Section DHS 163.03 - Definitions In this chapter:
(1) "Abatement" means any measure or set of measures intended to permanently eliminate lead-based paint hazards. Abatement includes any of the following:(a) Activities intended to permanently eliminate a lead-based paint hazard, as follows: 1. Removal of lead-based paint or dust-lead.2. Enclosure or encapsulation of lead-based paint.3. Removal of lead-based painted surfaces, components or fixtures.4. Removal or covering of lead-contaminated soil.5. All preparation associated with the activities in subds. 1. to 4.6. Cleanup associated with the activities in subds. 1. to 4.7. Preparation for disposal of waste from the activities in subds. 1. to 4.(b) The following projects: 1. A project involving target housing or a child-occupied facility conducted under a written contract or other documentation that indicates the project meets one of the following criteria: a. The project will result in the permanent elimination of a lead-based paint hazard.b. The project is intended to permanently eliminate a lead-based paint hazard and includes one of the activities described in par. (a).2. A project resulting in the permanent elimination of a lead-based paint hazard, conducted by a person certified by the department under this chapter, unless the project is covered by par. (c).3. A project resulting in the permanent elimination of a lead-based paint hazard, conducted by persons who, through their name or promotional literature, represent, advertise or hold themselves out to be in the business of performing abatement activities as identified and defined by this section, unless the project is covered by par. (c).4. A project conducted in response to a state or local government abatement order that results in the permanent elimination of a lead-based paint hazard.5. A project conducted in response to a request for an abatement activity or which the contractor claims to be an abatement activity.(c) "Abatement" does not include measures and activities intended to temporarily, but not permanently, reduce lead-based paint hazards. Furthermore, "abatement" does not include activities that are intended solely to repair, restore or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.(2) "Accreditation" means an approval status granted by the department to a training course meeting the requirements under subchs. I and III. Accreditation may be either contingent accreditation or full accreditation.(3) "Accreditation audit" means an audit of a training course or training course records conducted by department staff to review for compliance with this chapter.(4) "Adequate quality control" means a plan or design which ensures the authenticity, integrity and accuracy of samples, including dust, soil and paint chip or paint film samples and includes provisions for representative sampling.(5) "Agent" means a person who is under a contract, or otherwise authorized by the owner, to manage or maintain real property.(6) "Arithmetic mean" means the algebraic sum of data values divided by the number of data values. Note: An example of an arithmetic mean is adding the values for the concentration of lead in several soil samples, as determined through analysis by a recognized laboratory, and dividing that total by the number of samples analyzed.
(7) "Bare soil" means soil or sand that is not covered by grass, sod, other live ground covers, wood chips, gravel, artificial turf, pavement or similar covering.(8) "Certificate of lead-free status" or "lead-free certificate" means a certificate issued under this chapter by a certified lead inspector or risk assessor, and registered with the department that documents a finding by the inspector or risk assessor that a premises, dwelling or unit of a dwelling is free of lead-bearing paint as of the date specified on the certificate.(9) "Certificate of lead-safe status" or "lead-safe certificate" means a certificate issued under this chapter by a certified lead hazard investigator or risk assessor, and registered with the department that documents that the hazard investigator or risk assessor detected no lead-based paint hazards affecting the premises, dwelling or unit of the dwelling on the date specified on the certificate.(10) "Certification" means an approval status granted by the department to a person meeting the conditions for certification under this chapter.(11) "Certification examination" means a written, closed-book examination that evaluates the applicant's knowledge of information necessary to properly perform work in a specific discipline and is administered to an applicant for certification by the department or a person under the authority of the department.(12) "Certification period" means the period of time for which certification is granted by the department.(13) "Child-occupied facility" means a building or portion of a building constructed prior to 1978, and including common areas, that meets any of the following: (a) A facility licensed or certified to provide day care services.(b) A public or private school or preschool attended by a registered child younger than 6 years of age, including a state-operated residential treatment center.(c) A building or portion of a building, visited by the same child under 6 years of age, on at least 2 different days within any week, Sunday through Saturday, provided that each day's visit lasts at least 3 hours and the combined annual visits last at least 60 hours.(d) A structure that is being converted to a child-occupied facility.(13g) "Cleaning verification" means a protocol for use by certified lead-safe renovators after completion of renovation activities, and in lieu of clearance dust-wipe sampling, that ensures post-renovation cleaning has been successfully completed to the standard set under s. DHS 163.14 (11) (L).(13r) "Cleaning verification card" means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been successfully completed.(14) "Clearance" means the actions taken after an abatement, interim control or renovation activity to make a final determination that the work was completed, final cleaning was conducted and dust-lead levels are below the clearance levels.(15) "Clearance level" means the value under s. DHS 163.14 (5) (c) 8. that indicates the maximum amount of lead permitted in dust on a surface following completion of an abatement, interim control or renovation activity.(16) "Common area" means a portion of a building, the land on which the building stands and other improvements on that land that are generally accessible to occupants of the building. Note: Examples of common areas are a hallway, stairway, restroom, dining room, laundry room, recreation room, playground, community center, garage and boundary fence.
