DHS 163.42(2)(a)10.a.a. Exterior play areas where bare soil is present.
DHS 163.42(2)(a)10.b.b. The rest of the yard where bare soil is present.
DHS 163.42(2)(a)10.c.c. Dripline and foundation areas where bare soil is present.
DHS 163.42(2)(a)11.11. ‘Analysis by a recognized laboratory.’ Have any collected paint chip, dust or soil samples analyzed by a recognized laboratory to determine any detectable levels of lead that can be quantified numerically.
DHS 163.42(2)(b)(b) Submission of registration form. Following instructions provided by the department, a lead company shall complete and submit the lead-safe investigation registration form to the department within 10 working days of completing the lead-safe investigation or receiving any laboratory results, whichever is later. The registration form shall be submitted using an electronic format provided by the department or an alternative method approved by the department.
DHS 163.42(2)(c)(c) Verification of qualification and registration. The lead company shall follow the instructions provided by the department to issue the certificate of lead-safe status to the property owner within 10 days after receiving verification of qualification and registration from the department.
DHS 163.42(2)(d)(d) Effective date.
DHS 163.42(2)(d)1.1. If a certified lead company conducts a lead-safe investigation and submits the registration form to the department under par. (b) within 10 working days after completion of the lead-safe investigation, including receipt of any laboratory results, and if the department determines the dwelling unit, dwelling or premises meets the standards for registered lead-safe property, the certificate shall be valid on the date the on-site sampling was completed.
DHS 163.42(2)(d)2.2. If a lead company fails to submit the registration form within 10 working days under (b), the certificate shall be valid on the date the dwelling unit, dwelling or premises met the standards, as determined by the department based on evidence submitted by the property owner or lead company.
DHS 163.42(2)(e)(e) Expiration date.
DHS 163.42(2)(e)1.1. ‘General criteria for determining the expiration date.’ For property meeting the registered lead-safe property standards under sub. (1), a certificate of lead-safe status shall be given an expiration date based on the component that is most likely to cause or become a lead-based paint hazard before any other component. A component that is proven to be lead-free shall be excluded from consideration. A component that has been enclosed or encapsulated according to documented methodologies shall be excluded from consideration under subds. 1. to 5. To determine the expiration date, select the shortest duration under subds. 2. to 7. based only on the components subject to the lead-safe investigation under sub. (2) (a) 2.
DHS 163.42(2)(e)2.2. ‘Nine months.’ The presence of paint on an impact or friction surface of a window well or trough, window channel, or window sash shall result in a certificate of lead-safe status being issued for no more than 9 months when paint is not proven to be lead-free and the painted surface is not enclosed by a durable material that protects the paint from impact and abrasion.
DHS 163.42 NoteNote: The 9-month certificate is intended to allow recognition of temporary measures, such as removing dust-lead and debris created by impact and friction, while more permanent lead hazard reduction continues. Under sub. (4), no more than 2 applications for a 9-month certificate may be submitted unless the property owner provides the department with a reason why an additional 9-month certificate is necessary.
DHS 163.42(2)(e)3.3. ‘One year.’ The presence of any of the following conditions shall result in a certificate of lead-safe status being issued for no more than one year unless the paint is proven to be lead-free:
DHS 163.42(2)(e)3.a.a. In a dwelling unit or common area, paint is present on a floor and the painted surface is not covered by an intact lead-free topcoat or by a durable material or carpeting that protects the paint from abrasion.
DHS 163.42(2)(e)3.b.b. In a dwelling unit or common area, paint is present under an intact lead-free topcoat of the traffic area of a stair tread and the painted surface is not covered by a durable material or carpeting that protects the paint from abrasion.
DHS 163.42(2)(e)3.c.c. Paint is present on a drawer of a built-in cabinet, malfunctioning door, or on any other interior friction surface not otherwise described and the painted friction surface is not covered by a durable material that protects the paint from abrasion.
DHS 163.42(2)(e)4.4. ‘Three years.’ The presence of any of the following conditions shall result in a certificate of lead-safe status being issued for no more than 3 years unless the paint is proven to be lead-free:
DHS 163.42(2)(e)4.a.a. Paint is present on an exterior sill, interior sill or stool, casing, head, jamb, glazing, caulk, putty or any other component of a window that is not an impact or friction surface under subd. 1.
DHS 163.42(2)(e)4.b.b. Paint is present and exposed on any exterior horizontal surface or any of the following exterior components: floor, porch, stair system.
DHS 163.42(2)(e)4.c.c. Other than paint on a window well or trough under subd. 1., paint is present and exposed to damage by the impact of another component striking the painted component, such as a door striking a baseboard or chair rail.
DHS 163.42(2)(e)4.d.d. Paint is present on an interior or exterior door.
DHS 163.42(2)(e)4.e.e. A component shows evidence of mold, mildew, moisture or water damage where paint is present, but no evidence of an active leak.
DHS 163.42(2)(e)4.f.f. In a dwelling unit or common area, paint is present under an intact lead-free topcoat of a floor and the painted surface is not covered by a durable material or carpeting that protects the paint from abrasion.
DHS 163.42(2)(e)4.g.g. In an enclosed area that is locked and secured against access by occupants other than the property owner or the property owner’s family, agent or employee, paint is present on a floor or the traffic area of a stair tread and the painted surface is not covered by a lead-free topcoat or by a durable material or carpeting that protects the paint from abrasion.
DHS 163.42(2)(e)5.5. ‘Five years.’ Unless the paint is proven to be lead-free, the presence of paint on an exterior component not described under subds. 1. to 3., 5. or 6., such as siding, porch ceiling, gutter, downspout, soffit or facia, shall result in a certificate of lead-safe status being issued for no more than 5 years.
DHS 163.42(2)(e)6.6. ‘Ten years.’ Unless the paint is proven to be lead-free, the presence of paint on an interior component that is not described under subds. 1. to 3., 5. or 6., such as a wall, ceiling or painted floor covered by wall-to-wall carpeting, shall result in a certificate of lead-safe status being issued for no more than 10 years.
DHS 163.42(2)(e)7.7. ‘Twenty years.’ A certificate of lead-safe status shall be issued for no more than 20 years when all paint that has not been proven to be lead-free has been fully enclosed with durable material that does not allow dust or debris from the paint to escape into the environment.
DHS 163.42(2)(f)(f) Fees.