"Clearance level" means the value under s. DHS 163.14 (5) (c) 8.
that indicates the maximum amount of lead permitted in dust on a surface following completion of an abatement, interim control or renovation activity.
"Common area" means a portion of a building, the land on which the building stands and other improvements on that land that are generally accessible to occupants of the building.
DHS 163.03 Note
Note: Examples of common areas are a hallway, stairway, restroom, dining room, laundry room, recreation room, playground, community center, garage and boundary fence.
"Component" means a specific design, architectural or structural element or fixture of a structure that is distinguished from another component by form, function or location. Interior components include ceiling, crown molding, wall, chair rail, door, door trim, floor, fireplace, radiator or other heating unit, shelf, shelf support, stair tread, stair riser, stair stringer, newel post, railing cap, balustrade, window and trim (including sash, window head, jamb, interior sill or stool and trough), built-in cabinet, column, beam, bathroom vanity, counter top and air conditioner. Exterior components include painted roofing, chimney, flashing, gutter, downspout, ceiling, soffit, fascia, rake board, cornerboard, bulkhead, door and door trim, fence, floor, joist, lattice work, railing, railing cap, siding, handrail, stair riser, stair tread, stair stringer, column, balustrade, exterior windowsill, window trough or well, casing, sash and air conditioner.
"Containment" means the physical measures taken to isolate the work area in order to ensure that dust and debris created or released during activities are not spread, blown or tracked from inside to outside of the work area.
DHS 163.03 Note
Containment is more than simply laying plastic on the floor. For interior work that creates large amounts of dust, appropriate containment would include hanging vertical plastic sheeting to create a temporary wall barrier between the work area and the rest of the house, with an airlock entryway. For additional information on appropriate containment, refer to Appendix H of this chapter, Chapter 8
, Resident Protection and Worksite Preparation, of HUD's Guidelines for the Evaluation and Control for Lead-Based Paint Hazards in Housing.
"Contingent accreditation" means a temporary approval status granted by the department to a training course for a specific discipline on the basis of a desk audit of accreditation application materials for compliance with this chapter.
"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.
"Course test" means a written, closed-book test administered by a training provider at the end of a course that is intended to evaluate trainees' knowledge and retention of the course learning objectives.
"Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major course learning objective.
"Demolition" means the removal of any load-supporting structural component of target housing or a child-occupied facility together with any related handling operations.
"Department" means the Wisconsin department of health services.
"Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, chalking or otherwise separating from the substrate of a building component or from underlying paint on a component. "Deteriorated paint" does not include paint where nail holes, hair-line cracks, or small nicks or scratches are present, provided all layers of paint remain securely bonded.
"Direct supervision" means supervision by an individual who is on-site and readily available to observe and assist.
"Disturb" means to break up, burn, crush, cut into, dissolve, sand, scrape, abrade remove, demolish or otherwise manipulate a painted surface in a manner that generates dust, paint chips or debris.
DHS 163.03 Note
Note: Washing or vacuuming painted surfaces does not, by itself, disturb paint unless the method used dislodges paint, such as by power washing. Although removal of a carpet does not disturb paint, the removal of a carpet contaminated with dust-lead or paint chips can create a lead hazard.
"Discipline" means one of the specific job categories in s. DHS 163.10 (2)
for which individuals are trained and become certified by the department.
"Distinct paint history" means the paint application history, as indicated by its visual appearance or a record of the application of paint or other surface coatings to a component or room.
"Documented methodologies" means written protocols, standards or methods that are generally used and accepted for conducting regulated activities.
DHS 163.03 Note
Examples of documented methodologies include the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control for Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); Wisconsin Childhood Lead Poisoning Prevention and Control Handbook; regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and guidelines. For non-abatement lead-based paint activities, additional documented methodologies include: HUD's Lead Paint Safety, A Field Guide for Painting, Home Maintenance, and Renovation Work; EPA's Renovate Right pamphlet and Small Entity Compliance Guide to Renovate Right: EPA's Lead-Based Paint Renovation, Repair and Painting Program. Federal documents may be downloaded from the HUD website at www.hud.gov/offices/lead
or from the EPA website at www.epa.gov/lead
"Door system" means all components associated with the operation or decoration of a door, including the frame, head, casing, latch jamb, transom, door stop, hinge jamb, door, threshold and door trim.
