Chapter DHS 163

DHS 163.12(6)(b) (b) Action by the department.

DHS 163.12(6)(b)1. 1. ‘Time limit.’ Within 15 working days after receipt of a fully and accurately completed application, the department shall grant or deny a company’s request for renewal of certification.

DHS 163.12(6)(b)2. 2. ‘Grant renewal of certification.’ If the department grants a company renewal of certification, the department shall issue a certificate of approval.

DHS 163.12(6)(b)3. 3. ‘Deny renewal of certification.’ If the department denies a company renewal of certification, the department shall give the company a written explanation for the denial and shall notify the company of the right to appeal that decision under s. DHS 163.33.

DHS 163.12(6)(c) (c) Length of company renewal of certification. When the department renews a company certification, the department shall extend the company’s certification 2 years from the date of expiration.

DHS 163.12 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.), eff. 10-16-09; CR 09-085: am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.) Register March 2010 No. 651, eff. 4-1-10; correction in (3) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register March 2010 No. 651; CR 19-110: am. (1) (a), (am), r. (1m), am. (2) (intro.), (b), r. and recr. (2) (d), r. (3) (a) 1. am., am. (3) (a) 1. g., 2. a., (4) (a), (6) (a) 2., (b) 1. Register June 2021 No. 786, eff. 7-1-21; correction in (3) (a) 1. e. made under s. 13.92 (4) (b) 7., Stats., Register June 2021 No. 786.

DHS 163.13 DHS 163.13 Responsibilities when conducting regulated activity.

DHS 163.13(1) (1) May not refuse entry. No person at a site where a lead company conducts business or at the site of a current or previously conducted activity regulated under this chapter may refuse entry to any representative of the department acting under the authority of s. DHS 163.30 (3).

DHS 163.13(2) (2) Requirement for valid card on site. Only a Wisconsin lead certification card is valid in this state for performing an activity regulated under this chapter. Each individual performing or supervising an activity that requires certification under this chapter shall be in possession of a valid unexpired certification card at the job site, unless the individual is working under provisional certification. An individual working under provisional certification shall have a copy of their training diploma at the job site.

DHS 163.13(3) (3) Requirement for recordkeeping.

DHS 163.13(3)(a) (a) Lead hazard reduction. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of an activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The company shall retain all of the following records as appropriate to the type of activities the company performs:

DHS 163.13(3)(a)1. 1. Any written contract for lead hazard reduction activities conducted by the company.

DHS 163.13(3)(a)2. 2. A copy of the final lead abatement report required under s. DHS 163.14 (1) (m) for each lead abatement activity conducted by the company, which shall include a copy of the written project notice, occupant protection plan, description of work activities conducted and final clearance report for the activity.

DHS 163.13(3)(a)3. 3. A lead company certificate from the department.

DHS 163.13(3)(b) (b) Lead investigation activities. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of an activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The company shall retain all of the following records as appropriate to the type of activities the company performs:

DHS 163.13(3)(b)1. 1. Any written contract for lead investigation activities conducted by the company.

DHS 163.13(3)(b)2. 2. A report prepared under s. DHS 163.14 (5) for each clearance activity conducted by the company, including visual inspection results and dust sampling laboratory results.

DHS 163.13(3)(b)3. 3. A report prepared under s. DHS 163.14 (7) for each lead hazard screen conducted by the company, including any XRF testing results and any dust, paint and soil sampling results.

DHS 163.13(3)(b)4. 4. A report prepared under s. DHS 163.14 (8) for each lead inspection or partial inspection conducted by the company, including any XRF testing results and any paint or soil sampling laboratory results.

DHS 163.13(3)(b)5. 5. A report prepared under s. DHS 163.14 (9) for each lead risk assessment conducted by the company, including any XRF testing results and any dust, paint or soil sampling laboratory results.

DHS 163.13(3)(b)6. 6. A lead company certificate from the department.

DHS 163.13(3)(c) (c) Renovation activities. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of a renovation activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. Within 10 working days post-renovation, the company performing the renovation shall provide a renovation report that includes a copy of each document created for the renovation under this subsection to the person contracting for the renovation, and to any adult occupant of a dwelling unit or representative of a child-occupied facility affected by the renovation. The company shall retain and provide as required all the following records:

DHS 163.13(3)(c)1. 1. Any written contract for renovation activities conducted by the company.

