Section DHS 163.14 - Work practice standards(1) ABATEMENT ACTIVITIES. (a)Who may conduct. When certification is required, an individual shall be certified as a lead abatement supervisor and associated with a certified lead company in order to supervise and perform abatement activities involving target housing or child-occupied facilities. A person who is certified as a lead abatement worker and associated with a certified lead company may perform abatement activities only under the supervision of a certified lead abatement supervisor.(b)Abatement protocol. In supervising or performing abatement, certified persons shall use documented methodologies to conduct work in a lead-safe manner that does not create lead-based paint hazards to the occupants, including work practices that limit the creation of dust and prevent the spread of dust, debris and paint chips outside of the work area, and shall comply with all requirements under pars. (c) to (L).(c)Requirement for supervision. When a lead abatement worker performs an abatement activity, a lead abatement supervisor shall provide direct onsite supervision.(d)Requirement for ensuring compliance. A certified lead abatement supervisor and the certified lead company associated with that individual shall ensure that all abatement activities are conducted according to the requirements of this section and all applicable federal, state and local government requirements.(e)Occupant protection. Documented methodologies and all of the following work practice requirements shall be used to protect occupants when abatement activities are performed:1. `Post signs.' Signs clearly defining the work area and warning occupants and other persons not involved in the abatement activities to remain outside the work area. These signs shall be in the primary language of the occupants. Signs shall be posted before beginning the work and shall remain in place and readable until the abatement activities and clearance have been completed.2. `Pre-clean work areas.'a. If paint chips, dust, or debris are present on the interior, HEPA vacuum the floor before protective sheeting is laid down and HEPA vacuum window wells or troughs before working on windows.b. If paint chips, dust or debris are present on the exterior, HEPA vacuum or use a wet/dry vacuum with a drywall bag and HEPA filter to clean all paint chips and debris before protective sheeting is laid down.3. `Contain work areas.' Before starting abatement activities, contain the work area, including the floor or ground, with heavy duty plastic sheeting, so that no dust or debris leaves the work area during the activity. Workers shall maintain the integrity of the containment throughout the abatement activities by ensuring that the plastic sheeting used as containment material is not torn or displaced, and that no dust or debris leaves the work area during the abatement. When the building is occupied, containment shall be installed in a manner that provides safe access to restrooms and exits for occupants. Containment may not be constructed in a manner that would interfere with emergency exit. All containment materials, including plastic sheeting, must be disposed of after one use and may not be relocated for reuse during a project.4. `Protect personal property.' Measures shall be taken to protect all personal property in the work area from contamination by dust and debris.a. Remove all objects that can be moved from the work area, including furniture, rugs, and window coverings. Objects that cannot be removed shall first be cleaned using a HEPA vacuum, and then be completely covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.b. Close and seal all duct openings in the work area with taped down plastic sheeting or other impermeable material.c. Close windows and doors in the work area. Doors shall be covered with plastic sheeting or other impermeable material. Doorways used as the entrance to the work area shall be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while containing dust and debris in the work area.d. Cover floor surfaces in the work area, including installed carpet, with taped down plastic sheeting or other impermeable material at least 6 feet beyond the perimeter of surfaces undergoing abatement, or a sufficient distance to contain all dust, whichever is greater. Floor containment measures may stop at the edge of a vertical barrier system consisting of impermeable barriers that extend from the floor to the ceiling that are completely sealed at joints with the floor, ceiling and walls.5. `Use precautions.' Use precautions to ensure that all personnel, tools, and other items, including the exteriors of waste containers, are free of dust and debris before leaving the work area.6. `Restrict access.' Uncertified persons shall be kept out of the abatement area until the area is cleaned, containment and abatement materials removed, and a visual inspection successfully completed. Warning tape may be used to prevent unintentional access into work areas in addition to the posted warning signs. If access is granted before clearance has been successfully achieved, a notice shall be posted that states: "This worksite has not yet met clearance requirements. Lead-based paint hazards may be present."7. `Prepare an occupant protection plan.' Before starting an abatement project, a certified lead abatement supervisor or project designer shall prepare a written occupant protection plan on a form obtained from or approved by the department. The plan shall be specific to the abatement and to each dwelling or child-occupied facility involved. The plan shall describe the measures and management procedures that will be taken during the abatement project to protect the building occupants from exposure to lead-based paint hazards. The occupant protection plan shall be followed by all lead company staff and posted in plain view outside the abatement work area for viewing by interested persons.8. `Distribute occupant protection plan.'a. When abatement involves restricted work practices used in common areas, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit no later than 2 working days before starting the activity and shall document delivery.b. When abatement involves restricted work practices used in individual dwelling units, staff from the certified lead company shall deliver the occupant protection plan to each occupied dwelling unit involved in the activity no later than 2 working days before starting the activity and shall document delivery.c. When the abatement is not performed by the property owner or the property owner's agent or employee, a copy of the occupant protection plan shall also be delivered to the property owner or the property owner's agent or employee.d. When the occupant protection plan is delivered via mail, it shall be mailed at least 7 days before the start of the abatement and shall be documented by a certificate of mailing from the post office.(g)Requirements when soil abatement is conducted.1. If soil is removed, any replacement soil shall have a lead concentration of less than 400 parts per million and shall comply with ch. NR 720 as applicable. The soil that is removed shall not be used as topsoil at another dwelling or child-occupied facility.2. If the soil abatement does not involve removal of soil-lead, the soil shall be permanently covered by a barrier consisting of solid, relatively impermeable materials, such as asphalt or concrete.(h)Requirement for notice to the department . Before conducting abatement, a certified lead abatement supervisor shall provide notice to the department under sub. (2).(i)Requirement to clean up the work area. Documented methodologies shall be followed to clean the work area and any other affected area of the property before beginning worksite set-up, at the end of each day's work, and when all work has been completed. Note: For one documented methodology that may be followed to clean up the work area, refer to the most current edition of the HUD "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," available on the HUD website at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.
