DHS 163.03(91)(91)“Play area” means an area of frequent contact by children under age 6, as indicated by such factors as the use of the structure, observations of play patterns, information provided by parents or others, or the presence of play equipment, toys or other possessions of children.
DHS 163.03(91m)(91m)“Porch” means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any building, and having a roof and floor.
DHS 163.03(92)(92)“Premises” means any of the following:
DHS 163.03(92)(a)(a) An educational or child care facility, including attached structures and the real property upon which the facility stands, that provides services to children under 6 years of age.
DHS 163.03(92)(b)(b) Other buildings and facilities, including attached structures and real property upon which the buildings or facilities stand, that might contain lead-based paint or a lead-based paint hazard.
DHS 163.03(93)(93)“Principal instructor” means an individual who has the primary responsibility for organizing and teaching a training course.
DHS 163.03(94)(94)“Property owner” means a person who has both equitable title and legal possession of a dwelling, child-occupied facility, premises, registered lead-free property or registered lead-safe property.
DHS 163.03(95)(95)“Real property” means the land, buildings and improvements, and all contiguous property under the same ownership.
DHS 163.03(96)(96)“Recognized laboratory” means an environmental laboratory accepted by the department as being capable of performing an analysis for lead compounds in paint, soil and dust based on its accreditation by the national lead laboratory accreditation program (NLLAP) or an equivalent accreditation approved by the department.
DHS 163.03 NoteNote: A list of recognized laboratories is available at http://epa.gov/sites/production/files/2018-06/documents/nllap.pdf.
DHS 163.03(96m)(96m)“Recognized test kit” means a commercially available kit recognized by the EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1 milligram per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.
DHS 163.03(98)(98)“Registered lead-free property” means those portions of real property that were included in a lead-free inspection and are described as covered property on a current, valid certificate of lead-free status issued under this chapter and registered with the department.
DHS 163.03(99)(99)“Registered lead-safe property” means those portions of real property that were included in a lead-safe investigation and are described as covered property on a current, valid certificate of lead-safe status issued under this chapter and registered with the department.
DHS 163.03(100)(100)“Regulated activity” means an activity to which work practice standards apply or for which accreditation, approval, training or certification is required under this chapter.
DHS 163.03(100m)(100m)“Renovation” means a work activity that disturbs paint in or on target housing or a child-occupied facility. Renovation includes cutting, drilling, planing, sanding, sawing, scraping, stripping or removing painted surfaces or components during demolition, interim controls, maintenance, modification, painting, rehabilitation, remodeling, repair, residing, roofing or restoration activities. Renovation does not include abatement activities as defined under s. DHS 163.03 (1), minor repair and maintenance activities as defined under s. DHS 163.03 (85m), or the razing of an entire building.
DHS 163.03(101)(101)“Replacement” means a strategy of abatement that entails removing building components that have surfaces coated with lead-based paint and installing new components free of lead-based paint.
DHS 163.03(102)(102)“Risk assessment” means an on-site investigation of paint, dust, water or other environmental media to determine the existence, nature, severity and location of lead hazards.
DHS 163.03(102m)(102m)“Room equivalent” means an identifiable part of a residence, such as a room, a house exterior, a foyer, a staircase within a housing unit, a hallway within a housing unit, or an exterior area (exterior areas contain items such as play areas, painted swing sets, painted sandboxes, etc.). Closets or other similar areas adjoining rooms should not be considered as separate room equivalents unless they are obviously dissimilar from the adjoining room equivalent.
DHS 163.03(103)(103)“Soil-lead” means bare soil that contains lead.
DHS 163.03(104)(104)“Soil-lead hazard” means bare soil containing lead equal to or exceeding the applicable level under s. DHS 163.15 (2).
DHS 163.03(105)(105)“Substrate” means a surface on which paint, varnish or other coating has been or may be applied.
DHS 163.03(106)(106)“Target housing” means a dwelling constructed prior to 1978, except for any of the following:
DHS 163.03(106)(a)(a) A dwelling for the elderly or persons with disabilities unless a child under 6 years of age resides or is expected to reside in the dwelling.
DHS 163.03(106)(b)(b) A dwelling in which the living area is not separated from the sleeping area.
DHS 163.03(107)(107)“Tenancy” means occupancy, or a right to present occupancy under a rental agreement, and includes periodic tenancies and tenancies at will. The term does not include the occupancy of a dwelling unit without consent of the property owner after expiration of a lease or termination of tenancy under ch. 704, Stats.
DHS 163.03(107m)(107m)“Testing combination” means a unique combination of room equivalent, building component type, and substrate.
DHS 163.03(108)(108)Training diploma” means a document meeting the requirements of s. DHS 163.20 (9), issued by a training manager to an individual as evidence the individual has successfully completed the course specified in the document.
DHS 163.03(109)(109)“Training hour” means 50 minutes of actual instruction, which shall include time devoted to learning activities, including lecture, small group activities, demonstrations, evaluations or hands-on activities.
DHS 163.03(110)(110)“Training manager” means an owner of a training course or an employee of a training provider who is authorized to act on behalf of the owner.