DHS 163.41(2)(d)2.2. If a lead company fails to submit the registration form within 10 working days under par. (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 163.41(2)(d)3.3. If a certified lead company conducted a lead inspection prior to the availability of certificates of lead-free status, the certificate shall be valid on the date the lead-free inspection form under par. (b) is received by the department when one of the following meets the requirements of the lead-free inspection protocol under par. (a):

DHS 163.41(2)(d)3.b.b. The prior lead inspection combined with a subsequent update to the lead inspection.

DHS 163.41(2)(e)(e) Expiration date. A certificate of lead-free status is valid until revoked, which shall be stated on each certificate of lead-free status issued.

DHS 163.41(2)(f)(f) Fees.

DHS 163.41(2)(f)1.1. In addition to fees charged by the lead company for the lead-free investigation and any laboratory analysis, the property owner shall pay a lead-free certificate fee of $50 to the lead company issuing a lead-free certificate and the lead company shall forward payment to the department before the 10th day of the month following issuance.

DHS 163.41(2)(f)2.2. In addition to the fee under subd. 1., a lead company that submits a lead-free report using an approved alternative under sub. (2) (b) shall pay a handling fee of $25.

DHS 163.41(2)(f)3.3. If a property owner requests the department to issue a duplicate or an amended certificate of lead-free status, the property owner shall submit a fee of $50, payable to the department of health services.

DHS 163.41 NoteNote: The department will provide training to lead company staff on the process for registering and issuing a lead-free or lead-safe certificate. To request training, call 608-261-6876.

DHS 163.41(3)(3) 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-free status for any of the following reasons:

DHS 163.41(3)(a)(a) The dwelling, dwelling unit, child-occupied facility or other premises is not free of lead-based paint, as determined by sampling conducted using documented methodologies.

DHS 163.41(3)(b)(b) The certificate was issued in error.

DHS 163.41(3)(c)(c) The lead-free inspection does not support that the property meets the registered lead-free property standards under sub. (1) because the lead-free inspection protocol under sub. (2) was not followed in determining that the dwelling, dwelling unit, child-occupied facility or other premises met the standards for registered lead-free property and a subsequent lead-free inspection does not verify that the dwelling, dwelling unit, child-occupied facility or other premises met the lead-free standards.

DHS 163.41 NoteNote: When a property owner is notified of a problem with a lead-free inspection, the property owner may hire a certified lead company to conduct a new lead-free inspection to verify that the property was, in fact, eligible for the lead-free certificate. If the property owner submits the inspection report for the new lead-free inspection to the department, the department will review the report and stop the revocation action if the new lead-free inspection verifies the property meets the standards.

DHS 163.41(3)(d)(d) The property owner or his or her employee or agent obtained the certificate by fraud.

DHS 163.41 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) (a) 2. d., eff. 10-16-09; CR 09-085: am. (2) (a) 2. d. 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. (2) (a) 2. e., 4. a. Register June 2021 No. 786, eff. 7-1-21.

DHS 163.42(1)(1) Registered lead-safe property standards. Under the standards in this subsection, paint is considered to be lead-based paint unless tested under s. DHS 163.40 (2) (c) and determined not to be lead-based paint. For registered lead-safe property, all locations under sub. (2) (a) 2. that are subject to a lead-safe investigation shall meet all of the following standards, as determined by a lead-safe investigation under sub. (2):

DHS 163.42(1)(a)(a) Interior painted components. Interior painted components shall be free of deteriorated lead-based paint.

DHS 163.42(1)(b)(b) Exterior painted components. Exterior painted components shall be free of deteriorated lead-based paint.

DHS 163.42(1)(c)(c) Paint chips. Floors, stairways, windowsills, window wells or troughs and soil shall be free of visible paint chips.

DHS 163.42(1)(d)(d) Substrate. Substrates with lead-based paint shall have no visible defect, damage, decay or deterioration that might cause paint failure.

DHS 163.42(1)(e)(e) Dust-lead hazards. The property shall have no dust-lead hazards as defined under DHS 163.15 (1) (b).

DHS 163.42(1)(f)(f) Moisture or water damage. Surfaces with lead-based paint shall be free from ongoing water damage caused by any of the following:

DHS 163.42(1)(f)1.1. Unrepaired water leaks in gutters, downspouts, roofs, foundations or other components.

DHS 163.42(1)(g)(g) Painted floors and stairs. Painted interior and exterior floors and stairs shall be free of deteriorated or abraded lead-based paint.