(17) "Component" means a specific design, architectural or structural element or fixture of a structure that is distinguished from another component by form, function or location. Interior components include ceiling, crown molding, wall, chair rail, door, door trim, floor, fireplace, radiator or other heating unit, shelf, shelf support, stair tread, stair riser, stair stringer, newel post, railing cap, balustrade, window and trim (including sash, window head, jamb, interior sill or stool and trough), built-in cabinet, column, beam, bathroom vanity, counter top and air conditioner. Exterior components include painted roofing, chimney, flashing, gutter, downspout, ceiling, soffit, fascia, rake board, cornerboard, bulkhead, door and door trim, fence, floor, joist, lattice work, railing, railing cap, siding, handrail, stair riser, stair tread, stair stringer, column, balustrade, exterior windowsill, window trough or well, casing, sash and air conditioner.(18) "Containment" means the physical measures taken to isolate the work area in order to ensure that dust and debris created or released during activities are not spread, blown or tracked from inside to outside of the work area. Note: For additional information on appropriate containment, refer to the current edition of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," available at http://hud.gov/program_offices/healthy_homes/lbp/hudguidelines.
(19) "Contingent accreditation" means a temporary approval status granted by the department to a training course for a specific discipline on the basis of a desk audit of accreditation application materials for compliance with this chapter.(20) "Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.(21) "Course test" means a written, closed-book test administered by a training provider at the end of a course that is intended to evaluate trainees' knowledge and retention of the course learning objectives.(22) "Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major course learning objective.(22m) "Demolition" means the removal of any load-supporting structural component of target housing or a child-occupied facility together with any related handling operations.(23) "Department" means the Wisconsin department of health services.(24) "Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, chalking or otherwise separating from the substrate of a building component or from underlying paint on a component. "Deteriorated paint" does not include paint where nail holes, hair-line cracks, or small nicks or scratches are present, provided all layers of paint remain securely bonded.(25) "Direct supervision" means supervision by an individual who is on-site and readily available to observe and assist.(26) "Disturb" means to break up, burn, crush, cut into, dissolve, sand, scrape, abrade remove, demolish or otherwise manipulate a painted surface in a manner that generates dust, paint chips or debris. Note: Washing or vacuuming painted surfaces does not, by itself, disturb paint unless the method used dislodges paint, such as by power washing. Although removal of a carpet does not disturb paint, the removal of a carpet contaminated with dust-lead or paint chips can create a lead hazard.
(27) "Discipline" means one of the specific job categories in s. DHS 163.10 (2) for which individuals are trained and become certified by the department.(28) "Distinct paint history" means the paint application history, as indicated by its visual appearance or a record of the application of paint or other surface coatings to a component or room.(29) "Documented methodologies" means written protocols, standards or methods that are generally used and accepted for conducting regulated activities. Note: Examples of documented methodologies include the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (current edition); the EPA Guidance on Residential Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); Wisconsin Childhood Lead Poisoning Prevention and Control Handbook; regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and guidelines. For non-abatement lead-based paint activities, additional documented methodologies include: HUD's Lead Paint Safety, A Field Guide for Painting, Home Maintenance, and Renovation Work; EPA's Renovate Right pamphlet and Small Entity Compliance Guide to Renovate Right: EPA's Lead-Based Paint Renovation, Repair and Painting Program. Federal documents may be downloaded from the HUD website at http://hud.gov/lead or from the EPA website at http://epa.gov/lead.