"Dripline" means the area within 3 feet surrounding the exterior foundation of a building.
"Dry disposable cleaning cloth" means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.
"Durable material" means a construction product capable of withstanding use without significant deterioration, such as vinyl flooring, siding, paneling, aluminum coil stock, plasterboard or plywood.
"Dust-lead hazard" means dust that contains a dust-lead loading equal to or exceeding the level under s. DHS 163.15
"Dust sample" means a sample of dust collected using a documented methodology, such as a dust wipe sample or vacuum sampling.
"Dust wipe sample" means a sample of dust collected using documented protocols by wiping a representative surface of a known area with an acceptable wipe material, such as a moist towelette.
"Dwelling" means any structure, all or part of which is used or intended to be used for human habitation as a home or residence. A dwelling includes a structure that is being converted to a dwelling or that is intended for human habitation but is currently vacant.
"Dwelling unit" means that part of a structure that is designed, used or intended to be used for human habitation by one or more persons maintaining a common household.
"Elevated blood lead investigation" means the environmental investigation activities conducted in response to a report of a lead poisoning and intended to identify lead hazards that may contribute to the lead poisoning.
"Elevated blood lead level" means a level of lead in blood that is any of the following:
Twenty or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test.
Fifteen or more micrograms per 100 milliliters of blood as confirmed by 2 venous blood tests that are performed at least 90 days apart.
"Emergency renovation" means renovation activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment or property with significant damage.
"Employee" means an individual who an employer can require or direct to engage in any employment, or to go to work or to be at any time in any place of employment, except that an employee does not include an individual whose sole relationship with the employer is contractual and limited to performing periodic services for which the individual, not the employer, controls the means and method of performing the services and the individual meets the criteria under s. 108.02 (12) (b) 1. and 2.
DHS 163.03 Note
Note: Section 108.02 (12) (b), Stats., was repealed effective 7-4-10.
"Encapsulant" means a covering or coating that forms a barrier between lead-based paint and the environment using an adhesively bonded covering material or a liquid-applied coating, with or without reinforcement materials.
"Encapsulation" means the process of creating a barrier between lead-based paint and the environment by the application of an encapsulant.
"Enclosure" means the use of rigid, durable materials that are mechanically fastened to the substrate, component or building structure, with all edges, joints and seams sealed in order to act as a dust-tight barrier between lead-based paint and the environment.
"EPA" means the U.S. environmental protection agency.
"Friction surface" means an interior or exterior surface that is subject to repeated abrasion or friction during use, including certain surfaces of windows, doors, floors and stairs.
"Full accreditation" means an approval status granted by the department to a training course for a specific discipline subsequent to contingent accreditation, which is granted on the basis of an on-site accreditation audit finding of compliance with this chapter.
"Guest instructor" means an individual who teaches under the direct supervision of a principal instructor or assists the principal instructor with hands-on activities or work practice components of a course.
"Hands-on skills assessment" means an evaluation of a trainee's ability to satisfactorily perform hands-on skills taught in a training course.
"Hazardous waste" means a solid waste that fits the definition of hazardous waste in s. NR 661.03
and that is not excluded by the provisions of s. NR 661.04
"HEPA filter" means a high efficiency particulate air filter that captures particles of 0.3 microns or larger at 99.97 percent or greater efficiency.
"HEPA vacuum" means a vacuum cleaner designed by the manufacturer to have a high-efficiency particulate air (HEPA) filter as the last filtration stage. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.
"HUD" means the U.S. department of housing and urban development.
"Impact surface" means an interior or exterior surface that is subject to damage by repeated force, such as doorframes, cabinet frames and walls subject to door actions, and baseboards and stair risers.
"Initial certification" means the first certification that the department grants an individual for a specific discipline or a certification the department grants after a lapse in certification of 12 months or more.
"Interim certification" means a temporary status the department may grant to an individual who has applied for and is qualified to take a certification examination but is not yet eligible for initial certification.
"Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management programs.
"Interior windowsill" or "window stool" means the portion of the horizontal window ledge adjacent to the interior side of the window sash when the window is closed. On older homes, the interior windowsill frequently protrudes into the interior of the room.
"Lead" means the metallic element known by the symbol "Pb" in the periodic table of chemical elements.
