DHS 163.03 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (23) and (51) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; EmR0928: emerg. am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83), eff. 10-16-09; CR 09-085: am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83) Register March 2010 No. 651, eff. 4-1-10; correction in (51) made under s. 13.92 (4) (b) 7., Stats., Register August 2020 No. 776; CR 19-110: cr. (13) (d), am. (35), (41), (61), (63), (66), (74), (76), r. (82), cr. (88r), (91m), am. (96m), r. (97), cr. (102m), (107m), am. (108), (109), r. (113) Register June 2021 No. 786, eff. 7-1-21; correction in (74) made under s. 35.17, Stats., Register June 2021 No. 786; CR 23-046: am. (61) Register April 2024 No. 820, eff. 5-1-24.

subch. II of ch. DHS 163 Subchapter II — Certification of Persons to Perform Lead-Safe Renovation, Lead Hazard Reduction, or Lead Investigation Activities

DHS 163.10 DHS 163.10 Certification of an individual.

DHS 163.10(1) (1) Requirement. Except as provided under pars. (d) and (e), an individual shall follow work practice requirements and meet all other responsibilities under this chapter and, except as provided under pars. (c), (d), and (e), shall also be certified by the department under this subchapter and shall be associated with a certified lead company through ownership, employment or contract to do any of the following:

DHS 163.10(1)(a) (a) Perform, supervise or offer to perform or supervise a lead abatement activity or lead investigation activity involving one of the following:

DHS 163.10(1)(a)1. 1. A child-occupied facility or the real property on which the child-occupied facility stands.

DHS 163.10(1)(a)2. 2. Target housing or the real property on which the target housing stands when one of the following applies:

DHS 163.10(1)(a)2.a. a. The individual performing the work does not own the target housing or real property.

DHS 163.10(1)(a)2.b. b. An individual other than the property owner or the property owner’s immediate family rents or occupies the target housing or real property.

DHS 163.10(1)(a)2.c. c. A child residing in the target housing has been identified as having an elevated blood lead level.

DHS 163.10(1)(b) (b) Perform or supervise a lead hazard reduction activity when certification is required under an order issued by a court, the department, another state agency or a local agency, under a contract, or as a condition for payment of services.

DHS 163.10(1)(bm) (bm) Perform, supervise or offer to perform or supervise a renovation activity for compensation in target housing or a child-occupied facility.

DHS 163.10(1)(c) (c) A person is not required to be certified by the department under par. (bm), but is subject to all work practice requirements and other responsibilities under this chapter when any one of the following applies:

DHS 163.10(1)(c)1. 1. All regulated activities are within the scope of a license, certification or registration issued by the department of safety and professional services under s. 101.178, Stats., or ch. 145, Stats., and the individual performing the regulated activities has completed lead-safe renovation training under s. DHS 163.11 (2) (c) as evidenced by possession of a current and valid course completion certificate at the worksite whenever performing regulated work.

DHS 163.10 Note Note: Section 101.178, Stats., relates to department of safety and professional services certification of heating, ventilating and air conditioning installers and servicers. Chapter 145, Stats., relates to department of safety and professional services licensure of master plumbers and journeyman plumbers, registration of apprentice plumbers, licensure of automatic fire sprinkler system installers, registration of automatic fire sprinkler system apprentices, and registration of automatic fire sprinkler fitters for maintaining an existing automatic fire sprinkler system.

DHS 163.10(1)(c)2. 2. The individual conducting the renovation activity has been trained by a certified lead-safe renovator under s. DHS 163.13 (7) on the lead-safe work practices to be used to perform assigned tasks and is under the supervision of a certified lead-safe renovator during the renovation activity as required under s. DHS 163.14 (11) (c).

DHS 163.10(1)(d) (d) A person is not required to be certified under par. (bm), and is not subject to other provisions under this chapter, when any one of the following applies:

DHS 163.10(1)(d)1. 1. The paint involved in the renovation activity has been tested by a person certified as a lead inspector, hazard investigator or risk assessor, who has determined that the paint does not meet the definition of lead-based paint under s. DHS 163.03 (61).

DHS 163.10(1)(d)2. 2. The paint to be involved in the renovation activity has been tested by a certified lead-safe renovator using a recognized test kit, as defined under s. DHS 163.03 (96m), and following the kit manufacturer’s instructions, who has determined that the paint does not meet the definition of lead-based paint under s. DHS 163.03 (61).

DHS 163.10(1)(d)3. 3. The work is a minor repair and maintenance activity.

DHS 163.10(1)(d)4. 4. The work involves replacing only broken panes of glass in a window and no painted surface is disturbed.

DHS 163.10(1)(d)5. 5. The work is a renovation activity that is not performed for compensation and no other conditions requiring certification exist.

DHS 163.10 Note Note: For the requirement that a company be certified to perform, supervise or offer to perform or supervise a lead abatement investigation, or renovation activity, see s. DHS 163.12.

DHS 163.10(1)(d)6. 6. The work is a renovation activity performed by the homeowner in the homeowner’s owner-occupied unit and no other dwelling unit or common area is affected.

DHS 163.10(1)(e) (e) When performing a partial lead inspection a person is not required to be certified under par. (a), and is not subject to other provisions under this chapter, if the presence of lead-bearing paint or a lead hazard is assumed and a renovation of a dwelling, unit of a dwelling, or premises is performed in a lead-safe manner. The person who performs a partial lead inspection under this subsection shall disclose, in writing, to the owner or lessor of the dwelling or premises before performing the partial lead inspection that the partial lead inspection being conducted is not a regulated activity and may not be used to declare the structure free of lead-based paint.

DHS 163.10(2) (2) Disciplines. Certification of individuals shall be specific to one of the following lead hazard reduction, lead investigation, or renovation disciplines:

DHS 163.10(2)(a) (a) Lead hazard reduction disciplines.

DHS 163.10(2)(a)1. 1. ‘Lead abatement worker.’ A certified lead abatement worker may perform any abatement activity, but must be supervised under s. DHS 163.14 (1) (c) when performing abatement. A lead abatement worker may not prepare an occupant protection plan for abatement, prepare an abatement report, conduct sampling for abatement or supervise abatement activities. A certified lead abatement worker who completes a lead-safe renovation initial or refresher course, or a lead abatement worker refresher course after October 19, 2009, is also qualified to conduct renovation activities.

DHS 163.10(2)(a)2. 2. ‘Lead abatement supervisor.’ A certified lead abatement supervisor may develop occupant protection plans, write abatement reports, and supervise or perform lead abatement activities. A certified lead abatement supervisor may take dust wipe samples before clearance is conducted to determine if cleanup is complete, but this activity does not meet the criteria for sampling under s. 901.055, Stats., or for clearance. A certified lead abatement supervisor who completes a lead-safe renovation initial or refresher course, or a lead abatement supervisor refresher course on or after October 19, 2009, is also qualified to conduct renovation activities.