(30) "Door system" means all components associated with the operation or decoration of a door, including the frame, head, casing, latch jamb, transom, door stop, hinge jamb, door, threshold and door trim.(31) "Dripline" means the area within 3 feet surrounding the exterior foundation of a building.(31m) "Dry disposable cleaning cloth" means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.(32) "Durable material" means a construction product capable of withstanding use without significant deterioration, such as vinyl flooring, siding, paneling, aluminum coil stock, plasterboard or plywood.(33) "Dust-lead" means dust that contains lead.(34) "Dust-lead hazard" means dust that contains a dust-lead loading equal to or exceeding the level under s. DHS 163.15.(35) "Dust sample" means a sample of dust collected using a documented methodology, such as a dust wipe sample.(36) "Dust wipe sample" means a sample of dust collected using documented protocols by wiping a representative surface of a known area with an acceptable wipe material, such as a moist towelette.(37) "Dwelling" means any structure, all or part of which is used or intended to be used for human habitation as a home or residence. A dwelling includes a structure that is being converted to a dwelling or that is intended for human habitation but is currently vacant.(38) "Dwelling unit" means that part of a structure that is designed, used or intended to be used for human habitation by one or more persons maintaining a common household.(39) "Elevated blood lead investigation" means the environmental investigation activities conducted in response to a report of a lead poisoning and intended to identify lead hazards that may contribute to the lead poisoning.(40) "Elevated blood lead level" means a level of lead in blood that is any of the following: (a) Twenty or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test.(b) Fifteen or more micrograms per 100 milliliters of blood as confirmed by 2 venous blood tests that are performed at least 90 days apart.(40m) "Emergency renovation" means renovation activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment or property with significant damage.(41) "Employee" has the meaning given in s. 101.01 (3), Stats.(42) "Encapsulant" means a covering or coating that forms a barrier between lead-based paint and the environment using an adhesively bonded covering material or a liquid-applied coating, with or without reinforcement materials.(43) "Encapsulation" means the process of creating a barrier between lead-based paint and the environment by the application of an encapsulant.(44) "Enclosure" means the use of rigid, durable materials that are mechanically fastened to the substrate, component or building structure, with all edges, joints and seams sealed in order to act as a dust-tight barrier between lead-based paint and the environment.(45) "EPA" means the U.S. environmental protection agency.(46) "Friction surface" means an interior or exterior surface that is subject to repeated abrasion or friction during use, including certain surfaces of windows, doors, floors and stairs.(47) "Full accreditation" means an approval status granted by the department to a training course for a specific discipline subsequent to contingent accreditation, which is granted on the basis of an on-site accreditation audit finding of compliance with this chapter.(49) "Guest instructor" means an individual who teaches under the direct supervision of a principal instructor or assists the principal instructor with hands-on activities or work practice components of a course.(50) "Hands-on skills assessment" means an evaluation of a trainee's ability to satisfactorily perform hands-on skills taught in a training course.(51) "Hazardous waste" means a solid waste that fits the definition of hazardous waste in s. NR 661.0003 and that is not excluded by the provisions of s. NR 661.0004.(52) "HEPA filter" means a high efficiency particulate air filter that captures particles of 0.3 microns or larger at 99.97 percent or greater efficiency.(53) "HEPA vacuum" means a vacuum cleaner designed by the manufacturer to have a high-efficiency particulate air (HEPA) filter as the last filtration stage. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.(54) "HUD" means the U.S. department of housing and urban development.(55) "Immediate family" means any of the following: (b) Children, stepchildren, grandchildren, foster children.(c) Parents, stepparents, grandparents, foster parents.(d) Sons-in-law or daughters-in-law.(e) Brothers and their spouses.(f) Sisters and their spouses.(56) "Impact surface" means an interior or exterior surface that is subject to damage by repeated force, such as doorframes, cabinet frames and walls subject to door actions, and baseboards and stair risers.(57) "Initial certification" means the first certification that the department grants an individual for a specific discipline or a certification the department grants after a lapse in certification of 12 months or more.(58) "Interim certification" means a temporary status the department may grant to an individual who has applied for and is qualified to take a certification examination but is not yet eligible for initial certification.(58m) "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management programs.(59) "Interior windowsill" or "window stool" means the portion of the horizontal window ledge adjacent to the interior side of the window sash when the window is closed. On older homes, the interior windowsill frequently protrudes into the interior of the room.