Chapter DHS 163

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 Note Note: 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.

DHS 163.14(9)(k)5. 5. Name, address and telephone number of each current owner of each building.

DHS 163.14(9)(k)6. 6. Name, address, telephone number, certification number and signature of each certified individual participating in the risk assessment.

DHS 163.14(9)(k)7. 7. Name, address, telephone number and certification number of the certified lead company conducting the risk assessment.

DHS 163.14(9)(k)8. 8. Name, address and telephone number of each recognized laboratory conducting analysis of collected samples.

DHS 163.14(9)(k)9. 9. Results of the visual inspection.

DHS 163.14(9)(k)10. 10. Description of testing method and sampling procedure used for paint analysis.

DHS 163.14(9)(k)11. 11. Specific locations of each painted component tested for the presence of lead.

DHS 163.14(9)(k)12. 12. All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF.

DHS 163.14(9)(k)13. 13. All results of laboratory analysis on collected paint, soil and dust samples.

DHS 163.14(9)(k)14. 14. Any other sampling results.

DHS 163.14(9)(k)15. 15. Any background information collected under par. (d).

DHS 163.14(9)(k)16. 16. To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint or other assessments of lead-based paint-related hazards.

DHS 163.14(9)(k)17. 17. A description of the location, type and severity of identified lead-based paint hazards and any other potential lead hazards.

DHS 163.14(9)(k)18. 18. A description of lead hazard reduction options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

DHS 163.14(10) (10) Information distribution requirements for renovation activities. Except for emergency renovations, for which the pre-renovation information distribution requirements do not apply, the requirements of this subsection shall be met as follows:

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.