Chapter DHS 163

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.

DHS 163.13(10) (10) Association with a certified company. An individual shall be associated with a lead company certified under s. DHS 163.12 by ownership, contract, or employment before the individual may perform, supervise, or offer to perform or supervise a lead hazard reduction, renovation, or lead investigation activity regulated under this chapter.

DHS 163.13(11) (11) Pre-renovation education. A company shall ensure that the pre-renovation education requirements under s. DHS 163.14 (10) are met before each renovation activity to be performed, except that the pre-renovation information distribution requirements do not apply to emergency renovations.

DHS 163.13(12) (12) Notice of company change. The company shall notify the department in writing at least 10 working days before changing any of the following:

DHS 163.13(12)(a) (a) The company’s name or address.

DHS 163.13(12)(b) (b) The company’s ownership.

DHS 163.13(12)(c) (c) The company’s federal employer identification number.

DHS 163.13 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (title), (1), (2), (5) (intro.), (a), (b), (6) (b) 1., 2. a. to c., (7) (title) and (9), renum. (3), (4) and (7) to be (3) (a) (intro.), (4) (a) and (7) (a) and am., cr. (3) (a) 1. to 3., (b), (c), (4) (b), (7) (b), (c), (10) to (12), r. (5) (c), eff. 10-16-09; CR 09-085: am. (title), (1), (2), (5) (intro.), (a), (b), (6) (b) 1., 2. a. to c., (7) (title) and (9), renum. (3), (4) and (7) to be (3) (a) (intro.), (4) (a) and (7) (a) and am., cr. (3) (a) 1. to 3., (b), (c), (4) (b), (7) (b), (c), (10) to (12), r. (5) (c) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), (2), (3) (a) 3., (b) 6., r. and recr. (3) (c) (intro.), am. (3) (c) 2., 7. (intro.), g., 10., 12., (5) (d) 2. a., (6) (a) (intro.), 1., (b), (7) (b), (c), (8) (title), (a), (b) (intro.), (c) (intro.), 4., (9), r. and recr. (10), am. (12) (title), (a), (b), cr. (12) (c) Register June 2021 No. 786, eff. 7-1-21.

DHS 163.14 DHS 163.14 Work practice standards.

DHS 163.14(1) (1) Abatement activities.

DHS 163.14(1)(a) (a) Who may conduct. When certification is required, an individual shall be certified as a lead abatement supervisor and associated with a certified lead company in order to supervise and perform abatement activities involving target housing or child-occupied facilities. A person who is certified as a lead abatement worker and associated with a certified lead company may perform abatement activities only under the supervision of a certified lead abatement supervisor.

DHS 163.14(1)(b) (b) Abatement protocol. In supervising or performing abatement, certified persons shall use documented methodologies to conduct work in a lead-safe manner that does not create lead-based paint hazards to the occupants, including work practices that limit the creation of dust and prevent the spread of dust, debris and paint chips outside of the work area, and shall comply with all requirements under pars. (c) to (L).

DHS 163.14(1)(c) (c) Requirement for supervision. When a lead abatement worker performs an abatement activity, a lead abatement supervisor shall provide direct onsite supervision.

DHS 163.14(1)(d) (d) Requirement for ensuring compliance. A certified lead abatement supervisor and the certified lead company associated with that individual shall ensure that all abatement activities are conducted according to the requirements of this section and all applicable federal, state and local government requirements.

DHS 163.14(1)(e) (e) Occupant protection. Documented methodologies and all of the following work practice requirements shall be used to protect occupants when abatement activities are performed:

DHS 163.14(1)(e)1. 1. ‘Post signs.’ Signs clearly defining the work area and warning occupants and other persons not involved in the abatement activities to remain outside the work area. These signs shall be in the primary language of the occupants. Signs shall be posted before beginning the work and shall remain in place and readable until the abatement activities and clearance have been completed.

DHS 163.14(1)(e)2. 2. ‘Pre-clean work areas.’

DHS 163.14(1)(e)2.a. a. If paint chips, dust, or debris are present on the interior, HEPA vacuum the floor before protective sheeting is laid down and HEPA vacuum window wells or troughs before working on windows.

DHS 163.14(1)(e)2.b. b. If paint chips, dust or debris are present on the exterior, HEPA vacuum or use a wet/dry vacuum with a drywall bag and HEPA filter to clean all paint chips and debris before protective sheeting is laid down.

DHS 163.14(1)(e)3. 3. ‘Contain work areas.’ Before starting abatement activities, contain the work area, including the floor or ground, with heavy duty plastic sheeting, so that no dust or debris leaves the work area during the activity. Workers shall maintain the integrity of the containment throughout the abatement activities by ensuring that the plastic sheeting used as containment material is not torn or displaced, and that no dust or debris leaves the work area during the abatement. When the building is occupied, containment shall be installed in a manner that provides safe access to restrooms and exits for occupants. Containment may not be constructed in a manner that would interfere with emergency exit. All containment materials, including plastic sheeting, must be disposed of after one use and may not be relocated for reuse during a project.