(j)Requirement for a visual inspection. Following cleanup of the work area, a certified lead abatement supervisor shall conduct a visual inspection to verify that any dust, debris, or paint chips have been removed and that the visual inspection is passed before access to the area is allowed.(k)Requirement for management of wastewater, air emissions and solid waste. All wastewater, air emissions, and solid waste from lead abatement activities shall be handled according to documented methodologies and as follows: 1. Contained in the work area to prevent the release of dust and debris before removal for storage and disposal. If a chute is used to remove waste from the work area, it shall be covered.2. Stored in a container or enclosure at the conclusion of each work day that prevents access to and release of dust and debris.3. Contained to prevent release of dust and debris during transport.4. Discharge of wastewater shall be managed according to chs. NR 105, 106 and 200 to 299.5. Air emissions shall be managed according to chs. NR 404, 415, 429, and 445.6. Paint debris and waste shall be managed according to chs. NR 500 to 538 and 660 to 679. Note: Refer to guidance from the Department of Natural Resources on managing lead-based paint waste, "Commercial and Residential Paint Removal and Disposal," at https://www.dnr.wi.gov/files/PDF/pubs/wa/WA173.pdf, as well as 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.
(l)Requirement for clearance. The lead abatement supervisor shall arrange for final clearance under sub. (5) to be conducted as soon as possible following abatement. The abatement is not complete until a certified lead hazard investigator, inspector or risk assessor declares in writing that all clearance levels are met.(m)Requirement for written report. Within 10 working days after receiving the clearance report, but no later than 20 working days following completion of abatement, a certified lead abatement supervisor or project designer shall submit a written report to the person who contracted for the abatement. The report shall include all of the following: 1. Start and end dates of the project if different from the dates on the notice to the department.2. A copy of the written notice to the department under sub. (2).3. Name, address, telephone number and certification number of each certified lead company involved in the project and the name and certification number of each lead abatement supervisor assigned to the project to the extent that information is not included on the written notice under sub. (2).4. The occupant protection plan that was prepared prior to the project.5. A copy of the clearance report under sub. (5) (c) 9.6. A detailed written description of the lead abatement project, including the abatement activities conducted, locations of rooms or living areas and components where abatement occurred, reason for selecting the particular method used for each component and any suggested monitoring of encapsulants or enclosures. Note: Rather than repeating information already located elsewhere, the abatement report may include other documents that contain required information, such as an order, contract or abatement notice. For example, to provide a detailed description of the abatement, orders issued by a public health agency may be attached and variances from the order described in the report.
(2) ABATEMENT NOTICE TO THE DEPARTMENT. (a)Timing of notice. The lead abatement supervisor shall submit notice for receipt by the department as follows:1. For an original notice of abatement, written notice not less than 2 working days before the start of the activity.2. In an emergency where a health risk warrants immediate action, written or verbal notice before the start of the activity.3. Projects must start on the start date provided on the project notice. To change the project start date on an existing notice, written or verbal revised notice not less than 2 working days before the activity begins if the new start date is earlier than the original start date or a minimum of one working day before the original start date if the new start date is later than the original start date.4. To change the project end date on an existing notice, submit revised notice in writing as soon as the change is determined, but no later than the original end date.5. Project duration provided in the written notice shall be appropriate to the size and scope of the project. Original notices shall be for a duration of no more than 14 consecutive days. If the project will extend beyond the original end date, revised notice shall be made in writing no later than the original end date or most recently revised end date.(b)Written notice.1. `Form for written notice.' Written notice shall be on the department's notice form or on a form approved by the department and shall include all of the following information: a. Project details, including the start and end dates, work shifts or hours, project activities, quantity of lead-based paint materials in the project, and whether the project was ordered, affected by HUD requirements, or involved registered lead-safe property or property applying for a certificate of lead-free status or lead-safe status.b. Lead investigation details, including how and when it was identified and the name and certification number of the lead hazard investigator, inspector or risk assessor.c. Lead company details, including name, certification number, address, contact person and telephone number.d. Facility or dwelling details, including type, occupancy, location, including street address, contact person and contact person's telephone number and current owner and current owner's telephone number.2. `Acceptable methods for submitting written notice.' Written notice may be sent by U.S. mail, commercial carrier, fax, e-mail, or another method approved by the department.3. `Official date of written notice.' The official date of a written notice shall be the date on the department's date of receipt stamp. A notice received after 4:00 p.m. shall be dated as received the next working day.4. `Rejection of notice.' The department may reject a notice that is illegible or incomplete. Note: Lead notice forms 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 lead notices according to form instructions.
(c)Verbal notice.1. `Acceptable methods for submitting verbal notice.' For emergency or revised notice, verbal notice may be made by telephone or in person and shall include all of the following information:b. Name and certification number of the lead company conducting the activity.c. Location, including street address, of the dwelling or facility where the activity will be conducted.2. `Official date of verbal notice.' The official date of a verbal notice shall be the date a department representative receives the verbal notice.3. `Written follow-up to verbal notice.' When verbal notice is given, the lead abatement supervisor shall also submit a written notice under par. (b) within 2 working days after the date of the verbal notice. Note: To submit verbal notice, phone 608-261-6876.
(3) ABATEMENT WORK PRACTICES THAT ARE PROHIBITED. All of the following work practices are prohibited when performing abatement:(a) Uncontained abrasive blasting or uncontained sandblasting.(b) Machine sanding, grinding or planing without a properly operating HEPA-filtered exhaust control.(c) Manual dry scraping, sanding or planing of more than 2 square feet of paint.(d) Using chemical paint strippers containing methylene chloride.(e) Uncontained high-pressure water blasting or uncontained hydroblasting.(f) Open-flame burning, torching or charring of paint.(g) Operating a heat gun on paint at or above 1100° F.(h) Using an improperly operating HEPA vacuum when cleaning.(i) Dry sweeping when cleaning.(4) ABATEMENT WORK PRACTICES THAT ARE RESTRICTED. A certified person conducting any of the following abatement activities shall comply with the specific work practice restrictions for the activity:(a)Abrasive blasting or sandblasting. When a certified person conducts abrasive blasting of paint or sandblasting of paint, he or she shall do all of the following:1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.2. Use containment to isolate abatement areas from the rest of the property.(b)Machine chipping, grinding, planing or sanding. When a certified person conducts machine chipping, machine grinding, machine planing or machine sanding of paint, he or she shall do all of the following:1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.2. Use engineering controls that contain the dust and debris and that include the use of a properly operating HEPA-filtered exhaust control, such as a shrouded power tool attached to a HEPA vacuum.3. Use containment for interior work to isolate abatement areas from the rest of the property.(c)Paint stripping. When a certified person conducts chemical paint stripping, he or she shall follow the manufacturer's directions and may not use chemical strippers that contain methylene chloride. Note: Using a chemical paint stripper to remove lead-based paint from a component may force lead into the substrate. Lead-safe work practices should be used when abrading a component from which lead-based paint has been chemically stripped.
