Wisconsin Legislature: DHS 163.14(2)(c)1.

Alert! This chapter may be affected by an emergency rule:

EmR2502

Note: Refer to guidance from the Department of Natural Resources on managing lead-based paint waste, “Commercial and Residential Paint Removal and Disposal,” at https://www.dnr.wi.gov/files/PDF/pubs/wa/WA173.pdf, as well as the most 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.

(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.

(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:

1. Start and end dates of the project if different from the dates on the notice to the department.

2. A copy of the written notice to the department under sub. (2).

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).

4. The occupant protection plan that was prepared prior to the project.

5. A copy of the clearance report under sub. (5) (c) 9.

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.

Note: 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.

(2) Abatement notice to the department.

(a) Timing of notice. The lead abatement supervisor shall submit notice for receipt by the department as follows:

1. For an original notice of abatement, written notice not less than 2 working days before the start of the activity.

2. In an emergency where a health risk warrants immediate action, written or verbal notice before the start of the activity.

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.

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.

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.

(b) Written notice.

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:

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.

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.

c. Lead company details, including name, certification number, address, contact person and telephone number.

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.

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.

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.

4. ‘Rejection of notice.’ The department may reject a notice that is illegible or incomplete.

Note: 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.

Note: Submit lead notices according to form instructions.

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:

a. Start and end dates.

b. Name and certification number of the lead company conducting the activity.

c. Location, including street address, of the dwelling or facility where the activity will be conducted.

2. ‘Official date of verbal notice.’ The official date of a verbal notice shall be the date a department representative receives the verbal notice.

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.

Note: To submit verbal notice, phone 608-261-6876.

(3) Abatement work practices that are prohibited. All of the following work practices are prohibited when performing abatement:

(a) Uncontained abrasive blasting or uncontained sandblasting.

(b) Machine sanding, grinding or planing without a properly operating HEPA-filtered exhaust control.

(d) Using chemical paint strippers containing methylene chloride.

(e) Uncontained high-pressure water blasting or uncontained hydroblasting.

(f) Open-flame burning, torching or charring of paint.

(g) Operating a heat gun on paint at or above 1100° F.

(h) Using an improperly operating HEPA vacuum when cleaning.

(i) Dry sweeping when cleaning.

(4) Abatement work practices that are restricted. A certified person conducting any of the following abatement activities shall comply with the specific work practice restrictions for the activity:

(a) Abrasive blasting or sandblasting. When a certified person conducts abrasive blasting of paint or sandblasting of paint, he or she shall do all of the following:

1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.

2. Use containment to isolate abatement areas from the rest of the property.

(b) Machine chipping, grinding, planing or sanding. When a certified person conducts machine chipping, machine grinding, machine planing or machine sanding of paint, he or she shall do all of the following:

1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.

2. Use engineering controls that contain the dust and debris and that include the use of a properly operating HEPA-filtered exhaust control, such as a shrouded power tool attached to a HEPA vacuum.

3. Use containment for interior work to isolate abatement areas from the rest of the property.

(c) Paint stripping. When a certified person conducts chemical paint stripping, he or she shall follow the manufacturer’s directions and may not use chemical strippers that contain methylene chloride.

Note: Using a chemical paint stripper to remove lead-based paint from a component may force lead into the substrate. Lead-safe work practices should be used when abrading a component from which lead-based paint has been chemically stripped.

(d) Power washing. When a certified person conducts power washing of paint, he or she shall use a containment system to prevent the wastes generated from contaminating soils or surface waters or from becoming airborne and dispersing. The certified person shall separate paint chips and other solid residues from the water, and collect and properly manage the paint chips and other solid residues.

Note: Some local governments prohibit power washing. OSHA and DNR also have regulations that apply to power washing.

(e) Removing a painted component. When, in removing any painted component, excluding removal of painted trim that is not part of a window system or part of a door system, a certified person disturbs more than 2 square feet of lead-based paint, he or she shall use containment to isolate abatement areas from the rest of the property.

(f) Using a heat gun. When a certified person removes paint with a heat gun, he or she shall operate the heat gun at a temperature below 1100° F.

(5) Clearance.

(a) Who may conduct.

