Chapter DHS 163

DHS 163.03(88m) (88m) “Pamphlet” means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools or any other pamphlet approved by the department and EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet, except for the addition of local sources of information.

DHS 163.03(88r) (88r) “Partial lead inspection” means an on-site sampling or testing of one or more, but not all, testing combinations in any target housing or child-occupied facility to determine the presence of lead-based paint.

DHS 163.03(89) (89) “Permanently covered soil” means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as asphalt or concrete. Grass, mulch and other landscaping materials are not considered permanent coverings.

DHS 163.03(90) (90) “Person” means any individual or entity, including a sole proprietorship, corporation, limited liability corporation, partnership or association, Indian tribe, state or local agency or political subdivision of a state, interstate body, or department, agency or other instrumentality of the federal government.

DHS 163.03(91) (91) “Play area” means an area of frequent contact by children under age 6, as indicated by such factors as the use of the structure, observations of play patterns, information provided by parents or others, or the presence of play equipment, toys or other possessions of children.

DHS 163.03(91m) (91m) “Porch” means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any building, and having a roof and floor.

DHS 163.03(92) (92) “Premises” means any of the following:

DHS 163.03(92)(a) (a) An educational or child care facility, including attached structures and the real property upon which the facility stands, that provides services to children under 6 years of age.

DHS 163.03(92)(b) (b) Other buildings and facilities, including attached structures and real property upon which the buildings or facilities stand, that might contain lead-based paint or a lead-based paint hazard.

DHS 163.03(93) (93) “Principal instructor” means an individual who has the primary responsibility for organizing and teaching a training course.

DHS 163.03(94) (94) “Property owner” means a person who has both equitable title and legal possession of a dwelling, child-occupied facility, premises, registered lead-free property or registered lead-safe property.

DHS 163.03(95) (95) “Real property” means the land, buildings and improvements, and all contiguous property under the same ownership.

DHS 163.03(96) (96) “Recognized laboratory” means an environmental laboratory accepted by the department as being capable of performing an analysis for lead compounds in paint, soil and dust based on its accreditation by the national lead laboratory accreditation program (NLLAP) or an equivalent accreditation approved by the department.

DHS 163.03 Note Note: A list of recognized laboratories is available at http://epa.gov/sites/production/files/2018-06/documents/nllap.pdf.

DHS 163.03(96m) (96m) “Recognized test kit” means a commercially available kit recognized by the EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1 milligram per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.

DHS 163.03(98) (98) “Registered lead-free property” means those portions of real property that were included in a lead-free inspection and are described as covered property on a current, valid certificate of lead-free status issued under this chapter and registered with the department.

DHS 163.03(99) (99) “Registered lead-safe property” means those portions of real property that were included in a lead-safe investigation and are described as covered property on a current, valid certificate of lead-safe status issued under this chapter and registered with the department.

DHS 163.03(100) (100) “Regulated activity” means an activity to which work practice standards apply or for which accreditation, approval, training or certification is required under this chapter.

DHS 163.03(100m) (100m) “Renovation” means a work activity that disturbs paint in or on target housing or a child-occupied facility. Renovation includes cutting, drilling, planing, sanding, sawing, scraping, stripping or removing painted surfaces or components during demolition, interim controls, maintenance, modification, painting, rehabilitation, remodeling, repair, residing, roofing or restoration activities. Renovation does not include abatement activities as defined under s. DHS 163.03 (1), minor repair and maintenance activities as defined under s. DHS 163.03 (85m), or the razing of an entire building.

DHS 163.03(101) (101) “Replacement” means a strategy of abatement that entails removing building components that have surfaces coated with lead-based paint and installing new components free of lead-based paint.

DHS 163.03(102) (102) “Risk assessment” means an on-site investigation of paint, dust, water or other environmental media to determine the existence, nature, severity and location of lead hazards.

DHS 163.03(102m) (102m) “Room equivalent” means an identifiable part of a residence, such as a room, a house exterior, a foyer, a staircase within a housing unit, a hallway within a housing unit, or an exterior area (exterior areas contain items such as play areas, painted swing sets, painted sandboxes, etc.). Closets or other similar areas adjoining rooms should not be considered as separate room equivalents unless they are obviously dissimilar from the adjoining room equivalent.

DHS 163.03(103) (103) “Soil-lead” means bare soil that contains lead.

DHS 163.03(104) (104) “Soil-lead hazard” means bare soil containing lead equal to or exceeding the applicable level under s. DHS 163.15 (2).

DHS 163.03(105) (105) “Substrate” means a surface on which paint, varnish or other coating has been or may be applied.

