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DHS 163.14(10)(a)(a) Renovation activities in target housing. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, or common area of multi-family target housing, the company performing the renovation activities shall:
DHS 163.14(10)(a)1.1. Provide the Renovate Right pamphlet to the owner of the unit, and, if not owner-occupied, also to an adult occupant of each unit in which renovation activities will be conducted.
DHS 163.14(10)(a)1.a.a. Obtain from the owner and an adult occupant of any non-owner-occupied unit in which renovation will be conducted, a written acknowledgment of receiving the pamphlet, or obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.
DHS 163.14(10)(a)1.b.b. If the renovator has been unable to obtain a written acknowledgement from an adult occupant of a non-owner-occupied dwelling, the renovator may alternatively certify in writing that a pamphlet has been delivered to the dwelling unit and that the company performing the renovation activity has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, the name of the person delivering the pamphlet, the reason for lack of acknowledgement, the signature of an authorized renovation company representative, and the date of signature.
DHS 163.14(10)(a)2.2. Provide written notice to all affected dwelling units about the planned and ongoing renovation activities.
DHS 163.14(10)(a)2.a.a. Distribute written notice that includes the pamphlet, to each affected dwelling unit prior to the start of renovation. The written notice shall describe the general nature and locations of the planned activities and the expected starting and ending dates.
DHS 163.14(10)(a)2.b.b. While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation activities and the anticipated completion date. These signs shall be posted in areas where they are likely to be seen by the occupants of all the affected units. The signs shall be accompanied by a posted copy of the pamphlet. Alternatively, the pamphlet may be distributed to each affected unit.
DHS 163.14(10)(a)3.3. For renovation activities in common areas of multi-family dwellings, the renovation company shall prepare, sign, and date, a statement describing the steps taken to notify all occupants of the intended renovation activities.
DHS 163.14(10)(a)4.4. If the scope, locations or expected starting and ending dates of renovation activities change after the initial notice to occupants, the company shall provide further written notice to owners and occupants providing revised information on the ongoing or planned activities. This subsequent notice shall be provided before initiating work beyond that which was described in the initial notice.
DHS 163.14(10)(d)(d) Renovation activities in child-occupied facilities. No more than 60 days before beginning renovation activities the company performing the renovation activities shall do all of the following:
DHS 163.14(10)(d)1.1. In any child-occupied facility, provide the owner of the building with the pamphlet, and comply with one of the following:
DHS 163.14(10)(d)1.a.a. Obtain from the owner a written acknowledgment that the owner has received the pamphlet.
DHS 163.14(10)(d)1.b.b. Obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.
DHS 163.14(10)(d)2.2. If the child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:
DHS 163.14(10)(d)2.a.a. Obtain, from the adult representative a written acknowledgment that the adult representative had received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the company performing the renovation activities has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification shall include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgement (e.g., representative refuses to sign), the signature of a representative of the company performing the renovation activities, and the date of signature.
DHS 163.14(10)(d)2.b.b. Obtain a certificate of mailing at least 7 days prior to the start of renovation activities.
DHS 163.14(10)(d)3.3. In any child-occupied facility, provide the parents and guardians of children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation activities and the anticipated completion date by complying with one of the following:
DHS 163.14(10)(d)3.a.a. Mail or hand-deliver the pamphlet and the renovation activities information to each parent or guardian of a child using the child-occupied facility.
DHS 163.14(10)(d)3.b.b. While the renovation activities are ongoing, post informational signs describing the general nature and locations of the renovation activities and the anticipated completion date. These signs shall be posted in areas where they can be seen by the parents and guardians of the children frequenting the child-occupied facility. The signs shall be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians can review a copy of the pamphlet or obtain a copy from the company performing the renovation activities at no cost to the parents or guardians.
DHS 163.14(10)(d)4.4. Prepare, sign and date a statement describing the steps taken to notify all parents and guardians about the intended renovation activities and provide the pamphlet.
