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 DHS 163.10 (1) (e) is repealed and recreated to read: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 (intro), a., b., and b. (Note) are repealed and recreated to read: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.
Section 22. DHS 163.10 (5) (a) (Note) is created to read:
DHS 163.10 (5) (a) (Note) Under ss. 250.041 and 254.115, Stats., the social security number is required but will not be made available to the public. Section 23. DHS 163.10 (5) (b) is amended to read:
DHS 163.10 (5) (b) Photograph. Except when a photograph was submitted to the department by a training provider after the applicant completed a required course, a clearly identifiable color photograph of the applicant's face in a standard passport size of 2‶ x 2‶ applicant, taken within the previous 24 months and resolution in the format specified by the department.
Section 24. DHS 163.10 (5) (c) 1. & 2. are repealed and recreated to read:
DHS 163.10 (5) (c) Photo identification. An individual who has not completed a course accredited by the department shall provide a clear copy of an official photo identification with date of birth, such as a state-issued identification, driver's license, or passport.
Section 25. DHS 163.10 (5) (d) is amended to read:
DHS 163.10 (5) (d) Documentation of training. All previous required training certificate diplomas or other documentation for required training under s. DHS 163.11. In addition, the department may ask the training provider or another certification program to verify training was completed as documented.Section 26. DHS 163.10 (5) (f) 1. & 2. are repealed and recreated to read:
DHS 163.10 (5) (f) Other documentation. An applicant requesting certification based on current certification issued by EPA or another EPA-authorized state or tribal program shall submit a copy of their current certification issued by EPA or an EPA-authorized state or tribe, notarized as a true copy of the original document.
Section 27. DHS 163.10 (5) (g) 1. a. to h., 2., 3., 4. (Note 1) & (Note 2), and (6) (a) are amended to read:
DHS 163.10 (5) (g) 1. a. For certification as a lead abatement supervisor a fee of $125 $275.
DHS 163.10 (5) (g) 1. b. For certification as a lead abatement worker, a fee of $75 $100.
DHS 163.10 (5) (g) 1. c. For certification as a lead hazard investigator, a fee of $150 $325.
DHS 163.10 (5) (g) 1. d. For certification as a lead inspector, a fee of $150 $325.
DHS 163.10 (5) (g) 1. e. For certification as a lead project designer, a fee of $175 $375.
DHS 163.10 (5) (g) 1. f. For certification as a lead risk assessor, a fee of $175 $375.
DHS 163.10 (5) (g) 1. g. For certification as a lead sampling technician, a fee of $50 $75.
DHS 163.10 (5) (g) 1. gm. For certification as a lead-safe renovator, a fee of $50 $75.
DHS 163.10 (5) (g) 1. h. To request a government certification fee exemption, the applicant shall complete the exemption section of the application and submit a letter from the employing governmental agency describing the job duties that qualify the employee for a government certification fee exemption government agency that verifies employment and need for certification.
DHS 163.10 (5) (g) 2. `Certification examination fee.' For lead abatement supervisor, hazard investigator, inspector or risk assessor initial certification, a nonrefundable certification examination registration of $50 $75.
DHS 163.10 (5) (g) 3. `Replacement card fee.' If a certification card is lost, stolen or damaged, the individual who was issued the card may request the department to issue a replacement card and shall include with any request a fee of $25 and an identifying photograph in a standard passport size of 2‶ by 2‶, taken within the previous 24 months.
DHS 163.10 (5) (g) 4. (Note 1) Application and credit card payment forms Applications are available on the department website at www.dhs.wisconsin.gov/lead; email dhsasbestoslead@wisconsin.gov; ph. 608-261-6876; fax 608-266-9711; or Asbestos and Lead Section, 1 W. Wilson Street, Room 137, P.O. Box 2659, Madison, WI 53701-2659 http://dhs.wi.gov/lead. To request a form by mail, call 608-261-6878 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445. DHS 163.10 (5) (g) 4. (Note 2) Submit application and fee to the Asbestos and Lead Section, Room 137, 1 W. Wilson Street, P.O. Box 2659, Madison, WI 53701-2659, or fax to 608-266-9711according to form instructions. For application submitted by fax, payment may be made only To pay by credit or debit card, or electronic check, charge to a VISA or MasterCard apply online at http://dhs.wi.gov/lead. DHS 163.10 (6) (a) Time limit. Within 10 15 working days after receipt of a fully and accurately completed certification application, as specified in sub. (5), the department shall grant interim or initial or deny certification or shall deny certification.
Section 28. DHS 163.10 (6) (am) is created to read:
DHS 163.10 (6) (am) Provisional certification. The course completion diploma shall serve as a temporary certification for persons who have submitted a fully and accurately completed certification application, as specified in sub. (5), until the certification card from the department has been issued.
Section 29. DHS 163.10 (6) (b), (c) 1. & 2. are amended to read:
DHS 163.10 (6) (b) Grant interim certification. Subject to provisions for lead inspector and risk assessor applicants under sub. (3) (d) 2., the The department may grant interim certification to an individual who applies for lead abatement supervisor, hazard investigator, inspector, or risk assessor certification, meets all of the certification examination prerequisites under sub. (3) (c) 3. and is registered for, but has not passed, the certification examination for the discipline. Sub. (3) (d) 2. also applies to lead inspector and risk assessor applicants. When interim certification is granted, the department shall issue or arrange for the issuance of an interim certification card for the appropriate specific discipline under sub. (2). An individual may be granted interim certification only once per discipline per lifetime.
DHS 163.10 (6) (c) 1. `Upon application.' If an individual applies for certification and meets all of the conditions for initial certification under sub. (3), the department may grant initial certification. When certification is granted, the department shall issue or arrange for the issuance of a certification card for the appropriate specific discipline under sub. (2).
DHS 163.10 (6) (c) 2. `Upon passing certification examination.' When an individual with interim certification passes the certification examination for the discipline, the department shall change the individual's certification from interim to initial and shall issue a revised certification card for the balance of the certification term for which the individual applied and was qualified.
Section 30. DHS 163.10 (7) (b) 1. & 2. are repealed and recreated to read:
DHS 163.10 (7) (b) Initial certification. Initial certification shall remain valid for 2 years after the completion date of the most recent training required under s. DHS 163.11.
