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, 608-261-6876 or 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.