Chapter DHS 163

DHS 163.42(3)(b)3. 3. ‘Lead-safe information pamphlet.’ The lead-safe information pamphlet shall be obtained from or approved by the department.

DHS 163.42(3)(b)4. 4. ‘Form for reporting deteriorated paint and other potential lead-based paint hazards.’ The form for reporting deteriorated paint, failure of an enclosure, encapsulation or covering, and any other potential lead-based paint hazards shall be obtained from the department or may be another form that shall include a request for all of the following information:

DHS 163.42(3)(b)4.a. a. The name and contact information for the person submitting the form.

DHS 163.42(3)(b)4.b. b. The location and a brief description of the deteriorated paint, failure of an enclosure, encapsulation or covering, or other potential lead-based paint hazard.

DHS 163.42(3)(b)4.c. c. The date the form is delivered to the property owner or the property owner’s agent or employee.

DHS 163.42(3)(b)4.d. d. Optional disclosure of the presence of a child under age 6.

DHS 163.42(3)(b)5. 5. ‘Timing for distribution of required materials after issuance of a certificate.’ The property owner shall ensure that distribution of materials under subds. 3. and 4. is completed within 60 days after issuance of a certificate of lead-safe status.

DHS 163.42 Note Note: The lead-safe information pamphlet, registered lead-safe property poster, and the form for reporting deteriorated paint and potential lead-based paint hazards are available on the department website at http://dhs.wi.gov/lead. To request a form by mail, 608-261-6876or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445.

DHS 163.42(3)(b)6. 6. ‘Timing for distribution at start of tenancy.’ The property owner shall ensure that distribution of materials under subds. 3. and 4. is completed as follows:

DHS 163.42(3)(b)6.a. a. For tenancy of a dwelling unit under a rental agreement, prior to the start of tenancy, entering into a rental agreement or accepting earnest money or a security deposit, whichever is later.

DHS 163.42(3)(b)6.b. b. For tenancy of a dwelling unit in the absence of a rental agreement, prior to the start of tenancy by an occupant age 16 years or older who holds possession for a period of 30 consecutive days or more with the knowledge and consent of the owner and materials have not been distributed to other occupants of the dwelling unit within the previous 12 months.

DHS 163.42 Note Note: For rental housing, the required materials may be distributed together with disclosure materials required under HUD regulations under 24 CFR Part 35, Subpart H and EPA regulations under 40 CFR Part 745 Subpart F.

DHS 163.42(3)(b)7. 7. ‘Timing for distribution on an ongoing basis.’ When a certificate of lead-safe status is issued for 3 years or more, the property owner shall ensure that materials under subds. 3. and 4. be distributed no later than every 13 months as long as the tenancy continues unless the property owner chooses to post a lead-safe information pamphlet in each dwelling unit covered by the certificate of lead-safe status.

DHS 163.42(3)(c) (c) Conduct visual inspection. When a certificate of lead-safe status is issued for 3 years or more, the property owner shall ensure that the registered lead-safe property has a visual inspection conducted as follows:

DHS 163.42(3)(c)1. 1. The visual inspection shall be completed no later than every 13 months.

DHS 163.42(3)(c)2. 2. During the visual inspection, the registered lead-safe property shall be examined visually for the presence of deteriorated paint that is not proven to be lead-free, failure of an enclosure, encapsulant or covering, and the presence of other potential lead-based paint hazards using documented methodologies. Components that previously were determined to be free of lead-based paint in accordance with procedures under s. DHS 163.40 (2) (c) may be excluded from the visual inspection.

DHS 163.42(3)(c)3. 3. The results of the visual inspection shall be recorded on a visual inspection form obtained from or approved by the department. The form shall include all of the following:

DHS 163.42(3)(c)3.a. a. The date of the visual inspection.

DHS 163.42(3)(c)3.b. b. The name and contact telephone number of the person who conducted the visual inspection.

DHS 163.42(3)(c)3.c. c. The result of the visual inspection.

DHS 163.42(3)(c)4. 4. The visual inspection form shall be maintained under par. (h) and, when requested, shall be submitted to the department within 10 working days.

DHS 163.42(3)(c)5. 5. Any deteriorated paint that is not proven to be lead-free and any failing enclosure, encapsulation or covering shall be repaired and any lead-based paint hazard removed according to the timeframe under par. (d).

DHS 163.42(3)(d) (d) Remove lead-based paint hazards.

DHS 163.42(3)(d)1. 1. Subject to the provisions under subds. 2. to 6., the property owner or the property owner’s agent or employee shall ensure that any failing enclosure, encapsulation or covering, or untested deteriorated paint, and any other potential lead-based paint hazard is repaired or removed within 20 working days of gaining knowledge of the potential lead-based paint hazard from any source, including a visual inspection under par. (e), a report by an adult or responsible occupant or the parent or guardian of an occupant who is under age 6 years, or a notice from a federal, state, or local governmental agency.

