DHS 163.42(4)(a)(a) A person may apply for no more than 2 successive certificates of lead-safe status that have a duration of less than 12 months and, if again applying for a certificate of lead-safe status, shall apply for a certificate that has a duration of 12 months or more.
DHS 163.42(4)(b)(b) A person under par. (a) shall, if applying for a certificate of lead-safe status that is in addition to the certificates specified in par. (a) and that has a duration of less than 12 months, provide the department with the reason why a certificate of less than 12 months’ duration is needed.
DHS 163.42(4)(c)(c) A person under pars. (a) and (b) shall, if applying for a certificate of lead-safe status that is in addition to the certificates specified in pars. (a) and (b) and that has a duration of less than 12 months, provide the department with clear and convincing evidence of why a certificate of less than 12 months’ duration is needed.
DHS 163.42(5)(5)Revocation. If the department provides written notice of revocation, the grounds for revocation and an explanation of the process under s. DHS 163.33 for appealing a revocation not less than 30 days before the date of the revocation, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period, the department may revoke a certificate of lead-safe status for any of the following reasons:
DHS 163.42(5)(a)(a) The property owner or property owner’s employee or agent obtained the certificate by fraud.
DHS 163.42(5)(b)(b) The dwelling, dwelling unit, child-occupied facility or other premises is not free of lead-based paint hazards, as determined by sampling conducted using documented methodologies.
DHS 163.42(5)(c)(c) The certificate was issued in error.
DHS 163.42(5)(d)(d) The property owner or property owner’s employee or agent violated a condition under sub. (3) for maintaining the certificate of lead-safe status.
DHS 163.42(5)(e)(e) The property owner or property owner’s employee or agent created a lead-based paint hazard.
DHS 163.42(5)(f)(f) The property owner or property owner’s employee or agent violated another state, local or federal statute, ordinance, rule or regulation relating to lead-based paint at the registered lead-safe property.
DHS 163.42(5)(g)(g) The lead-safe investigation does not support that the property meets the registered lead-safe property standards under sub. (1) because the lead-safe investigation protocol under sub. (2) was not followed in determining that the property met the registered lead-safe property standards and a subsequent lead-safe investigation did not verify that the property met the lead-safe standards.
DHS 163.42 NoteNote: When a property owner is notified of a problem with a lead-safe investigation, the property owner may hire a certified lead company to conduct a new lead-safe investigation to verify that the property was, in fact, eligible for the lead-safe certificate. If the property owner submits the investigation report for the new lead-safe investigation to the department, the department will review the report and stop the revocation action if the new lead-safe investigation verifies the property meets the standards.
DHS 163.42 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; CR 03-019: am. (1) (b) and (2) (a) 10., r. (1) (c) and (2) (e) 3. d., renum. (1) (d) to (j) to be (1) (c) to (i) and am. (1) (e) 2. c., r. and recr. (1) (i), cr. (2) (a) 10. c., Register July 2003 No. 571, eff. 8-1-03; EmR0928: emerg. am. (2) (a) 2. d., (3) (e) 1. to 3., (f) 1., 3. a. to c. and (g) 1., r. (3) (f) 2., eff. 10-16-09; CR 09-085: am. (2) (a) 2. d., (3) (e) 1. to 3., (f) 1., 3. a. to c. and (g) 1., r. (3) (f) 2. Register March 2010 No. 651, eff. 4-1-10; correction in (2) (f) 3. made under s. 13.92 (4) (b) 6., Stats., Register March 2010 No. 651; CR 19-110: am. (1) (a) to (c), r. and recr. (1) (d), (e), am. (1) (f) to (h), (2) (a) 2. e., (3) (d) 1., 4., 5. (intro.), a., 6., r. (3) (e) 4., am. (3) (f) 1., r. (3) (f) 3., (g) 2. Register June 2021 No. 786, eff. 7-1-21; (3) (f) 1., (g) 1. renumbered to (3) (f), (g) under s. 13.92 (4) (b) 1., Stats., Register June 2021 No. 786.