Subchapter IV — Enforcement
DHS 163.30 General provisions. DHS 163.31 Reasons for enforcement actions. DHS 163.32 Enforcement actions. Subchapter V — Registry of Property with Certificates of Lead-Free Status or Lead-Safe Status
DHS 163.40 General provisions. DHS 163.41 Certificate of lead-free status. DHS 163.42 Certificate of lead-safe status. Ch. DHS 163 NoteNote: Chapter HFS 163 was created as an emergency rule effective February 18, 1997 and was created as a permanent rule Register, October, 1997, No. 502, effective November 1, 1997. Chapter HFS 163 was repealed and recreated by emergency rule effective August 29, 1998. Chapter HFS 163 as it existed on April 30, 1999 was repealed and a new chapter HFS 163 was created, Register, April, 1999, No. 520, effective May 1, 1999. Chapter HFS 163 as it existed on February 28, 2002 was repealed and a new chapter HFS 163 was created, Register February 2002 No. 554, effective March 1, 2002. Chapter HFS 163 was renumbered chapter DHS 163 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 163.01(2)(2) Activities involving target housing and child-occupied facilities. This chapter is intended to ensure that persons who perform renovation, lead hazard reduction or lead investigation activities do so safely to prevent exposure of building occupants to hazardous levels of lead. This is accomplished by requiring an individual to be trained and certified under s. DHS 163.10 before the individual performs, supervises or offers to perform or supervise renovation, specified lead hazard reduction or lead investigation activities involving target housing or a child-occupied facility or the real property on which the target housing or child-occupied facility stands. In addition, the certified individual is required to be associated with a company certified by the department under s. DHS 163.12. Subchapter III requires that a training course that is represented as qualifying any person for certification to perform renovation, lead hazard reduction or lead investigation activities be accredited by the department before the training course is offered, advertised or conducted and that training managers and principal instructors be separately approved by the department. DHS 163.01(3)(3) Activities involving registered lead-free property and registered lead-safe property. This chapter establishes standards for registered lead-free and registered lead-safe property, procedures for determining whether a property meets the standards, and procedures for issuing and maintaining certificates of lead-free status and lead-safe status. DHS 163.01 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) and (3), eff. 10-16-09; CR 09-085: am. (2) and (3) Register March 2010 No. 651, eff. 4-1-10. DHS 163.02(1)(a)(a) This subchapter, subchs. II and IV apply to a person performing, supervising or offering to perform or supervise a renovation, lead hazard reduction activity or lead investigation activity involving target housing or a child-occupied facility or the real property on which the target housing or child-occupied facility stands. Persons conducting work regulated under this chapter are also required to conduct activities in a manner that does not increase the hazards from lead-based paint to building occupants. DHS 163.02(1)(b)(b) This subchapter, subchs. III and IV apply to a training course that is offered, advertised, conducted or taught leading to, or intended to lead to, certification under this chapter, and to the training manager and instructors for the training course. DHS 163.02(1)(c)(c) Subchapter V applies to real property for which a certificate of lead-free status or lead-safe status is sought or has been issued. DHS 163.02(2)(2) Approved alternative to an administrative requirement. The department may approve an alternative to any administrative requirement in this chapter that is not a statutory requirement when the department is provided with satisfactory written proof that the alternative is as protective of human health and the environment as the original requirement. A request for approval of an alternative shall be in writing, shall be sent to the department and shall include justification for the alternative. The department shall approve or deny the alternative or request additional information within 20 working days of receipt of the request for approval. If granted, the department shall send the applicant a written notice of approval that may include limits on the approval. DHS 163.02 NoteNote: Submit your request for approval of an alternative to a requirement by mail to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445, or by email to dhsasbestoslead@wi.gov. DHS 163.02 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1) and (2), eff. 10-16-09; CR 09-085: am. (1) and (2) Register March 2010 No. 651, eff. 4-1-10. DHS 163.03DHS 163.03 Definitions. In this chapter: DHS 163.03(1)(1) “Abatement” means any measure or set of measures intended to permanently eliminate lead-based paint hazards. Abatement includes any of the following: DHS 163.03(1)(a)(a) Activities intended to permanently eliminate a lead-based paint hazard, as follows: DHS 163.03(1)(b)1.1. A project involving target housing or a child-occupied facility conducted under a written contract or other documentation that indicates the project meets one of the following criteria: DHS 163.03(1)(b)1.a.a. The project will result in the permanent elimination of a lead-based paint hazard. DHS 163.03(1)(b)1.b.b. The project is intended to permanently eliminate a lead-based paint hazard and includes one of the activities described in par. (a). DHS 163.03(1)(b)2.2. A project resulting in the permanent elimination of a lead-based paint hazard, conducted by a person certified by the department under this