DHS 163.03(106) (106) “Target housing” means a dwelling constructed prior to 1978, except for any of the following:

DHS 163.03(106)(a) (a) A dwelling for the elderly or persons with disabilities unless a child under 6 years of age resides or is expected to reside in the dwelling.

DHS 163.03(106)(b) (b) A dwelling in which the living area is not separated from the sleeping area.

DHS 163.03(107) (107) “Tenancy” means occupancy, or a right to present occupancy under a rental agreement, and includes periodic tenancies and tenancies at will. The term does not include the occupancy of a dwelling unit without consent of the property owner after expiration of a lease or termination of tenancy under ch. 704, Stats.

DHS 163.03(107m) (107m) “Testing combination” means a unique combination of room equivalent, building component type, and substrate.

DHS 163.03(108) (108) “Training diploma” means a document meeting the requirements of s. DHS 163.20 (9), issued by a training manager to an individual as evidence the individual has successfully completed the course specified in the document.

DHS 163.03(109) (109) “Training hour” means 50 minutes of actual instruction, which shall include time devoted to learning activities, including lecture, small group activities, demonstrations, evaluations or hands-on activities.

DHS 163.03(110) (110) “Training manager” means an owner of a training course or an employee of a training provider who is authorized to act on behalf of the owner.

DHS 163.03(111) (111) “Training provider” means any person, including any individual, partnership, corporation, institution, organization, state agency or local government agency, who provides or offers to provide a training course accredited under this chapter.

DHS 163.03(112) (112) “Unkeyed plaster” means plaster whose mechanical bond with the supporting structure is broken and has not been repaired, causing the plaster to become loose or bowed.

DHS 163.03(114) (114) “Visual inspection” means:

DHS 163.03(114)(a) (a) For clearance, visual examination following an activity that disturbs lead-based paint to determine whether or not the cleanup has been successfully completed, as indicated by the absence of visible residue, dust and debris, and that scheduled work has been completed.

DHS 163.03(114)(am) (am) For cleaning verification, visual examination following a renovation activity to determine whether scheduled work and clean up have been successfully completed, as indicated by the absence of visible residue, dust and debris.

DHS 163.03(114)(b) (b) For risk assessment, visual examination to determine the existence of lead-based paint hazards or other potential sources of lead hazards.

DHS 163.03(114)(c) (c) For conditions for maintaining a certificate of lead-safe status, visual examination to determine the existence of deteriorated lead-based paint, failure of an enclosure, encapsulant or covering, or the presence of other potential lead-based paint hazards.

DHS 163.03(114g) (114g) “Wet disposable cleaning cloth” means a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

DHS 163.03(114r) (114r) “Wet mopping system” means a device with the following characteristics: a long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor; or a method of equivalent efficacy.

DHS 163.03(115) (115) “Wet sanding” or “wet scraping” means a process of removing loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust.

DHS 163.03(116) (116) “Window system” means all components associated with the operation or decoration of a window, including the framing, casing, lower and upper sash, jamb, parting bead, inside stop, outside stop, channel guide or track, interior sill or stool, trough or well, exterior sill, apron, storm window, screen window, muntin, mullion and window trim.

DHS 163.03(117) (117) “Window trough” or “window well” means the portion of the windowsill between the interior windowsill or stool and the frame of the storm window. If there is no storm window, the window trough is the area that would receive upper and lower sashes if they were lowered.

DHS 163.03(118) (118) “Working day” means any day except Saturday, Sunday and holidays designated in s. 230.35 (4) (a), Stats., and federal holidays.

DHS 163.03(119) (119) “XRF” means a portable instrument, analyzer or device used to determine lead concentration in milligrams per square centimeter using the principle of x-ray fluorescence.

DHS 163.03 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (23) and (51) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; EmR0928: emerg. am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83), eff. 10-16-09; CR 09-085: am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83) Register March 2010 No. 651, eff. 4-1-10; correction in (51) made under s. 13.92 (4) (b) 7., Stats., Register August 2020 No. 776; CR 19-110: cr. (13) (d), am. (35), (41), (61), (63), (66), (74), (76), r. (82), cr. (88r), (91m), am. (96m), r. (97), cr. (102m), (107m), am. (108), (109), r. (113) Register June 2021 No. 786, eff. 7-1-21; correction in (74) made under s. 35.17, Stats., Register June 2021 No. 786; CR 23-046: am. (61) Register April 2024 No. 820, eff. 5-1-24.

subch. II of ch. DHS 163 Subchapter II — Certification of Persons to Perform Lead-Safe Renovation, Lead Hazard Reduction, or Lead Investigation Activities

DHS 163.10 DHS 163.10 Certification of an individual.