DHS 163.14(10)(e)(e) Written acknowledgment. The written acknowledgments required under pars. (a) 1. and (d) 1. a. and 2. a. of this subsection shall include all of the following:
DHS 163.14(10)(e)1.1. A statement recording the owner’s, occupant’s or representative’s name and acknowledging receipt of the pamphlet prior to the start of the renovation activities, the address of the unit undergoing renovation, the signature of the owner, occupant or representative, as applicable, and the date of signature.
DHS 163.14(10)(e)2.2. Be either a separate sheet or part of a written contract or service agreement for the renovation.
DHS 163.14(10)(e)3.3. Be written in the same language as the text of the contract or service agreement for the renovation activities, or, in the case of non-owner-occupied target housing, in the same language as the lease or rental agreement or the pamphlet.
DHS 163.14(11)(11)Renovation activities.
DHS 163.14(11)(a)(a) Who may conduct. Only the following persons may conduct renovation activities involving target housing or child-occupied facilities:
DHS 163.14(11)(a)1.1. Certified lead-safe renovators who work for a certified lead company.
DHS 163.14(11)(a)2.2. Persons trained by and under the supervision of a certified lead-safe renovator who works for a certified lead company.
DHS 163.14(11)(a)3.3. Certified lead abatement supervisors or lead abatement workers who meet the training requirements under s. DHS 163.11 (2) (c) and work for a certified lead company.
DHS 163.14(11)(a)4.4. Persons licensed, certified or registered by the department of safety and professional services under s. 101.178 or ch. 145, Stats., who meet all the requirements under s. DHS 163.10 (1) (d) 2.
DHS 163.14(11)(b)(b) Lead-safe work protocol. When supervising or performing renovation activities, documented methodologies shall be used to conduct work in a lead-safe manner that does not create lead-based paint hazards, including work practices and engineering controls that limit the creation of dust and prevent the spread of dust, debris and paint chips outside the work area, and shall comply with all requirements under pars. (c) to (L).
DHS 163.14(11)(c)(c) Requirement for supervision. The assigned certified lead-safe renovator or another person who meets the conditions of par. (a) 3. or 4., shall provide direct on-site supervision at all times during worksite setup, including while posting warning signs and establishing work area containments, and shall be onsite regularly during renovation activities to direct work performed by other individuals and to ensure that lead-safe work practices are being followed, that containment barriers are maintained and that dust and debris do not spread beyond the work area. The certified lead-safe renovator shall be readily available, either on site or by telephone, at all times while paint disturbing activities are being conducted and, when off site, shall be able to return to the worksite within a reasonable time, about 30 minutes, as needed.
DHS 163.14(11)(d)(d) Requirement for ensuring compliance. The company shall ensure that all renovation activities are conducted according to the requirements of this section and all applicable federal, state and local government requirements are followed.
DHS 163.14(11)(e)(e) Occupant protection. Documented methodologies and all of the following work practice requirements shall be used to protect occupants when renovation activities are performed:
DHS 163.14(11)(e)1.1. ‘Post signs.’ Signs clearly defining the work area and warning occupants and other persons not involved in the renovation activities to remain outside the work area. To the extent practicable, 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 renovation activities and post-work cleaning verification have been completed.
DHS 163.14(11)(e)2.2. ‘Contain work areas.’ Before starting renovation activities, the work area shall be isolated so that no dust or debris leaves the work area during the activity. Workers shall maintain the integrity of the containment throughout the renovation activities by ensuring that any plastic or other appropriate containment materials are not torn or displaced, and taking steps necessary to ensure that no dust or debris leaves the containment work area during the renovation. 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 worker egress in an emergency.
DHS 163.14(11)(f)(f) Interior lead-safe work practices. The company shall ensure that documented methodologies are used for all interior renovation activities and that all personal property in the work area is protected from contamination by dust and debris, including all of the following:
DHS 163.14(11)(f)1.1. Remove all objects from the work area, including furniture, rugs, and window coverings. Pre-clean all horizontal surfaces with a HEPA vacuum to remove any existing paint dust and debris. Objects that cannot be removed shall first be cleaned using a HEPA vacuum, and then be covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.
DHS 163.14(11)(f)2.2. Close and seal all duct openings in the work area with taped down plastic sheeting or other impermeable material.