DHS 163.13(3)(c)2. 2. Any inspection or partial inspection report from a certified lead inspector or risk assessor certifying that lead-based paint is not present on components that will be affected by the renovation activity and that lead-safe work practices will not be required.

DHS 163.13(3)(c)3. 3. A signed and dated acknowledgement of receipt of the pre-renovation education pamphlet under s. DHS 163.14 (10).

DHS 163.13(3)(c)4. 4. Written certification of delivery of the pre-renovation education pamphlet when the company has been unsuccessful in obtaining written acknowledgement from an adult occupant under s. DHS 163.14 (10).

DHS 163.13(3)(c)5. 5. A certificate of mailing when the pre-renovation education pamphlet is sent by U.S. mail under s. DHS 163.14 (10).

DHS 163.13(3)(c)6. 6. A signed and dated statement recording steps taken to notify occupants of upcoming paint disturbing activities in common areas under s. DHS 163.14 (10).

DHS 163.13(3)(c)7. 7. For each renovation activity conducted by the company, documentation of compliance with the requirements of s. DHS 163.14, including documentation that a certified lead-safe renovator was assigned to the project, that the certified renovator provided on-the-job training for uncertified workers used on the project, that the certified renovator performed or directed workers who performed the renovation work and that the certified lead-safe renovator either performed the visual inspection and cleaning verification after all paint disturbing work was completed or dust clearance sampling was performed as required under s. DHS 163.14 (5) by an appropriately certified individual. This documentation shall include a copy of the certified renovator’s training diploma and a certification signed by the certified renovator assigned to the project and attesting to all of the following:

DHS 163.13(3)(c)7.a. a. Training was provided to workers, including topics covered for each worker.

DHS 163.13(3)(c)7.b. b. Warning signs were posted at entrances to the work area.

DHS 163.13(3)(c)7.c. c. Any interior work area was contained by removing or covering all objects, closing and covering all HVAC ducts, closing all windows, closing and sealing all doors or covering doors that were used for passage to prevent the spread of dust, covering floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material to 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain dust, whichever is greater, and installing vertical containment, where necessary, to prevent migration of dust and debris to adjacent areas.

DHS 163.13(3)(c)7.d. d. Any exterior work area was contained by removing or covering all objects, closing all windows in and within 20 feet of the work area and all windows below the work area, closing and sealing all doors in and within 20 feet of the work area including all doors below the work area, covering the ground with plastic sheeting, other disposable impermeable material or landscape fabric capable of collecting dust and debris anchored to the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects, and installing vertical containment if necessary to prevent migration of dust and debris to adjacent property.

DHS 163.13(3)(c)7.e. e. Waste was contained onsite and while being transported offsite.

DHS 163.13(3)(c)7.f. f. The work area was properly cleaned after the renovation by picking up all visible chips and debris, misting protective sheeting, folding it dirty side inward and taping all seams for removal and for interiors, cleaning all work area surfaces and objects using a HEPA vacuum and damp cloths or mops.

DHS 163.13(3)(c)7.g. g. The certified renovator performed post-renovation cleaning verification, including a brief description of the results and number of wet and dry cloths used.

DHS 163.13(3)(c)8. 8. For each employed or contracted worker who is not a certified lead-safe renovator, the company shall maintain documentation of the training provided, including the worker’s name, specific topics taught to the worker, the name and department certification number of the instructor for each topic, and the training date for each topic.

DHS 163.13(3)(c)9. 9. For each emergency renovation activity conducted by the company for which the company was unable to comply with all of the requirements of this chapter due to emergency conditions, documentation of the nature of the emergency and the provisions of the rule that were not followed.

DHS 163.13(3)(c)10. 10. If a recognized test kit is used, the company shall maintain records of the manufacturer and model of each test kit used, verification that the test kit is recognized by the EPA, a description of the components tested, including their specific locations, and the result for each location and test kit used.

DHS 163.13(3)(c)11. 11. For any renovation for which dust wipe clearance was conducted, the company shall maintain the written clearance report with laboratory results.

DHS 163.13(3)(c)12. 12. A company certificate from the department.

DHS 163.13(4) (4) Requirement for supervision of a worker.

