DHS 163.12DHS 163.12Certification of a company.
DHS 163.12(1)(1)Requirement.
DHS 163.12(1)(a)(a) Except as provided under par. (b), a person shall be certified by the department as a lead company under this chapter and shall have appropriately certified staff or shall contract with an appropriately certified person before it may perform, supervise, advertise, claim to provide or offer to perform or supervise a lead renovation activity, lead hazard reduction activity or a lead investigation activity for which certification is required under s. DHS 163.10 (1), or a lead training activity for which accreditation is required under s. DHS 163.20 (1).
DHS 163.12(1)(am)(am) Except as provided under par. (b), a person shall be certified by the department as a company under this chapter and shall have appropriately certified staff or shall contract with an appropriately certified person before it may perform, supervise, advertise, claim to provide or offer to perform or supervise a renovation activity for which certification is required under s. DHS 163.10 (1).
DHS 163.12(1)(b)(b) A person is not required to be certified as a company when the person is a homeowner who personally performs regulated activities only on the owner’s owner-occupied dwelling unit and the owner-occupied dwelling unit is not occupied by an individual other than the property owner’s immediate family.
DHS 163.12(2)(2)Conditions for certification. To be certified as a lead company, an applicant shall do all of the following:
DHS 163.12(2)(a)(a) Apply. Submit a completed application under sub. (3).
DHS 163.12(2)(b)(b) Use certified persons. Agree to employ or contract with only appropriately certified persons to perform or supervise regulated activities when certification is required under this chapter.
DHS 163.12(2)(c)(c) Follow work practice standards. Agree that all company employees or subcontractors will follow the applicable work practice standards under s. DHS 163.14 when performing activities covered by the standards.
DHS 163.12(2)(cm)(cm) Maintain records. Agree to maintain records as required under s. DHS 163.13 (3).
DHS 163.12(2)(d)(d) Affirm knowledge of applicable regulations. An authorized representative of the company shall sign an affirmation of knowledge of the requirements for conducting regulated work under this chapter.
DHS 163.12(3)(3)Application for certification. A person seeking certification shall submit an application under par. (a) or (b) to the department:
DHS 163.12(3)(a)(a) Application for a nongovernmental company.
DHS 163.12(3)(a)1.1. ‘Application form.’ The company that is not a governmental agency shall submit a fully and accurately completed application on a form obtained from the department. The application shall include all of the following information:
DHS 163.12(3)(a)1.a.a. The company’s name, mailing address, physical address and telephone number and the physical address of records required under s. DHS 163.13 (3) if different from the physical address.
DHS 163.12(3)(a)1.b.b. The federal employer identification number or a statement why the company does not have one.
DHS 163.12(3)(a)1.c.c. Names and social security numbers of the company’s owners.
DHS 163.12(3)(a)1.d.d. Names of corporate officers if the company is incorporated.
DHS 163.12(3)(a)1.e.e. The name of an individual who meets one of the certification requirements under sub. (2) (d) or the completed regulatory worksheet under sub. (2) (d) 2.
DHS 163.12 NoteNote: The regulatory worksheet under DHS 163.12 (2) (d) 2. was repealed by CR 19-110. The language referring to the regulatory worksheet will be repealed in future rulemaking by the department.
DHS 163.12(3)(a)1.f.f. A statement signed by an owner or officer of the company attesting that the company will employ or contract with only appropriately certified persons when certification is required under this chapter.
DHS 163.12(3)(a)1.g.g. A statement signed by an owner or officer of the company attesting that the company, its employees and subcontractors will comply with the requirements of this chapter when conducting activities regulated under this chapter.
DHS 163.12(3)(a)2.2. ‘Fee.’ The application shall include all the following fees:
DHS 163.12(3)(a)2.a.a. A nonrefundable initial certification fee of $125.
DHS 163.12(3)(a)2.b.b. Any other fee imposed by the department as necessary to cover costs of administering this chapter.
DHS 163.12(3)(b)(b) Application for a governmental agency. A company that is a governmental agency shall submit a fully and accurately completed application on a form obtained from the department. The application shall include all of the following information:
DHS 163.12(3)(b)1.1. Name, mailing address, physical address and telephone number for the agency and physical address of records required under s. DHS 163.13 (3) if different from the agency’s physical address.
DHS 163.12(3)(b)2.2. A statement signed by an authorized representative of the agency attesting that the agency will employ or contract with only appropriately certified persons when certification is required under this chapter.
DHS 163.12(3)(b)3.3. A statement signed by an authorized representative of the agency attesting that the agency, its employees and subcontractors will follow the work practice standards in s. DHS 163.14 when conducting activities covered by the work practice standards.