DHS 163.41(3)(c)(c) The lead-free inspection does not support that the property meets the registered lead-free property standards under sub. (1) because the lead-free inspection protocol under sub. (2) was not followed in determining that the dwelling, dwelling unit, child-occupied facility or other premises met the standards for registered lead-free property and a subsequent lead-free inspection does not verify that the dwelling, dwelling unit, child-occupied facility or other premises met the lead-free standards. DHS 163.41 NoteNote: When a property owner is notified of a problem with a lead-free inspection, the property owner may hire a certified lead company to conduct a new lead-free inspection to verify that the property was, in fact, eligible for the lead-free certificate. If the property owner submits the inspection report for the new lead-free inspection to the department, the department will review the report and stop the revocation action if the new lead-free inspection verifies the property meets the standards.
DHS 163.41(3)(d)(d) The property owner or his or her employee or agent obtained the certificate by fraud. DHS 163.41 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) (a) 2. d., eff. 10-16-09; CR 09-085: am. (2) (a) 2. d. 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. (2) (a) 2. e., 4. a. Register June 2021 No. 786, eff. 7-1-21. DHS 163.42DHS 163.42 Certificate of lead-safe status. DHS 163.42(1)(1) Registered lead-safe property standards. Under the standards in this subsection, paint is considered to be lead-based paint unless tested under s. DHS 163.40 (2) (c) and determined not to be lead-based paint. For registered lead-safe property, all locations under sub. (2) (a) 2. that are subject to a lead-safe investigation shall meet all of the following standards, as determined by a lead-safe investigation under sub. (2): DHS 163.42(1)(a)(a) Interior painted components. Interior painted components shall be free of deteriorated lead-based paint. DHS 163.42(1)(b)(b) Exterior painted components. Exterior painted components shall be free of deteriorated lead-based paint. DHS 163.42(1)(c)(c) Paint chips. Floors, stairways, windowsills, window wells or troughs and soil shall be free of visible paint chips. DHS 163.42(1)(d)(d) Substrate. Substrates with lead-based paint shall have no visible defect, damage, decay or deterioration that might cause paint failure. DHS 163.42(1)(e)(e) Dust-lead hazards. The property shall have no dust-lead hazards as defined under DHS 163.15 (1) (b). DHS 163.42(1)(f)(f) Moisture or water damage. Surfaces with lead-based paint shall be free from ongoing water damage caused by any of the following: DHS 163.42(1)(f)1.1. Unrepaired water leaks in gutters, downspouts, roofs, foundations or other components. DHS 163.42(1)(g)(g) Painted floors and stairs. Painted interior and exterior floors and stairs shall be free of deteriorated or abraded lead-based paint. DHS 163.42(1)(h)(h) Window systems, including storm and screen windows. For window systems with lead-based paint, all of the following apply: DHS 163.42(1)(h)1.1. Weep holes shall be present and open in any window system designed to have weep holes. DHS 163.42(1)(i)(i) Soil -lead hazard. There shall be no soil-lead hazard on registered lead-safe property. A soil-lead hazard is present when bare soil is present and an assessment conducted under s. DHS 163.14 (9) (g) determines that the bare soil is a soil-lead hazard under s. DHS 163.15 (2). DHS 163.42(2)(a)1.1. ‘Who may conduct.’ A lead-safe investigation shall be conducted by a certified lead hazard investigator or lead risk assessor associated with a certified lead company. 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-safe investigation. Certified individuals involved with conducting a lead-safe investigation shall conduct it in an unbiased, objective and impartial manner. All persons involved with conducting the lead-safe investigation shall meet the requirements under s. DHS 163.40 (2) (c) 3. DHS 163.42(2)(a)2.2. ‘Locations investigated.’ The registered lead-safe property covered by a certificate is limited to those locations subject to the lead-safe investigation under one or more of the following subd. pars., except that all dwelling units are included when a random selection process under subd. 2. c. is successfully used: DHS 163.42 NoteNote: Subd. 2. a. to c. apply to dwellings and subd. 2. d. applies to other premises that are not dwellings, such as child-occupied facilities.