(d)Power washing. When a certified person conducts power washing of paint, he or she shall use a containment system to prevent the wastes generated from contaminating soils or surface waters or from becoming airborne and dispersing. The certified person shall separate paint chips and other solid residues from the water, and collect and properly manage the paint chips and other solid residues. Note: Some local governments prohibit power washing. OSHA and DNR also have regulations that apply to power washing.
(e)Removing a painted component. When, in removing any painted component, excluding removal of painted trim that is not part of a window system or part of a door system, a certified person disturbs more than 2 square feet of lead-based paint, he or she shall use containment to isolate abatement areas from the rest of the property.(f)Using a heat gun. When a certified person removes paint with a heat gun, he or she shall operate the heat gun at a temperature below 1100° F.(5) CLEARANCE. (a)Who may conduct.1. A certified lead hazard investigator, inspector or risk assessor may conduct clearance for any lead hazard reduction or renovation activity.2. A lead sampling technician may conduct clearance for renovation or interim control activities.3. The certified individual conducting clearance shall be associated with a certified lead company.(b)Prohibitions on who may conduct. The person conducting clearance may not do any of the following:1. Be the company or associated by employment, contract or other agreement with the company that performs or pre-cleans the lead hazard reduction or renovation activity being cleared.2. Communicate to others the location where clearance dust wipes will be collected.3. Be the property owner, an immediate family member, agent or employee of the property owner.4. Be a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.5. Be a person hired by or under contract with, or authorized by, the property owner to manage or maintain the property owner's real property as directed by the property owner.6. Be a person who has a financial interest in the laboratory results of the sampling.(c)Clearance protocol. In performing clearance, the certified lead hazard investigator, inspector, risk assessor or sampling technician shall comply with all of the following in an unbiased, objective and impartial manner:1. `Visual inspection of work.' Perform a visual inspection to determine if work specified in any contract, work plans, orders or other specifications has been completed and if any visible amounts of dust, debris or residue are present. If work has not been completed or if visible amounts of dust, debris or residue are present, the person who performed the activity being cleared shall eliminate these conditions prior to the continuation of the clearance procedures.2. `Timing of sampling.' Following a successful visual inspection and a minimum of one hour after completion of final cleanup activities, conduct clearance sampling for dust-lead by collecting single-surface dust samples using documented methodologies that incorporate adequate quality control procedures.3. `Location of sampling for work conducted in containment.'a. In at least 4 rooms, hallways, stairwells or other living areas within the containment area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the containment area, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas within containment.b. Collect one dust sample from the floor of a common area within containment for every 2,000 square feet of floor, and one dust sample from the floor of a common area outside containment. The dust sample taken outside containment shall be collected within 10 feet of the containment doorway.4. `Location of sampling for work conducted without containment.'a. In at least 4 rooms, hallways, stairwells or other living areas in or near the work area, collect one dust sample from one interior windowsill or one window trough, if available, and one dust sample from the floor. If there are fewer than 4 rooms, hallways, stairwells or other living areas within the residential dwelling or child-occupied facility, collect samples from one interior windowsill or one window trough, if available, and one dust sample from the floors of all rooms, hallways, stairwells or other living areas.b. Collect one dust sample from the floor of a common area for every 2,000 square feet of floor.5. `Random sampling in multi-family dwellings.' Following an interior activity in a multi-family dwelling with similarly constructed and maintained dwelling units, conduct random sampling for purposes of clearance provided that:a. The persons who perform the activities, including cleanup, do not know which dwelling units will be selected for the random sample.b. A sufficient number of dwelling units are selected for dust sampling to provide a 95% level of confidence that at least 95% of all dwelling units would pass clearance if all dwelling units were sampled. In a housing complex with more than 1,000 dwelling units, no sampled dwelling unit may fail clearance and a sufficient number of dwelling units shall be selected for dust sampling to provide a 95% level of confidence that no more than 5% of all dwelling units or 50 dwelling units, whichever is smaller, would fail clearance if all dwelling units were sampled. Note: For assistance in selecting the correct sample size, 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.
c. The randomly selected dwelling units are sampled and evaluated for clearance according to the procedures found in par. (c).6. `Visual inspection of exterior work area.' Following an exterior activity, conduct a visual inspection. All horizontal surfaces on the exterior, including the ground, and all worker pathways shall be found to be cleaned and free of visible dust, debris, residue, and paint chips. If paint chips, dust, debris, or residue are present, the person who conducted the activity being cleared shall properly clean, disposing of any waste according to applicable federal, state and local government requirements.7. `Laboratory analysis.' Have collected samples analyzed by a recognized laboratory to determine the detectable levels of lead that can be quantified numerically.8. `Interpretation of laboratory results.' Compare the residual lead level from each dust sample, as determined by laboratory analysis, with the applicable clearance level for lead in dust on floors, interior windowsills and window troughs. If the residual lead level in a dust sample equals or exceeds the applicable clearance level, all of the components represented by the failed sample shall be recleaned or sealed by the person who conducted the activity being cleared and retested by the person conducting clearance until clearance levels are met. For dust wipe samples taken during clearance, clearance is achieved when the laboratory result for a sample is less than the following:a. Ten micrograms per square foot (10 mg/ft 2) on an interior floor.am. Forty micrograms per square foot (40 mg/ft 2) on a porch floor.b. One hundred micrograms per square foot (100 mg/ft 2) on an interior windowsill.c. One hundred micrograms per square foot (100 mg/ft 2) on window wells or troughs.9. `Preparation of report following clearance of activities involving abatement.' Within 10 working days after clearance of activities involving abatement or within 10 working days after receipt of any required laboratory results, whichever is later, prepare a written clearance report for submission to the person who conducted the activities being cleared and to the property owner or the person who contracted for the clearance. The report shall include all of the following information: a. Date and time of the clearance.b. Address of the job site, including street address and unit number when applicable.c. Name, address, telephone number and certification number of each individual and lead company conducting the clearance and signature of each certified lead hazard investigator, inspector, risk assessor or sampling technician.cm. The description and results of the visual inspection for the presence of visible dust, debris, residue, or paint chips and the presence of deteriorated paint.cr. The specific locations on the property where clearance samples were taken.d. A copy of the laboratory report with the results of clearance testing and, if applicable, all soil analyses. The clearance report shall include the name, address and telephone number of each laboratory that conducted the analyses.10. `Preparation of report following clearance of interim controls or renovation activities.' Within 10 working days after clearance of interim controls or renovation activities or within 10 working days after receipt of any required laboratory results, whichever is later, prepare a written clearance report for submission to the person who conducted the activities being cleared and to the property owner or the person who contracted for the clearance. The report shall include all of the following information:a. All information under subd. 9.b. The start and completion dates of the non-abatement lead-based paint activity.c. The name and address of each company conducting the interim controls or renovation activities.d. The name and department certification number of the person in charge of the work.e. A description of the interim controls or renovation activities.11. `Submission of clearance results involving registered lead-safe property.' Within 10 working days after receipt of clearance results involving a registered lead-safe property, the certified person who conducted the clearance shall submit all of the following clearance information to the department on a form obtained from the department: a. The registered lead-safe property identification number as shown on the lead-safe certificate.b. The address of the property as shown on the lead-safe certificate.c. The name and lead certification identification number of the primary person who conducted the clearance.d. The name and department-issued lead identification number of the recognized laboratory that processed the clearance samples.e. The clearance results as reported by the recognized laboratory. Note: Submit required information by mail to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445, by email to dhsasbestoslead@wi.gov, or by fax to 608-266-9711.
