Chapter DHS 163

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.

DHS 163.10 Note Note: Section DHS 163.10 (8) b. 4., which required certification examinations for recertification in limited circumstances, was repealed by CR 19-110. Section DHS 163.10 (8) (c) 5. will be repealed in future rulemaking by the department.

DHS 163.10(8)(c)6. 6. ‘Other fees.’ The department may assess other fees as necessary to cover costs of administering this chapter.

DHS 163.10 Note Note: Applications are available on the department website at http://dhs.wi.gov/lead. To request forms by mail, call 608-261-6876 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(8)(d) (d) Action by the department.

DHS 163.10(8)(d)1. 1. Within 15 working days after receipt of a fully and accurately completed application for recertification, the department shall grant or deny recertification.

DHS 163.10(8)(d)2. 2. If an individual applies for recertification and meets the conditions for recertification under par. (b), the department may grant recertification. When recertification is granted, the department shall issue or arrange for the issuance of a certification card for the appropriate specific discipline under sub. (2).

DHS 163.10(8)(d)3. 3. If recertification 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(8)(e) (e) Length of recertification.

DHS 163.10(8)(e)1. 1. When the department recertifies an individual, the department shall extend the certification of the individual for 2 years from the expiration date.

DHS 163.10(8)(e)2. 2. A person who is currently certified, whose last certification was for one year, and whose next training due date is one year after the current certification expiration date, will be eligible to apply for a one-time one-year recertification that shall expire on the same date as the next training due date. The certification fee for this one-time one-year certification will be one-half the current 2-year certification fee.

DHS 163.10 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; correction in (3) (d) 1. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; EmR0928: emerg. am. (1) (intro.), (b), (c) (intro.), 1., (2) (intro.), (a) 1., 2., (b) 1., (3) (a) 1., (c) 2. a., (5) (f) 2., (7) (b) 2. (intro.), (8) (b) 3., (c) 4. (intro.) and (e), cr. (1) (bm), (d) (intro.), 2. to 5., (2) (c), (5) (g) 1. gm. and (8) (c) 4. gm., r. and recr. (1) (c) 2., renum. (1) (c) 3. to be (1) (d) 1. and am., r. (7) (b) 2. a. and b., eff. 10-16-09; CR 09-085: am. (1) (intro.), (b), (c) (intro.), 1., (2) (intro.), (a) 1., 2., (b) 1., (3) (a) 1., (c) 2. a., (5) (f) 2., (7) (b) 2. (intro.), (8) (b) 3., (c) 4. (intro.) and (e), cr. (1) (bm), (d) (intro.), 2. to 6., (e), (2) (c), (5) (g) 1. gm. and (8) (c) 4. gm., r. and recr. (1) (c) 2., renum. (1) (c) 3. to be (1) (d) 1. and am., r. (7) (b) 2. a. and b. Register March 2010 No. 651, eff. 4-1-10; correction in (1) (c) 1. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 19-110: am. (1) (intro.), (bm), (d) 2., r. and recr. (1) (e), am. (2) (b) 3., 4., (c), r. and recr. (3) (c) 1. to 3., am. (4), (5) (a), (b), r. and recr. (5) (c), am. (5) (d), r. and recr. (5) (f), am. (5) (g) 1. a. to h., 2., 3., (6) (a), cr. (6) (am), am. (6) (b), (c) 1., 2., r. and recr. (7) (b), am. (8) (a), (b) (intro.), r. (8) (b) 4., am. (8) (c) 1. to 3., 4. a. to gm., r. and recr. (8) (c) 4. h., am. (8) (d) 1., r. and recr. (8) (e) 1., 2. Register June 2021 No. 786, eff. 7-1-21; correction in (5) (g) 1. a., (6) (b), (8) (c) 4. a. made under s. 35.17, Stats., and correction in (6) (am) made under s. 13.92 (4) (b) 12., Stats., Register June 2021 No. 786.

DHS 163.11 DHS 163.11 Certification training requirements. To be certified under this chapter as a lead abatement supervisor, abatement worker, hazard investigator, inspector, project designer, risk assessor, sampling technician or lead-safe renovator, an individual shall meet all of the following minimum training requirements:

DHS 163.11(1) (1) Approved training. Each training course the individual completes for purposes of certification or recertification shall be any of the following:

DHS 163.11(1)(a) (a) Accredited by the department under this chapter.

DHS 163.11(1)(b) (b) Accredited by EPA or an EPA-authorized state or tribal lead training and certification program if the department determines the course is comparable to a course or courses under s. DHS 163.20 (8) and the course was completed in another state where the accrediting program has authority.

DHS 163.11(1)(e) (e) A course approved by the department under s. DHS 163.02 (2).

DHS 163.11(2) (2) Requirement for initial training.

DHS 163.11(2)(a) (a) Lead hazard reduction training. For certification to perform lead hazard reduction activities, an individual shall have successfully completed one or more department-approved initial training courses as follows:

DHS 163.11(2)(a)1. 1. ‘Lead abatement worker.’ For certification as a lead abatement worker, an initial 1-day lead-safe renovation course followed by an initial 1-day lead abatement work course.

DHS 163.11(2)(a)2. 2. ‘Lead abatement supervisor.’ For certification as a lead abatement supervisor, lead abatement worker training under subd. 1. followed by an initial 2-day lead abatement supervision course.

DHS 163.11(2)(a)3. 3. ‘Lead project designer.’ For certification as a lead project designer, lead abatement supervisor training under subd. 2. followed by an initial 1-day lead project designer course.

DHS 163.11(2)(b) (b) Lead investigation training. For certification to perform lead investigation activities, an individual shall have successfully completed one or more department-approved initial training courses as follows:

DHS 163.11(2)(b)1. 1. ‘Lead sampling technician.’ For certification as a lead sampling technician, an initial 1-day lead sampling course.

DHS 163.11(2)(b)2. 2. ‘Lead inspector.’ For certification as a lead inspector, an initial 1-day lead sampling course followed by an initial 2-day lead inspection course.

DHS 163.11(2)(b)3. 3. ‘Lead hazard investigator.’ For certification as a lead hazard investigator, an initial 1-day lead sampling course followed by an initial 2-day lead hazard investigation course.