"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Note: Section 108.02 (12) (b), Stats., was repealed effective 7-4-10.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.
DHS 163.03 Note
Note: See definitions of `demolition' and `renovation.'
"Multi-family dwelling" means a single structure that contains more than one dwelling unit.
A person, other than a guest, who leases or lawfully resides in a dwelling as the person's home or residence.
A person who leases or lawfully occupies a premises that is not a dwelling, such as a child-occupied facility.
"Occupant protection plan" means a written plan developed prior to a lead hazard reduction activity that describes the measures that will be taken to protect the building occupants from exposure to lead-based paint hazards.
"Pamphlet" means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools or any other pamphlet approved by the department and EPA pursuant to 40 CFR 745.326
that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet, except for the addition of local sources of information.
"Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as asphalt or concrete. Grass, mulch and other landscaping materials are not considered permanent coverings.
"Person" means any individual or entity, including a sole proprietorship, corporation, limited liability corporation, partnership or association, Indian tribe, state or local agency or political subdivision of a state, interstate body, or department, agency or other instrumentality of the federal government.
"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.
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.
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.
"Principal instructor" means an individual who has the primary responsibility for organizing and teaching a training course.
"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.
"Real property" means the land, buildings and improvements, and all contiguous property under the same ownership.
"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 Note
A list of recognized laboratories is available on the department website at www.dhs.wisconsin.gov/lead
, or write Asbestos and Lead Section, Room 137, P.O. Box 2659, Madison, WI 53701-2659; e-mail firstname.lastname@example.org
; ph. 608-261-6876; or fax 608-266-9711.
"Recognized test kit" means a commercially available kit recognized by the department as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 0.7 milligrams per square centimeter, or more than 0.06% lead by weight as defined under s. DHS 163.03 (61)
, in a paint chip, paint powder, or painted surface.
DHS 163.03 Note
A list of department-recognized test kits is available on the department website at www.dhs.wi.gov/lead
; email email@example.com
; ph. 608-261-6876; fax 608-266-9711; or Asbestos and Lead section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659.
"Regional lead training center" means an institution sponsored by the EPA before March 1, 1999, to develop or conduct lead training courses.
"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.
"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.