DHS 163.42(2)(a)2.a.a. When a certificate of lead-safe status is being sought for a single dwelling unit, the locations investigated shall include the dwelling unit for which the certificate is being sought and all interior and exterior common areas for the real property associated with the dwelling where an occupant of the dwelling unit might be exposed to a lead-based paint hazard. DHS 163.42(2)(a)2.b.b. When a certificate of lead-safe status is being sought for an entire multi-family dwelling, the locations investigated shall include all dwelling units unless subd. 2. c. applies, and shall include all interior and exterior common areas for the real property associated with the dwelling where an occupant might be exposed to a lead-based paint hazard. DHS 163.42(2)(a)2.c.c. When a certificate of lead-safe status is being sought for a multi-family dwelling with more than 20 dwelling units that are similar in construction, age and have a common paint, maintenance and management history, the locations investigated shall include either all dwelling units or a subset of the dwelling units that are selected using the random selection process, and shall include all interior and exterior common areas for the real property associated with the dwelling where an occupant might be exposed to a lead-based paint hazard. When the random selection process is used, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 95% of all dwelling units would meet the standard for registered lead-safe property if all dwelling units were investigated. If any dwelling unit included in the lead-safe investigation does not meet the standard, a certificate of lead-safe status may not be issued. If conditions in the failed dwelling unit are corrected, conduct a new lead-safe investigation that includes a new selection of dwelling units using the random selection process. DHS 163.42 NoteNote: For assistance in selecting the correct number of dwelling units to include in the lead-safe investigation, 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. At the first instance that a property fails a lead-safe investigation, follow the actions agreed upon in the contract under s. DHS 163.13 (5) (e). Actions that might be required in the contract include stopping the lead-safe investigation or converting to a risk assessment. DHS 163.42(2)(a)2.d.d. When a certificate of lead-safe status is being sought for a premises that is not a dwelling, such as a child-occupied facility, the locations investigated shall include all interior and exterior common areas for the real property associated with the premises where an occupant of the child-occupied facility might be exposed to a lead-based paint hazard. DHS 163.42(2)(a)2.e.e. The lead-safe investigation may incorporate a determination from a prior lead investigation activity that lead-based paint is not present on a painted component when the prior lead investigation activity meets the requirements under s. DHS 163.40 (2) (c) 3. DHS 163.42(2)(a)3.3. ‘Sampling or testing for lead-based paint.’ Certified persons conducting a lead-safe investigation shall treat paint as lead-based paint unless the paint is sampled or tested under s. DHS 163.40 (2) (c) and determined not to contain lead-based paint. DHS 163.42(2)(a)5.5. ‘Collection of dust samples.’ For a lead-safe investigation of a dwelling, use documented methodologies to collect composite dust samples under subd. 6. or single-surface dust samples under subd. 7., and to collect single surface dust samples of common areas under subd. 8. For a lead-safe investigation of any other premises, use documented methodologies to collect single-surface dust samples under subd. 9. DHS 163.42 NoteNote: Composite dust sampling under this protocol is comparable to dust sampling conducted under a lead hazard screen and single-surface dust sampling is comparable to dust sampling conducted under a lead risk assessment. Documented methodologies for dust wipe samples under this protocol include the EPA protocols under 40 CFR 745.227, EPA guidance documents relating to the EPA protocols and Chapter 5 of HUD’s “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing.” DHS 163.42(2)(a)6.6. ‘Collect composite dust samples of a dwelling unit.’ Collect composite dust samples from a dwelling unit as follows: DHS 163.42(2)(a)6.a.a. Collect one or more composite dust sample consisting of 4 separate dust samples from the floors of the main entryway and rooms or areas where a child under age 6 years would most likely come into contact with dust. DHS 163.42(2)(a)6.b.b. Collect one or more composite dust sample consisting of 4 separate dust samples from the window troughs or 4 separate dust samples from interior sills of windows that are most frequently operated or where a child under age 6 years would most likely come into contact with dust. DHS 163.42(2)(a)6.c.c. For a dwelling unit in a multi-family dwelling, collect dust samples under subd. 8. from common areas where a child under age 6 years would most likely come into contact with dust in addition to the samples collected under subd. 6. a. and b. DHS 163.42(2)(a)7.7. ‘Single surface dust samples of a dwelling unit.’ Collect single-surface dust samples from a dwelling unit as follows: DHS 163.42(2)(a)7.a.a. Collect a minimum of 4 dust samples from floors in rooms and areas that might be frequented by children under age 6, with samples collected from areas of the floor where a child under age 6 would most likely come into contact with dust, such as a play area within a room, a high-traffic walkway and underneath windows. DHS 163.42(2)(a)7.b.b. Collect one dust sample from a window trough of a window that is commonly operated or where a child under age 6 years would most likely come into contact with dust. DHS 163.42(2)(a)7.c.c. Excluding the window from which the sample under subd. 7. b. was taken, collect a minimum of 3 dust samples from interior windowsills in rooms or areas where a child under age 6 years would likely come into contact with dust. Select windows that are frequently operated or where a child under age 6 years would most likely come into contact with dust. DHS 163.42(2)(a)7.d.d. For a dwelling unit in a multi-family dwelling, collect dust samples under subd. 8., from common areas where a child under 6 years would most likely come into contact with dust in addition to the samples collected under subd. 7. a. to c. DHS 163.42(2)(a)8.8. ‘Single surface dust samples of dwelling common areas.’ Collect single surface dust samples of dwelling common areas as follows: DHS 163.42(2)(a)8.a.a. Collect window and floor dust samples from common areas adjacent to the dwelling. DHS 163.42(2)(a)8.b.b. Collect window and floor samples from other common areas where a child under age 6 would likely come into contact with dust. DHS 163.42(2)(a)9.9. ‘Single-surface dust samples of other premises.’ For a child-occupied facility or premises other than a dwelling, collect single-surface dust samples as follows: DHS 163.42(2)(a)9.a.a. Window and floor samples in each room, hallway or stairwell used by a child under age 6 years. DHS 163.42(2)(a)9.b.b. Collect window and floor dust samples from common areas adjacent to the child-occupied facility or other premises. DHS 163.42(2)(a)9.c.c. Collect window and floor samples from other common areas where a child under 6 years of age would likely come into contact with dust. DHS 163.42(2)(a)10.10. ‘Collection of soil samples.’ Soil analysis is not required unless bare soil is present. If bare soil is present, collect soil samples for analysis of lead concentrations from the following locations: DHS 163.42(2)(a)11.11. ‘Analysis by a recognized laboratory.’ Have any collected paint chip, dust or soil samples analyzed by a recognized laboratory to determine any detectable levels of lead that can be quantified numerically. DHS 163.42(2)(b)(b) Submission of registration form. Following instructions provided by the department, a lead company shall complete and submit the lead-safe investigation registration form to the department within 10 working days of completing the lead-safe investigation or receiving any laboratory results, whichever is later. The registration form shall be submitted using an electronic format provided by the department or an alternative method approved by the department. DHS 163.42(2)(c)(c) Verification of qualification and registration. The lead company shall follow the instructions provided by the department to issue the certificate of lead-safe status to the property owner within 10 days after receiving verification of qualification and registration from the department. DHS 163.42(2)(d)1.1. If a certified lead company conducts a lead-safe investigation and submits the registration form to the department under par. (b) within 10 working days after completion of the lead-safe investigation, including receipt of any laboratory results, and if the department determines the dwelling unit, dwelling or premises meets the standards for registered lead-safe property, the certificate shall be valid on the date the on-site sampling was completed. DHS 163.42(2)(d)2.2. If a lead company fails to submit the registration form within 10 working days under (b), the certificate shall be valid on the date the dwelling unit, dwelling or premises met the standards, as determined by the department based on evidence submitted by the property owner or lead company. DHS 163.42(2)(e)1.1. ‘General criteria for determining the expiration date.’ For property meeting the registered lead-safe property standards under sub. (1), a certificate of lead-safe status shall be given an expiration date based on the component that is most likely to cause or become a lead-based paint hazard before any other component. A component that is proven to be lead-free shall be excluded from consideration. A component that has been enclosed or encapsulated according to documented methodologies shall be excluded from consideration under subds. 1. to 5. To determine the expiration date, select the shortest duration under subds. 2. to 7. based only on the components subject to the lead-safe investigation under sub. (2) (a) 2. DHS 163.42(2)(e)2.2. ‘Nine months.’ The presence of paint on an impact or friction surface of a window well or trough, window channel, or window sash shall result in a certificate of lead-safe status being issued for no more than 9 months when paint is not proven to be lead-free and the painted surface is not enclosed by a durable material that protects the paint from impact and abrasion. DHS 163.42 NoteNote: The 9-month certificate is intended to allow recognition of temporary measures, such as removing dust-lead and debris created by impact and friction, while more permanent lead hazard reduction continues. Under sub. (4), no more than 2 applications for a 9-month certificate may be submitted unless the property owner provides the department with a reason why an additional 9-month certificate is necessary.