(6) ELEVATED BLOOD LEAD INVESTIGATION. (a)Who may conduct. Only a certified lead hazard investigator or risk assessor may perform an elevated blood lead investigation.(b)Elevated blood lead investigation protocol. An elevated blood lead investigation in response to a child with lead poisoning shall be conducted according to documented methodologies consistent with funding criteria and guidance issued to public health agencies by the department.(7) LEAD HAZARD SCREEN.(a)Who may perform. Only a certified lead hazard investigator or risk assessor associated with a certified lead company may perform a lead hazard screen involving target housing or a child-occupied facility. 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 hazard screen.(b)Lead hazard screen protocol. In performing a lead hazard screen, the certified lead hazard investigator or risk assessor shall comply with all requirements under pars. (c) to (g).(c)Background information. Collect background information on the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to a child under 6 years of age.(d)Deteriorated paint. Conduct a visual inspection of the real property to determine if any deteriorated paint is present. Treat untested deteriorated paint as lead-based paint. If a contract under s. DHS 163.13(5) (d) specifies that sampling for the presence of lead-based paint should be conducted, do all of the following:1. Use documented methodologies that incorporate adequate quality control procedures to sample or test each testing combination with deteriorated paint.2. Have all collected paint chip samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.3. Determine that lead-based paint is present if the laboratory results are more than 0.5% lead by weight or that lead-based paint is not present if the laboratory results are equal to or less than 0.5% lead by weight. Note: Refer to s. DHS 163.03(29) for documented methodologies.
(e)Dust-lead.1. Collect 4 dust samples from the floors and 4 dust samples from the windows, in rooms, hallways, stairwells or other living areas where a child under 6 years of age is most likely to come into contact with dust.2. In multi-family dwellings and child-occupied facilities, collect dust samples from common areas where a child under 6 years of age is most likely to come into contact with dust in addition to samples collected under subd. 1.3. Collect all dust samples by using documented methodologies that incorporate adequate quality control procedures.4. Have all collected dust samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.(f)Lead-based paint hazards. Evaluate the results of the lead hazard screen against the lead-based paint hazard levels under s. DHS 163.15 to determine whether a lead-based paint hazard is present.(g)Written report. Within 10 working days after a lead hazard screen or receipt of any required laboratory results, whichever is later, prepare a written lead hazard screen report for submission to the person who contracted for the lead hazard screen. The report shall include all of the following information: 1. Date of the lead hazard screen.2. Address of each building screened.3. Date of construction of buildings.4. Apartment number of units screened, if applicable.5. Name, address and telephone number of each current owner of each building.6. Name, address, telephone number, certification number and signature of each certified individual participating in the lead hazard screen.7. Name, address, telephone number and certification number of the certified lead company conducting the lead hazard screen.8. Name, address and telephone number of each recognized laboratory conducting analysis of collected samples.9. Background information collected under par. (c).10. Results of the visual inspection.11. Description of testing method and sampling procedure used for paint analysis.12. Specific locations of each painted component tested for the presence of lead.13. All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF.14. A copy of the laboratory report of the analysis of collected paint, soil, and dust samples.15. A written evaluation of the sample analysis results that were provided by the laboratory.16. Recommendations, if warranted, for a follow-up risk assessment and, as appropriate, any further actions.(8) LEAD INSPECTION AND PARTIAL LEAD INSPECTION.(a)Who may conduct. Only a certified lead inspector or risk assessor associated with a certified lead company may perform an inspection involving target housing or a child-occupied facility. Under direct on-site supervision of a certified lead inspector or risk assessor, a certified lead hazard investigator or sampling technician may assist with an inspection, but may not use an XRF.(b)Inspection protocol. In performing an inspection, the certified lead inspector or risk assessor shall comply with all requirements under pars. (c) to (f).(c)Locations to test for lead-based paint. Select the following locations by using documented methodologies and test for the presence of lead-based paint: 1. In a dwelling or child-occupied facility, test each interior and exterior testing combination.2. In a multi-family dwelling or child-occupied facility, also test each interior and exterior testing combination in every common area.3. When a partial inspection is conducted to determine if lead-safe work practices are required in an area to be renovated, test each interior and exterior testing combination within that area in accordance with subd. 1. or 2. The inspection shall be based on a written contract under s. DHS 163.13(5) that specifies the limits of the partial inspection. A partial inspection may not be conducted when a certificate of lead-free status is being sought. Note: Refer to s. DHS 163.03(29) for documented methodologies.