DHS 163.42(3)(d)2. 2. If the property owner or the property owner’s employee or agent knows or has reason to know that a child under the age of 6 occupies a unit where an interior lead-based paint hazard is located, the property owner or the property owner’s employee or agent shall ensure that measures are taken within 5 working days to protect the child from lead exposure. These measures may be temporary, such as temporarily covering deteriorated paint with duct tape or preventing access to the area, provided the repair or removal is completed within 20 working days.

DHS 163.42(3)(d)3. 3. If an exterior lead-based paint hazard is identified between October 1 and May 1, it shall be removed by June 1.

DHS 163.42(3)(d)4. 4. The failing enclosure, encapsulation or covering, untested deteriorated paint, or any other potential lead-based paint hazard shall be repaired or removed at an earlier date if the department or another governmental agency orders earlier action.

DHS 163.42(3)(d)5. 5. Repair or removal of a failing enclosure, encapsulation or covering, untested deteriorated paint, or any other potential lead-based paint hazard is not required when both of the following conditions apply:

DHS 163.42(3)(d)5.a. a. An individual certified in a lead investigation discipline uses documented methodologies to determine that neither a dust-lead hazard nor lead-based paint is present.

DHS 163.42(3)(d)5.b. b. All reports and data related to the determination are maintained under par. (h).

DHS 163.42(3)(d)6. 6. When exceptional circumstances prevent the timely repair or removal of a failing enclosure, encapsulation or covering, untested deteriorated paint, or any other potential lead-based paint hazard, the property owner or the property owner’s employee or agent may ask the department to grant an extension as follows:

DHS 163.42(3)(d)6.a. a. The property owner or the property owner’s agent or employee shall submit a written request for an extension for receipt by the department before the applicable timeframe under subds. 1. to 3.

DHS 163.42(3)(d)6.b. b. The request shall identify the registered lead-safe property by certificate registration number and shall clearly explain why an extension is necessary.

DHS 163.42(3)(d)6.c. c. A processing fee of $25 shall be submitted to the department with each request for an extension.

DHS 163.42(3)(d)6.d. d. Within 10 working days after receiving a request for an extension and the processing fee, the department shall grant or deny the request based on all facts available to the department.

DHS 163.42(3)(d)6.e. e. An extension may be granted by the department if the extension does not present a serious and immediate threat to a child under age 6 years. Each extension shall be unique to the particular situation for which the extension is granted and may not exceed 40 working days per extension.

DHS 163.42(3)(d)6.f. f. Any extension denied by the department may be appealed under s. DHS 163.33.

DHS 163.42 Note Note: Submit any extension request to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445, or by email to [e-mail].

DHS 163.42(3)(e) (e) Ensure appropriate certification.

DHS 163.42(3)(e)1. 1. When a property owner requests or allows an abatement or lead investigation activity to be conducted, the property owner shall ensure that persons conducting the abatement or lead investigation activity are appropriately certified under s. DHS 163.10 and are affiliated with a certified company under s. DHS 163.12.

DHS 163.42(3)(e)2. 2. When a property owner requests or allows an interim control or renovation activity to be conducted, the property owner shall inform persons conducting the activity that the activity involves registered lead-safe property and shall ensure that persons conducting the activity are appropriately certified under s. DHS 163.10 and are affiliated with a certified company under s. DHS 163.12.

DHS 163.42(3)(e)3. 3. When a lead investigation, abatement, interim control or renovation activity is conducted by a property owner or the property owner’s agent or employee, the property owner shall ensure compliance with certification and work practice requirements under this chapter.

DHS 163.42(3)(f) (f) Follow work practice standards. When a property owner requests or allows an interim control or renovation activity to be conducted, the property owner shall inform persons conducting the activity that they are required to comply with lead-safe renovation certification requirements under s. DHS 163.10 (1) and the work practices under s. DHS 163.14 (11).

DHS 163.42(3)(g) (g) Conduct clearance. When a property owner requests or allows an interim control or renovation activity to be conducted, the property owner shall ensure that clearance under s. DHS 163.14 (5) is conducted.

DHS 163.42(3)(h) (h) Maintain documentation. A property owner shall ensure that the following documentation is maintained for a minimum of one year after expiration of the certificate of lead-safe status that was in effect when the documented activity was conducted:

DHS 163.42(3)(h)1. 1. Reports, data and notices issued or obtained under requirements of this chapter and related to a registered lead-safe property, including lead-safe investigation reports, abatement notices, abatement reports, and clearance reports.