chapter, unless the project is covered by par. (c). DHS 163.03(1)(b)3.3. A project resulting in the permanent elimination of a lead-based paint hazard, conducted by persons who, through their name or promotional literature, represent, advertise or hold themselves out to be in the business of performing abatement activities as identified and defined by this section, unless the project is covered by par. (c). DHS 163.03(1)(b)4.4. A project conducted in response to a state or local government abatement order that results in the permanent elimination of a lead-based paint hazard. DHS 163.03(1)(b)5.5. A project conducted in response to a request for an abatement activity or which the contractor claims to be an abatement activity. DHS 163.03(1)(c)(c) “Abatement” does not include measures and activities intended to temporarily, but not permanently, reduce lead-based paint hazards. Furthermore, “abatement” does not include activities that are intended solely to repair, restore or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. DHS 163.03(2)(2) “Accreditation” means an approval status granted by the department to a training course meeting the requirements under subchs. I and III. Accreditation may be either contingent accreditation or full accreditation. DHS 163.03(3)(3) “Accreditation audit” means an audit of a training course or training course records conducted by department staff to review for compliance with this chapter. DHS 163.03(4)(4) “Adequate quality control” means a plan or design which ensures the authenticity, integrity and accuracy of samples, including dust, soil and paint chip or paint film samples and includes provisions for representative sampling. DHS 163.03(5)(5) “Agent” means a person who is under a contract, or otherwise authorized by the owner, to manage or maintain real property. DHS 163.03(6)(6) “Arithmetic mean” means the algebraic sum of data values divided by the number of data values. DHS 163.03 NoteNote: An example of an arithmetic mean is adding the values for the concentration of lead in several soil samples, as determined through analysis by a recognized laboratory, and dividing that total by the number of samples analyzed.
DHS 163.03(7)(7) “Bare soil” means soil or sand that is not covered by grass, sod, other live ground covers, wood chips, gravel, artificial turf, pavement or similar covering. DHS 163.03(8)(8) “Certificate of lead-free status” or “lead-free certificate” means a certificate issued under this chapter by a certified lead inspector or risk assessor, and registered with the department that documents a finding by the inspector or risk assessor that a premises, dwelling or unit of a dwelling is free of lead-bearing paint as of the date specified on the certificate. DHS 163.03(9)(9) “Certificate of lead-safe status” or “lead-safe certificate” means a certificate issued under this chapter by a certified lead hazard investigator or risk assessor, and registered with the department that documents that the hazard investigator or risk assessor detected no lead-based paint hazards affecting the premises, dwelling or unit of the dwelling on the date specified on the certificate. DHS 163.03(10)(10) “Certification” means an approval status granted by the department to a person meeting the conditions for certification under this chapter. DHS 163.03(11)(11) “Certification examination” means a written, closed-book examination that evaluates the applicant’s knowledge of information necessary to properly perform work in a specific discipline and is administered to an applicant for certification by the department or a person under the authority of the department. DHS 163.03(12)(12) “Certification period” means the period of time for which certification is granted by the department. DHS 163.03(13)(13) “Child-occupied facility” means a building or portion of a building constructed prior to 1978, and including common areas, that meets any of the following: DHS 163.03(13)(b)(b) A public or private school or preschool attended by a registered child younger than 6 years of age, including a state-operated residential treatment center. DHS 163.03(13)(c)(c) A building or portion of a building, visited by the same child under 6 years of age, on at least 2 different days within any week, Sunday through Saturday, provided that each day’s visit lasts at least 3 hours and the combined annual visits last at least 60 hours. DHS 163.03(13)(d)(d) A structure that is being converted to a child-occupied facility. DHS 163.03(13g)(13g) “Cleaning verification” means a protocol for use by certified lead-safe renovators after completion of renovation activities, and in lieu of clearance dust-wipe sampling, that ensures post-renovation cleaning has been successfully completed to the standard set under s. DHS 163.14 (11) (L). DHS 163.03(13r)(13r) “Cleaning verification card” means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been successfully completed. DHS 163.03(14)(14) “Clearance” means the actions taken after an abatement, interim control or renovation activity to make a final determination that the work was completed, final cleaning was conducted and dust-lead levels are below the clearance levels. DHS 163.03(15)(15) “Clearance level” means the value under s. DHS 163.14 (5) (c) 8. that indicates the maximum amount of lead permitted in dust on a surface following completion of an abatement, interim control or renovation activity. DHS 163.03(16)(16) “Common area” means a portion of a building, the land on which the building stands and other improvements on that land that are generally accessible to occupants of the building. DHS 163.03 NoteNote: Examples of common areas are a hallway, stairway, restroom, dining room, laundry room, recreation room, playground, community center, garage and boundary fence.