(60) "Lead" means the metallic element known by the symbol "Pb" in the periodic table of chemical elements.(61) "Lead-based paint" or "lead-bearing paint" means paint or any other surface coating material containing more than 0.06% lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paint, more than 0.5% lead by weight in the dried film of applied paint, or equal to or more than 1 milligram of lead per square centimeter in the dried film of applied paint.(63) "Lead-based paint hazard" means any condition that causes exposure to lead from dust-lead, soil-lead, deteriorated lead-based paint or lead-based paint that is present on friction surfaces, impact surfaces, or surfaces that are chewed or mouthed, as observed or evidenced by teeth marks and would result in adverse human health effects.(64) "Lead abatement supervisor" means an individual who supervises or performs lead abatement or other lead hazard reduction activities.(65) "Lead abatement worker" means an individual who performs lead abatement or other lead hazard reduction activities.(66) "Lead company" means a company, partnership, corporation, sole proprietorship, association, governmental agency or other entity that performs, supervises, advertises, claims to provide or offers to perform or supervise a lead renovation activity, lead hazard reduction activity, lead investigation activity, or lead training activity.(67) "Lead exposure" means a level of lead in the blood of 10 or more micrograms per 100 milliliters of blood.(68) "Lead-free inspection" means a lead investigation activity conducted to determine whether a dwelling, dwelling unit, child-occupied facility or other premises qualifies for a certificate of lead-free status.(69) "Lead hazard" means any substance, surface or object that contains lead and that, due to its condition, location or nature, may contribute to the lead poisoning or lead exposure of a child under 6 years of age.(70) "Lead hazard investigator" means an individual who conducts lead hazard screen, risk assessment, lead-safe investigation or clearance activities or provides options to reduce specific lead hazards but does not use an XRF or conduct lead inspections.(71) "Lead hazard reduction activity" means any action intended to permanently or temporarily reduce or eliminate human exposure to lead-based paint hazards, including abatement, interim controls, and paint stabilization.(72) "Lead hazard reduction discipline" means a job category for which individuals are trained and become certified by the department to conduct specific lead hazard reduction activities. Lead hazard reduction disciplines are lead abatement supervisor, abatement worker and project designer.(73) "Lead hazard screen" means a risk assessment activity to determine whether a structure in good condition is free of lead-based paint hazards or should have a full risk assessment. A lead hazard screen involves less paint or dust sampling or testing than in a full risk assessment.(74) "Lead inspection" means the on-site sampling or testing of all testing combinations to determine the presence of lead-based paint.(75) "Lead inspector" means an individual who conducts a lead-free inspection, or lead inspection and who may also conduct clearance activities.(76) "Lead investigation activity" means any activity that determines whether lead-based paint or lead hazards are present. Lead investigation activities include clearance, dust-wipe sampling, elevated blood lead investigation, lead-free inspection, lead inspection, lead hazard screen, lead-safe investigation, paint chip sampling, partial lead inspection, risk assessment, soil sampling, and XRF testing activities.(77) "Lead investigation discipline" means a job category for which individuals are trained and become certified by the department to conduct specific lead investigation activities. Lead investigation disciplines are lead hazard investigator, inspector, risk assessor and sampling technician.(78) "Lead project designer" means an individual who designs abatement projects and who may also write occupant protection plans or abatement reports.(79) "Lead risk assessor" means an individual who conducts lead investigation activities.(80) "Lead sampling technician" means an individual who independently performs limited clearance activities or assists a lead hazard investigator, inspector or risk assessor in conducting other lead investigation activities, including collecting paint-chip, dust-wipe or soil samples.(81) "Lead-safe investigation" means a lead investigation activity conducted to determine whether a dwelling, dwelling unit, child-occupied facility or other premises qualifies for a certificate of lead-safe status.(83) "Lead-safe renovator" means an individual who performs or directs workers who perform renovation activities in target housing or child-occupied facilities.(84) "Loading" means the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.(85) "Mid-yard" means an area of a yard approximately midway between the outermost edge of the dripline of a structure and the nearest property boundary or midway between the outermost edges of the driplines of a structure and another building on the same property.(85m) "Minor repair and maintenance activities" means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by s. DHS 163.14 (11) (h) are used, and where the work does not involve window replacement or demolition. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within 30 consecutive days shall be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity. Note: See definitions of 'demolition' and 'renovation.'