DHS 163.14(1)(e)4. 4. ‘Protect personal property.’ Measures shall be taken to protect all personal property in the work area from contamination by dust and debris.

DHS 163.14(1)(e)4.a. a. Remove all objects that can be moved from the work area, including furniture, rugs, and window coverings. Objects that cannot be removed shall first be cleaned using a HEPA vacuum, and then be completely covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

DHS 163.14(1)(e)4.b. b. Close and seal all duct openings in the work area with taped down plastic sheeting or other impermeable material.

DHS 163.14(1)(e)4.c. c. Close windows and doors in the work area. Doors shall be covered with plastic sheeting or other impermeable material. Doorways used as the entrance to the work area shall be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while containing dust and debris in the work area.

DHS 163.14(1)(e)4.d. d. Cover floor surfaces in the work area, including installed carpet, with taped down plastic sheeting or other impermeable material at least 6 feet beyond the perimeter of surfaces undergoing abatement, or a sufficient distance to contain all dust, whichever is greater. Floor containment measures may stop at the edge of a vertical barrier system consisting of impermeable barriers that extend from the floor to the ceiling that are completely sealed at joints with the floor, ceiling and walls.

DHS 163.14(1)(e)5. 5. ‘Use precautions.’ Use precautions to ensure that all personnel, tools, and other items, including the exteriors of waste containers, are free of dust and debris before leaving the work area.

DHS 163.14(1)(e)6. 6. ‘Restrict access.’ Uncertified persons shall be kept out of the abatement area until the area is cleaned, containment and abatement materials removed, and a visual inspection successfully completed. Warning tape may be used to prevent unintentional access into work areas in addition to the posted warning signs. If access is granted before clearance has been successfully achieved, a notice shall be posted that states: ”This worksite has not yet met clearance requirements. Lead-based paint hazards may be present.”

DHS 163.14(1)(e)7. 7. ‘Prepare an occupant protection plan.’ Before starting an abatement project, a certified lead abatement supervisor or project designer shall prepare a written occupant protection plan on a form obtained from or approved by the department. The plan shall be specific to the abatement and to each dwelling or child-occupied facility involved. The plan shall describe the measures and management procedures that will be taken during the abatement project to protect the building occupants from exposure to lead-based paint hazards. The occupant protection plan shall be followed by all lead company staff and posted in plain view outside the abatement work area for viewing by interested persons.

DHS 163.14(1)(e)8. 8. ‘Distribute occupant protection plan.’

DHS 163.14(1)(e)8.a. a. When abatement involves restricted work practices used in common areas, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit no later than 2 working days before starting the activity and shall document delivery.

DHS 163.14(1)(e)8.b. b. When abatement involves restricted work practices used in individual dwelling units, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit involved in the activity no later than 2 working days before starting the activity and shall document delivery.

DHS 163.14(1)(e)8.c. c. When the abatement is not performed by the property owner or the property owner’s agent or employee, a copy of the occupant protection plan shall also be delivered to the property owner or the property owner’s agent or employee.

DHS 163.14(1)(e)8.d. d. When the occupant protection plan is delivered via mail, it shall be mailed at least 7 days before the start of the abatement and shall be documented by a certificate of mailing from the post office.

DHS 163.14(1)(g) (g) Requirements when soil abatement is conducted.

DHS 163.14(1)(g)1. 1. If soil is removed, any replacement soil shall have a lead concentration of less than 400 parts per million and shall comply with ch. NR 720 as applicable. The soil that is removed shall not be used as topsoil at another dwelling or child–occupied facility.

DHS 163.14(1)(g)2. 2. If the soil abatement does not involve removal of soil-lead, the soil shall be permanently covered by a barrier consisting of solid, relatively impermeable materials, such as asphalt or concrete.

DHS 163.14(1)(h) (h) Requirement for notice to the department. Before conducting abatement, a certified lead abatement supervisor shall provide notice to the department under sub. (2).

DHS 163.14(1)(i) (i) Requirement to clean up the work area. Documented methodologies shall be followed to clean the work area and any other affected area of the property before beginning worksite set-up, at the end of each day’s work, and when all work has been completed.

DHS 163.14 Note Note: For one documented methodology that may be followed to clean up the work area, refer to the most current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available on the HUD website at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.

DHS 163.14(1)(j) (j) Requirement for a visual inspection. Following cleanup of the work area, a certified lead abatement supervisor shall conduct a visual inspection to verify that any dust, debris, or paint chips have been removed and that the visual inspection is passed before access to the area is allowed.

DHS 163.14(1)(k) (k) Requirement for management of wastewater, air emissions and solid waste. All wastewater, air emissions, and solid waste from lead abatement activities shall be handled according to documented methodologies and as follows:

DHS 163.14(1)(k)1. 1. Contained in the work area to prevent the release of dust and debris before removal for storage and disposal. If a chute is used to remove waste from the work area, it shall be covered.