DHS 163.40(2)(c)5.5. ‘Conducting sampling or testing.’ If sampling or testing of paint is conducted on registered lead-free property or registered lead-safe property, the certified individual shall use documented methodologies that incorporate adequate quality control procedures to do one of the following: DHS 163.40(2)(c)5.a.a. Using the procedures under s. DHS 163.14 (8), test the paint with an XRF and, if the XRF reading is more than 1 milligram lead per square centimeter, determine that lead-based paint is present. If the reading is less than or equal to 1 milligram lead per square centimeter, determine that lead-based paint is not present. When a reading is in the inconclusive range for the XRF used, treat the paint as lead-based paint unless a paint chip sample taken under subd. 5. b. results in a determination that lead-based paint is not present. DHS 163.40(2)(c)5.b.b. Collect a paint chip sample; have the paint chip sample analyzed by a recognized laboratory to determine detectable levels of lead that can be quantified numerically; and determine that lead-based paint is present if the laboratory result for the paint chip sample is more than 0.5% lead by weight. If the laboratory result for the paint chip sample is equal to or less than 0.5% lead by weight, determine that lead-based paint is not present. DHS 163.40(3)(a)(a) Requirement to transfer. When a person obtains both equitable title and legal possession of a registered lead-free property or registered lead-safe property, any certificate issued to the previous property owner is no longer in effect unless transferred under par. (b). DHS 163.40(3)(b)1.1. To request a transfer of ownership and an amended certificate, one of the new property owners shall submit a signed and dated written notice of the change in ownership of the property to the department within 60 days after the date on which the new property owner obtains both equitable title and legal possession of a registered lead-free property or registered lead-safe property. In the written notice, the property owner who provides the notice shall provide the names and mailing addresses of the property owners or the name and mailing address of the authorized representative of the property owners. DHS 163.40(3)(c)(c) Amended certificate. After receiving a written notice and fee under par. (b), the department shall issue an amended certificate that reflects the change in the ownership of the property. DHS 163.40(3)(d)(d) Maintaining a certificate of lead-safe status. The new owners shall comply with the conditions for maintaining the certificate under s. DHS 163.42 until the certificate expires or is terminated or revoked. DHS 163.40 NoteNote: Along with the amended certificate, the department will send the new owners information about the conditions for maintaining the certificate.
DHS 163.40(5)(5) Voluntary termination of a certificate. To voluntarily terminate a certificate of lead-free status or to terminate a certificate of lead-safe and the requirement to comply with conditions for maintaining a certificate of lead-safe status, the property owner shall return the original certificate and any existing copies to the department with a signed and dated notice to terminate the certificate. The certificate is no longer in effect on the date the department receives the notice. DHS 163.40 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1), (2) (c) 2., 3. b. and 5. a., r. (2) (a), (c) 1., 4., and (4), eff. 10-16-09; CR 09-085: am. (1), (2) (c) 2., 3. b. and 5. a., r. (2) (a), (c) 1., 4., and (4) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (2) (c) 2., 5. a., b. Register June 2021 No. 786, eff. 7-1-21. DHS 163.41DHS 163.41 Certificate of lead-free status. DHS 163.41(1)(1) Registered lead-free property standards. All registered lead-free property shall meet all of the following standards: DHS 163.41(1)(a)(a) Painted components. Painted components shall be free of lead-based paint, as determined by a lead-free inspection under sub. (2). DHS 163.41(1)(b)(b) Dust from removal of paint or components. Property shall be free of a dust-lead hazard created by removal of lead-based paint or lead-based paint components, as determined by a lead-free inspection under sub. (2). DHS 163.41(2)(2) issuance of lead-free certificate. All of the following apply to issuing a certificate of lead-free status: DHS 163.41(2)(a)1.1. ‘Who may conduct.’ A lead-free inspection shall be conducted by a certified lead inspector or lead risk assessor associated with a certified lead company. Under direct on-site supervision of a certified lead inspector or risk assessor, a certified lead hazard investigator or sampling technician may assist with a lead-free inspection but may not use an XRF. Certified individuals involved with conducting a lead-free inspection shall conduct it in an unbiased, objective and impartial manner. All persons involved with conducting the lead-free inspection shall meet the requirements under s. DHS 163.40 (2) (c) 3. DHS 163.41(2)(a)2.2. ‘Locations inspected.’ The registered lead-free property covered by a certificate is limited to those locations subject to the lead-free inspection under one of the following subd. pars., except that all dwelling units are included when a random selection process under subd. 2. c. is successfully used: DHS 163.41(2)(a)2.a.a. When a certificate of lead-free status is being sought for a single dwelling unit, the locations inspected shall include the dwelling unit for which the certificate is being sought and all interior and exterior common areas for the real property associated with the dwelling. DHS 163.41(2)(a)2.b.b. When a certificate of lead-free status is being sought for an entire multi-family dwelling, the locations inspected shall include all dwelling units unless subd. 2. c. applies, and shall include all interior and exterior common areas for the real property associated with the dwelling. DHS 163.41(2)(a)2.c.c. When a certificate of lead-free status is being sought for a multi-family dwelling with more than 20 dwelling units that are similar in construction, age and have a common painting history, the locations inspected shall include either all dwelling units or a subset of the dwelling units selected using the random selection process, and shall include all interior and exterior common areas for the real property associated with the dwelling. When the random selection process is used for dwellings built before 1960, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 95% of all dwelling units would meet the standard for registered lead-free property if all dwelling units were investigated. When the random selection process is used for dwellings built in 1960 or later, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 90% of all dwelling units would meet the standard for registered lead-free property if all dwelling units were investigated. If any dwelling unit included in the lead-free inspection does not meet the standard, a certificate of lead-free status may not be issued. If conditions in the failed dwelling unit are corrected, conduct a new lead-free inspection that includes a new selection of dwelling units chosen using the random selection process. DHS 163.41 NoteNote: For assistance in selecting the correct number of dwelling units to include in the lead-free inspection, 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. At the first instance that a property fails a lead-free inspection, follow the actions agreed upon in the contract under s. DHS 163.13 (5) (e). Actions that might be required in the contract include the following: stop the lead-free inspection, continue with the lead-free inspection or a lead inspection to discover other sources of lead-based paint, or convert the lead-free inspection to a lead-safe risk assessment. DHS 163.41(2)(a)2.d.d. When a certificate of lead-free status is being sought for a premises that is not a dwelling, such as a child-occupied facility, the locations inspected shall include all interior and exterior common areas for the real property associated with the premises where an occupant of the child-occupied facility might be exposed to a lead-based paint hazard. DHS 163.41 NoteNote: Subd. 2. a. to c. apply only to dwellings and subd. 2. d. applies only to other premises that are not dwellings, such as child-occupied facilities.
DHS 163.41(2)(a)2.e.e. The lead-free inspection may incorporate a determination from a prior lead investigation activity that lead-based paint is not present on a painted component when the prior investigation activity meets the requirements under s. DHS 163.40 (2) (c) 3.