(86) "Multi-family dwelling" means a single structure that contains more than one dwelling unit.(87) "Occupant" means one of the following:(a) A person, other than a guest, who leases or lawfully resides in a dwelling as the person's home or residence.(b) A person who leases or lawfully occupies a premises that is not a dwelling, such as a child-occupied facility.(88) "Occupant protection plan" means a written plan developed prior to a lead hazard reduction activity that describes the measures that will be taken to protect the building occupants from exposure to lead-based paint hazards.(88m) "Pamphlet" means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools or any other pamphlet approved by the department and EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet, except for the addition of local sources of information.(88r) "Partial lead inspection" means an on-site sampling or testing of one or more, but not all, testing combinations in any target housing or child-occupied facility to determine the presence of lead-based paint.(89) "Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as asphalt or concrete. Grass, mulch and other landscaping materials are not considered permanent coverings.(90) "Person" means any individual or entity, including a sole proprietorship, corporation, limited liability corporation, partnership or association, Indian tribe, state or local agency or political subdivision of a state, interstate body, or department, agency or other instrumentality of the federal government.(91) "Play area" means an area of frequent contact by children under age 6, as indicated by such factors as the use of the structure, observations of play patterns, information provided by parents or others, or the presence of play equipment, toys or other possessions of children.(91m) "Porch" means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any building, and having a roof and floor.(92) "Premises" means any of the following: (a) An educational or child care facility, including attached structures and the real property upon which the facility stands, that provides services to children under 6 years of age.(b) Other buildings and facilities, including attached structures and real property upon which the buildings or facilities stand, that might contain lead-based paint or a lead-based paint hazard.(93) "Principal instructor" means an individual who has the primary responsibility for organizing and teaching a training course.(94) "Property owner" means a person who has both equitable title and legal possession of a dwelling, child-occupied facility, premises, registered lead-free property or registered lead-safe property.(95) "Real property" means the land, buildings and improvements, and all contiguous property under the same ownership.(96) "Recognized laboratory" means an environmental laboratory accepted by the department as being capable of performing an analysis for lead compounds in paint, soil and dust based on its accreditation by the national lead laboratory accreditation program (NLLAP) or an equivalent accreditation approved by the department. Note: A list of recognized laboratories is available at http://epa.gov/sites/production/files/2018-06/documents/nllap.pdf.
(96m) "Recognized test kit" means a commercially available kit recognized by the EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1 milligram per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.(98) "Registered lead-free property" means those portions of real property that were included in a lead-free inspection and are described as covered property on a current, valid certificate of lead-free status issued under this chapter and registered with the department.(99) "Registered lead-safe property" means those portions of real property that were included in a lead-safe investigation and are described as covered property on a current, valid certificate of lead-safe status issued under this chapter and registered with the department.(100) "Regulated activity" means an activity to which work practice standards apply or for which accreditation, approval, training or certification is required under this chapter.(100m) "Renovation" means a work activity that disturbs paint in or on target housing or a child-occupied facility. Renovation includes cutting, drilling, planing, sanding, sawing, scraping, stripping or removing painted surfaces or components during demolition, interim controls, maintenance, modification, painting, rehabilitation, remodeling, repair, residing, roofing or restoration activities. Renovation does not include abatement activities as defined under s. DHS 163.03 (1), minor repair and maintenance activities as defined under s. DHS 163.03 (85m), or the razing of an entire building.(101) "Replacement" means a strategy of abatement that entails removing building components that have surfaces coated with lead-based paint and installing new components free of lead-based paint.(102) "Risk assessment" means an on-site investigation of paint, dust, water or other environmental media to determine the existence, nature, severity and location of lead hazards.(102m) "Room equivalent" means an identifiable part of a residence, such as a room, a house exterior, a foyer, a staircase within a housing unit, a hallway within a housing unit, or an exterior area (exterior areas contain items such as play areas, painted swing sets, painted sandboxes, etc.). Closets or other similar areas adjoining rooms should not be considered as separate room equivalents unless they are obviously dissimilar from the adjoining room equivalent.