Chapter DHS 163

DHS 163.14(11)(j)4.e. e. For uncarpeted floors, thoroughly mop the floor using a 2- or 3-bucket mopping system or a wet mopping system using disposable cloths.

DHS 163.14 Note Note: For documented methodologies for cleaning, refer to the 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(11)(k) (k) Post-activity visual inspection.

DHS 163.14(11)(k)1. 1. A visual inspection of the work area or areas shall be conducted by a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11 (2) (c) after renovation activities and cleaning have been completed.

DHS 163.14(11)(k)2. 2. For interior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present in or around the work areas. If dust, debris or residue is present, these conditions shall be removed by re-cleaning and another visual inspection shall be performed.

DHS 163.14(11)(k)3. 3. For exterior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions shall be eliminated and another visual inspection shall be performed. After the work area or areas pass visual inspection, the activity is considered complete and warning signs may be removed.

DHS 163.14(11)(L) (L) Post renovation cleaning verification for interior work areas. Except as allowed under par. (m), after a successful visual inspection, a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11 (2) (c) shall verify cleaning of all interior work areas by using all of the following procedures:

DHS 163.14(11)(L)1. 1. Verify that each windowsill in the work area has been adequately cleaned by wiping the windowsill with an unused wet disposable cleaning cloth that is damp to the touch and comparing the cleaning cloth to the cleaning verification card.

DHS 163.14(11)(L)1.a. a. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

DHS 163.14(11)(L)1.b. b. If the cleaning cloth is darker than the cleaning verification card, the windowsill has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, either use a new cleaning cloth or fold the used cloth in such a way that an unused surface is exposed and wipe the surface again. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

DHS 163.14(11)(L)1.c. c. If the cleaning cloth is still darker than the cleaning verification card, wait one hour or until the surface has dried completely, whichever is longer.

DHS 163.14(11)(L)1.d. d. After waiting for the windowsill to dry, wipe the sill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

DHS 163.14(11)(L)2. 2. Verify that uncarpeted floors and countertops within the work area have been adequately cleaned by wiping the floors and countertops with an unused wet disposable cleaning cloth. Floors shall be wiped using a long-handled mop designed with a head attachment for wet disposable cleaning cloths. The cleaning cloth shall remain damp at all times while it is being used to wipe the surface for post-activity cleaning verification. If the surface within the work area is larger than 40 square feet, the surface within the work area shall be divided into roughly equal sections that are each less than 40 square feet. Wipe each section separately with a new wet disposable cleaning cloth.

DHS 163.14(11)(L)2.a. a. If the cloth used to wipe that section within the work area matches the cleaning verification card, that section has been adequately cleaned.

DHS 163.14(11)(L)2.b. b. If the cleaning cloth used to wipe a particular section is darker than the cleaning verification card, that section has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, use a new cleaning cloth and wipe that section again. If the cleaning cloth matches or is lighter than the cleaning verification card, that section of the surface has been adequately cleaned.

DHS 163.14(11)(L)2.c. c. If the cleaning cloth used to wipe a particular surface section is still darker than the cleaning verification card after the surface has been re-cleaned, wait for one hour or until the entire section surface has dried completely, whichever is longer.

DHS 163.14(11)(L)2.d. d. After waiting for the entire section surface to dry, wipe the surface with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

DHS 163.14(11)(L)3. 3. When the work area passes the post-renovation cleaning verification, warning signs may be removed.

DHS 163.14(11)(m) (m) Optional dust clearance testing.

DHS 163.14(11)(m)1. 1. Cleaning verification under par. (L) is not required if the contract between the company and the person contracting for the renovation activities or another federal, state, or local law or regulation requires dust clearance sampling at the conclusion of a renovation activity covered by this chapter.

DHS 163.14(11)(m)2. 2. Dust clearance samples for renovation activities shall be collected by a certified lead inspector, lead hazard investigator, lead risk assessor or lead sampling technician following clearance protocol under s. DHS 163.14 (5) (c).

DHS 163.14(11)(m)3. 3. The company performing the renovation shall re-clean or seal work areas and component types that fail dust clearance until the dust clearance sample results are below the clearance standards in s. DHS 163.14 (5) (c) 8.

DHS 163.14(11)(n) (n) Activities conducted after successful cleaning verification or clearance testing. Activities that do not disturb paint, such as re-painting walls that have been properly prepared, are not regulated under this subchapter if they are conducted after cleaning verification has been performed or clearance testing results show dust lead levels below the clearances standards in s. DHS 163.14 (5) (c) 8.

DHS 163.14(11)(o) (o) Emergency renovations.

