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(b) Machine chipping, grinding, planing or sanding. When a certified person conducts machine chipping, machine grinding, machine planing or machine sanding of paint, he or she shall do all of the following:
1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.
2. Use engineering controls that contain the dust and debris and that include the use of a properly operating HEPA-filtered exhaust control, such as a shrouded power tool attached to a HEPA vacuum.
3. Use containment for interior work to isolate abatement areas from the rest of the property.
(c) Paint stripping. When a certified person conducts chemical paint stripping, he or she shall follow the manufacturer’s directions and may not use chemical strippers that contain methylene chloride.
Note: Using a chemical paint stripper to remove lead-based paint from a component may force lead into the substrate. Lead-safe work practices should be used when abrading a component from which lead-based paint has been chemically stripped.
(d) Power washing. When a certified person conducts power washing of paint, he or she shall use a containment system to prevent the wastes generated from contaminating soils or surface waters or from becoming airborne and dispersing. The certified person shall separate paint chips and other solid residues from the water, and collect and properly manage the paint chips and other solid residues.
Note: Some local governments prohibit power washing. OSHA and DNR also have regulations that apply to power washing.
(e) Removing a painted component. When, in removing any painted component, excluding removal of painted trim that is not part of a window system or part of a door system, a certified person disturbs more than 2 square feet of lead-based paint, he or she shall use containment to isolate abatement areas from the rest of the property.
(f) Using a heat gun. When a certified person removes paint with a heat gun, he or she shall operate the heat gun at a temperature below 1100° F.
(5) Clearance.
(a) Who may conduct.
1. A certified lead hazard investigator, inspector or risk assessor may conduct clearance for any lead hazard reduction or renovation activity.
2. A lead sampling technician may conduct clearance for renovation or interim control activities.
3. The certified individual conducting clearance shall be associated with a certified lead company.
(b) Prohibitions on who may conduct. The person conducting clearance may not do any of the following:
1. Be the company or associated by employment, contract or other agreement with the company that performs or pre-cleans the lead hazard reduction or renovation activity being cleared.
2. Communicate to others the location where clearance dust wipes will be collected.
3. Be the property owner, an immediate family member, agent or employee of the property owner.
4. Be a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.
5. Be a person hired by or under contract with, or authorized by, the property owner to manage or maintain the property owner’s real property as directed by the property owner.
6. Be a person who has a financial interest in the laboratory results of the sampling.
(c) Clearance protocol. In performing clearance, the certified lead hazard investigator, inspector, risk assessor or sampling technician shall comply with all of the following in an unbiased, objective and impartial manner:
1. ‘Visual inspection of work.’ Perform a visual inspection to determine if work specified in any contract, work plans, orders or other specifications has been completed and if any visible amounts of dust, debris or residue are present. If work has not been completed or if visible amounts of dust, debris or residue are present, the person who performed the activity being cleared shall eliminate these conditions prior to the continuation of the clearance procedures.
2. ‘Timing of sampling.’ Following a successful visual inspection and a minimum of one hour after completion of final cleanup activities, conduct clearance sampling for dust-lead by collecting single-surface dust samples using documented methodologies that incorporate adequate quality control procedures.
3. ‘Location of sampling for work conducted in containment.’
a. In at least 4 rooms, hallways, stairwells or other living areas within the containment area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the containment area, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas within containment.
b. Collect one dust sample from the floor of a common area within containment for every 2,000 square feet of floor, and one dust sample from the floor of a common area outside containment. The dust sample taken outside containment shall be collected within 10 feet of the containment doorway.
4. ‘Location of sampling for work conducted without containment.’
a. In at least 4 rooms, hallways, stairwells or other living areas in or near the work area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the residential dwelling or child-occupied facility, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas.
b. Collect one dust sample from the floor of a common area for every 2,000 square feet of floor.
5. ‘Random sampling in multi-family dwellings.’ Following an interior activity in a multi-family dwelling with similarly constructed and maintained dwelling units, conduct random sampling for purposes of clearance provided that:
a. The persons who perform the activities, including cleanup, do not know which dwelling units will be selected for the random sample.
b. A sufficient number of dwelling units are selected for dust sampling to provide a 95% level of confidence that at least 95% of all dwelling units would pass clearance if all dwelling units were sampled. In a housing complex with more than 1,000 dwelling units, no sampled dwelling unit may fail clearance and a sufficient number of dwelling units shall be selected for dust sampling to provide a 95% level of confidence that no more than 5% of all dwelling units or 50 dwelling units, whichever is smaller, would fail clearance if all dwelling units were sampled.
Note: For assistance in selecting the correct sample size, refer to the most current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.
c. The randomly selected dwelling units are sampled and evaluated for clearance according to the procedures found in par. (c).
6. ‘Visual inspection of exterior work area.’ Following an exterior activity, conduct a visual inspection. All horizontal surfaces on the exterior, including the ground, and all worker pathways shall be found to be cleaned and free of visible dust, debris, residue, and paint chips. If paint chips, dust, debris, or residue are present, the person who conducted the activity being cleared shall properly clean, disposing of any waste according to applicable federal, state and local government requirements.
7. ‘Laboratory analysis.’ Have collected samples analyzed by a recognized laboratory to determine the detectable levels of lead that can be quantified numerically.
8. ‘Interpretation of laboratory results.’ Compare the residual lead level from each dust sample, as determined by laboratory analysis, with the applicable clearance level for lead in dust on floors, interior windowsills and window troughs. If the residual lead level in a dust sample equals or exceeds the applicable clearance level, all of the components represented by the failed sample shall be recleaned or sealed by the person who conducted the activity being cleared and retested by the person conducting clearance until clearance levels are met. For dust wipe samples taken during clearance, clearance is achieved when the laboratory result for a sample is less than the following:
a. Ten micrograms per square foot (10 μg/ft2) on an interior floor.
am. Forty micrograms per square foot (40 μg/ft2) on a porch floor.
b. One hundred micrograms per square foot (100 μg/ft2) on an interior windowsill.
c. One hundred micrograms per square foot (100 μg/ft2) on window wells or troughs.
9. ‘Preparation of report following clearance of activities involving abatement.’ Within 10 working days after clearance of activities involving abatement or within 10 working days after receipt of any required laboratory results, whichever is later, prepare a written clearance report for submission to the person who conducted the activities being cleared and to the property owner or the person who contracted for the clearance. The report shall include all of the following information:
a. Date and time of the clearance.
b. Address of the job site, including street address and unit number when applicable.
c. Name, address, telephone number and certification number of each individual and lead company conducting the clearance and signature of each certified lead hazard investigator, inspector, risk assessor or sampling technician.
cm. The description and results of the visual inspection for the presence of visible dust, debris, residue, or paint chips and the presence of deteriorated paint.
cr. The specific locations on the property where clearance samples were taken.
d. A copy of the laboratory report with the results of clearance testing and, if applicable, all soil analyses. The clearance report shall include the name, address and telephone number of each laboratory that conducted the analyses.
10. ‘Preparation of report following clearance of interim controls or renovation activities.’ Within 10 working days after clearance of interim controls or renovation activities or within 10 working days after receipt of any required laboratory results, whichever is later, prepare a written clearance report for submission to the person who conducted the activities being cleared and to the property owner or the person who contracted for the clearance. The report shall include all of the following information:
a. All information under subd. 9.
b. The start and completion dates of the non-abatement lead-based paint activity.
c. The name and address of each company conducting the interim controls or renovation activities.
d. The name and department certification number of the person in charge of the work.
e. A description of the interim controls or renovation activities.
11. ‘Submission of clearance results involving registered lead-safe property.’ Within 10 working days after receipt of clearance results involving a registered lead-safe property, the certified person who conducted the clearance shall submit all of the following clearance information to the department on a form obtained from the department:
a. The registered lead-safe property identification number as shown on the lead-safe certificate.
b. The address of the property as shown on the lead-safe certificate.
c. The name and lead certification identification number of the primary person who conducted the clearance.
d. The name and department-issued lead identification number of the recognized laboratory that processed the clearance samples.
e. The clearance results as reported by the recognized laboratory.
Note: Submit required information by mail to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445, by email to dhsasbestoslead@wi.gov, or by fax to 608-266-9711.
(6) Elevated blood lead investigation.
(a) Who may conduct. Only a certified lead hazard investigator or risk assessor may perform an elevated blood lead investigation.
(b) Elevated blood lead investigation protocol. An elevated blood lead investigation in response to a child with lead poisoning shall be conducted according to documented methodologies consistent with funding criteria and guidance issued to public health agencies by the department.
(7) Lead hazard screen.
(a) Who may perform. Only a certified lead hazard investigator or risk assessor associated with a certified lead company may perform a lead hazard screen involving target housing or a child-occupied facility. Under direct on-site supervision of a certified lead hazard investigator or risk assessor, a certified lead inspector or sampling technician may assist with a lead hazard screen.
(b) Lead hazard screen protocol. In performing a lead hazard screen, the certified lead hazard investigator or risk assessor shall comply with all requirements under pars. (c) to (g).
(c) Background information. Collect background information on the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to a child under 6 years of age.
(d) Deteriorated paint. Conduct a visual inspection of the real property to determine if any deteriorated paint is present. Treat untested deteriorated paint as lead-based paint. If a contract under s. DHS 163.13 (5) (d) specifies that sampling for the presence of lead-based paint should be conducted, do all of the following:
1. Use documented methodologies that incorporate adequate quality control procedures to sample or test each testing combination with deteriorated paint.
2. Have all collected paint chip samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.
3. Determine that lead-based paint is present if the laboratory results are more than 0.5% lead by weight or that lead-based paint is not present if the laboratory results are equal to or less than 0.5% lead by weight.
Note: Refer to s. DHS 163.03 (29) for documented methodologies.
(e) Dust-lead.
1. Collect 4 dust samples from the floors and 4 dust samples from the windows, in rooms, hallways, stairwells or other living areas where a child under 6 years of age is most likely to come into contact with dust.
2. In multi-family dwellings and child-occupied facilities, collect dust samples from common areas where a child under 6 years of age is most likely to come into contact with dust in addition to samples collected under subd. 1.
3. Collect all dust samples by using documented methodologies that incorporate adequate quality control procedures.
4. Have all collected dust samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.
(f) Lead-based paint hazards. Evaluate the results of the lead hazard screen against the lead-based paint hazard levels under s. DHS 163.15 to determine whether a lead-based paint hazard is present.
(g) Written report. Within 10 working days after a lead hazard screen or receipt of any required laboratory results, whichever is later, prepare a written lead hazard screen report for submission to the person who contracted for the lead hazard screen. The report shall include all of the following information:
1. Date of the lead hazard screen.
2. Address of each building screened.
3. Date of construction of buildings.
4. Apartment number of units screened, if applicable.
5. Name, address and telephone number of each current owner of each building.
6. Name, address, telephone number, certification number and signature of each certified individual participating in the lead hazard screen.
7. Name, address, telephone number and certification number of the certified lead company conducting the lead hazard screen.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.