Chapter DHS 163

DHS 163.10(3)(b) (b) Education and experience.

DHS 163.10(3)(b)1. 1. ‘Requirement.’ An applicant for initial certification as a lead abatement supervisor, hazard investigator, project designer or risk assessor shall meet the applicable education and experience qualifications in this paragraph in addition to the certification training requirements under s. DHS 163.11.

DHS 163.10(3)(b)2. 2. ‘Abatement supervisor.’ An applicant for lead abatement supervisor certification shall meet or exceed one of the following:

DHS 163.10(3)(b)2.a. a. Have one year of experience as a certified lead worker or lead abatement supervisor.

DHS 163.10(3)(b)2.b. b. Have 2 years of experience in a related field, such as lead, asbestos or environmental remediation work, building maintenance or construction.

DHS 163.10(3)(b)3. 3. ‘Hazard investigator or risk assessor.’ An applicant for lead risk assessor or lead hazard investigator certification shall meet one of the following:

DHS 163.10(3)(b)3.a. a. Have a bachelor’s degree and one year of experience in a related field, such as lead, asbestos, environmental remediation work or construction.

DHS 163.10(3)(b)3.b. b. Have an associate’s degree and 2 years of experience in a related field, such as lead, asbestos, environmental remediation work or construction.

DHS 163.10(3)(b)3.c. c. Have a high school diploma or equivalent and 3 years of experience in a related field, such as lead, asbestos, environmental remediation work or construction.

DHS 163.10(3)(b)3.d. d. Hold professional certification as an industrial hygienist, professional engineer or registered architect or in a related professional engineering, health or environmental field, such as safety professional or environmental scientist.

DHS 163.10(3)(b)3.e. e. Be a registered nurse or registered sanitarian and be employed by a health department that provides oversight of the individual’s activities.

DHS 163.10(3)(b)4. 4. ‘Project designer.’ An applicant for lead project designer certification shall meet one of the following:

DHS 163.10(3)(b)4.a. a. Have a bachelor’s degree in engineering, architecture or a profession related to building construction and design and have one year experience in building construction and design or a field related to construction and design.

DHS 163.10(3)(b)4.b. b. Have 4 years of experience in building construction and design or a field related to construction and design.

DHS 163.10(3)(c) (c) Certification examination for lead hazard investigators, inspectors, risk assessors, and abatement supervisors.

DHS 163.10(3)(c)1. 1. ‘Examination requirement.’ To be certified, an applicant for initial certification as a lead abatement supervisor, hazard investigator, inspector, or risk assessor shall pass a certification examination administered by the department or by a person authorized by the department to administer the certification examination under the department’s direction or with the department’s approval.

DHS 163.10(3)(c)2. 2. ‘Timing of certification examination.’ An applicant for initial certification to whom the department granted interim certification under sub. (6) (b) shall take the next available certification examination offered at a reasonably accessible location, as determined by the department. The applicant with interim certification may take the certification examination a maximum of 3 times within 6 months after completing an approved training course for the discipline under s. DHS 163.11. If an applicant does not pass the certification examination and become certified by the department after up to 3 attempts within this 6-month period, the department may revoke the interim certification and shall deny initial certification. The individual will not be eligible to re-apply for a period of 12 months from the date of denial. The individual shall retake the initial training course before reapplying for initial certification in the same discipline.

DHS 163.10(3)(c)3. 3. ‘Certification examination registration.’ To register for a certification examination, an applicant shall submit to the department a completed application for certification under sub. (5) with the appropriate fees under sub. (5) (g).

DHS 163.10(3)(c)4. 4. ‘Rescheduling a certification examination.’ If unable to take the certification examination at the time or date scheduled by the department, the applicant may reschedule the certification examination for another time or date without payment of an additional fee if the applicant requests the change not less than one working day prior to the scheduled certification examination. The certification examination fee is not refundable.

DHS 163.10(3)(d) (d) XRF manufacturer’s training for lead inspectors or risk assessors.

DHS 163.10(3)(d)1. 1. ‘Requirement for training.’ For certification as a lead inspector or risk assessor, an individual shall complete manufacturer’s training meeting the requirements under ch. DHS 157 for at least one make and model of XRF that the individual will be using and shall submit a completion certificate for the training before certification as a lead inspector or risk assessor may be issued. Documentation of any other training completed to operate other makes or models of XRF shall be retained by the applicant and submitted upon request by the department.

DHS 163.10(3)(d)2. 2. ‘Certification pending training.’ Pending completion of XRF manufacturer’s training to use an XRF, an applicant for lead inspector certification who meets all other qualifications shall be issued certification as a lead sampling technician, and an applicant for lead risk assessor certification who meets all other qualifications shall be issued certification as a lead hazard investigator.

DHS 163.10(4) (4) Submission of documentation. If an applicant submits a photocopy rather than an original document, the department may require the copy to be signed by a notary public as a true copy of the original before submitting the copy to the department.