DHS 163.14(11)(o)1. 1. Emergency renovations are exempt from the warning sign, containment, waste handling, training and certification requirements of this chapter to the extent necessary to respond to the emergency.

DHS 163.14(11)(o)2. 2. Emergency renovations are not exempt from the cleaning requirements of this subsection, which shall be performed by certified lead-safe renovators or individuals trained by a certified renovator, the cleaning verification requirements of this subsection, which shall be performed by certified renovators, or the recordkeeping requirements under s. DHS 163.13 (3) (c).

DHS 163.14(11)(p) (p) Use of paint test kits. When requested by the party contracting for renovation services, the certified renovator may use only a department-recognized paint test kit to determine whether components and surfaces to be affected by the renovation activities contain lead-based paint. The certified renovator shall test each distinct component and surface to be affected, follow the manufacturer’s instructions for use of the paint test kit, and document and maintain the records required under s. DHS 163.13 (3) (c) 11.

DHS 163.14(11)(q) (q) Records. The company shall prepare, maintain and distribute records as required under s. DHS 163.13 (3) (c).

DHS 163.14 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; CR 03-019: am. (1) (g), (5) (c) 8. c. and (9) (g), cr. (9) (g) 3. Register July 2003 No. 571, eff. 8-1-03; correction in (8) (e) 1. made under s. 13.93 (2m) (b) 7., Stats., Register July 2003 No. 571; corrections in (1) (k) 3. and (8) (e) 1. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; EmR0928: emerg. renum. (1) (c) 1. to be (1) (c) and am., r. (1) (c) 2., am. (5) (a) 1. to 3., (b) 1., 2., (c) 3. a., 4. a., 8. (intro.), 10. (title), (intro.), and c. to e., r. and recr. (5) (b) 3., cr. (5) (b) 4. to 6., (10) and (11), eff. 10-16-09; CR 09-085: renum. (1) (c) 1. to be (1) (c) and am., r. (1) (c) 2., am. (5) (a) 1. to 3., (b) 1., 2., (c) 3. a., 4. a., 8. (intro.), 10. (title), (intro.), and c. to e., r. and recr. (5) (b) 3., cr. (5) (b) 4. to 6., (10) and (11) Register March 2010 No. 651, eff. 4-1-10; correction in (11) (a) 4. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 10-110: r. and recr. (1) (e), r. (1) (f), am. (1) (h) (title), (i), r. and recr. (1) (k), am. (1) (m) 3., (2) (title), (a) (intro.), 1. to 4., cr. (2) (a) 5., am. (2) (b) (title), 1. (intro.) to 4., (c) (title), 1. (intro.) to 3., (3) (h), (i), (5) (c) 6., 8. a., cr. (5) (c) 8. am., am. (5) (c) 8. b., c., cr. (5) (c) 9. cm., cr., am. (5) (c) 9. d., r. (5) (c) 9. e., am. (7) (d) (intro.), 1., 3., (g) 14., r. and recr. (7) (g) 15., am. (8) (title), (c) 1. to 3., (e) 6., 7. a., b., (f) (intro.), cr. (8) (f) 11., am. (9) (c), (e), r. and recr. (10) (a), r. (10) (b), (c), am. (11) (a) 1. to 3., (f) 1., 4., (g) 1., 4., r. (11) (g) 5., am. (11) (h) 4., 6., 7. Register June 2021 No. 786, eff. 7-1-21; (1) (e) 5. (title) created under s. 13.92 (4) (b) 2., Stats., correction in (10) (a) 1. b. made under s. 35.17, Stats., and correction in (10) (e) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2021 No. 786.

DHS 163.15 DHS 163.15 Lead-based paint hazard standards.

DHS 163.15(1) (1) Dust-lead hazard. A dust-lead hazard is present when one of the following applies:

DHS 163.15(1)(a) (a) Lead hazard screen. For dust wipe samples taken during a lead hazard screen, the arithmetic mean of laboratory results is equal to or greater than the following:

DHS 163.15(1)(a)1. 1. Ten micrograms per square foot (10 mg/ft2) on a floor.

DHS 163.15(1)(a)2. 2. Fifty micrograms per square foot (50 mg/ft2) on an interior windowsill.

DHS 163.15(1)(b) (b) Risk assessment. For dust wipe samples taken during a risk assessment, the arithmetic mean of laboratory results is equal to or greater than the following:

DHS 163.15(1)(b)1. 1. Ten micrograms per square foot (10 mg/ft2) on a floor.

DHS 163.15(1)(b)2. 2. One hundred micrograms per square foot (100 mg/ft2) on an interior windowsill.