(d)Paint analysis. Conduct paint analysis by using one or both of the following methods: 1. Analyze paint to determine the presence of lead by using documented methodologies that incorporate adequate quality control procedures.2. Have all collected paint chip samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.(e)XRF requirements. When using an XRF, a certified lead inspector or risk assessor shall be trained to operate the specific model of XRF being used and shall do all of the following: 1. Comply with radiation protection requirements under ch. DHS 157.2. Replace the radiation source of the XRF according to recommendations from the manufacturer.3. Warm up the XRF according to recommendations from the manufacturer or documented methodologies.4. Conduct calibration checks according to recommendations from the manufacturer or documented methodologies.5. Conduct substrate corrections when required.6. If the XRF provides an inconclusive reading according to the performance characteristics sheet for the make and model of XRF used, assume the painted surface with the inconclusive reading contains lead-based paint unless sampling is required by contract. If a contract under s. DHS 163.13(5) (d) specifies that sampling for the presence of lead-based paint should be conducted, conduct further testing or sampling and determine that lead-based paint is present if the laboratory results are more than 0.5% lead by weight or that lead-based paint is not present if the laboratory results are equal to or less than 0.5% lead by weight.7. Except as specified under subd. 6., evaluate the results of each XRF reading as follows: a. If the XRF reading exceeds 1 milligram per square centimeter, determine that lead-based paint is present.b. If the XRF reading is less than or equal to 1 milligram per square centimeter, determine that lead-based paint is not present.(f)Written report. Within 10 working days after an inspection or receipt of any required laboratory results, whichever is later, prepare a written inspection report for submission to the property owner or owners and to any other person who contracted for the inspection. The report shall include all of the following information:1. Date of the inspection.2. Address of building inspected.3. Date of construction of the building.4. Apartment numbers of units inspected, if applicable.5. Name, address and telephone number of the current owner of each residential dwelling or child-occupied facility.6. Name, address, telephone number, certification number and signature of each certified individual participating in the inspection.7. Name, address, telephone number and certification number of the certified lead company conducting the inspection.8. Each testing method and device and each sampling procedure used for paint analysis, including quality control data and, if used, the serial number of any XRF.9. Specific locations of each painted component tested for the presence of lead-based paint.10. The results of the inspection expressed in terms appropriate to the sampling method used.11. A copy of any laboratory report of the analysis of collected paint chips.(9) RISK ASSESSMENT. (a)Who may conduct. Only a certified lead hazard investigator or risk assessor associated with a certified lead company may perform a risk assessment involving target housing or a child-occupied facility. 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 risk assessment.(b)Risk assessment protocol. A certified lead hazard investigator or risk assessor shall perform a risk assessment according to all the requirements under pars. (c) to (k).(c)Presence of lead-based paint. Treat all painted surfaces as lead-based paint. If a contract under s. DHS 163.13(5) (d) specifies that sampling for the presence of lead-based paint should be conducted, select and test all of the following locations for the presence of lead-based paint by using documented methodologies:1. Each testing combination with deteriorated paint.2. Each interior windowsill.3. Any other surface that is determined to be a potential lead-based paint hazard. Note: Refer to s. DHS 163.03(29) for documented methodologies.
(d)Background information. Collect background information on the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to a child under 6 years of age.(e)Visual inspection. Conduct a visual inspection for risk assessment of the residential dwelling or child-occupied facility to locate the existence of deteriorated paint, assess the extent and causes of the deterioration and identify other potential lead-based paint hazards.(f)Dust sampling.1. `Dwellings.' In dwellings, collect single-surface dust samples from the interior windowsill and floor in each of the following locations: a. The floor where a child under 6 years of age is likely to come into contact with dust, including play areas within rooms, high-traffic walkways, room midpoints and areas underneath windows, in each room or area where a child under 6 years of age is likely to come into contact with dust.b. The interior windowsill of the window that is most frequently operated or most frequently contacted by children under 6 years of age in each room or area where a child under 6 years of age is likely to come into contact with dust.c. Common areas adjacent to the sampled residential dwelling.d. Other common areas in the building where the hazard investigator or risk assessor determines that a child under 6 years of age is likely to come into contact with dust.2. `Child-occupied facilities.' For child-occupied facilities, collect single-surface dust samples from the interior windowsill and floor in each of the following locations: a. Each room, hallway or stairwell used by a child under 6 years of age.b. Common areas adjacent to the sampled child-occupied facility.c. Other common areas in the child-occupied facility where the hazard investigator or risk assessor determines that a child under 6 years of age is likely to come into contact with dust.(g)Soil sampling. Unless assessment of the lead concentration in soil is specifically excluded by a written contract, collect soil samples for analysis of lead concentrations in all of the following locations: 1. Exterior play areas where bare soil is present.2. The rest of the yard where bare soil is present.3. Dripline and foundation areas where bare soil is present.(h)Documented methodologies. Conduct any paint, dust or soil sampling or testing using documented methodologies that incorporate adequate quality control procedures.(i)Analysis by recognized laboratory. Have any collected paint chip, dust or soil samples analyzed by a recognized laboratory to determine if they contain detectable levels of lead that can be quantified numerically.(j)Presence of a lead-based paint hazard. Determine whether a lead-based paint hazard is present under s. DHS 163.15.(k)Written report. Within 10 working days after a risk assessment or receipt of any required laboratory results, whichever is later, prepare a written risk assessment report for submission to the person who contracted for the risk assessment. The report shall include all of the following information: 1. Date of the risk assessment.2. Address of each building assessed.3. Date of construction of buildings.4. Apartment number of units assessed, if applicable.5. Name, address and telephone number of each current owner of each building.6. Name, address, telephone number, certification number and signature of each certified individual participating in the risk assessment.7. Name, address, telephone number and certification number of the certified lead company conducting the risk assessment.8. Name, address and telephone number of each recognized laboratory conducting analysis of collected samples.9. Results of the visual inspection.10. Description of testing method and sampling procedure used for paint analysis.11. Specific locations of each painted component tested for the presence of lead.12. All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF.13. All results of laboratory analysis on collected paint, soil and dust samples.14. Any other sampling results.15. Any background information collected under par. (d).16. To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint or other assessments of lead-based paint-related hazards.17. A description of the location, type and severity of identified lead-based paint hazards and any other potential lead hazards.18. A description of lead hazard reduction options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.