DHS 163.10(5) (5) Application for initial certification. An individual applying for initial certification shall submit all of the following to the department:

DHS 163.10(5)(a) (a) Application form. A complete application signed by the applicant on a form obtained from the department.

DHS 163.10 Note Note: Under ss. 250.041 and 254.115, Stats., the social security number is required but will not be made available to the public.

DHS 163.10(5)(b) (b) Photograph. Except when a photograph was submitted to the department by a training provider after the applicant completed a required course, a clearly identifiable color photograph of the applicant, taken within the previous 24 months in the format specified by the department.

DHS 163.10(5)(c) (c) Photo identification. An individual who has not completed a course accredited by the department shall provide a clear copy of an official photo identification with date of birth, such as a state-issued identification, driver’s license, or passport.

DHS 163.10(5)(d) (d) Documentation of training. All previous required training diplomas or other documentation for required training under s. DHS 163.11. In addition, the department may ask the training provider or another certification program to verify training was completed as documented.

DHS 163.10(5)(e) (e) Documentation of education and experience. Except as provided under par. (f), for certification as a lead abatement supervisor, hazard investigator, project designer or risk assessor, an affidavit of education and experience required under sub. (3) (b) on a form obtained from the department. The applicant shall also be prepared to submit one or more of the following forms of documentation if requested by the department:

DHS 163.10(5)(e)1. 1. ‘Education.’ For documentation of education, an official transcript or diploma.

DHS 163.10(5)(e)2. 2. ‘Experience.’ For documentation of experience, information describing the relevant experience, which shall include the month and year the experience began and the month and year the experience ended or a statement that experience is ongoing, and which may include one or more of the following:

DHS 163.10(5)(e)2.a. a. A resume describing the relevant experience.

DHS 163.10(5)(e)2.b. b. A letter describing the tasks performed by the individual and signed by the employer where the experience was obtained.

DHS 163.10(5)(e)2.c. c. Letters of reference from individuals with knowledge of the applicant’s experience.

DHS 163.10(5)(e)2.d. d. Copies of inspection reports prepared by the applicant.

DHS 163.10(5)(e)2.e. e. Copies of certifications issued by other jurisdictions that allowed the individual to perform related work.

DHS 163.10(5)(e)3. 3. ‘Other professional certification.’ For documentation of other professional certification, a copy of the certification.

DHS 163.10(5)(f) (f) Other documentation. An applicant requesting certification based on current certification issued by EPA or another EPA-authorized state or tribal program shall submit a copy of their current certification issued by EPA or an EPA-authorized state or tribe, notarized as a true copy of the original document.

DHS 163.10(5)(g) (g) Fees.

DHS 163.10(5)(g)1. 1. ‘Initial certification fee.’ A written request for a government certification fee exemption under subd. 1. h. or a nonrefundable initial certification fee as follows:

DHS 163.10(5)(g)1.a. a. For certification as a lead abatement supervisor, a fee of $275.

DHS 163.10(5)(g)1.b. b. For certification as a lead abatement worker, a fee of $100.

DHS 163.10(5)(g)1.c. c. For certification as a lead hazard investigator, a fee of $325.

DHS 163.10(5)(g)1.d. d. For certification as a lead inspector, a fee of $325.

DHS 163.10(5)(g)1.e. e. For certification as a lead project designer, a fee of $375.

DHS 163.10(5)(g)1.f. f. For certification as a lead risk assessor, a fee of $375.

DHS 163.10(5)(g)1.g. g. For certification as a lead sampling technician, a fee of $75.

DHS 163.10(5)(g)1.gm. gm. For certification as a lead-safe renovator, a fee of $75.

DHS 163.10(5)(g)1.h. h. To request a government certification fee exemption, the applicant shall submit a letter from the employing government agency that verifies employment and need for certification.

DHS 163.10(5)(g)2. 2. ‘Certification examination fee.’ For lead abatement supervisor, hazard investigator, inspector or risk assessor initial certification, a nonrefundable certification examination registration of $75.

DHS 163.10(5)(g)3. 3. ‘Replacement card fee.’ If a certification card is lost, stolen or damaged, the individual who was issued the card may request the department to issue a replacement card and shall include with any request a fee of $25.

DHS 163.10(5)(g)4. 4. ‘Other fees.’ The department may assess other fees as necessary to cover costs of administering this chapter, such as walk-in service.

DHS 163.10 Note Note: Applications are available on the department website at http://dhs.wi.gov/lead. To request a form by mail, call 608-261-6878 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445.

DHS 163.10 Note Note: Submit application and fee according to form instructions. To pay by credit or debit card, or electronic check, apply online at http://dhs.wi.gov/lead.

DHS 163.10(6) (6) Action by the department.