DHS 163.15(2) (2) Soil-lead hazard. A soil–lead hazard is present when the laboratory result for a bare soil sample is equal to or greater than any of the following:

DHS 163.15(2)(a) (a) Four hundred parts per million (400 ppm) for the soil-lead concentration from a composite sample of bare soil in a play area.

DHS 163.15(2)(b) (b) One thousand two hundred parts per million (1,200 ppm) for the arithmetic mean lead concentration from one or more composite samples of bare soil from the rest of the yard.

DHS 163.15(3) (3) Lead-based paint hazard. A lead-based paint hazard is present when any of the following applies:

DHS 163.15(3)(a) (a) A friction surface is subject to abrasion and the dust-lead levels on the nearest horizontal surface underneath the friction surface are equal to or greater than the dust-lead hazard levels under sub. (1).

DHS 163.15(3)(b) (b) A chewable lead-based painted surface bears evidence of teeth marks.

DHS 163.15(3)(c) (c) There is any damaged or deteriorated lead-based paint on an impact surface that is caused by impact from a related building component.

DHS 163.15(3)(d) (d) There is any other deteriorated lead-based paint in any dwelling or child-occupied facility or on the exterior of any dwelling or child-occupied facility.

DHS 163.15 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; CR 03-019: am. (2), cr. (3) Register July 2003 No. 571, eff. 8-1-03; CR 19-110: am. (1) (a) 1. to 2. and (b) 1. to 2. Register June 2021 No. 786, eff. 7-1-21.

DHS 163.16 DHS 163.16 Recognized paint test kits for renovation. The department recognizes paint test kits that have been tested and determined by the EPA Environmental Technology Verification Program, or other equivalent EPA approved testing program, to meet the EPA response criteria.

DHS 163.16 History History: EmR0928: emerg. cr. eff. 10-16-09; CR 09-085: cr. Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), r. (2), (3) Register June 2021 No. 786, eff. 7-1-21; (1) (title) repealed under s. 13.92 (4) (b) 2., Stats., and (1) renumbered to DHS 163.13 under s. 13.92 (4) (b) 1., Stats., Register June 2021 No. 786.

subch. III of ch. DHS 163 Subchapter III — Accreditation of Lead Training Courses and Approval of Training Managers and Instructors

DHS 163.20 DHS 163.20 Accreditation requirements.

DHS 163.20(1) (1) Requirement for accreditation. No person may offer, advertise, claim to provide or conduct a lead training course that is represented as qualifying any person for certification to perform a regulated renovation, lead hazard reduction, or lead investigation activity in this state unless that training course has received accreditation from the department, has an approved principal instructor, uses only approved instructors and the training provider is owned by or employs an approved training manager.

DHS 163.20(2) (2) Only training courses. Department accreditation is provided only for a specific training course designed for individuals seeking certification or recertification in a discipline under s. DHS 163.10 (2).

DHS 163.20(3) (3) Only in-state courses. The department may grant training course accreditation only to training courses conducted in Wisconsin.

DHS 163.20(4) (4) Types of courses.

DHS 163.20(4)(a) (a) Separate accreditation. Separate accreditation is required for each training course, whether an initial course or a refresher course. A separate application under s. DHS 163.21 is also required for each course. A training provider may have no more than one application for course accreditation submitted for review at a time.

DHS 163.20(4)(b) (b) Initial training course. Accreditation of an initial training course shall be granted for a specific course under sub. (8) (a) or (b) that meets all requirements of this chapter.

DHS 163.20(4)(c) (c) Refresher training course. A refresher training course shall be separate and distinct from the initial training course, be for a specific course under sub. (8) (c) and meet all requirements of this chapter.

DHS 163.20(4)(d) (d) Course disciplines. A person may seek accreditation from the department to offer lead training courses in any of the following disciplines:

DHS 163.20(4)(d)1. 1. Lead-safe renovation initial and lead-safe renovator refresher.

DHS 163.20(4)(d)2. 2. Lead-safe renovation initial and lead-safe renovator refresher conducted in a language other than English.

DHS 163.20(4)(d)3. 3. Lead abatement work initial and lead abatement worker refresher.

DHS 163.20(4)(d)4. 4. Lead abatement work initial and lead abatement worker refresher conducted in a language other than English.

DHS 163.20(4)(d)5. 5. Lead abatement supervision initial and lead abatement supervisor refresher.

DHS 163.20(4)(d)6. 6. Lead project design initial and lead project designer refresher.

DHS 163.20(4)(d)7. 7. Lead sampling initial and lead sampling technician refresher.