(10) INFORMATION DISTRIBUTION REQUIREMENTS FOR RENOVATION ACTIVITIES. Except for emergency renovations, for which the pre-renovation information distribution requirements do not apply, the requirements of this subsection shall be met as follows: (a)Renovation activities in target housing. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, or common area of multi-family target housing, the company performing the renovation activities shall: 1. Provide the Renovate Right pamphlet to the owner of the unit, and, if not owner-occupied, also to an adult occupant of each unit in which renovation activities will be conducted. a. Obtain from the owner and an adult occupant of any non-owner-occupied unit in which renovation will be conducted, a written acknowledgment of receiving the pamphlet, or obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.b. If the renovator has been unable to obtain a written acknowledgement from an adult occupant of a non-owner-occupied dwelling, the renovator may alternatively certify in writing that a pamphlet has been delivered to the dwelling unit and that the company performing the renovation activity has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, the name of the person delivering the pamphlet, the reason for lack of acknowledgement, the signature of an authorized renovation company representative, and the date of signature.2. Provide written notice to all affected dwelling units about the planned and ongoing renovation activities. a. Distribute written notice that includes the pamphlet, to each affected dwelling unit prior to the start of renovation. The written notice shall describe the general nature and locations of the planned activities and the expected starting and ending dates.b. While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation activities and the anticipated completion date. These signs shall be posted in areas where they are likely to be seen by the occupants of all the affected units. The signs shall be accompanied by a posted copy of the pamphlet. Alternatively, the pamphlet may be distributed to each affected unit.3. For renovation activities in common areas of multi-family dwellings, the renovation company shall prepare, sign, and date, a statement describing the steps taken to notify all occupants of the intended renovation activities.4. If the scope, locations or expected starting and ending dates of renovation activities change after the initial notice to occupants, the company shall provide further written notice to owners and occupants providing revised information on the ongoing or planned activities. This subsequent notice shall be provided before initiating work beyond that which was described in the initial notice.(d)Renovation activities in child-occupied facilities. No more than 60 days before beginning renovation activities the company performing the renovation activities shall do all of the following:1. In any child-occupied facility, provide the owner of the building with the pamphlet, and comply with one of the following:a. Obtain from the owner a written acknowledgment that the owner has received the pamphlet.b. Obtain a certificate of mailing at least 7 days prior to the start of the renovation activities.2. If the child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following: a. Obtain, from the adult representative a written acknowledgment that the adult representative had received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the company performing the renovation activities has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification shall include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgement (e.g., representative refuses to sign), the signature of a representative of the company performing the renovation activities, and the date of signature.b. Obtain a certificate of mailing at least 7 days prior to the start of renovation activities.3. In any child-occupied facility, provide the parents and guardians of children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation activities and the anticipated completion date by complying with one of the following: a. Mail or hand-deliver the pamphlet and the renovation activities information to each parent or guardian of a child using the child-occupied facility.b. While the renovation activities are ongoing, post informational signs describing the general nature and locations of the renovation activities and the anticipated completion date. These signs shall be posted in areas where they can be seen by the parents and guardians of the children frequenting the child-occupied facility. The signs shall be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians can review a copy of the pamphlet or obtain a copy from the company performing the renovation activities at no cost to the parents or guardians.4. Prepare, sign and date a statement describing the steps taken to notify all parents and guardians about the intended renovation activities and provide the pamphlet.(e)Written acknowledgment. The written acknowledgments required under pars. (a) 1. and (d) 1. a. and 2. a. of this subsection shall include all of the following:1. A statement recording the owner's, occupant's or representative's name and acknowledging receipt of the pamphlet prior to the start of the renovation activities, the address of the unit undergoing renovation, the signature of the owner, occupant or representative, as applicable, and the date of signature.2. Be either a separate sheet or part of a written contract or service agreement for the renovation.3. Be written in the same language as the text of the contract or service agreement for the renovation activities, or, in the case of non-owner-occupied target housing, in the same language as the lease or rental agreement or the pamphlet.(11) RENOVATION ACTIVITIES. (a)Who may conduct. Only the following persons may conduct renovation activities involving target housing or child-occupied facilities: 1. Certified lead-safe renovators who work for a certified lead company.2. Persons trained by and under the supervision of a certified lead-safe renovator who works for a certified lead company.3. Certified lead abatement supervisors or lead abatement workers who meet the training requirements under s. DHS 163.11(2) (c) and work for a certified lead company.4. Persons licensed, certified or registered by the department of safety and professional services under s. 101.178 or ch. 145, Stats., who meet all the requirements under s. DHS 163.10(1) (d) 2.(b)Lead-safe work protocol. When supervising or performing renovation activities, documented methodologies shall be used to conduct work in a lead-safe manner that does not create lead-based paint hazards, including work practices and engineering controls that limit the creation of dust and prevent the spread of dust, debris and paint chips outside the work area, and shall comply with all requirements under pars. (c) to (L).(c)Requirement for supervision. The assigned certified lead-safe renovator or another person who meets the conditions of par. (a) 3. or 4., shall provide direct on-site supervision at all times during worksite setup, including while posting warning signs and establishing work area containments, and shall be onsite regularly during renovation activities to direct work performed by other individuals and to ensure that lead-safe work practices are being followed, that containment barriers are maintained and that dust and debris do not spread beyond the work area. The certified lead-safe renovator shall be readily available, either on site or by telephone, at all times while paint disturbing activities are being conducted and, when off site, shall be able to return to the worksite within a reasonable time, about 30 minutes, as needed.