Chapter DHS 163

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

DHS 163.14(1)(m)5. 5. A copy of the clearance report under sub. (5) (c) 9.

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 Note 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.

DHS 163.14(2) (2) Abatement notice to the department.

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) (b) Written notice.

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 Note 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.

DHS 163.14 Note Note: Submit lead notices according to form instructions.

DHS 163.14(2)(c) (c) Verbal notice.

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.a. a. Start and end dates.

DHS 163.14(2)(c)1.b. b. Name and certification number of the lead company conducting the activity.

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 Note Note: To submit verbal notice, phone [phone].

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)(a) (a) Uncontained abrasive blasting or uncontained sandblasting.

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.

DHS 163.14(3)(f) (f) Open-flame burning, torching or charring of paint.

DHS 163.14(3)(g) (g) Operating a heat gun on paint at or above 1100° F.

DHS 163.14(3)(h) (h) Using an improperly operating HEPA vacuum when cleaning.

DHS 163.14(3)(i) (i) Dry sweeping when cleaning.

DHS 163.14(4) (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:

DHS 163.14(4)(a) (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:

DHS 163.14(4)(a)1. 1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.

DHS 163.14(4)(a)2. 2. Use containment to isolate abatement areas from the rest of the property.

DHS 163.14(4)(b) (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:

DHS 163.14(4)(b)1. 1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.

DHS 163.14(4)(b)2. 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.

DHS 163.14(4)(b)3. 3. Use containment for interior work to isolate abatement areas from the rest of the property.

DHS 163.14(4)(c) (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.

DHS 163.14 Note 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.

DHS 163.14(4)(d) (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.

DHS 163.14 Note Note: Some local governments prohibit power washing. OSHA and DNR also have regulations that apply to power washing.

DHS 163.14(4)(e) (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.

DHS 163.14(4)(f) (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.

DHS 163.14(5) (5) Clearance.

DHS 163.14(5)(a) (a) Who may conduct.

DHS 163.14(5)(a)1. 1. A certified lead hazard investigator, inspector or risk assessor may conduct clearance for any lead hazard reduction or renovation activity.

DHS 163.14(5)(a)2. 2. A lead sampling technician may conduct clearance for renovation or interim control activities.

DHS 163.14(5)(a)3. 3. The certified individual conducting clearance shall be associated with a certified lead company.

DHS 163.14(5)(b) (b) Prohibitions on who may conduct. The person conducting clearance may not do any of the following:

DHS 163.14(5)(b)1. 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.

DHS 163.14(5)(b)2. 2. Communicate to others the location where clearance dust wipes will be collected.

DHS 163.14(5)(b)3. 3. Be the property owner, an immediate family member, agent or employee of the property owner.

DHS 163.14(5)(b)4. 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.

DHS 163.14(5)(b)5. 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.

DHS 163.14(5)(b)6. 6. Be a person who has a financial interest in the laboratory results of the sampling.

DHS 163.14(5)(c) (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:

DHS 163.14(5)(c)1. 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.

DHS 163.14(5)(c)2. 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.

DHS 163.14(5)(c)3. 3. ‘Location of sampling for work conducted in containment.’

DHS 163.14(5)(c)3.a. 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.

DHS 163.14(5)(c)3.b. 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.

DHS 163.14(5)(c)4. 4. ‘Location of sampling for work conducted without containment.’

DHS 163.14(5)(c)4.a. 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.

DHS 163.14(5)(c)4.b. b. Collect one dust sample from the floor of a common area for every 2,000 square feet of floor.

DHS 163.14(5)(c)5. 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:

DHS 163.14(5)(c)5.a. a. The persons who perform the activities, including cleanup, do not know which dwelling units will be selected for the random sample.

DHS 163.14(5)(c)5.b. 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.

DHS 163.14 Note 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.

DHS 163.14(5)(c)5.c. c. The randomly selected dwelling units are sampled and evaluated for clearance according to the procedures found in par. (c).

DHS 163.14(5)(c)6. 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.

DHS 163.14(5)(c)7. 7. ‘Laboratory analysis.’ Have collected samples analyzed by a recognized laboratory to determine the detectable levels of lead that can be quantified numerically.

DHS 163.14(5)(c)8. 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:

DHS 163.14(5)(c)8.a. a. Ten micrograms per square foot (10 mg/ft2) on an interior floor.

DHS 163.14(5)(c)8.am. am. Forty micrograms per square foot (40 mg/ft2) on a porch floor.

DHS 163.14(5)(c)8.b. b. One hundred micrograms per square foot (100 mg/ft2) on an interior windowsill.

DHS 163.14(5)(c)8.c. c. One hundred micrograms per square foot (100 mg/ft2) on window wells or troughs.

DHS 163.14(5)(c)9. 9. ‘Preparation of report following clearance of activities involving abatement.’ Within 10 working days after clearance of activities involving abatement or within 10 working days after receipt of any required laboratory results, whichever is later, prepare a written clearance report for submission to the person who conducted the activities being cleared and to the property owner or the person who contracted for the clearance. The report shall include all of the following information: