DHS 163.13 HistoryHistory: 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(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.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.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)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(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. DHS 163.14(1)(k)2.2. Stored in a container or enclosure at the conclusion of each work day that prevents access to and release of dust and debris. DHS 163.14(1)(L)(L) Requirement for clearance. The lead abatement supervisor shall arrange for final clearance under sub. (5) to be conducted as soon as possible following abatement. The abatement is not complete until a certified lead hazard investigator, inspector or risk assessor declares in writing that all clearance levels are met. DHS 163.14(1)(m)(m) Requirement for written report. Within 10 working days after receiving the clearance report, but no later than 20 working days following completion of abatement, a certified lead abatement supervisor or project designer shall submit a written report to the person who contracted for the abatement. The report shall include all of the following: DHS 163.14(1)(m)1.1. Start and end dates of the project if different from the dates on the notice to the department. DHS 163.14(1)(m)3.3. Name, address, telephone number and certification number of each certified lead company involved in the project and the name and certification number of each lead abatement supervisor assigned to the project to the extent that information is not included on the written notice under sub. (2). DHS 163.14(1)(m)6.6. A detailed written description of the lead abatement project, including the abatement activities conducted, locations of rooms or living areas and components where abatement occurred, reason for selecting the particular method used for each component and any suggested monitoring of encapsulants or enclosures. DHS 163.14 NoteNote: Rather than repeating information already located elsewhere, the abatement report may include other documents that contain required information, such as an order, contract or abatement notice. For example, to provide a detailed description of the abatement, orders issued by a public health agency may be attached and variances from the order described in the report.
DHS 163.14(2)(a)(a) Timing of notice. The lead abatement supervisor shall submit notice for receipt by the department as follows: DHS 163.14(2)(a)1.1. For an original notice of abatement, written notice not less than 2 working days before the start of the activity. DHS 163.14(2)(a)2.2. In an emergency where a health risk warrants immediate action, written or verbal notice before the start of the activity. DHS 163.14(2)(a)3.3. Projects must start on the start date provided on the project notice. To change the project start date on an existing notice, written or verbal revised notice not less than 2 working days before the activity begins if the new start date is earlier than the original start date or a minimum of one working day before the original start date if the new start date is later than the original start date. DHS 163.14(2)(a)4.4. To change the project end date on an existing notice, submit revised notice in writing as soon as the change is determined, but no later than the original end date. DHS 163.14(2)(a)5.5. Project duration provided in the written notice shall be appropriate to the size and scope of the project. Original notices shall be for a duration of no more than 14 consecutive days. If the project will extend beyond the original end date, revised notice shall be made in writing no later than the original end date or most recently revised end date. DHS 163.14(2)(b)1.1. ‘Form for written notice.’ Written notice shall be on the department’s notice form or on a form approved by the department and shall include all of the following information: DHS 163.14(2)(b)1.a.a. Project details, including the start and end dates, work shifts or hours, project activities, quantity of lead-based paint materials in the project, and whether the project was ordered, affected by HUD requirements, or involved registered lead-safe property or property applying for a certificate of lead-free status or lead-safe status. DHS 163.14(2)(b)1.b.b. Lead investigation details, including how and when it was identified and the name and certification number of the lead hazard investigator, inspector or risk assessor. DHS 163.14(2)(b)1.c.c. Lead company details, including name, certification number, address, contact person and telephone number. DHS 163.14(2)(b)1.d.d. Facility or dwelling details, including type, occupancy, location, including street address, contact person and contact person’s telephone number and current owner and current owner’s telephone number. DHS 163.14(2)(b)2.2. ‘Acceptable methods for submitting written notice.’ Written notice may be sent by U.S. mail, commercial carrier, fax, e-mail, or another method approved by the department. DHS 163.14(2)(b)3.3. ‘Official date of written notice.’ The official date of a written notice shall be the date on the department’s date of receipt stamp. A notice received after 4:00 p.m. shall be dated as received the next working day. DHS 163.14(2)(b)4.4. ‘Rejection of notice.’ The department may reject a notice that is illegible or incomplete. DHS 163.14 NoteNote: Lead notice forms 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 163.14 NoteNote: Submit lead notices according to form instructions.
DHS 163.14(2)(c)1.1. ‘Acceptable methods for submitting verbal notice.’ For emergency or revised notice, verbal notice may be made by telephone or in person and shall include all of the following information: DHS 163.14(2)(c)1.c.c. Location, including street address, of the dwelling or facility where the activity will be conducted. DHS 163.14(2)(c)2.2. ‘Official date of verbal notice.’ The official date of a verbal notice shall be the date a department representative receives the verbal notice. DHS 163.14(2)(c)3.3. ‘Written follow-up to verbal notice.’ When verbal notice is given, the lead abatement supervisor shall also submit a written notice under par. (b) within 2 working days after the date of the verbal notice. DHS 163.14 NoteNote: To submit verbal notice, phone 608-261-6876.
DHS 163.14(3)(3) Abatement work practices that are prohibited. All of the following work practices are prohibited when performing abatement: DHS 163.14(3)(b)(b) Machine sanding, grinding or planing without a properly operating HEPA-filtered exhaust control. DHS 163.14(3)(c)(c) Manual dry scraping, sanding or planing of more than 2 square feet of paint. DHS 163.14(3)(d)(d) Using chemical paint strippers containing methylene chloride. DHS 163.14(3)(e)(e) Uncontained high-pressure water blasting or uncontained hydroblasting.
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