DHS 163.13(4)(a) (a) Lead hazard reduction activities. Under s. DHS 163.14 (1) (c), a lead abatement worker shall be directly supervised by a certified lead abatement supervisor when performing abatement.

DHS 163.13(4)(b) (b) Renovation activities. Under s. DHS 163.14 (11), a certified lead-safe renovator shall be assigned to each renovation and shall be physically present at the work site while warning signs are being posted, work area containment is being established, and work area cleaning is being performed. The certified lead-safe renovator shall ensure continuous maintenance of containment areas and use of lead-safe work practices by workers during renovation. When not on site, the certified lead-safe renovator shall be readily available by telephone and able to return to the worksite within a reasonable time, approximately 30 minutes.

DHS 163.13(5) (5) Requirement for written contract. A company shall have a written contract for all regulated activities performed for compensation on property not owned or controlled by the company conducting the work. The contract shall specify the activities to be performed, comply with s. ATCP 110.05 and include the following:

DHS 163.13(5)(a) (a) Information regarding the presence or absence of bonding or insurance coverage, including workers compensation insurance. Where a representation is made that bonding or insurance will be in effect while regulated activities are conducted, the company shall provide proof before work begins.

DHS 163.13(5)(b) (b) For a lead hazard reduction activity or when clearance sampling will be conducted after a renovation activity, a statement regarding who is responsible for paying additional cleanup and clearance costs if clearance is not met.

DHS 163.13(5)(d) (d) For a lead investigation activity, all of the following:

DHS 163.13(5)(d)1. 1. The extent of the investigation and any limitations.

DHS 163.13(5)(d)2. 2. Which of the following actions will be taken if deteriorated paint is detected during a lead hazard screen, lead-safe investigation or risk assessment or if an XRF provides an inconclusive reading:

DHS 163.13(5)(d)2.a. a. Treat the paint as lead-based paint.

DHS 163.13(5)(d)2.b. b. Take a paint chip sample for submission to a recognized laboratory for testing.

DHS 163.13(5)(d)2.c. c. Test the paint with an XRF.

DHS 163.13(5)(e) (e) For a lead-free inspection or a lead-safe investigation, what action will be taken if the property is found ineligible for the certificate being sought.

DHS 163.13(6) (6) Responsibility for training and certification documents.

DHS 163.13(6)(a) (a) Individual. The individual to whom a training diploma is issued by a training manager and to whom a certification card is issued by the department is the owner of that training diploma and certification card, and is responsible for the following:

DHS 163.13(6)(a)1. 1. ‘Responsibility for training diploma.’

DHS 163.13(6)(a)1.a. a. The individual shall retain an original training diploma for the duration of the individual’s certification for each required training course completed and shall make it available upon request by the department.

DHS 163.13(6)(a)1.b. b. The individual shall not allow another person to photocopy the training diploma unless the photocopy is clearly labeled ”copy” across the face of it in order to discourage fraudulent or misleading use of the photocopy and shall not allow another person to use the training diploma.

DHS 163.13(6)(a)2. 2. ‘Responsibility for certification card.’

DHS 163.13(6)(a)2.a. a. The individual shall retain the certification card until the card expires, shall have it physically present when performing or supervising a regulated activity and shall make the certification card available for inspection upon request by the department or the public.

DHS 163.13(6)(a)2.b. b. The individual shall not allow another person to photocopy the certification card unless the photocopy is clearly labeled “copy” across the face of it in order to discourage fraudulent or misleading use of the photocopy and shall not allow another person to use the certification card.

DHS 163.13(6)(a)2.c. c. When requested by the department, the individual shall return a suspended, revoked or otherwise invalid certification card to the department within 10 working days of the department’s request.

DHS 163.13(6)(b) (b) Lead company.

DHS 163.13(6)(b)1. 1. ‘Prohibited actions.’ The employer or company may not confiscate an individual’s original training diploma or certification card. The employer or company may not photocopy an individual’s training diploma or certification card unless the photocopy is clearly labeled ”copy” across the face of it in order to discourage fraudulent or misleading use of the photocopy.

DHS 163.13(6)(b)2. 2. ‘Responsibility for company certificate.’