(d)Requirement for ensuring compliance. The company shall ensure that all renovation activities are conducted according to the requirements of this section and all applicable federal, state and local government requirements are followed.(e)Occupant protection. Documented methodologies and all of the following work practice requirements shall be used to protect occupants when renovation activities are performed: 1. `Post signs.' Signs clearly defining the work area and warning occupants and other persons not involved in the renovation activities to remain outside the work area. To the extent practicable, these signs shall be in the primary language of the occupants. Signs shall be posted before beginning the work and shall remain in place and readable until the renovation activities and post-work cleaning verification have been completed.2. `Contain work areas.' Before starting renovation activities, the work area shall be isolated so that no dust or debris leaves the work area during the activity. Workers shall maintain the integrity of the containment throughout the renovation activities by ensuring that any plastic or other appropriate containment materials are not torn or displaced, and taking steps necessary to ensure that no dust or debris leaves the containment work area during the renovation. When the building is occupied, containment shall be installed in a manner that provides safe access to restrooms and exits for occupants. Containment may not be constructed in a manner that would interfere with worker egress in an emergency.(f)Interior lead-safe work practices . The company shall ensure that documented methodologies are used for all interior renovation activities and that all personal property in the work area is protected from contamination by dust and debris, including all of the following: 1. Remove all objects from the work area, including furniture, rugs, and window coverings. Pre-clean all horizontal surfaces with a HEPA vacuum to remove any existing paint dust and debris. Objects that cannot be removed shall first be cleaned using a HEPA vacuum, and then be covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.2. Close and seal all duct openings in the work area with taped down plastic sheeting or other impermeable material.3. Close windows and doors in the work area. Doors shall be covered with plastic sheeting or other impermeable material. Doorways used as the entrance to the work area shall be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.4. Cover floor surfaces in the work area, including installed carpet, with taped down plastic sheeting or other impermeable material at least 6 feet beyond the perimeter of surfaces undergoing renovation, or a sufficient distance to contain all dust, whichever is greater. Floor containment measures may stop at the edge of a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and that are completely sealed at joints with the floor, ceiling, and walls.5. Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.(g)Exterior lead-safe work practices. The company shall ensure that documented methodologies are used for all exterior renovation activities and that all personal property in the work area is protected from contamination by dust and debris, including all of the following: 1. Remove all objects from the work area, including furniture and play equipment, and pre-clean horizontal surfaces and the ground to remove any visible paint debris. Objects that cannot be removed shall be covered with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.2. Close all doors and windows within 20 feet of the renovation work area. On multi-story buildings, close all doors and windows within 20 feet of the renovation work on the same floor as the renovation and all doors and windows on all floors below that are the same horizontal distance from the renovation work.3. Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.4. Cover the ground with heavy duty plastic sheeting extending 10 feet beyond the perimeter of surfaces undergoing paint disturbance or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line or neighboring structures prevent 10 feet of ground cover. Vertical containment or other precautions in containing the work area may be necessary in order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system.(h)Prohibited practices. All of the following work practices shall be prohibited or restricted during a renovation activity:1. Open-flame burning, torching or charring of paint.2. Operating a heat gun on paint at or above 1100 degrees Fahrenheit.3. Using a chemical paint stripper containing methylene chloride.4. Using machines to remove paint through high speed operation such as abrasive blasting, sandblasting, needle gunning, or machine sanding, grinding or planing painted surfaces, unless the machine is operated with a properly fitted HEPA-filtered exhaust control to collect dust and debris at the point of generation and in a fully contained work area.5. High-pressure water blasting or hydroblasting unless it is conducted in a fully contained work area with HEPA-filtered exhaust control and water collection system.6. Using an improperly operating HEPA vacuum to clean up dust, debris, and paint chips.7. Dry sweeping dust, debris, or paint chips.(i)Waste handling. All wastewater, air emissions and solid waste from renovation activities shall be handled as follows: 1. Contained in the work area to prevent the release of dust and debris before removal for storage and disposal. If a chute is used to remove waste from the work area it shall be covered.2. Stored in a container or enclosure at the conclusion of each work day that prevents access to and release of dust and debris.3. Contained to prevent release of dust and debris for final transport at the conclusion of renovation activities.4. Discharge of wastewater shall be managed according to chs. NR 105, 106 and 200 to 299.5. Air emissions shall be managed according to chs. NR 404, 415, 429, and 445.6. Paint debris and waste shall be managed according to chs. NR 500 to 538 and 660 to 679.(j)Cleaning the work area. 1. Documented methodologies shall be followed to clean all work areas at the end of each work day and when all renovation activities have been completed. After the paint disturbing work has been completed, the work area shall be cleaned until no dust, debris or residue remains.2. For all interior and exterior work areas do all of the following: a. Collect all paint chips and debris and, without dispersing any of it, seal the waste in a heavy-duty waste bag.b. Dispose of all sheeting as waste by first misting, then folding inward until as small as possible, taping seams shut or placing in heavy-duty waste bags. Sheeting used to isolate contaminated areas from non-contaminated areas shall remain in place until after final cleaning and removal of all other sheeting.3. For exterior work areas, remove all visible debris, paint chips and residue in and below the work area, including from the ground, window sills and other horizontal surfaces.4. For interior work areas do all of the following:a. Clean all objects and horizontal surfaces in the work area and within 2 feet outside the work area starting at the top and working down to the floor.b. Clean walls starting at the ceiling and working down to the floor by either HEPA vacuuming or wiping with damp disposable cleaning cloths.c. For other interior surfaces, thoroughly HEPA vacuum all remaining surfaces and objects in the work area, including horizontal surfaces, furniture and fixtures. After vacuuming, wipe the same surfaces, objects and fixtures with damp disposable cleaning cloths.d. For carpets, use a HEPA vacuum with a beater bar to thoroughly and meticulously vacuum carpets and rugs.e. For uncarpeted floors, thoroughly mop the floor using a 2- or 3-bucket mopping system or a wet mopping system using disposable cloths. Note: For documented methodologies for cleaning, refer to the 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.
