DHS 163.12(6)(b)3.3. ‘Deny renewal of certification.’ If the department denies a company renewal of certification, the department shall give the company a written explanation for the denial and shall notify the company of the right to appeal that decision under s. DHS 163.33.
DHS 163.12(6)(c)(c) Length of company renewal of certification. When the department renews a company certification, the department shall extend the company’s certification 2 years from the date of expiration.
DHS 163.12 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.), eff. 10-16-09; CR 09-085: am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.) Register March 2010 No. 651, eff. 4-1-10; correction in (3) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register March 2010 No. 651; CR 19-110: am. (1) (a), (am), r. (1m), am. (2) (intro.), (b), r. and recr. (2) (d), r. (3) (a) 1. am., am. (3) (a) 1. g., 2. a., (4) (a), (6) (a) 2., (b) 1. Register June 2021 No. 786, eff. 7-1-21; correction in (3) (a) 1. e. made under s. 13.92 (4) (b) 7., Stats., Register June 2021 No. 786.
DHS 163.13DHS 163.13Responsibilities when conducting regulated activity.
DHS 163.13(1)(1)May not refuse entry. No person at a site where a lead company conducts business or at the site of a current or previously conducted activity regulated under this chapter may refuse entry to any representative of the department acting under the authority of s. DHS 163.30 (3).
DHS 163.13(2)(2)Requirement for valid card on site. Only a Wisconsin lead certification card is valid in this state for performing an activity regulated under this chapter. Each individual performing or supervising an activity that requires certification under this chapter shall be in possession of a valid unexpired certification card at the job site, unless the individual is working under provisional certification. An individual working under provisional certification shall have a copy of their training diploma at the job site.
DHS 163.13(3)(3)Requirement for recordkeeping.
DHS 163.13(3)(a)(a) Lead hazard reduction. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of an activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The company shall retain all of the following records as appropriate to the type of activities the company performs:
DHS 163.13(3)(a)1.1. Any written contract for lead hazard reduction activities conducted by the company.
DHS 163.13(3)(a)2.2. A copy of the final lead abatement report required under s. DHS 163.14 (1) (m) for each lead abatement activity conducted by the company, which shall include a copy of the written project notice, occupant protection plan, description of work activities conducted and final clearance report for the activity.
DHS 163.13(3)(a)3.3. A lead company certificate from the department.
DHS 163.13(3)(b)(b) Lead investigation activities. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of an activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The company shall retain all of the following records as appropriate to the type of activities the company performs:
DHS 163.13(3)(b)1.1. Any written contract for lead investigation activities conducted by the company.
DHS 163.13(3)(b)2.2. A report prepared under s. DHS 163.14 (5) for each clearance activity conducted by the company, including visual inspection results and dust sampling laboratory results.
DHS 163.13(3)(b)3.3. A report prepared under s. DHS 163.14 (7) for each lead hazard screen conducted by the company, including any XRF testing results and any dust, paint and soil sampling results.
DHS 163.13(3)(b)4.4. A report prepared under s. DHS 163.14 (8) for each lead inspection or partial inspection conducted by the company, including any XRF testing results and any paint or soil sampling laboratory results.
DHS 163.13(3)(b)5.5. A report prepared under s. DHS 163.14 (9) for each lead risk assessment conducted by the company, including any XRF testing results and any dust, paint or soil sampling laboratory results.
DHS 163.13(3)(b)6.6. A lead company certificate from the department.
DHS 163.13(3)(c)(c) Renovation activities. A company shall retain all documentation, reports or contracts required under this subchapter for a minimum of 3 years following completion of a renovation activity regulated under this chapter. The company shall maintain the records at the address provided on the company application or as later changed under sub. (12). Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. Within 10 working days post-renovation, the company performing the renovation shall provide a renovation report that includes a copy of each document created for the renovation under this subsection to the person contracting for the renovation, and to any adult occupant of a dwelling unit or representative of a child-occupied facility affected by the renovation. The company shall retain and provide as required all the following records:
DHS 163.13(3)(c)1.1. Any written contract for renovation activities conducted by the company.
DHS 163.13(3)(c)2.2. Any inspection or partial inspection report from a certified lead inspector or risk assessor certifying that lead-based paint is not present on components that will be affected by the renovation activity and that lead-safe work practices will not be required.
DHS 163.13(3)(c)3.3. A signed and dated acknowledgement of receipt of the pre-renovation education pamphlet under s. DHS 163.14 (10).
DHS 163.13(3)(c)4.4. Written certification of delivery of the pre-renovation education pamphlet when the company has been unsuccessful in obtaining written acknowledgement from an adult occupant under s. DHS 163.14 (10).
DHS 163.13(3)(c)5.5. A certificate of mailing when the pre-renovation education pamphlet is sent by U.S. mail under s. DHS 163.14 (10).
DHS 163.13(3)(c)6.6. A signed and dated statement recording steps taken to notify occupants of upcoming paint disturbing activities in common areas under s. DHS 163.14 (10).
DHS 163.13(3)(c)7.7. For each renovation activity conducted by the company, documentation of compliance with the requirements of s. DHS 163.14, including documentation that a certified lead-safe renovator was assigned to the project, that the certified renovator provided on-the-job training for uncertified workers used on the project, that the certified renovator performed or directed workers who performed the renovation work and that the certified lead-safe renovator either performed the visual inspection and cleaning verification after all paint disturbing work was completed or dust clearance sampling was performed as required under s. DHS 163.14 (5) by an appropriately certified individual. This documentation shall include a copy of the certified renovator’s training diploma and a certification signed by the certified renovator assigned to the project and attesting to all of the following:
DHS 163.13(3)(c)7.a.a. Training was provided to workers, including topics covered for each worker.
DHS 163.13(3)(c)7.b.b. Warning signs were posted at entrances to the work area.
DHS 163.13(3)(c)7.c.c. Any interior work area was contained by removing or covering all objects, closing and covering all HVAC ducts, closing all windows, closing and sealing all doors or covering doors that were used for passage to prevent the spread of dust, covering floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material to 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain dust, whichever is greater, and installing vertical containment, where necessary, to prevent migration of dust and debris to adjacent areas.