DHS 163.13(6)(b)2.a. a. Each certified company performing, supervising or offering to perform or supervise an activity regulated under this chapter shall retain the certificate for the duration of certification and shall make it available for inspection upon request by the department or the public.

DHS 163.13(6)(b)2.b. b. A company shall not allow another person to photocopy the certificate unless the photocopy is clearly labeled “copy” across the face of it in order to discourage fraudulent or misleading use of the photocopy and shall not allow another person to use the certificate.

DHS 163.13(6)(b)2.c. c. When requested by the department, the company shall return a suspended, revoked or otherwise invalid certificate to the department within 10 working days of the department’s request.

DHS 163.13(7) (7) Responsibility for training and certification.

DHS 163.13(7)(a) (a) Certification for regulated lead hazard reduction and lead investigation activities. The company conducting a regulated lead hazard reduction or lead investigation activity shall be a certified lead company and shall verify the certification status of all individuals who will perform or supervise those activities before the start of the activity and may not use individuals who lack the required certification.

DHS 163.13(7)(b) (b) Training and certification for regulated renovation activities. The company conducting a regulated renovation activity shall be a certified lead company and shall verify that individuals who will perform renovation activities are either certified lead-safe renovators or have been properly trained by a certified lead-safe renovator in accordance with s. DHS 163.14 (11) on the work practices they will use to perform their assigned tasks. A certified lead abatement worker or lead abatement supervisor who completed department-approved lead-safe renovator training is also qualified to perform the duties of a certified lead-safe renovator.

DHS 163.13(7)(c) (c) Certified lead-safe renovator assigned. The company conducting a regulated renovation activity shall assign a certified lead-safe renovator to each regulated activity who shall fulfill all certified lead-safe renovator responsibilities identified in this chapter. A certified lead abatement worker or lead abatement supervisor who completed department-approved lead-safe renovator is also qualified to perform the duties of a certified lead-safe renovator.

DHS 163.13(8) (8) Summary report of lead investigation activities.

DHS 163.13(8)(a) (a) Requirement for summary report. Except when an elevated blood lead investigation is conducted or a certificate of lead-free status or lead-safe status is issued as the result of the lead investigation activity, persons who were certified to perform lead investigation activities at any time during a reporting period shall submit to the department a summary of regulated lead investigation activities conducted on a form obtained from or approved by the department. If no regulated activities are conducted in a reporting period, the report shall be filed to show no activity.

DHS 163.13 Note Note: Information about elevated blood lead investigations will be collected from reports submitted to the Wisconsin Childhood Lead Poisoning Prevention Program and information about lead-free inspections and lead-safe investigations will be collected through the registration of lead-free and lead-safe certificates.

DHS 163.13(8)(b) (b) Reporting period and submittal date. Each summary shall cover a three-month reporting period and shall be submitted to the department as follows:

DHS 163.13(8)(b)1. 1. Submit January through March by April 30.

DHS 163.13(8)(b)2. 2. Submit April through June by July 31.

DHS 163.13(8)(b)3. 3. Submit July through September by October 31.

DHS 163.13(8)(b)4. 4. Submit October through December by January 31.

DHS 163.13(8)(c) (c) Content of summary report. A completed summary report form shall include the name, address, telephone number and certification identification number of the lead company reporting and all of the following information for each lead investigation activity conducted:

DHS 163.13(8)(c)1. 1. Date the lead investigation activity was conducted.

DHS 163.13(8)(c)2. 2. Street address and city or fire address of the dwelling or child-occupied facility where the lead investigation was conducted.

DHS 163.13(8)(c)3. 3. Name and lead certification identification number of the individual or individuals conducting the lead investigation activity.

DHS 163.13(8)(c)4. 4. Type of lead investigation activity conducted. If the type of lead investigation activity conducted is a clearance, whether the clearance was for an abatement project.

DHS 163.13(8)(c)5. 5. The result of the lead investigation activity.

DHS 163.13 Note Note: The Lead-Based Paint Investigation Summary Report form is available on the department website at http://dhs.wi.gov/lead. To request this form by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445. Return completed summary report according to form instructions.

DHS 163.13(9) (9) Work conduct. Individuals and companies conducting activities regulated under this chapter shall conduct activities in a manner that does not increase the hazards from lead-based paint and shall comply with the work practice standards under s. DHS 163.14.