DHS 163.10(1) (1) Requirement. Except as provided under pars. (d) and (e), an individual shall follow work practice requirements and meet all other responsibilities under this chapter and, except as provided under pars. (c), (d), and (e), shall also be certified by the department under this subchapter and shall be associated with a certified lead company through ownership, employment or contract to do any of the following:

DHS 163.10(1)(a) (a) Perform, supervise or offer to perform or supervise a lead abatement activity or lead investigation activity involving one of the following:

DHS 163.10(1)(a)1. 1. A child-occupied facility or the real property on which the child-occupied facility stands.

DHS 163.10(1)(a)2. 2. Target housing or the real property on which the target housing stands when one of the following applies:

DHS 163.10(1)(a)2.a. a. The individual performing the work does not own the target housing or real property.

DHS 163.10(1)(a)2.b. b. An individual other than the property owner or the property owner’s immediate family rents or occupies the target housing or real property.

DHS 163.10(1)(a)2.c. c. A child residing in the target housing has been identified as having an elevated blood lead level.

DHS 163.10(1)(b) (b) Perform or supervise a lead hazard reduction activity when certification is required under an order issued by a court, the department, another state agency or a local agency, under a contract, or as a condition for payment of services.

DHS 163.10(1)(bm) (bm) Perform, supervise or offer to perform or supervise a renovation activity for compensation in target housing or a child-occupied facility.

DHS 163.10(1)(c) (c) A person is not required to be certified by the department under par. (bm), but is subject to all work practice requirements and other responsibilities under this chapter when any one of the following applies:

DHS 163.10(1)(c)1. 1. All regulated activities are within the scope of a license, certification or registration issued by the department of safety and professional services under s. 101.178, Stats., or ch. 145, Stats., and the individual performing the regulated activities has completed lead-safe renovation training under s. DHS 163.11 (2) (c) as evidenced by possession of a current and valid course completion certificate at the worksite whenever performing regulated work.

DHS 163.10 Note Note: Section 101.178, Stats., relates to department of safety and professional services certification of heating, ventilating and air conditioning installers and servicers. Chapter 145, Stats., relates to department of safety and professional services licensure of master plumbers and journeyman plumbers, registration of apprentice plumbers, licensure of automatic fire sprinkler system installers, registration of automatic fire sprinkler system apprentices, and registration of automatic fire sprinkler fitters for maintaining an existing automatic fire sprinkler system.

DHS 163.10(1)(c)2. 2. The individual conducting the renovation activity has been trained by a certified lead-safe renovator under s. DHS 163.13 (7) on the lead-safe work practices to be used to perform assigned tasks and is under the supervision of a certified lead-safe renovator during the renovation activity as required under s. DHS 163.14 (11) (c).

DHS 163.10(1)(d) (d) A person is not required to be certified under par. (bm), and is not subject to other provisions under this chapter, when any one of the following applies:

DHS 163.10(1)(d)1. 1. The paint involved in the renovation activity has been tested by a person certified as a lead inspector, hazard investigator or risk assessor, who has determined that the paint does not meet the definition of lead-based paint under s. DHS 163.03 (61).

DHS 163.10(1)(d)2. 2. The paint to be involved in the renovation activity has been tested by a certified lead-safe renovator using a recognized test kit, as defined under s. DHS 163.03 (96m), and following the kit manufacturer’s instructions, who has determined that the paint does not meet the definition of lead-based paint under s. DHS 163.03 (61).

DHS 163.10(1)(d)3. 3. The work is a minor repair and maintenance activity.

DHS 163.10(1)(d)4. 4. The work involves replacing only broken panes of glass in a window and no painted surface is disturbed.

DHS 163.10(1)(d)5. 5. The work is a renovation activity that is not performed for compensation and no other conditions requiring certification exist.

DHS 163.10 Note Note: For the requirement that a company be certified to perform, supervise or offer to perform or supervise a lead abatement investigation, or renovation activity, see s. DHS 163.12.

DHS 163.10(1)(d)6. 6. The work is a renovation activity performed by the homeowner in the homeowner’s owner-occupied unit and no other dwelling unit or common area is affected.

DHS 163.10(1)(e) (e) When performing a partial lead inspection a person is not required to be certified under par. (a), and is not subject to other provisions under this chapter, if the presence of lead-bearing paint or a lead hazard is assumed and a renovation of a dwelling, unit of a dwelling, or premises is performed in a lead-safe manner. The person who performs a partial lead inspection under this subsection shall disclose, in writing, to the owner or lessor of the dwelling or premises before performing the partial lead inspection that the partial lead inspection being conducted is not a regulated activity and may not be used to declare the structure free of lead-based paint.

