Original asbestos abatement activity notification and planned renovation project notification and fees may be submitted by means of fax, email, personal delivery, delivery service, another method if approved by the department, or by U.S. postal service if postmarked at least 4 working days before the project start date. U.S. postal service may not be used when submitting notification less than 4 working days before the asbestos abatement activity start date.

DHS 159.20(7)(b) (b) Revised and cancelled asbestos abatement activity notification may be submitted by means of fax, email, personal delivery, or another method if approved by the department.

DHS 159.20(8) (8) Notification fees. The appropriate fee shall accompany the asbestos abatement activity notification.

DHS 159.20(8)(a) (a) For an original asbestos abatement activity notification, the following fees apply:

DHS 159.20(8)(a)1. 1. A $50 fee when submitted to the department 2 working days or more before the project start date. Notification submitted by U.S. postal service that is postmarked at least 4 working days before the project start date will be deemed in compliance with a 2 working day notification.

DHS 159.20(8)(a)2. 2. A $100 fee when submitted to the department less than 2 working days before the project start date.

DHS 159.20(8)(b) (b) For revisions to an asbestos abatement activity notification, the following fees apply:

DHS 159.20(8)(b)1. 1. A $50 fee when a revision to an earlier start date is submitted to the department less than 2 working days before the new start date.

DHS 159.20(8)(b)2. 2. No fee is required with any other revision submitted to the department.

DHS 159.20(8)(c) (c) For an original planned renovation project or sub-project notification, the following fees apply:

DHS 159.20(8)(c)1. 1. A $100 fee for an original planned renovation project notification.

DHS 159.20(8)(c)2. 2. A $50 fee for a sub-project notification when submitted to the department less than 2 working days before the sub-project start date.

DHS 159.20(8)(c)3. 3. No fee for a sub-project notification when submitted to the department 2 working days or more before the sub-project start date.

DHS 159.20(8)(d) (d) An asbestos abatement activity notification fee shall be paid by the following means:

DHS 159.20(8)(d)1. 1. When submitting notification by fax or email, payment shall be made by credit or debit charge to VISA or MasterCard.

DHS 159.20(8)(d)2. 2. When submitting notification by personal delivery, delivery service, or U.S. postal service, payment may be made by check, money order, or credit or debit charge to VISA or MasterCard.