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DHS 163.14 NoteNote: Refer to s. DHS 163.03 (29) for documented methodologies.
DHS 163.14(7)(e)(e) Dust-lead.
DHS 163.14(7)(e)1.1. Collect 4 dust samples from the floors and 4 dust samples from the windows, in rooms, hallways, stairwells or other living areas where a child under 6 years of age is most likely to come into contact with dust.
DHS 163.14(7)(e)2.2. In multi-family dwellings and child-occupied facilities, collect dust samples from common areas where a child under 6 years of age is most likely to come into contact with dust in addition to samples collected under subd. 1.
DHS 163.14(7)(e)3.3. Collect all dust samples by using documented methodologies that incorporate adequate quality control procedures.
DHS 163.14(7)(e)4.4. Have all collected dust samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.
DHS 163.14(7)(f)(f) Lead-based paint hazards. Evaluate the results of the lead hazard screen against the lead-based paint hazard levels under s. DHS 163.15 to determine whether a lead-based paint hazard is present.
DHS 163.14(7)(g)(g) Written report. Within 10 working days after a lead hazard screen or receipt of any required laboratory results, whichever is later, prepare a written lead hazard screen report for submission to the person who contracted for the lead hazard screen. The report shall include all of the following information:
DHS 163.14(7)(g)1.1. Date of the lead hazard screen.
DHS 163.14(7)(g)2.2. Address of each building screened.
DHS 163.14(7)(g)3.3. Date of construction of buildings.
DHS 163.14(7)(g)4.4. Apartment number of units screened, if applicable.
DHS 163.14(7)(g)5.5. Name, address and telephone number of each current owner of each building.
DHS 163.14(7)(g)6.6. Name, address, telephone number, certification number and signature of each certified individual participating in the lead hazard screen.
DHS 163.14(7)(g)7.7. Name, address, telephone number and certification number of the certified lead company conducting the lead hazard screen.
DHS 163.14(7)(g)8.8. Name, address and telephone number of each recognized laboratory conducting analysis of collected samples.
DHS 163.14(7)(g)9.9. Background information collected under par. (c).
DHS 163.14(7)(g)10.10. Results of the visual inspection.
DHS 163.14(7)(g)11.11. Description of testing method and sampling procedure used for paint analysis.
DHS 163.14(7)(g)12.12. Specific locations of each painted component tested for the presence of lead.
DHS 163.14(7)(g)13.13. All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF.
DHS 163.14(7)(g)14.14. A copy of the laboratory report of the analysis of collected paint, soil, and dust samples.
DHS 163.14(7)(g)15.15. A written evaluation of the sample analysis results that were provided by the laboratory.
DHS 163.14(7)(g)16.16. Recommendations, if warranted, for a follow-up risk assessment and, as appropriate, any further actions.
DHS 163.14(8)(8)Lead inspection and partial lead inspection.
DHS 163.14(8)(a)(a) Who may conduct. Only a certified lead inspector or risk assessor associated with a certified lead company may perform an inspection involving target housing or a child-occupied facility. Under direct on-site supervision of a certified lead inspector or risk assessor, a certified lead hazard investigator or sampling technician may assist with an inspection, but may not use an XRF.
DHS 163.14(8)(b)(b) Inspection protocol. In performing an inspection, the certified lead inspector or risk assessor shall comply with all requirements under pars. (c) to (f).
DHS 163.14(8)(c)(c) Locations to test for lead-based paint. Select the following locations by using documented methodologies and test for the presence of lead-based paint:
DHS 163.14(8)(c)1.1. In a dwelling or child-occupied facility, test each interior and exterior testing combination.
DHS 163.14(8)(c)2.2. In a multi-family dwelling or child-occupied facility, also test each interior and exterior testing combination in every common area.
DHS 163.14(8)(c)3.3. When a partial inspection is conducted to determine if lead-safe work practices are required in an area to be renovated, test each interior and exterior testing combination within that area in accordance with subd. 1. or 2. The inspection shall be based on a written contract under s. DHS 163.13 (5) that specifies the limits of the partial inspection. A partial inspection may not be conducted when a certificate of lead-free status is being sought.
DHS 163.14 NoteNote: Refer to s. DHS 163.03 (29) for documented methodologies.
DHS 163.14(8)(d)(d) Paint analysis. Conduct paint analysis by using one or both of the following methods:
DHS 163.14(8)(d)1.1. Analyze paint to determine the presence of lead by using documented methodologies that incorporate adequate quality control procedures.
DHS 163.14(8)(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(8)(e)(e) XRF requirements. When using an XRF, a certified lead inspector or risk assessor shall be trained to operate the specific model of XRF being used and shall do all of the following:
DHS 163.14(8)(e)1.1. Comply with radiation protection requirements under ch. DHS 157.
DHS 163.14(8)(e)2.2. Replace the radiation source of the XRF according to recommendations from the manufacturer.
DHS 163.14(8)(e)3.3. Warm up the XRF according to recommendations from the manufacturer or documented methodologies.
DHS 163.14(8)(e)4.4. Conduct calibration checks according to recommendations from the manufacturer or documented methodologies.
DHS 163.14(8)(e)5.5. Conduct substrate corrections when required.
DHS 163.14(8)(e)6.6. If the XRF provides an inconclusive reading according to the performance characteristics sheet for the make and model of XRF used, assume the painted surface with the inconclusive reading contains lead-based paint unless sampling is required by contract. If a contract under s. DHS 163.13 (5) (d) specifies that sampling for the presence of lead-based paint should be conducted, conduct further testing or sampling and 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.
DHS 163.14(8)(e)7.7. Except as specified under subd. 6., evaluate the results of each XRF reading as follows:
DHS 163.14(8)(e)7.a.a. If the XRF reading exceeds 1 milligram per square centimeter, determine that lead-based paint is present.