DHS 163.10(2) (2) Disciplines. Certification of individuals shall be specific to one of the following lead hazard reduction, lead investigation, or renovation disciplines:

DHS 163.10(2)(a) (a) Lead hazard reduction disciplines.

DHS 163.10(2)(a)1. 1. ‘Lead abatement worker.’ A certified lead abatement worker may perform any abatement activity, but must be supervised under s. DHS 163.14 (1) (c) when performing abatement. A lead abatement worker may not prepare an occupant protection plan for abatement, prepare an abatement report, conduct sampling for abatement or supervise abatement activities. A certified lead abatement worker who completes a lead-safe renovation initial or refresher course, or a lead abatement worker refresher course after October 19, 2009, is also qualified to conduct renovation activities.

DHS 163.10(2)(a)2. 2. ‘Lead abatement supervisor.’ A certified lead abatement supervisor may develop occupant protection plans, write abatement reports, and supervise or perform lead abatement activities. A certified lead abatement supervisor may take dust wipe samples before clearance is conducted to determine if cleanup is complete, but this activity does not meet the criteria for sampling under s. 901.055, Stats., or for clearance. A certified lead abatement supervisor who completes a lead-safe renovation initial or refresher course, or a lead abatement supervisor refresher course on or after October 19, 2009, is also qualified to conduct renovation activities.

DHS 163.10(2)(a)3. 3. ‘Lead project designer.’ A certified lead project designer may design lead hazard reduction projects, develop occupant protection plans and write abatement reports. A certified lead project designer may not perform or supervise abatement or non-abatement lead-based paint activities without certification in an appropriate lead hazard reduction discipline.

DHS 163.10(2)(b) (b) Lead investigation disciplines.

DHS 163.10(2)(b)1. 1. ‘Lead sampling technician.’ When no abatement activity was performed, a certified lead sampling technician may conduct clearance following a renovation activity involving target housing or a child-occupied facility. A certified lead sampling technician may take dust wipe samples, and may take paint chip and soil samples when directly assisting a certified lead investigator, inspector or risk assessor to conduct other lead investigation activities. A certified lead sampling technician may not use an XRF, conduct clearance after an abatement activity or provide recommendations for reducing a lead hazard.

DHS 163.10(2)(b)2. 2. ‘Lead inspector.’ A certified lead inspector may conduct any clearance, lead-free inspection or inspection activity, and may use an XRF. A certified lead inspector may assist a certified lead hazard investigator or risk assessor to conduct other lead investigation activities, but may not identify hazards or provide recommendations for reducing a lead hazard.

DHS 163.10(2)(b)3. 3. ‘Lead hazard investigator.’ A certified lead hazard investigator may conduct any clearance, elevated blood-lead investigation, lead hazard screen, lead-safe investigation or risk assessment activity. A certified lead hazard investigator may assist a certified lead inspector or risk assessor to conduct a lead inspection, partial lead inspection, or lead-free inspection, but may not use an XRF.

DHS 163.10(2)(b)4. 4. ‘Lead risk assessor.’ A certified lead risk assessor may conduct any lead investigation activity, including clearance, lead-free inspection, lead inspection, partial lead inspection, elevated blood-lead investigation, lead hazard screen, lead-safe investigation and risk assessment activities, and may use an XRF.

DHS 163.10(2)(c) (c) Lead-safe renovator discipline. A certified lead-safe renovator may supervise or perform renovation activities, provide training on lead-safe work practices to uncertified workers, provide pre-renovation education materials to occupants and owners, conduct pre-renovation component testing using a recognized test kit, and conduct post-renovation cleaning verification.

DHS 163.10(3) (3) Conditions for initial certification.

DHS 163.10(3)(a) (a) Summary.

DHS 163.10(3)(a)1. 1. An applicant shall use this subsection and subs. (4) to (7) to apply for certification in a lead hazard reduction, lead investigation, or renovation discipline for the first time or after certification in the discipline has lapsed for 12 months or more.

DHS 163.10(3)(a)2. 2. An individual applying for initial certification in any discipline identified under sub. (2) shall be 18 years of age or older, shall meet applicable education and experience qualifications under par. (b), shall successfully complete certification training requirements under s. DHS 163.11 and, to be certified as a lead abatement supervisor, hazard investigator, inspector, or risk assessor, shall pass a certification examination under par. (c).

DHS 163.10(3)(a)3. 3. Before certification as a lead inspector or lead risk assessor may be granted, an individual applying for certification as a lead inspector or risk assessor shall have completed XRF manufacturer’s training under par. (d).

DHS 163.10(3)(a)4. 4. To apply for certification under subds. 1. to 3., the applicant shall submit to the department an application under sub. (5) and include the applicable fee.