Chapter DHS 163

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)(a) (a) A facility licensed or certified to provide day care services.

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 Note Note: 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 Note Note: For additional information on appropriate containment, refer to the current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available at http://hud.gov/program_offices/healthy_homes/lbp/hudguidelines.

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 Note Note: 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 Note Note: 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.

DHS 163.03(33) (33) “Dust-lead” means dust that contains lead.

DHS 163.03(34) (34) “Dust-lead hazard” means dust that contains a dust-lead loading equal to or exceeding the level under s. DHS 163.15.

DHS 163.03(35) (35) “Dust sample” means a sample of dust collected using a documented methodology, such as a dust wipe sample.

DHS 163.03(36) (36) “Dust wipe sample” means a sample of dust collected using documented protocols by wiping a representative surface of a known area with an acceptable wipe material, such as a moist towelette.

DHS 163.03(37) (37) “Dwelling” means any structure, all or part of which is used or intended to be used for human habitation as a home or residence. A dwelling includes a structure that is being converted to a dwelling or that is intended for human habitation but is currently vacant.

DHS 163.03(38) (38) “Dwelling unit” means that part of a structure that is designed, used or intended to be used for human habitation by one or more persons maintaining a common household.

DHS 163.03(39) (39) “Elevated blood lead investigation” means the environmental investigation activities conducted in response to a report of a lead poisoning and intended to identify lead hazards that may contribute to the lead poisoning.

DHS 163.03(40) (40) “Elevated blood lead level” means a level of lead in blood that is any of the following:

DHS 163.03(40)(a) (a) Twenty or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test.

DHS 163.03(40)(b) (b) Fifteen or more micrograms per 100 milliliters of blood as confirmed by 2 venous blood tests that are performed at least 90 days apart.

DHS 163.03(40m) (40m) “Emergency renovation” means renovation activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment or property with significant damage.

DHS 163.03(41) (41) “Employee” has the meaning given in s. 101.01 (3), Stats.

DHS 163.03(42) (42) “Encapsulant” means a covering or coating that forms a barrier between lead-based paint and the environment using an adhesively bonded covering material or a liquid-applied coating, with or without reinforcement materials.

DHS 163.03(43) (43) “Encapsulation” means the process of creating a barrier between lead-based paint and the environment by the application of an encapsulant.

DHS 163.03(44) (44) “Enclosure” means the use of rigid, durable materials that are mechanically fastened to the substrate, component or building structure, with all edges, joints and seams sealed in order to act as a dust-tight barrier between lead-based paint and the environment.

DHS 163.03(45) (45) “EPA” means the U.S. environmental protection agency.

DHS 163.03(46) (46) “Friction surface” means an interior or exterior surface that is subject to repeated abrasion or friction during use, including certain surfaces of windows, doors, floors and stairs.

DHS 163.03(47) (47) “Full accreditation” means an approval status granted by the department to a training course for a specific discipline subsequent to contingent accreditation, which is granted on the basis of an on-site accreditation audit finding of compliance with this chapter.

DHS 163.03(49) (49) “Guest instructor” means an individual who teaches under the direct supervision of a principal instructor or assists the principal instructor with hands-on activities or work practice components of a course.

DHS 163.03(50) (50) “Hands-on skills assessment” means an evaluation of a trainee’s ability to satisfactorily perform hands-on skills taught in a training course.

DHS 163.03(51) (51) “Hazardous waste” means a solid waste that fits the definition of hazardous waste in s. NR 661.0003 and that is not excluded by the provisions of s. NR 661.0004.

DHS 163.03(52) (52) “HEPA filter” means a high efficiency particulate air filter that captures particles of 0.3 microns or larger at 99.97 percent or greater efficiency.

DHS 163.03(53) (53) “HEPA vacuum” means a vacuum cleaner designed by the manufacturer to have a high-efficiency particulate air (HEPA) filter as the last filtration stage. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.

DHS 163.03(54) (54) “HUD” means the U.S. department of housing and urban development.

DHS 163.03(55) (55) “Immediate family” means any of the following:

DHS 163.03(55)(a) (a) Spouse.

DHS 163.03(55)(b) (b) Children, stepchildren, grandchildren, foster children.

DHS 163.03(55)(c) (c) Parents, stepparents, grandparents, foster parents.

DHS 163.03(55)(d) (d) Sons-in-law or daughters-in-law.

DHS 163.03(55)(e) (e) Brothers and their spouses.