DHS 163.14(8)(e)7.b.b. If the XRF reading is less than or equal to 1 milligram per square centimeter, determine that lead-based paint is not present.
DHS 163.14(8)(f)(f) Written report. Within 10 working days after an inspection or receipt of any required laboratory results, whichever is later, prepare a written inspection report for submission to the property owner or owners and to any other person who contracted for the inspection. The report shall include all of the following information:
DHS 163.14(8)(f)1.1. Date of the inspection.
DHS 163.14(8)(f)2.2. Address of building inspected.
DHS 163.14(8)(f)3.3. Date of construction of the building.
DHS 163.14(8)(f)4.4. Apartment numbers of units inspected, if applicable.
DHS 163.14(8)(f)5.5. Name, address and telephone number of the current owner of each residential dwelling or child-occupied facility.
DHS 163.14(8)(f)6.6. Name, address, telephone number, certification number and signature of each certified individual participating in the inspection.
DHS 163.14(8)(f)7.7. Name, address, telephone number and certification number of the certified lead company conducting the inspection.
DHS 163.14(8)(f)8.8. Each testing method and device and each sampling procedure used for paint analysis, including quality control data and, if used, the serial number of any XRF.
DHS 163.14(8)(f)9.9. Specific locations of each painted component tested for the presence of lead-based paint.
DHS 163.14(8)(f)10.10. The results of the inspection expressed in terms appropriate to the sampling method used.
DHS 163.14(8)(f)11.11. A copy of any laboratory report of the analysis of collected paint chips.
DHS 163.14(9)(9)Risk assessment.
DHS 163.14(9)(a)(a) Who may conduct. Only a certified lead hazard investigator or risk assessor associated with a certified lead company may perform a risk assessment 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 risk assessment.
DHS 163.14(9)(b)(b) Risk assessment protocol. A certified lead hazard investigator or risk assessor shall perform a risk assessment according to all the requirements under pars. (c) to (k).
DHS 163.14(9)(c)(c) Presence of lead-based paint. Treat all painted surfaces 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, select and test all of the following locations for the presence of lead-based paint by using documented methodologies:
DHS 163.14(9)(c)1.1. Each testing combination with deteriorated paint.
DHS 163.14(9)(c)2.2. Each interior windowsill.
DHS 163.14(9)(c)3.3. Any other surface that is determined to be a potential lead-based paint hazard.
DHS 163.14 NoteNote: Refer to s. DHS 163.03 (29) for documented methodologies.
DHS 163.14(9)(d)(d) 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(9)(e)(e) Visual inspection. Conduct a visual inspection for risk assessment of the residential dwelling or child-occupied facility to locate the existence of deteriorated paint, assess the extent and causes of the deterioration and identify other potential lead-based paint hazards.
DHS 163.14(9)(f)(f) Dust sampling.
DHS 163.14(9)(f)1.1. ‘Dwellings.’ In dwellings, collect single-surface dust samples from the interior windowsill and floor in each of the following locations:
DHS 163.14(9)(f)1.a.a. The floor where a child under 6 years of age is likely to come into contact with dust, including play areas within rooms, high-traffic walkways, room midpoints and areas underneath windows, in each room or area where a child under 6 years of age is likely to come into contact with dust.
DHS 163.14(9)(f)1.b.b. The interior windowsill of the window that is most frequently operated or most frequently contacted by children under 6 years of age in each room or area where a child under 6 years of age is likely to come into contact with dust.
DHS 163.14(9)(f)1.c.c. Common areas adjacent to the sampled residential dwelling.
DHS 163.14(9)(f)1.d.d. Other common areas in the building where the hazard investigator or risk assessor determines that a child under 6 years of age is likely to come into contact with dust.
DHS 163.14(9)(f)2.2. ‘Child-occupied facilities.’ For child-occupied facilities, collect single-surface dust samples from the interior windowsill and floor in each of the following locations:
DHS 163.14(9)(f)2.a.a. Each room, hallway or stairwell used by a child under 6 years of age.
DHS 163.14(9)(f)2.b.b. Common areas adjacent to the sampled child-occupied facility.
DHS 163.14(9)(f)2.c.c. Other common areas in the child-occupied facility where the hazard investigator or risk assessor determines that a child under 6 years of age is likely to come into contact with dust.
DHS 163.14(9)(g)(g) Soil sampling. Unless assessment of the lead concentration in soil is specifically excluded by a written contract, collect soil samples for analysis of lead concentrations in all of the following locations:
DHS 163.14(9)(g)1.1. Exterior play areas where bare soil is present.
DHS 163.14(9)(g)2.2. The rest of the yard where bare soil is present.
DHS 163.14(9)(g)3.3. Dripline and foundation areas where bare soil is present.
DHS 163.14(9)(h)(h) Documented methodologies. Conduct any paint, dust or soil sampling or testing using documented methodologies that incorporate adequate quality control procedures.
DHS 163.14(9)(i)(i) Analysis by recognized laboratory. Have any collected paint chip, dust or soil samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.
DHS 163.14(9)(j)(j) Presence of a lead-based paint hazard. Determine whether a lead-based paint hazard is present under s. DHS 163.15.
DHS 163.14(9)(k)(k) Written report. Within 10 working days after a risk assessment or receipt of any required laboratory results, whichever is later, prepare a written risk assessment report for submission to the person who contracted for the risk assessment. The report shall include all of the following information:
DHS 163.14(9)(k)1.1. Date of the risk assessment.
DHS 163.14(9)(k)2.2. Address of each building assessed.
DHS 163.14(9)(k)3.3. Date of construction of buildings.
DHS 163.14(9)(k)4.4. Apartment number of units assessed, if applicable.
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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.