DHS 163.14(5)(b)4.4. Be a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.

DHS 163.14(5)(b)5.5. Be a person hired by or under contract with, or authorized by, the property owner to manage or maintain the property owner’s real property as directed by the property owner.

DHS 163.14(5)(b)6.6. Be a person who has a financial interest in the laboratory results of the sampling.

DHS 163.14(5)(c)(c) Clearance protocol. In performing clearance, the certified lead hazard investigator, inspector, risk assessor or sampling technician shall comply with all of the following in an unbiased, objective and impartial manner:

DHS 163.14(5)(c)1.1. ‘Visual inspection of work.’ Perform a visual inspection to determine if work specified in any contract, work plans, orders or other specifications has been completed and if any visible amounts of dust, debris or residue are present. If work has not been completed or if visible amounts of dust, debris or residue are present, the person who performed the activity being cleared shall eliminate these conditions prior to the continuation of the clearance procedures.

DHS 163.14(5)(c)2.2. ‘Timing of sampling.’ Following a successful visual inspection and a minimum of one hour after completion of final cleanup activities, conduct clearance sampling for dust-lead by collecting single-surface dust samples using documented methodologies that incorporate adequate quality control procedures.

DHS 163.14(5)(c)3.3. ‘Location of sampling for work conducted in containment.’

DHS 163.14(5)(c)3.a.a. In at least 4 rooms, hallways, stairwells or other living areas within the containment area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the containment area, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas within containment.

DHS 163.14(5)(c)3.b.b. Collect one dust sample from the floor of a common area within containment for every 2,000 square feet of floor, and one dust sample from the floor of a common area outside containment. The dust sample taken outside containment shall be collected within 10 feet of the containment doorway.

DHS 163.14(5)(c)4.4. ‘Location of sampling for work conducted without containment.’

DHS 163.14(5)(c)4.a.a. In at least 4 rooms, hallways, stairwells or other living areas in or near the work area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the residential dwelling or child-occupied facility, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas.

DHS 163.14(5)(c)5.5. ‘Random sampling in multi-family dwellings.’ Following an interior activity in a multi-family dwelling with similarly constructed and maintained dwelling units, conduct random sampling for purposes of clearance provided that:

DHS 163.14(5)(c)5.a.a. The persons who perform the activities, including cleanup, do not know which dwelling units will be selected for the random sample.

DHS 163.14(5)(c)5.b.b. A sufficient number of dwelling units are selected for dust sampling to provide a 95% level of confidence that at least 95% of all dwelling units would pass clearance if all dwelling units were sampled. In a housing complex with more than 1,000 dwelling units, no sampled dwelling unit may fail clearance and a sufficient number of dwelling units shall be selected for dust sampling to provide a 95% level of confidence that no more than 5% of all dwelling units or 50 dwelling units, whichever is smaller, would fail clearance if all dwelling units were sampled.

DHS 163.14 NoteNote: For assistance in selecting the correct sample size, 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.

DHS 163.14(5)(c)5.c.c. The randomly selected dwelling units are sampled and evaluated for clearance according to the procedures found in par. (c).

DHS 163.14(5)(c)6.6. ‘Visual inspection of exterior work area.’ Following an exterior activity, conduct a visual inspection. All horizontal surfaces on the exterior, including the ground, and all worker pathways shall be found to be cleaned and free of visible dust, debris, residue, and paint chips. If paint chips, dust, debris, or residue are present, the person who conducted the activity being cleared shall properly clean, disposing of any waste according to applicable federal, state and local government requirements.

DHS 163.14(5)(c)7.7. ‘Laboratory analysis.’ Have collected samples analyzed by a recognized laboratory to determine the detectable levels of lead that can be quantified numerically.

DHS 163.14(5)(c)8.8. ‘Interpretation of laboratory results.’ Compare the residual lead level from each dust sample, as determined by laboratory analysis, with the applicable clearance level for lead in dust on floors, interior windowsills and window troughs. If the residual lead level in a dust sample equals or exceeds the applicable clearance level, all of the components represented by the failed sample shall be recleaned or sealed by the person who conducted the activity being cleared and retested by the person conducting clearance until clearance levels are met. For dust wipe samples taken during clearance, clearance is achieved when the laboratory result for a sample is less than the following:

DHS 163.14(5)(c)9.9. ‘Preparation of report following clearance of activities involving abatement.’ Within 10 working days after clearance of activities involving abatement or within 10 working days after receipt of any required laboratory results, whichever is later, prepare a written clearance report for submission to the person who conducted the activities being cleared and to the property owner or the person who contracted for the clearance. The report shall include all of the following information:

DHS 163.14(5)(c)9.c.c. Name, address, telephone number and certification number of each individual and lead company conducting the clearance and signature of each certified lead hazard investigator, inspector, risk assessor or sampling technician.