DHS 163.03(55)(f) (f) Sisters and their spouses.

DHS 163.03(55)(g) (g) Aunts and uncles.

DHS 163.03(56) (56) “Impact surface” means an interior or exterior surface that is subject to damage by repeated force, such as doorframes, cabinet frames and walls subject to door actions, and baseboards and stair risers.

DHS 163.03(57) (57) “Initial certification” means the first certification that the department grants an individual for a specific discipline or a certification the department grants after a lapse in certification of 12 months or more.

DHS 163.03(58) (58) “Interim certification” means a temporary status the department may grant to an individual who has applied for and is qualified to take a certification examination but is not yet eligible for initial certification.

DHS 163.03(58m) (58m) “Interim controls” means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management programs.

DHS 163.03(59) (59) “Interior windowsill” or “window stool” means the portion of the horizontal window ledge adjacent to the interior side of the window sash when the window is closed. On older homes, the interior windowsill frequently protrudes into the interior of the room.

DHS 163.03(60) (60) “Lead” means the metallic element known by the symbol “Pb” in the periodic table of chemical elements.

DHS 163.03(61) (61) “Lead-based paint” or “lead-bearing paint” means paint or any other surface coating material containing more than 0.06% lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paint, more than 0.5% lead by weight in the dried film of applied paint, or equal to or more than 1 milligram of lead per square centimeter in the dried film of applied paint.

DHS 163.03(63) (63) “Lead-based paint hazard” means any condition that causes exposure to lead from dust-lead, soil-lead, deteriorated lead-based paint or lead-based paint that is present on friction surfaces, impact surfaces, or surfaces that are chewed or mouthed, as observed or evidenced by teeth marks and would result in adverse human health effects.

DHS 163.03(64) (64) “Lead abatement supervisor” means an individual who supervises or performs lead abatement or other lead hazard reduction activities.

DHS 163.03(65) (65) “Lead abatement worker” means an individual who performs lead abatement or other lead hazard reduction activities.

DHS 163.03(66) (66) “Lead company” means a company, partnership, corporation, sole proprietorship, association, governmental agency or other entity that performs, supervises, advertises, claims to provide or offers to perform or supervise a lead renovation activity, lead hazard reduction activity, lead investigation activity, or lead training activity.

DHS 163.03(67) (67) “Lead exposure” means a level of lead in the blood of 10 or more micrograms per 100 milliliters of blood.

DHS 163.03(68) (68) “Lead-free inspection” means a lead investigation activity conducted to determine whether a dwelling, dwelling unit, child-occupied facility or other premises qualifies for a certificate of lead-free status.

DHS 163.03(69) (69) “Lead hazard” means any substance, surface or object that contains lead and that, due to its condition, location or nature, may contribute to the lead poisoning or lead exposure of a child under 6 years of age.

DHS 163.03(70) (70) “Lead hazard investigator” means an individual who conducts lead hazard screen, risk assessment, lead-safe investigation or clearance activities or provides options to reduce specific lead hazards but does not use an XRF or conduct lead inspections.

DHS 163.03(71) (71) “Lead hazard reduction activity” means any action intended to permanently or temporarily reduce or eliminate human exposure to lead-based paint hazards, including abatement, interim controls, and paint stabilization.

DHS 163.03(72) (72) “Lead hazard reduction discipline” means a job category for which individuals are trained and become certified by the department to conduct specific lead hazard reduction activities. Lead hazard reduction disciplines are lead abatement supervisor, abatement worker and project designer.

DHS 163.03(73) (73) “Lead hazard screen” means a risk assessment activity to determine whether a structure in good condition is free of lead-based paint hazards or should have a full risk assessment. A lead hazard screen involves less paint or dust sampling or testing than in a full risk assessment.

DHS 163.03(74) (74) “Lead inspection” means the on-site sampling or testing of all testing combinations to determine the presence of lead-based paint.

DHS 163.03(75) (75) “Lead inspector” means an individual who conducts a lead-free inspection, or lead inspection and who may also conduct clearance activities.

DHS 163.03(76) (76) “Lead investigation activity” means any activity that determines whether lead-based paint or lead hazards are present. Lead investigation activities include clearance, dust-wipe sampling, elevated blood lead investigation, lead-free inspection, lead inspection, lead hazard screen, lead-safe investigation, paint chip sampling, partial lead inspection, risk assessment, soil sampling, and XRF testing activities.