DHS 163.10(6)(a) (a) Time limit. Within 15 working days after receipt of a fully and accurately completed certification application, as specified in sub. (5), the department shall grant or deny certification.

DHS 163.10(6)(am) (am) Provisional certification. The training diploma shall serve as a temporary certification for persons who have submitted a fully and accurately completed certification application, as specified in sub. (5), until the certification card from the department has been issued.

DHS 163.10(6)(b) (b) Grant interim certification. The department may grant interim certification to an individual who applies for lead abatement supervisor, hazard investigator, inspector, or risk assessor certification and is registered for the certification examination for the discipline. Subsection (3) (d) 2. also applies to lead inspector and risk assessor applicants. When interim certification is granted, the department shall issue an interim certification card for the discipline under sub. (2).

DHS 163.10 Note Note: When interim certification is granted, the department will also register the applicant for a certification examination and send the applicant information regarding the scheduled certification examination.

DHS 163.10(6)(c) (c) Grant initial certification.

DHS 163.10(6)(c)1. 1. ‘Upon application.’ If an individual applies for certification and meets all of the conditions for initial certification under sub. (3), the department may grant initial certification. When certification is granted, the department shall issue a certification card for the discipline under sub. (2).

DHS 163.10(6)(c)2. 2. ‘Upon passing certification examination.’ When an individual with interim certification passes the certification examination for the discipline, the department shall change the individual’s certification from interim to initial and shall issue a revised certification card for the balance of the certification term.

DHS 163.10(6)(d) (d) Deny certification. If certification is denied, the department shall give the applicant a written explanation for the denial and shall notify the applicant of the right to appeal that decision under s. DHS 163.33.

DHS 163.10(7) (7) Length of interim and initial certification.

DHS 163.10(7)(a) (a) Interim certification. Interim certification shall remain valid for a maximum of 6 months after the completion date of the most recent training course for the discipline under s. DHS 163.11.

DHS 163.10(7)(b) (b) Initial certification. Initial certification shall remain valid for 2 years after the completion date of the most recent training required under s. DHS 163.11.

DHS 163.10(8) (8) Recertification of an individual.

DHS 163.10(8)(a) (a) Requirement. No individual certified under this subchapter may perform an activity for which certification is required after the expiration date on that individual’s certification card until the individual is recertified by the department. An individual shall use this subsection to apply for recertification before certification expires or within 12 months after certification expires.

DHS 163.10 Note Note: If 12 months or more have passed since a certification expired, the applicant must apply for initial certification under subs. (3) to (7).

DHS 163.10(8)(b) (b) Conditions. To recertify, the individual shall:

DHS 163.10(8)(b)1. 1. Be in compliance with all requirements of this chapter.

DHS 163.10(8)(b)2. 2. Be current with the certification training requirements under s. DHS 163.11.

DHS 163.10(8)(b)3. 3. Submit an application for recertification to the department under par. (c).

DHS 163.10(8)(c) (c) Application. An applicant for recertification shall submit all of the following to the department:

DHS 163.10(8)(c)1. 1. ‘Application form.’ A completed application signed by the applicant on a form obtained from the department.

DHS 163.10(8)(c)2. 2. ‘Photograph.’ Except when a photograph was submitted to the department by a training provider after the applicant completed a required course, a recent, clearly identifiable color photograph of the applicant, taken within the previous 24 months in the format specified by the department.

DHS 163.10(8)(c)3. 3. ‘Training diplomas.’ Except when training information was submitted to the department by a training provider after the applicant completed a required course, a copy of any training diploma that was not previously submitted for training required under s. DHS 163.11.

DHS 163.10(8)(c)4. 4. ‘Recertification fee.’ A written request for a government certification fee exemption under subd. 4. gm. or a nonrefundable recertification fee as follows:

DHS 163.10(8)(c)4.a. a. For recertification as a lead abatement supervisor, a fee of $275.

DHS 163.10(8)(c)4.b. b. For recertification as a lead abatement worker, a fee of $100.

DHS 163.10(8)(c)4.c. c. For recertification as a lead hazard investigator, a fee of $325.

DHS 163.10(8)(c)4.d. d. For recertification as a lead inspector, a fee of $325.

DHS 163.10(8)(c)4.e. e. For recertification as a lead project designer, a fee of $375.

DHS 163.10(8)(c)4.f. f. For recertification as a lead risk assessor, a fee of $375.

DHS 163.10(8)(c)4.g. g. For recertification as a lead sampling technician, a fee of $75.

DHS 163.10(8)(c)4.gm. gm. For recertification as a lead-safe renovator, a fee of $75.

DHS 163.10(8)(c)4.h. h. To qualify for government certification fee exemption upon recertification, the applicant shall verify current government employment and need for certification.

DHS 163.10(8)(c)5. 5. ‘Certification examination registration.’ If required under par. (b) 4. to take a certification examination, the applicant for recertification shall submit a certification examination registration form and a registration fee of $50.