DHS 163.42(3)(h)2. 2. Visual inspection reports and occupant reports of potential lead-based paint hazards, with a notation as to the date received, when applicable, and the date the potential lead-based paint hazard was removed under par. (c) and by whom.

DHS 163.42 Note Note: Under federal disclosure requirements under 24 CFR Part 35 and 40 CFR Part 745, the seller or lessor of residential property must disclose the existence of any available records or reports pertaining to lead-based paint and lead-based paint hazards and provide the purchaser or lessee with any of these records or reports that are available to the seller or lessor.

DHS 163.42(4) (4) Applications for certificates of less than 12 months. Unless exempted by statute, a person may only apply for certificates of lead-safe status of less than 12 months for the identical premises as follows:

DHS 163.42(4)(a) (a) A person may apply for no more than 2 successive certificates of lead-safe status that have a duration of less than 12 months and, if again applying for a certificate of lead-safe status, shall apply for a certificate that has a duration of 12 months or more.

DHS 163.42(4)(b) (b) A person under par. (a) shall, if applying for a certificate of lead-safe status that is in addition to the certificates specified in par. (a) and that has a duration of less than 12 months, provide the department with the reason why a certificate of less than 12 months’ duration is needed.

DHS 163.42(4)(c) (c) A person under pars. (a) and (b) shall, if applying for a certificate of lead-safe status that is in addition to the certificates specified in pars. (a) and (b) and that has a duration of less than 12 months, provide the department with clear and convincing evidence of why a certificate of less than 12 months’ duration is needed.

DHS 163.42(5) (5) Revocation. If the department provides written notice of revocation, the grounds for revocation and an explanation of the process under s. DHS 163.33 for appealing a revocation not less than 30 days before the date of the revocation, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period, the department may revoke a certificate of lead-safe status for any of the following reasons:

DHS 163.42(5)(a) (a) The property owner or property owner’s employee or agent obtained the certificate by fraud.

DHS 163.42(5)(b) (b) The dwelling, dwelling unit, child-occupied facility or other premises is not free of lead-based paint hazards, as determined by sampling conducted using documented methodologies.

DHS 163.42(5)(c) (c) The certificate was issued in error.

DHS 163.42(5)(d) (d) The property owner or property owner’s employee or agent violated a condition under sub. (3) for maintaining the certificate of lead-safe status.

DHS 163.42(5)(e) (e) The property owner or property owner’s employee or agent created a lead-based paint hazard.

DHS 163.42(5)(f) (f) The property owner or property owner’s employee or agent violated another state, local or federal statute, ordinance, rule or regulation relating to lead-based paint at the registered lead-safe property.

DHS 163.42(5)(g) (g) The lead-safe investigation does not support that the property meets the registered lead-safe property standards under sub. (1) because the lead-safe investigation protocol under sub. (2) was not followed in determining that the property met the registered lead-safe property standards and a subsequent lead-safe investigation did not verify that the property met the lead-safe standards.

DHS 163.42 Note Note: When a property owner is notified of a problem with a lead-safe investigation, the property owner may hire a certified lead company to conduct a new lead-safe investigation to verify that the property was, in fact, eligible for the lead-safe certificate. If the property owner submits the investigation report for the new lead-safe investigation to the department, the department will review the report and stop the revocation action if the new lead-safe investigation verifies the property meets the standards.

DHS 163.42 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; CR 03-019: am. (1) (b) and (2) (a) 10., r. (1) (c) and (2) (e) 3. d., renum. (1) (d) to (j) to be (1) (c) to (i) and am. (1) (e) 2. c., r. and recr. (1) (i), cr. (2) (a) 10. c., Register July 2003 No. 571, eff. 8-1-03; EmR0928: emerg. am. (2) (a) 2. d., (3) (e) 1. to 3., (f) 1., 3. a. to c. and (g) 1., r. (3) (f) 2., eff. 10-16-09; CR 09-085: am. (2) (a) 2. d., (3) (e) 1. to 3., (f) 1., 3. a. to c. and (g) 1., r. (3) (f) 2. Register March 2010 No. 651, eff. 4-1-10; correction in (2) (f) 3. made under s. 13.92 (4) (b) 6., Stats., Register March 2010 No. 651; CR 19-110: am. (1) (a) to (c), r. and recr. (1) (d), (e), am. (1) (f) to (h), (2) (a) 2. e., (3) (d) 1., 4., 5. (intro.), a., 6., r. (3) (e) 4., am. (3) (f) 1., r. (3) (f) 3., (g) 2. Register June 2021 No. 786, eff. 7-1-21; (3) (f) 1., (g) 1. renumbered to (3) (f), (g) under s. 13.92 (4) (b) 1., Stats., Register June 2021 No. 786.