1. A certified lead hazard investigator, inspector or risk assessor may conduct clearance for any lead hazard reduction or renovation activity.

2. A lead sampling technician may conduct clearance for renovation or interim control activities.

3. The certified individual conducting clearance shall be associated with a certified lead company.

(b) Prohibitions on who may conduct. The person conducting clearance may not do any of the following:

1. Be the company or associated by employment, contract or other agreement with the company that performs or pre-cleans the lead hazard reduction or renovation activity being cleared.

2. Communicate to others the location where clearance dust wipes will be collected.

3. Be the property owner, an immediate family member, agent or employee of the property owner.

4. Be a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.

5. Be a person hired by or under contract with, or authorized by, the property owner to manage or maintain the property owner’s real property as directed by the property owner.

6. Be a person who has a financial interest in the laboratory results of the sampling.

(c) Clearance protocol. In performing clearance, the certified lead hazard investigator, inspector, risk assessor or sampling technician shall comply with all of the following in an unbiased, objective and impartial manner:

1. ‘Visual inspection of work.’ Perform a visual inspection to determine if work specified in any contract, work plans, orders or other specifications has been completed and if any visible amounts of dust, debris or residue are present. If work has not been completed or if visible amounts of dust, debris or residue are present, the person who performed the activity being cleared shall eliminate these conditions prior to the continuation of the clearance procedures.

2. ‘Timing of sampling.’ Following a successful visual inspection and a minimum of one hour after completion of final cleanup activities, conduct clearance sampling for dust-lead by collecting single-surface dust samples using documented methodologies that incorporate adequate quality control procedures.

3. ‘Location of sampling for work conducted in containment.’

a. In at least 4 rooms, hallways, stairwells or other living areas within the containment area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the containment area, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas within containment.

b. Collect one dust sample from the floor of a common area within containment for every 2,000 square feet of floor, and one dust sample from the floor of a common area outside containment. The dust sample taken outside containment shall be collected within 10 feet of the containment doorway.

4. ‘Location of sampling for work conducted without containment.’

a. In at least 4 rooms, hallways, stairwells or other living areas in or near the work area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the residential dwelling or child-occupied facility, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas.

b. Collect one dust sample from the floor of a common area for every 2,000 square feet of floor.

5. ‘Random sampling in multi-family dwellings.’ Following an interior activity in a multi-family dwelling with similarly constructed and maintained dwelling units, conduct random sampling for purposes of clearance provided that:

a. The persons who perform the activities, including cleanup, do not know which dwelling units will be selected for the random sample.

b. A sufficient number of dwelling units are selected for dust sampling to provide a 95% level of confidence that at least 95% of all dwelling units would pass clearance if all dwelling units were sampled. In a housing complex with more than 1,000 dwelling units, no sampled dwelling unit may fail clearance and a sufficient number of dwelling units shall be selected for dust sampling to provide a 95% level of confidence that no more than 5% of all dwelling units or 50 dwelling units, whichever is smaller, would fail clearance if all dwelling units were sampled.

Note: For assistance in selecting the correct sample size, refer to the most 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.

c. The randomly selected dwelling units are sampled and evaluated for clearance according to the procedures found in par. (c).

6. ‘Visual inspection of exterior work area.’ Following an exterior activity, conduct a visual inspection. All horizontal surfaces on the exterior, including the ground, and all worker pathways shall be found to be cleaned and free of visible dust, debris, residue, and paint chips. If paint chips, dust, debris, or residue are present, the person who conducted the activity being cleared shall properly clean, disposing of any waste according to applicable federal, state and local government requirements.

7. ‘Laboratory analysis.’ Have collected samples analyzed by a recognized laboratory to determine the detectable levels of lead that can be quantified numerically.

8. ‘Interpretation of laboratory results.’ Compare the residual lead level from each dust sample, as determined by laboratory analysis, with the applicable clearance level for lead in dust on floors, interior windowsills and window troughs. If the residual lead level in a dust sample equals or exceeds the applicable clearance level, all of the components represented by the failed sample shall be recleaned or sealed by the person who conducted the activity being cleared and retested by the person conducting clearance until clearance levels are met. For dust wipe samples taken during clearance, clearance is achieved when the laboratory result for a sample is less than the following: