DHS 163.03 (13) (d) A structure that is being converted to a child-occupied facility.
Section 3. DHS 163.03 (18) (Note), (29) (Note), (35) and (41) are amended to read:
DHS 163.03 (18) (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 the current edition of the HUD “Guidelines for the Evaluation and Control for of Lead-Based Paint Hazards in Housing,” available at http://hud.gov/program_offices/healthy_homes/lbp/hudguidelines.
DHS 163.03 (29) (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 of Lead-Based Paint Hazards in Housing (current edition); 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 http://hud.gov/lead or from the EPA website at www.epa.gov/lead http://epa.gov/lead.
DHS 163.03 (35) “Dust sample" means a sample of dust collected using a documented methodology, such as a dust wipe sample or vacuum sampling.
DHS 163.03 (41) “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. has the meaning given in s. 101.01 (3), Stats. Section 4. DHS 163.03 (41) (Note) is repealed.
Section 5. DHS 163.03 (61) is amended to read:
DHS 163.03 (61) “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, more than 0.5% lead by weight in the dried film of applied paint, or more than 0.7 milligrams 1 milligram of lead per square centimeter in the dried film of applied paint.
Section 6. DHS 163.03 (61) (Note) is repealed.
Section 7. DHS 163.03 (63), (66), (74), and (76) are amended to read:
DHS 163.03 (63) “Lead-based paint hazard" means any condition that causes exposure to lead from dust-lead, soil-lead, deteriorated lead-based 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.
DHS 163.03 (66) "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 renovation activity, lead hazard reduction activity or, lead investigation activity, or lead training activity.
DHS 163.03 (74) "Lead inspection" means the on-site, surface-by-surface investigation sampling or testing of painted, varnished or other coated surfaces all testing combinations to determine the presence of lead lead-based paint.
DHS 163.03 (76) “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, partial lead inspection, risk assessment, and, soil sampling, and XRF testing activities.
Section 8. DHS 163.03 (82) is repealed.
Section 9. DHS 163.03 (88r) and (91m) are created to read:
DHS 163.03 (88r) “Partial lead inspection” means an on-site sampling or testing of one or more, but not all, testing combinations in any target housing or child-occupied facility to determine the presence of lead-based paint.
DHS 163.03 (91m) “Porch” means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any building, and having a roof and floor.
Section 10. DHS 163.03 (96) (Note) and (96m) are amended to read:
DHS 163.03 (96m) "Recognized test kit" means a commercially available kit recognized by the department EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 0.7 milligrams 1 milligram per square centimeter, or more than 0.06% 0.5% lead by weight as defined under s. DHS 163.03 (61), in a paint chip, paint powder, or painted surface. Section 11. DHS 163.03 (96m) (Note) and (97) are repealed.
Section 12. DHS 163.03 (102m) and (107m) are created to read:
DHS 163.03 (102m) “Room equivalent” means an identifiable part of a residence, such as a room, a house exterior, a foyer, a staircase within a housing unit, a hallway within a housing unit, or an exterior area (exterior areas contain items such as play areas, painted swing sets, painted sandboxes, etc.). Closets or other similar areas adjoining rooms should not be considered as separate room equivalents unless they are obviously dissimilar from the adjoining room equivalent.
DHS 163.03 (107m) “Testing combination” means a unique combination of room equivalent, building component type, and substrate.
Section 13. DHS 163.03 (108) and (109) are amended to read:
DHS 163.03 (108) "Training certificate diploma" means a document meeting the requirements of s. DHS 163.20 (9), issued by a training manager to an individual as evidence the individual has successfully completed the course specified in the document. DHS 163.03 (109) "Training hour" means 60 50 minutes of actual instruction, which shall include time devoted to learning activities, including lecture, small group activities, demonstrations, evaluations or hands-on activities.
Section 14. DHS 163.03 (113) is repealed.
Section 15. DHS 163.10 (1) (intro.), (1) (bm), and (d) 2. are amended to read:
DHS 163.10 (1) (intro.) Except as provided under par. 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), and, (d), and (e), shall also be certified by the department under this subchapter and shall be associated with a certified lead company or lead-safe company through ownership, employment or contract to do any of the following:
DHS 163.10 (1) (bm) Perform, supervise or offer to perform or supervise a renovation activity for compensation in target housing or a child-occupied facility on or after April 22, 2010.
DHS 163.10 (1) (d) 2. The paint to be involved in the renovation activity has been tested by a certified lead-safe renovator using a department 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). Section 16. DHS 163.10 (1) (e) is repealed and recreated to read:
DHS 163.10 (1) (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.
Section 17. DHS 163.10 (2) (b) 3., 4., & (c) are amended to read:
DHS 163.10 (2) (b) 3. `Lead hazard investigator.' A certified lead hazard investigator may conduct any clearance, elevated blood-lead investigation, lead hazard screen, lead-safe investigation or risk assessment activity. A certified lead hazard investigator may assist a certified lead inspector or risk assessor to conduct a lead inspection, partial lead inspection, or lead-free inspection, but may not use an XRF.
DHS 163.10 (2) (b) 4. `Lead risk assessor.' A certified lead risk assessor may conduct any lead investigation activity, including clearance, lead-free inspection, lead inspection, partial lead inspection, elevated blood-lead investigation, lead hazard screen, lead-safe investigation and risk assessment activities, and may use an XRF.
DHS 163.10 (2) (c) Lead-safe renovator discipline. A certified lead-safe renovator may supervise or perform renovation activities, provide training on lead-safe work practices to uncertified workers, provide pre-renovation education materials to occupants and owners, conduct pre-renovation component testing using a department-recognized test kit, and conduct post-renovation cleaning verification.
Section 18. DHS 163.10 (3) (c) 1. (intro), a., b., and b. (Note) are repealed and recreated to read:
DHS 163.10 (3) (c) 1. `Examination requirement.' To be certified, an applicant for initial certification as a lead abatement supervisor, hazard investigator, inspector, or risk assessor shall pass a certification examination administered by the department or by a person authorized by the department to administer the certification examination under the department's direction or with the department's approval.
Section 19. DHS 163.10 (3) (c) 2. a. & b. are repealed and recreated to read:
DHS 163.10 (3) (c) 2. ‘Timing of certification examination.’ An applicant for initial certification to whom the department granted interim certification under sub. (6) (b) shall take the next available certification examination offered at a reasonably accessible location, as determined by the department. The applicant with interim certification may take the certification examination a maximum of 3 times within 6 months after completing an approved training course for the discipline under s. DHS 163.11. If an applicant does not pass the certification examination and become certified by the department after up to 3 attempts within this 6-month period, the department may revoke the interim certification and shall deny initial certification. The individual will not be eligible to re-apply for a period of 12 months from the date of denial. The individual shall retake the initial training course before reapplying for initial certification in the same discipline. Section 20. DHS 163.10 (3) (c) 3. (intro), a., b., and b. (Note) are repealed and recreated to read:
DHS 163.10 (3) (c) 3. `Certification examination registration.' To register for a certification examination, an applicant shall submit to the department a completed application for certification under sub. (5) with the appropriate fees under sub. (5) (g).
Section 21. DHS 163.10 (4) & (5) (a) are amended to read:
DHS 163.10 (4) Submission of documentation. If an applicant submits a photocopy rather than an original document, the applicant shall have the copy notarized department may require the copy to be signed by a notary public as a true copy of the original before submitting the copy to the department.
DHS 163.10 (5) (a) Application form. A fully and accurately completed complete application signed by the applicant on a form obtained from the department. The applicant shall include the applicant's social security number on the application and shall personally sign the application affidavit verifying the accuracy of the information.