(k)Post-activity visual inspection. 1. A visual inspection of the work area or areas shall be conducted by a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11(2) (c) after renovation activities and cleaning have been completed.2. For interior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present in or around the work areas. If dust, debris or residue is present, these conditions shall be removed by re-cleaning and another visual inspection shall be performed.3. For exterior renovation activities, a visual inspection shall be performed to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions shall be eliminated and another visual inspection shall be performed. After the work area or areas pass visual inspection, the activity is considered complete and warning signs may be removed.(l)Post renovation cleaning verification for interior work areas. Except as allowed under par. (m), after a successful visual inspection, a certified lead-safe renovator or certified lead abatement worker or supervisor who meets the training requirements under s. DHS 163.11(2) (c) shall verify cleaning of all interior work areas by using all of the following procedures: 1. Verify that each windowsill in the work area has been adequately cleaned by wiping the windowsill with an unused wet disposable cleaning cloth that is damp to the touch and comparing the cleaning cloth to the cleaning verification card.a. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.b. If the cleaning cloth is darker than the cleaning verification card, the windowsill has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, either use a new cleaning cloth or fold the used cloth in such a way that an unused surface is exposed and wipe the surface again. If the cleaning cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.c. If the cleaning cloth is still darker than the cleaning verification card, wait one hour or until the surface has dried completely, whichever is longer.d. After waiting for the windowsill to dry, wipe the sill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.2. Verify that uncarpeted floors and countertops within the work area have been adequately cleaned by wiping the floors and countertops with an unused wet disposable cleaning cloth. Floors shall be wiped using a long-handled mop designed with a head attachment for wet disposable cleaning cloths. The cleaning cloth shall remain damp at all times while it is being used to wipe the surface for post-activity cleaning verification. If the surface within the work area is larger than 40 square feet, the surface within the work area shall be divided into roughly equal sections that are each less than 40 square feet. Wipe each section separately with a new wet disposable cleaning cloth. a. If the cloth used to wipe that section within the work area matches the cleaning verification card, that section has been adequately cleaned.b. If the cleaning cloth used to wipe a particular section is darker than the cleaning verification card, that section has not been adequately cleaned and re-cleaning following the procedures in par. (j) 3. is required. After re-cleaning, use a new cleaning cloth and wipe that section again. If the cleaning cloth matches or is lighter than the cleaning verification card, that section of the surface has been adequately cleaned.c. If the cleaning cloth used to wipe a particular surface section is still darker than the cleaning verification card after the surface has been re-cleaned, wait for one hour or until the entire section surface has dried completely, whichever is longer.d. After waiting for the entire section surface to dry, wipe the surface with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.3. When the work area passes the post-renovation cleaning verification, warning signs may be removed.(m)Optional dust clearance testing.1. Cleaning verification under par. (L) is not required if the contract between the company and the person contracting for the renovation activities or another federal, state, or local law or regulation requires dust clearance sampling at the conclusion of a renovation activity covered by this chapter.2. Dust clearance samples for renovation activities shall be collected by a certified lead inspector, lead hazard investigator, lead risk assessor or lead sampling technician following clearance protocol under s. DHS 163.14(5) (c).3. The company performing the renovation shall re-clean or seal work areas and component types that fail dust clearance until the dust clearance sample results are below the clearance standards in s. DHS 163.14(5) (c) 8.(n)Activities conducted after successful cleaning verification or clearance testing. Activities that do not disturb paint, such as re-painting walls that have been properly prepared, are not regulated under this subchapter if they are conducted after cleaning verification has been performed or clearance testing results show dust lead levels below the clearances standards in s. DHS 163.14(5) (c) 8.(o)Emergency renovations.1. Emergency renovations are exempt from the warning sign, containment, waste handling, training and certification requirements of this chapter to the extent necessary to respond to the emergency.2. Emergency renovations are not exempt from the cleaning requirements of this subsection, which shall be performed by certified lead-safe renovators or individuals trained by a certified renovator, the cleaning verification requirements of this subsection, which shall be performed by certified renovators, or the recordkeeping requirements under s. DHS 163.13(3) (c).(p)Use of paint test kits. When requested by the party contracting for renovation services, the certified renovator may use only a department-recognized paint test kit to determine whether components and surfaces to be affected by the renovation activities contain lead-based paint. The certified renovator shall test each distinct component and surface to be affected, follow the manufacturer's instructions for use of the paint test kit, and document and maintain the records required under s. DHS 163.13(3) (c) 11.(q)Records. The company shall prepare, maintain and distribute records as required under s. DHS 163.13(3) (c).Wis. Admin. Code Department of Health Services DHS 163.14
CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; CR 03-019: am. (1) (g), (5) (c) 8. c. and (9) (g), cr. (9) (g) 3. Register July 2003 No. 571, eff. 8-1-03; correction in (8) (e) 1. made under s. 13.93(2m) (b) 7, Stats., Register July 2003 No. 571; corrections in (1) (k) 3. and (8) (e) 1. made under s. 13.92(4) (b) 7, Stats., Register January 2009 No. 637; EmR0928: emerg. renum. (1) (c) 1. to be (1) (c) and am., r. (1) (c) 2., am. (5) (a) 1. to 3., (b) 1., 2., (c) 3. a., 4. a., 8. (intro.), 10. (title), (intro.), and c. to e., r. and recr. (5) (b) 3., cr. (5) (b) 4. to 6., (10) and (11), eff. 10-16-09; CR 09-085: renum. (1) (c) 1. to be (1) (c) and am., r. (1) (c) 2., am. (5) (a) 1. to 3., (b) 1., 2., (c) 3. a., 4. a., 8. (intro.), 10. (title), (intro.), and c. to e., r. and recr. (5) (b) 3., cr. (5) (b) 4. to 6., (10) and (11) Register March 2010 No. 651, eff. 4-1-10; correction in (11) (a) 4. made under s. 13.92(4) (b) 6, Stats., Register January 2012 No. 673.Amended by, CR 10-110: r. and recr. (1) (e), r. (1) (f), am. (1) (h) (title), (i), r. and recr. (1) (k), am. (1) (m) 3., (2) (title), (a) (intro.), 1. to 4., cr. (2) (a) 5., am. (2) (b) (title), 1. (intro.) to 4., (c) (title), 1. (intro.) to 3., (3) (h), (i), (5) (c) 6., 8. a., cr. (5) (c) 8. am., am. (5) (c) 8. b., c., cr. (5) (c) 9. cm., cr., am. (5) (c) 9. d., r. (5) (c) 9. e., am. (7) (d) (intro.), 1., 3., (g) 14., r. and recr. (7) (g) 15., am. (8) (title), (c) 1. to 3., (e) 6., 7. a., b., (f) (intro.), cr. (8) (f) 11., am. (9) (c), (e), r. and recr. (10) (a), r. (10) (b), (c), am. (11) (a) 1. to 3., (f) 1., 4., (g) 1., 4., r. (11) (g) 5., am. (11) (h) 4., 6., 7. Register June 2021 No. 786, eff. 7-1-21; (1) (e) 5. (title) created under s. 13.92(4) (b) 2, Stats., correction in (10) (a) 1. b. made under s. 35.17, Stats., and correction in (10) (e) (intro.) made under s. 13.92(4) (b) 7, Stats., Register June 2021 No. 786, eff. 7/1/2021