Section DHS 163.12 - Certification of a company(1) REQUIREMENT. (a) Except as provided under par. (b), a person shall be certified by the department as a lead company under this chapter and shall have appropriately certified staff or shall contract with an appropriately certified person before it may perform, supervise, advertise, claim to provide or offer to perform or supervise a lead renovation activity, lead hazard reduction activity or a lead investigation activity for which certification is required under s. DHS 163.10(1), or a lead training activity for which accreditation is required under s. DHS 163.20(1).(am) Except as provided under par. (b), a person shall be certified by the department as a company under this chapter and shall have appropriately certified staff or shall contract with an appropriately certified person before it may perform, supervise, advertise, claim to provide or offer to perform or supervise a renovation activity for which certification is required under s. DHS 163.10(1).(b) A person is not required to be certified as a company when the person is a homeowner who personally performs regulated activities only on the owner's owner-occupied dwelling unit and the owner-occupied dwelling unit is not occupied by an individual other than the property owner's immediate family.(2) CONDITIONS FOR CERTIFICATION. To be certified as a lead company, an applicant shall do all of the following: (a)Apply. Submit a completed application under sub. (3).(b)Use certified persons. Agree to employ or contract with only appropriately certified persons to perform or supervise regulated activities when certification is required under this chapter.(c)Follow work practice standards. Agree that all company employees or subcontractors will follow the applicable work practice standards under s. DHS 163.14 when performing activities covered by the standards.(cm)Maintain records . Agree to maintain records as required under s. DHS 163.13(3).(d)Affirm knowledge of applicable regulations. An authorized representative of the company shall sign an affirmation of knowledge of the requirements for conducting regulated work under this chapter.(3) APPLICATION FOR CERTIFICATION. A person seeking certification shall submit an application under par. (a) or (b) to the department: (a)Application for a nongovernmental company.1. `Application form.' The company that is not a governmental agency shall submit a fully and accurately completed application on a form obtained from the department. The application shall include all of the following information: a. The company's name, mailing address, physical address and telephone number and the physical address of records required under s. DHS 163.13(3) if different from the physical address.b. The federal employer identification number or a statement why the company does not have one.c. Names and social security numbers of the company's owners.d. Names of corporate officers if the company is incorporated.e. The name of an individual who meets one of the certification requirements under sub. (2) (d) or the completed regulatory worksheet under sub. (2) (d) 2. Note: The regulatory worksheet under DHS 163.12(2) (d) 2. was repealed by CR 19-110. The language referring to the regulatory worksheet will be repealed in future rulemaking by the department.
f. A statement signed by an owner or officer of the company attesting that the company will employ or contract with only appropriately certified persons when certification is required under this chapter.g. A statement signed by an owner or officer of the company attesting that the company, its employees and subcontractors will comply with the requirements of this chapter when conducting activities regulated under this chapter.2. `Fee.' The application shall include all the following fees:a. A nonrefundable initial certification fee of $125.b. Any other fee imposed by the department as necessary to cover costs of administering this chapter.(b)Application for a governmental agency. A company that is a governmental agency shall submit a fully and accurately completed application on a form obtained from the department. The application shall include all of the following information: 1. Name, mailing address, physical address and telephone number for the agency and physical address of records required under s. DHS 163.13(3) if different from the agency's physical address.2. A statement signed by an authorized representative of the agency attesting that the agency will employ or contract with only appropriately certified persons when certification is required under this chapter.3. A statement signed by an authorized representative of the agency attesting that the agency, its employees and subcontractors will follow the work practice standards in s. DHS 163.14 when conducting activities covered by the work practice standards. Note: Applications are available on the department website at http://dhs.wi.gov/lead. To request forms by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445.
Note: Submit application and fee according to form instructions. To pay by credit or debit card, or electronic check, apply online at http://dhs.wi.gov/lead.
(4) ACTION BY THE DEPARTMENT. (a)Time limit. Within 15 working days after receipt of a fully and accurately completed certification application, the department shall grant or deny a lead company's request for certification.(b)Grant certification. If the department grants company certification, the department shall issue a certificate of approval.(c)Deny certification. If the department denies company certification, the department shall give the company a written explanation for the denial and shall notify the company of the right to appeal that decision under s. DHS 163.33.(5) EXPIRATION OF COMPANY CERTIFICATION. A company's certification shall expire 2 years after the certification issue date.(6) RENEWAL OF CERTIFICATION. (a)Requirement. No person may perform, supervise, advertise, claim to provide or offer to perform or supervise an activity for which company certification is required under this subchapter after the expiration date of that company's certification. A company shall submit all of the following to the department to apply for recertification before certification expires or within 12 months after certification expires:1. A completed application for renewal of company certification indicating changes to company information since the previous application.2. A nonrefundable fee of $125, except that a state or local government agency is exempt from paying the fee. Note: Applications are available on the department website at http://dhs.wi.gov/lead. To request forms by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445.
Note: Submit application and fee according to form instructions. To pay by credit or debit card, or electronic check, apply online at http://dhs.wi.gov/lead.
(b)Action by the department.1. `Time limit.' Within 15 working days after receipt of a fully and accurately completed application, the department shall grant or deny a company's request for renewal of certification.2. `Grant renewal of certification.' If the department grants a company renewal of certification, the department shall issue a certificate of approval.3. `Deny renewal of certification.' If the department denies a company renewal of certification, the department shall give the company a written explanation for the denial and shall notify the company of the right to appeal that decision under s. DHS 163.33.(c)Length of company renewal of certification . When the department renews a company certification, the department shall extend the company's certification 2 years from the date of expiration.Wis. Admin. Code Department of Health Services DHS 163.12
CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.), eff. 10-16-09; CR 09-085: am. (title), (1) (b), (2) (intro.), (c), (d), (3) (a) (title), 1. (intro.) to d., f., g., (b) (intro.), (4) (b), (c), (5) (title), (intro.), (6) (a) 1., (b) and (c), cr. (1) (am), (1m), (2) (cm) and (3) (a) 1. am., r. (3) (a) 1. h., (5) (a) and (b), r. and recr. (6) (a) (intro.) Register March 2010 No. 651, eff. 4-1-10; correction in (3) (b) 3. made under s. 13.92(4) (b) 7, Stats., Register March 2010 No. 651.Amended by, CR 19-110: am. (1) (a), (am), r. (1m), am. (2) (intro.), (b), r. and recr. (2) (d), r. (3) (a) 1. am., am. (3) (a) 1. g., 2. a., (4) (a), (6) (a) 2., (b) 1. Register June 2021 No. 786, eff. 7-1-21; correction in (3) (a) 1. e. made under s. 13.92(4) (b) 7, Stats., Register June 2021 No. 786, eff. 7/1/2021