DHS 163.20(4)(d)8. 8. Lead inspection initial and lead inspector refresher.

DHS 163.20(4)(d)9. 9. Lead hazard investigation initial and lead hazard investigator refresher.

DHS 163.20(4)(d)10. 10. Lead risk assessor refresher.

DHS 163.20(5) (5) Training resources. An accredited training course shall be conducted using facilities, equipment and instructional materials that promote the learning objectives for which the course is offered.

DHS 163.20(5)(a) (a) Facilities shall have appropriate space for classroom and hands-on training.

DHS 163.20(5)(b) (b) Instructional material shall be department-approved, include only materials currently approved, and be kept updated with new information provided by the department.

DHS 163.20(5)(c) (c) Equipment shall be appropriate for demonstrating and conducting the required work practices under s. DHS 163.14, maintained in proper working condition, and licensed and stored in compliance with any applicable requirements and regulations.

DHS 163.20(5)(d) (d) Students shall be given the department-approved student manual and any other approved handouts to take with them. Students shall also be given a paper copy of this chapter unless the student agrees to accept an electronic copy.

DHS 163.20(6) (6) Approved training manager. The training provider shall have an approved training manager under s. DHS 163.24 (2). The training manager shall be responsible for all administrative duties under s. DHS 163.25. The actions of the training manager shall be deemed actions of the training provider company.

DHS 163.20(7) (7) Approved instructors.

DHS 163.20(7)(a) (a) Principal instructor. Each training course offered shall have a principal instructor who is approved under s. DHS 163.24 (3) and designated by the training manager under s. DHS 163.25 (5). The principal instructor has the primary responsibility for the organization and teaching of the course and for direct supervision of all guest instructors for the course. An individual may not act as a principal instructor for 2 or more concurrently conducted training courses.

DHS 163.20(7)(b) (b) Guest instructor. Under s. DHS 163.25 (4), a training manager may designate a guest instructor to teach under the direct supervision of a principal instructor or to assist a principal instructor with hands-on instructional activities of a course. A guest instructor shall meet the qualifications under s. DHS 163.24 (4).

DHS 163.20(7)(c) (c) Instructors for hands-on instructional activities and skills assessment. An accredited training course shall meet or exceed all of the following instructor requirements for hands-on activities:

DHS 163.20(7)(c)1. 1. ‘Principal instructor.’ At least one principal instructor shall provide direct supervision of each hands-on instructional activity and skills assessment.

DHS 163.20(7)(c)2. 2. ‘Student-to-instructor ratio.’ A student-to-instructor ratio of not greater than 8:1 shall be maintained during initial course hands-on instructional activities and hands-on skills assessment but may need to be less when necessary to ensure adequate instruction and observation of student performance. A student-to-instructor ratio of not greater than 12:1 shall be maintained during refresher course hands-on instructional activities and hands-on skills assessment but may need to be less when necessary to ensure adequate instruction and observation of student performance.

DHS 163.20(7)(c)3. 3. ‘Guest instructors.’ Guest instructors may assist the principal instructor with hands-on instructional activities and skills assessment.

DHS 163.20(8) (8) Training course curricula.

DHS 163.20(8)(a) (a) Required learning objectives for courses leading to certification in lead-safe renovation and lead hazard reduction disciplines. An accredited training course that meets a training requirement under s. DHS 163.11 for certification as a lead-safe renovator, lead abatement worker, lead abatement supervisor or lead project designer shall include all work practice standards under s. DHS 163.14 for the discipline. A training course shall be based on department-approved curricula and shall meet or exceed the applicable minimum curriculum requirements, including both the minimum number of course training hours and the minimum number of hands-on training hours, as follows:

DHS 163.20(8)(a)1. 1. ‘Lead-safe renovation course.’ A lead-safe renovation course shall provide a minimum of 8 training hours. The course shall include lectures, demonstrations, a minimum of 2 hours of hands-on practice, hands-on skills assessment, a course review and a written course test. The course shall provide instruction and materials that address all of the following student learning goals and objectives:

DHS 163.20(8)(a)1.a. a. Define lead-based paint.

DHS 163.20(8)(a)1.b. b. Describe the symptoms of lead poisoning and health risks to children and adults exposed to lead.

DHS 163.20(8)(a)1.c. c. Explain why lead, dust and debris are a special concern in housing and child-occupied facilities.

DHS 163.20(8)(a)1.d. d. Identify the clearance standards for floors, interior window sills and window troughs.

DHS 163.20(8)(a)1.e. e. Discuss the EPA, HUD and OSHA lead regulations and their relation to renovation activities.