Chapter DHS 163

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.