"Lead-based paint" or "lead-bearing paint" means paint or any other surface coating material containing more than 0.06% lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paint or in the dried film of applied paint, or more than 0.7 milligrams lead per square centimeter in the dried film of applied paint.
DHS 163.03 Note
Note: This definition means that Wisconsin considers paint to be lead-based paint when it contains a lower amount of lead than the amount of lead in the U.S. EPA/HUD definition of lead-based paint.
"Lead-based paint hazard" means any condition that causes exposure to lead from dust-lead, soil-lead, deteriorated paint that is not proven to be lead-free, or lead-based paint that is present on friction surfaces, impact surfaces, or surfaces that are chewed or mouthed, as observed or evidenced by teeth marks and would result in adverse human health effects.
"Lead abatement supervisor" means an individual who supervises or performs lead abatement or other lead hazard reduction activities.
"Lead abatement worker" means an individual who performs lead abatement or other lead hazard reduction activities.
"Lead company" means a company, partnership, corporation, sole proprietorship, association, governmental agency or other entity that performs, supervises, advertises, claims to provide or offers to perform or supervise a lead hazard reduction activity or lead investigation activity.
"Lead exposure" means a level of lead in the blood of 10 or more micrograms per 100 milliliters of blood.
"Lead-free inspection" means a lead investigation activity conducted to determine whether a dwelling, dwelling unit, child-occupied facility or other premises qualifies for a certificate of lead-free status.
"Lead hazard" means any substance, surface or object that contains lead and that, due to its condition, location or nature, may contribute to the lead poisoning or lead exposure of a child under 6 years of age.
"Lead hazard investigator" means an individual who conducts lead hazard screen, risk assessment, lead-safe investigation or clearance activities or provides options to reduce specific lead hazards but does not use an XRF or conduct lead inspections.
"Lead hazard reduction activity" means any action intended to permanently or temporarily reduce or eliminate human exposure to lead-based paint hazards, including abatement, interim controls, and paint stabilization.
"Lead hazard reduction discipline" means a job category for which individuals are trained and become certified by the department to conduct specific lead hazard reduction activities. Lead hazard reduction disciplines are lead abatement supervisor, abatement worker and project designer.
"Lead hazard screen" means a risk assessment activity to determine whether a structure in good condition is free of lead-based paint hazards or should have a full risk assessment. A lead hazard screen involves less paint or dust sampling or testing than in a full risk assessment.
"Lead inspection" means the on-site, surface-by-surface investigation of painted, varnished or other coated surfaces to determine the presence of lead.
"Lead inspector" means an individual who conducts a lead-free inspection, or lead inspection and who may also conduct clearance activities.
"Lead investigation activity" means any activity that determines whether lead-based paint or lead hazards are present. Lead investigation activities include clearance, dust-wipe sampling, elevated blood lead investigation, lead-free inspection, lead inspection, lead hazard screen, lead-safe investigation, paint chip sampling, risk assessment and soil sampling activities.
"Lead investigation discipline" means a job category for which individuals are trained and become certified by the department to conduct specific lead investigation activities. Lead investigation disciplines are lead hazard investigator, inspector, risk assessor and sampling technician.
"Lead project designer" means an individual who designs abatement projects and who may also write occupant protection plans or abatement reports.
"Lead risk assessor" means an individual who conducts lead investigation activities.
"Lead sampling technician" means an individual who independently performs limited clearance activities or assists a lead hazard investigator, inspector or risk assessor in conducting other lead investigation activities, including collecting paint-chip, dust-wipe or soil samples.
"Lead-safe investigation" means a lead investigation activity conducted to determine whether a dwelling, dwelling unit, child-occupied facility or other premises qualifies for a certificate of lead-safe status.
"Lead-safe company" means a company, partnership, corporation, sole proprietorship, association, governmental agency or other entity that performs, advertises, claims to provide or offers to perform renovation activities in target housing or child-occupied facilities.
"Lead-safe renovator" means an individual who performs or directs workers who perform renovation activities in target housing or child-occupied facilities.
"Loading" means the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.
"Mid-yard" means an area of a yard approximately midway between the outermost edge of the dripline of a structure and the nearest property boundary or midway between the outermost edges of the driplines of a structure and another building on the same property.
"Minor repair and maintenance activities" means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by s. DHS 163.14 (11) (h)
are used, and where the work does not involve window replacement or demolition. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within 30 consecutive days shall be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.