DHS 163.14(11)(f)3.3. 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 confining dust and debris to the work area.
DHS 163.14(11)(f)4.4. 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 renovation, or a sufficient distance to contain all dust, whichever is greater. Floor containment measures may stop at the edge of a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and that are completely sealed at joints with the floor, ceiling, and walls.
DHS 163.14(11)(f)5.5. Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.
DHS 163.14(11)(g)(g) Exterior lead-safe work practices. The company shall ensure that documented methodologies are used for all exterior renovation activities and that all personal property in the work area is protected from contamination by dust and debris, including all of the following:
DHS 163.14(11)(g)1.1. Remove all objects from the work area, including furniture and play equipment, and pre-clean horizontal surfaces and the ground to remove any visible paint debris. Objects that cannot be removed shall be covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.
DHS 163.14(11)(g)2.2. Close all doors and windows within 20 feet of the renovation work area. On multi-story buildings, close all doors and windows within 20 feet of the renovation work on the same floor as the renovation and all doors and windows on all floors below that are the same horizontal distance from the renovation work.
DHS 163.14(11)(g)3.3. Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.
DHS 163.14(11)(g)4.4. Cover the ground with heavy duty plastic sheeting extending 10 feet beyond the perimeter of surfaces undergoing paint disturbance or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line or neighboring structures prevent 10 feet of ground cover. Vertical containment or other precautions in containing the work area may be necessary in order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system.
DHS 163.14(11)(h)(h) Prohibited practices. All of the following work practices shall be prohibited or restricted during a renovation activity:
DHS 163.14(11)(h)1.1. Open-flame burning, torching or charring of paint.
DHS 163.14(11)(h)2.2. Operating a heat gun on paint at or above 1100 degrees Fahrenheit.
DHS 163.14(11)(h)3.3. Using a chemical paint stripper containing methylene chloride.
DHS 163.14(11)(h)4.4. Using machines to remove paint through high speed operation such as abrasive blasting, sandblasting, needle gunning, or machine sanding, grinding or planing painted surfaces, unless the machine is operated with a properly fitted HEPA-filtered exhaust control to collect dust and debris at the point of generation and in a fully contained work area.
DHS 163.14(11)(h)5.5. High-pressure water blasting or hydroblasting unless it is conducted in a fully contained work area with HEPA-filtered exhaust control and water collection system.
DHS 163.14(11)(h)6.6. Using an improperly operating HEPA vacuum to clean up dust, debris, and paint chips.
DHS 163.14(11)(h)7.7. Dry sweeping dust, debris, or paint chips.
DHS 163.14(11)(i)(i) Waste handling. All wastewater, air emissions and solid waste from renovation activities shall be handled as follows:
DHS 163.14(11)(i)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(11)(i)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(11)(i)3.3. Contained to prevent release of dust and debris for final transport at the conclusion of renovation activities.
DHS 163.14(11)(i)4.4. Discharge of wastewater shall be managed according to chs. NR 105, 106 and 200 to 299.
DHS 163.14(11)(i)5.5. Air emissions shall be managed according to chs. NR 404, 415, 429, and 445.
DHS 163.14(11)(i)6.6. Paint debris and waste shall be managed according to chs. NR 500 to 538 and 660 to 679.
DHS 163.14(11)(j)(j) Cleaning the work area.
DHS 163.14(11)(j)1.1. Documented methodologies shall be followed to clean all work areas at the end of each work day and when all renovation activities have been completed. After the paint disturbing work has been completed, the work area shall be cleaned until no dust, debris or residue remains.
DHS 163.14(11)(j)2.2. For all interior and exterior work areas do all of the following:
DHS 163.14(11)(j)2.a.a. Collect all paint chips and debris and, without dispersing any of it, seal the waste in a heavy-duty waste bag.
DHS 163.14(11)(j)2.b.b. Dispose of all sheeting as waste by first misting, then folding inward until as small as possible, taping seams shut or placing in heavy-duty waste bags. Sheeting used to isolate contaminated areas from non-contaminated areas shall remain in place until after final cleaning and removal of all other sheeting.