DHS 163.03(17)(17) “Component” means a specific design, architectural or structural element or fixture of a structure that is distinguished from another component by form, function or location. Interior components include ceiling, crown molding, wall, chair rail, door, door trim, floor, fireplace, radiator or other heating unit, shelf, shelf support, stair tread, stair riser, stair stringer, newel post, railing cap, balustrade, window and trim (including sash, window head, jamb, interior sill or stool and trough), built-in cabinet, column, beam, bathroom vanity, counter top and air conditioner. Exterior components include painted roofing, chimney, flashing, gutter, downspout, ceiling, soffit, fascia, rake board, cornerboard, bulkhead, door and door trim, fence, floor, joist, lattice work, railing, railing cap, siding, handrail, stair riser, stair tread, stair stringer, column, balustrade, exterior windowsill, window trough or well, casing, sash and air conditioner. DHS 163.03(18)(18) “Containment” means the physical measures taken to isolate the work area in order to ensure that dust and debris created or released during activities are not spread, blown or tracked from inside to outside of the work area. DHS 163.03(19)(19) “Contingent accreditation” means a temporary approval status granted by the department to a training course for a specific discipline on the basis of a desk audit of accreditation application materials for compliance with this chapter. DHS 163.03(20)(20) “Course agenda” means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic. DHS 163.03(21)(21) “Course test” means a written, closed-book test administered by a training provider at the end of a course that is intended to evaluate trainees’ knowledge and retention of the course learning objectives. DHS 163.03(22)(22) “Course test blueprint” means written documentation identifying the proportion of course test questions devoted to each major course learning objective. DHS 163.03(22m)(22m) “Demolition” means the removal of any load-supporting structural component of target housing or a child-occupied facility together with any related handling operations. DHS 163.03(23)(23) “Department” means the Wisconsin department of health services. DHS 163.03(24)(24) “Deteriorated paint” means paint that is cracking, flaking, chipping, peeling, chalking or otherwise separating from the substrate of a building component or from underlying paint on a component. “Deteriorated paint” does not include paint where nail holes, hair-line cracks, or small nicks or scratches are present, provided all layers of paint remain securely bonded. DHS 163.03(25)(25) “Direct supervision” means supervision by an individual who is on-site and readily available to observe and assist. DHS 163.03(26)(26) “Disturb” means to break up, burn, crush, cut into, dissolve, sand, scrape, abrade remove, demolish or otherwise manipulate a painted surface in a manner that generates dust, paint chips or debris. DHS 163.03 NoteNote: Washing or vacuuming painted surfaces does not, by itself, disturb paint unless the method used dislodges paint, such as by power washing. Although removal of a carpet does not disturb paint, the removal of a carpet contaminated with dust-lead or paint chips can create a lead hazard.
DHS 163.03(27)(27) “Discipline” means one of the specific job categories in s. DHS 163.10 (2) for which individuals are trained and become certified by the department. DHS 163.03(28)(28) “Distinct paint history” means the paint application history, as indicated by its visual appearance or a record of the application of paint or other surface coatings to a component or room. DHS 163.03(29)(29) “Documented methodologies” means written protocols, standards or methods that are generally used and accepted for conducting regulated activities. DHS 163.03 NoteNote: Examples of documented methodologies include the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (current edition); the EPA Guidance on Residential Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); Wisconsin Childhood Lead Poisoning Prevention and Control Handbook; regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and guidelines. For non-abatement lead-based paint activities, additional documented methodologies include: HUD’s Lead Paint Safety, A Field Guide for Painting, Home Maintenance, and Renovation Work; EPA’s Renovate Right pamphlet and Small Entity Compliance Guide to Renovate Right: EPA’s Lead-Based Paint Renovation, Repair and Painting Program. Federal documents may be downloaded from the HUD website at http://hud.gov/lead or from the EPA website at http://epa.gov/lead. DHS 163.03(30)(30) “Door system” means all components associated with the operation or decoration of a door, including the frame, head, casing, latch jamb, transom, door stop, hinge jamb, door, threshold and door trim. DHS 163.03(31)(31) “Dripline” means the area within 3 feet surrounding the exterior foundation of a building. DHS 163.03(31m)(31m) “Dry disposable cleaning cloth” means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops. DHS 163.03(32)(32) “Durable material” means a construction product capable of withstanding use without significant deterioration, such as vinyl flooring, siding, paneling, aluminum coil stock, plasterboard or plywood.