DHS 163.42(2)(e)3.3. ‘One year.’ The presence of any of the following conditions shall result in a certificate of lead-safe status being issued for no more than one year unless the paint is proven to be lead-free: DHS 163.42(2)(e)3.a.a. In a dwelling unit or common area, paint is present on a floor and the painted surface is not covered by an intact lead-free topcoat or by a durable material or carpeting that protects the paint from abrasion. DHS 163.42(2)(e)3.b.b. In a dwelling unit or common area, paint is present under an intact lead-free topcoat of the traffic area of a stair tread and the painted surface is not covered by a durable material or carpeting that protects the paint from abrasion. DHS 163.42(2)(e)3.c.c. Paint is present on a drawer of a built-in cabinet, malfunctioning door, or on any other interior friction surface not otherwise described and the painted friction surface is not covered by a durable material that protects the paint from abrasion. DHS 163.42(2)(e)4.4. ‘Three years.’ The presence of any of the following conditions shall result in a certificate of lead-safe status being issued for no more than 3 years unless the paint is proven to be lead-free: DHS 163.42(2)(e)4.a.a. Paint is present on an exterior sill, interior sill or stool, casing, head, jamb, glazing, caulk, putty or any other component of a window that is not an impact or friction surface under subd. 1. DHS 163.42(2)(e)4.b.b. Paint is present and exposed on any exterior horizontal surface or any of the following exterior components: floor, porch, stair system. DHS 163.42(2)(e)4.c.c. Other than paint on a window well or trough under subd. 1., paint is present and exposed to damage by the impact of another component striking the painted component, such as a door striking a baseboard or chair rail. DHS 163.42(2)(e)4.e.e. A component shows evidence of mold, mildew, moisture or water damage where paint is present, but no evidence of an active leak. DHS 163.42(2)(e)4.f.f. In a dwelling unit or common area, paint is present under an intact lead-free topcoat of a floor and the painted surface is not covered by a durable material or carpeting that protects the paint from abrasion. DHS 163.42(2)(e)4.g.g. In an enclosed area that is locked and secured against access by occupants other than the property owner or the property owner’s family, agent or employee, paint is present on a floor or the traffic area of a stair tread and the painted surface is not covered by a lead-free topcoat or by a durable material or carpeting that protects the paint from abrasion. DHS 163.42(2)(e)5.5. ‘Five years.’ Unless the paint is proven to be lead-free, the presence of paint on an exterior component not described under subds. 1. to 3., 5. or 6., such as siding, porch ceiling, gutter, downspout, soffit or facia, shall result in a certificate of lead-safe status being issued for no more than 5 years. DHS 163.42(2)(e)6.6. ‘Ten years.’ Unless the paint is proven to be lead-free, the presence of paint on an interior component that is not described under subds. 1. to 3., 5. or 6., such as a wall, ceiling or painted floor covered by wall-to-wall carpeting, shall result in a certificate of lead-safe status being issued for no more than 10 years. DHS 163.42(2)(e)7.7. ‘Twenty years.’ A certificate of lead-safe status shall be issued for no more than 20 years when all paint that has not been proven to be lead-free has been fully enclosed with durable material that does not allow dust or debris from the paint to escape into the environment. DHS 163.42(2)(f)1.1. In addition to fees charged by the lead company for the lead-safe investigation and laboratory analysis, the property owner shall pay a lead-safe certificate fee of $25 to the lead company issuing a lead-safe certificate and the lead company shall forward payment to the department before the 10th day of the month following issuance. DHS 163.42(2)(f)2.2. In addition to the fee under subd. 1., a lead company that submits a lead-safe report using an approved alternative under par. (b) shall pay a $25 handling fee. DHS 163.42(2)(f)3.3. If a property owner requests the department to issue a duplicate or an amended certificate of lead-safe status, the property owner shall submit a fee of $25, payable to the department of health services. DHS 163.42(3)(3) Conditions for maintaining a certificate of lead-safe status. DHS 163.42(3)(a)(a) Requirement to comply. The property owner shall comply with all of the conditions for maintaining a certificate of lead-safe status under pars. (b) to (h). DHS 163.42 NoteNote: A quantity of dust-lead small enough to cover a finger tip is sufficient to cause a child to have a lead exposure. Even a blood level of 10 micrograms per deciliter of blood might decrease a child’s reading ability by 10%. Dust-lead is created when lead-based paint deteriorates due to the effects of water or moisture or due to age, which might be evidenced by flaking, chipping, peeling, chalking, alligatoring or other cracking. Dust-lead is also created when lead-based paint is subject to friction, impact, or other disturbance, such as by activities involving sanding, scraping, sawing, planing, cutting, burning, and heating to high temperatures.