DHS 163.14(11)(j)3.3. For exterior work areas, remove all visible debris, paint chips and residue in and below the work area, including from the ground, window sills and other horizontal surfaces.
DHS 163.14(11)(j)4.4. For interior work areas do all of the following:
DHS 163.14(11)(j)4.a.a. Clean all objects and horizontal surfaces in the work area and within 2 feet outside the work area starting at the top and working down to the floor.
DHS 163.14(11)(j)4.b.b. Clean walls starting at the ceiling and working down to the floor by either HEPA vacuuming or wiping with damp disposable cleaning cloths.
DHS 163.14(11)(j)4.c.c. For other interior surfaces, thoroughly HEPA vacuum all remaining surfaces and objects in the work area, including horizontal surfaces, furniture and fixtures. After vacuuming, wipe the same surfaces, objects and fixtures with damp disposable cleaning cloths.
DHS 163.14(11)(j)4.d.d. For carpets, use a HEPA vacuum with a beater bar to thoroughly and meticulously vacuum carpets and rugs.
DHS 163.14(11)(j)4.e.e. For uncarpeted floors, thoroughly mop the floor using a 2- or 3-bucket mopping system or a wet mopping system using disposable cloths.
DHS 163.14 NoteNote: For documented methodologies for cleaning, refer to the current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.
DHS 163.14(11)(k)(k) Post-activity visual inspection.
DHS 163.14(11)(k)1.1. A visual inspection of the work area or areas shall be conducted by a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11 (2) (c) after renovation activities and cleaning have been completed.
DHS 163.14(11)(k)2.2. For interior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present in or around the work areas. If dust, debris or residue is present, these conditions shall be removed by re-cleaning and another visual inspection shall be performed.
DHS 163.14(11)(k)3.3. For exterior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions shall be eliminated and another visual inspection shall be performed. After the work area or areas pass visual inspection, the activity is considered complete and warning signs may be removed.
DHS 163.14(11)(L)(L) Post renovation cleaning verification for interior work areas. Except as allowed under par. (m), after a successful visual inspection, a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11 (2) (c) shall verify cleaning of all interior work areas by using all of the following procedures:
DHS 163.14(11)(L)1.1. Verify that each windowsill in the work area has been adequately cleaned by wiping the windowsill with an unused wet disposable cleaning cloth that is damp to the touch and comparing the cleaning cloth to the cleaning verification card.
DHS 163.14(11)(L)1.a.a. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.
DHS 163.14(11)(L)1.b.b. If the cleaning cloth is darker than the cleaning verification card, the windowsill has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, either use a new cleaning cloth or fold the used cloth in such a way that an unused surface is exposed and wipe the surface again. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.
DHS 163.14(11)(L)1.c.c. If the cleaning cloth is still darker than the cleaning verification card, wait one hour or until the surface has dried completely, whichever is longer.
DHS 163.14(11)(L)1.d.d. After waiting for the windowsill to dry, wipe the sill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.
DHS 163.14(11)(L)2.2. Verify that uncarpeted floors and countertops within the work area have been adequately cleaned by wiping the floors and countertops with an unused wet disposable cleaning cloth. Floors shall be wiped using a long-handled mop designed with a head attachment for wet disposable cleaning cloths. The cleaning cloth shall remain damp at all times while it is being used to wipe the surface for post-activity cleaning verification. If the surface within the work area is larger than 40 square feet, the surface within the work area shall be divided into roughly equal sections that are each less than 40 square feet. Wipe each section separately with a new wet disposable cleaning cloth.
DHS 163.14(11)(L)2.a.a. If the cloth used to wipe that section within the work area matches the cleaning verification card, that section has been adequately cleaned.
DHS 163.14(11)(L)2.b.b. If the cleaning cloth used to wipe a particular section is darker than the cleaning verification card, that section has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, use a new cleaning cloth and wipe that section again. If the cleaning cloth matches or is lighter than the cleaning verification card, that section of the surface has been adequately cleaned.
DHS 163.14(11)(L)2.c.c. If the cleaning cloth used to wipe a particular surface section is still darker than the cleaning verification card after the surface has been re-cleaned, wait for one hour or until the entire section surface has dried completely, whichever is longer.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.