Chapter DHS 163

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:

DHS 163.14(5)(c)9.a. a. Date and time of the clearance.

DHS 163.14(5)(c)9.b. b. Address of the job site, including street address and unit number when applicable.

DHS 163.14(5)(c)9.c. c. Name, address, telephone number and certification number of each individual and lead company conducting the clearance and signature of each certified lead hazard investigator, inspector, risk assessor or sampling technician.

DHS 163.14(5)(c)9.cm. cm. The description and results of the visual inspection for the presence of visible dust, debris, residue, or paint chips and the presence of deteriorated paint.

DHS 163.14(5)(c)9.cr. cr. The specific locations on the property where clearance samples were taken.

DHS 163.14(5)(c)9.d. d. A copy of the laboratory report with the results of clearance testing and, if applicable, all soil analyses. The clearance report shall include the name, address and telephone number of each laboratory that conducted the analyses.

DHS 163.14(5)(c)10. 10. ‘Preparation of report following clearance of interim controls or renovation activities.’ Within 10 working days after clearance of interim controls or renovation activities 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:

DHS 163.14(5)(c)10.a. a. All information under subd. 9.

DHS 163.14(5)(c)10.b. b. The start and completion dates of the non-abatement lead-based paint activity.

DHS 163.14(5)(c)10.c. c. The name and address of each company conducting the interim controls or renovation activities.

DHS 163.14(5)(c)10.d. d. The name and department certification number of the person in charge of the work.

DHS 163.14(5)(c)10.e. e. A description of the interim controls or renovation activities.

DHS 163.14(5)(c)11. 11. ‘Submission of clearance results involving registered lead-safe property.’ Within 10 working days after receipt of clearance results involving a registered lead-safe property, the certified person who conducted the clearance shall submit all of the following clearance information to the department on a form obtained from the department:

DHS 163.14(5)(c)11.a. a. The registered lead-safe property identification number as shown on the lead-safe certificate.

DHS 163.14(5)(c)11.b. b. The address of the property as shown on the lead-safe certificate.

DHS 163.14(5)(c)11.c. c. The name and lead certification identification number of the primary person who conducted the clearance.

DHS 163.14(5)(c)11.d. d. The name and department-issued lead identification number of the recognized laboratory that processed the clearance samples.

DHS 163.14(5)(c)11.e. e. The clearance results as reported by the recognized laboratory.

DHS 163.14 Note Note: Submit required information by mail to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445, by email to [e-mail], or by fax to 608-266-9711.

DHS 163.14(6) (6) Elevated blood lead investigation.

DHS 163.14(6)(a) (a) Who may conduct. Only a certified lead hazard investigator or risk assessor may perform an elevated blood lead investigation.

DHS 163.14(6)(b) (b) Elevated blood lead investigation protocol. An elevated blood lead investigation in response to a child with lead poisoning shall be conducted according to documented methodologies consistent with funding criteria and guidance issued to public health agencies by the department.

DHS 163.14(7) (7) Lead hazard screen.

DHS 163.14(7)(a) (a) Who may perform. Only a certified lead hazard investigator or risk assessor associated with a certified lead company may perform a lead hazard screen involving target housing or a child-occupied facility. Under direct on-site supervision of a certified lead hazard investigator or risk assessor, a certified lead inspector or sampling technician may assist with a lead hazard screen.

DHS 163.14(7)(b) (b) Lead hazard screen protocol. In performing a lead hazard screen, the certified lead hazard investigator or risk assessor shall comply with all requirements under pars. (c) to (g).

DHS 163.14(7)(c) (c) Background information. Collect background information on the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to a child under 6 years of age.

DHS 163.14(7)(d) (d) Deteriorated paint. Conduct a visual inspection of the real property to determine if any deteriorated paint is present. Treat untested deteriorated paint as lead-based paint. If a contract under s. DHS 163.13 (5) (d) specifies that sampling for the presence of lead-based paint should be conducted, do all of the following:

DHS 163.14(7)(d)1. 1. Use documented methodologies that incorporate adequate quality control procedures to sample or test each testing combination with deteriorated paint.

DHS 163.14(7)(d)2. 2. Have all collected paint chip samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.

DHS 163.14(7)(d)3. 3. Determine that lead-based paint is present if the laboratory results are more than 0.5% lead by weight or that lead-based paint is not present if the laboratory results are equal to or less than 0.5% lead by weight.