(103) "Soil-lead" means bare soil that contains lead.(104) "Soil-lead hazard" means bare soil containing lead equal to or exceeding the applicable level under s. DHS 163.15 (2).(105) "Substrate" means a surface on which paint, varnish or other coating has been or may be applied.(106) "Target housing" means a dwelling constructed prior to 1978, except for any of the following: (a) A dwelling for the elderly or persons with disabilities unless a child under 6 years of age resides or is expected to reside in the dwelling.(b) A dwelling in which the living area is not separated from the sleeping area.(107) "Tenancy" means occupancy, or a right to present occupancy under a rental agreement, and includes periodic tenancies and tenancies at will. The term does not include the occupancy of a dwelling unit without consent of the property owner after expiration of a lease or termination of tenancy under ch. 704, Stats.(107m) "Testing combination" means a unique combination of room equivalent, building component type, and substrate.(108) "Training diploma" means a document meeting the requirements of s. DHS 163.20 (9), issued by a training manager to an individual as evidence the individual has successfully completed the course specified in the document.(109) "Training hour" means 50 minutes of actual instruction, which shall include time devoted to learning activities, including lecture, small group activities, demonstrations, evaluations or hands-on activities.(110) "Training manager" means an owner of a training course or an employee of a training provider who is authorized to act on behalf of the owner.(111) "Training provider" means any person, including any individual, partnership, corporation, institution, organization, state agency or local government agency, who provides or offers to provide a training course accredited under this chapter.(112) "Unkeyed plaster" means plaster whose mechanical bond with the supporting structure is broken and has not been repaired, causing the plaster to become loose or bowed.(114) "Visual inspection" means: (a) For clearance, visual examination following an activity that disturbs lead-based paint to determine whether or not the cleanup has been successfully completed, as indicated by the absence of visible residue, dust and debris, and that scheduled work has been completed.(am) For cleaning verification, visual examination following a renovation activity to determine whether scheduled work and clean up have been successfully completed, as indicated by the absence of visible residue, dust and debris.(b) For risk assessment, visual examination to determine the existence of lead-based paint hazards or other potential sources of lead hazards.(c) For conditions for maintaining a certificate of lead-safe status, visual examination to determine the existence of deteriorated lead-based paint, failure of an enclosure, encapsulant or covering, or the presence of other potential lead-based paint hazards.(114g) "Wet disposable cleaning cloth" means a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.(114r) "Wet mopping system" means a device with the following characteristics: a long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor; or a method of equivalent efficacy.(115) "Wet sanding" or "wet scraping" means a process of removing loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust.(116) "Window system" means all components associated with the operation or decoration of a window, including the framing, casing, lower and upper sash, jamb, parting bead, inside stop, outside stop, channel guide or track, interior sill or stool, trough or well, exterior sill, apron, storm window, screen window, muntin, mullion and window trim.(117) "Window trough" or "window well" means the portion of the windowsill between the interior windowsill or stool and the frame of the storm window. If there is no storm window, the window trough is the area that would receive upper and lower sashes if they were lowered.(118) "Working day" means any day except Saturday, Sunday and holidays designated in s. 230.35 (4) (a), Stats., and federal holidays.(119) "XRF" means a portable instrument, analyzer or device used to determine lead concentration in milligrams per square centimeter using the principle of x-ray fluorescence.Wis. Admin. Code Department of Health Services DHS 163.03
CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (23) and (51) made under s. 13.92(4) (b) 6 and 7., Stats., Register January 2009 No. 637; EmR0928: emerg. am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83), eff. 10-16-09; CR 09-085: am. (1) (a) 3., (b) 5., (5), (10), (13), (14), (15), (26), (27), (36), (46), (52), (56), (64), (65), (71), (76), (80), (88), (100) and (114) (a), cr. (13g), (13r), (22m), (31m), (40m), (58m), (85m), (88m), (96m), (100m), (114) (am), (114g) and (114r), r. (48) and (62), r. and recr. (53), (82) and (83) Register March 2010 No. 651, eff. 4-1-10.Amended by, correction in (103)(Note) made under s. 13.92(4) (b) 7, Stats., Register January 2016 No. 721, eff.2/1/2016Amended by, correction in (51) made under s. 13.92(4) (b) 7, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, CR 19-110: cr. (13) (d), am. (35), (41), (61), (63), (66), (74), (76), r. (82), cr. (88r), (91m), am. (96m), r. (97), cr. (102m), (107m), am. (108), (109), r. (113) Register June 2021 No. 786, eff. 7-1-21; correction in (74) made under s. 35.17, Stats., Register June 2021 No. 786, eff. 7/1/2021Amended by, CR 23-046: am. (61) Register April 29 No. 820, eff. 5/1/2024