DHS 163.13 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (title), (1), (2), (5) (intro.), (a), (b), (6) (b) 1., 2. a. to c., (7) (title) and (9), renum. (3), (4) and (7) to be (3) (a) (intro.), (4) (a) and (7) (a) and am., cr. (3) (a) 1. to 3., (b), (c), (4) (b), (7) (b), (c), (10) to (12), r. (5) (c), eff. 10-16-09; CR 09-085: am. (title), (1), (2), (5) (intro.), (a), (b), (6) (b) 1., 2. a. to c., (7) (title) and (9), renum. (3), (4) and (7) to be (3) (a) (intro.), (4) (a) and (7) (a) and am., cr. (3) (a) 1. to 3., (b), (c), (4) (b), (7) (b), (c), (10) to (12), r. (5) (c) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), (2), (3) (a) 3., (b) 6., r. and recr. (3) (c) (intro.), am. (3) (c) 2., 7. (intro.), g., 10., 12., (5) (d) 2. a., (6) (a) (intro.), 1., (b), (7) (b), (c), (8) (title), (a), (b) (intro.), (c) (intro.), 4., (9), r. and recr. (10), am. (12) (title), (a), (b), cr. (12) (c) Register June 2021 No. 786, eff. 7-1-21.

DHS 163.14(1)(a)(a) Who may conduct. When certification is required, an individual shall be certified as a lead abatement supervisor and associated with a certified lead company in order to supervise and perform abatement activities involving target housing or child-occupied facilities. A person who is certified as a lead abatement worker and associated with a certified lead company may perform abatement activities only under the supervision of a certified lead abatement supervisor.

DHS 163.14(1)(b)(b) Abatement protocol. In supervising or performing abatement, certified persons shall use documented methodologies to conduct work in a lead-safe manner that does not create lead-based paint hazards to the occupants, including work practices that limit the creation of dust and prevent the spread of dust, debris and paint chips outside of the work area, and shall comply with all requirements under pars. (c) to (L).

DHS 163.14(1)(d)(d) Requirement for ensuring compliance. A certified lead abatement supervisor and the certified lead company associated with that individual shall ensure that all abatement activities are conducted according to the requirements of this section and all applicable federal, state and local government requirements.

DHS 163.14(1)(e)1.1. ‘Post signs.’ Signs clearly defining the work area and warning occupants and other persons not involved in the abatement activities to remain outside the work area. These signs shall be in the primary language of the occupants. Signs shall be posted before beginning the work and shall remain in place and readable until the abatement activities and clearance have been completed.

DHS 163.14(1)(e)2.a.a. If paint chips, dust, or debris are present on the interior, HEPA vacuum the floor before protective sheeting is laid down and HEPA vacuum window wells or troughs before working on windows.

DHS 163.14(1)(e)2.b.b. If paint chips, dust or debris are present on the exterior, HEPA vacuum or use a wet/dry vacuum with a drywall bag and HEPA filter to clean all paint chips and debris before protective sheeting is laid down.

DHS 163.14(1)(e)3.3. ‘Contain work areas.’ Before starting abatement activities, contain the work area, including the floor or ground, with heavy duty plastic sheeting, so that no dust or debris leaves the work area during the activity. Workers shall maintain the integrity of the containment throughout the abatement activities by ensuring that the plastic sheeting used as containment material is not torn or displaced, and that no dust or debris leaves the work area during the abatement. When the building is occupied, containment shall be installed in a manner that provides safe access to restrooms and exits for occupants. Containment may not be constructed in a manner that would interfere with emergency exit. All containment materials, including plastic sheeting, must be disposed of after one use and may not be relocated for reuse during a project.

DHS 163.14(1)(e)4.a.a. Remove all objects that can be moved from the work area, including furniture, rugs, and window coverings. Objects that cannot be removed shall first be cleaned using a HEPA vacuum, and then be completely covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

DHS 163.14(1)(e)4.c.c. Close windows and doors in the work area. Doors shall be covered with plastic sheeting or other impermeable material. Doorways used as the entrance to the work area shall be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while containing dust and debris in the work area.

DHS 163.14(1)(e)4.d.d. Cover floor surfaces in the work area, including installed carpet, with taped down plastic sheeting or other impermeable material at least 6 feet beyond the perimeter of surfaces undergoing abatement, or a sufficient distance to contain all dust, whichever is greater. Floor containment measures may stop at the edge of a vertical barrier system consisting of impermeable barriers that extend from the floor to the ceiling that are completely sealed at joints with the floor, ceiling and walls.

DHS 163.14(1)(e)5.5. ‘Use precautions.’ Use precautions to ensure that all personnel, tools, and other items, including the exteriors of waste containers, are free of dust and debris before leaving the work area.

DHS 163.14(1)(e)6.6. ‘Restrict access.’ Uncertified persons shall be kept out of the abatement area until the area is cleaned, containment and abatement materials removed, and a visual inspection successfully completed. Warning tape may be used to prevent unintentional access into work areas in addition to the posted warning signs. If access is granted before clearance has been successfully achieved, a notice shall be posted that states: ”This worksite has not yet met clearance requirements. Lead-based paint hazards may be present.”

DHS 163.14(1)(e)7.7. ‘Prepare an occupant protection plan.’ Before starting an abatement project, a certified lead abatement supervisor or project designer shall prepare a written occupant protection plan on a form obtained from or approved by the department. The plan shall be specific to the abatement and to each dwelling or child-occupied facility involved. The plan shall describe the measures and management procedures that will be taken during the abatement project to protect the building occupants from exposure to lead-based paint hazards. The occupant protection plan shall be followed by all lead company staff and posted in plain view outside the abatement work area for viewing by interested persons.

DHS 163.14(1)(e)8.a.a. When abatement involves restricted work practices used in common areas, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit no later than 2 working days before starting the activity and shall document delivery.

DHS 163.14(1)(e)8.b.b. When abatement involves restricted work practices used in individual dwelling units, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit involved in the activity no later than 2 working days before starting the activity and shall document delivery.

DHS 163.14(1)(e)8.c.c. When the abatement is not performed by the property owner or the property owner’s agent or employee, a copy of the occupant protection plan shall also be delivered to the property owner or the property owner’s agent or employee.

DHS 163.14(1)(e)8.d.d. When the occupant protection plan is delivered via mail, it shall be mailed at least 7 days before the start of the abatement and shall be documented by a certificate of mailing from the post office.

DHS 163.14(1)(g)1.1. If soil is removed, any replacement soil shall have a lead concentration of less than 400 parts per million and shall comply with ch. NR 720 as applicable. The soil that is removed shall not be used as topsoil at another dwelling or child–occupied facility.