Section DHS 163.40 - General provisions(1) APPLICABILITY. This subchapter applies to registered lead-free property and registered lead-safe property, the property owners and the employees and agents of property owners of registered lead-free property or registered lead-safe property, and persons performing lead-based paint activities on registered lead-safe property.(2) REQUIREMENTS AND RESTRICTIONS. (b)Registered lead-free property or registered lead-safe property. Only a dwelling, dwelling unit or premises with a valid certificate of lead-free status in effect may be claimed to be registered lead-free property and only a dwelling, dwelling unit or premises with a valid certificate of lead-safe status in effect may be claimed to be registered lead-safe property.(c)Sampling or testing.2. `Treating paint as lead-based paint for registered lead-free or lead-safe properties.' For purposes of obtaining a certificate of lead-free status or a certificate of lead-safe status and for performing lead abatement or non-abatement lead-based paint activities on registered lead-safe property, untested paint shall be treated as lead-based paint.3. `Who may sample or test paint for a lead-free inspection or lead-safe investigation.' To be included in a lead-free inspection or lead-safe investigation, sampling or testing of paint shall be conducted by an appropriately certified person who is: a. Not the property owner or an immediate family member, agent or employee of the property owner.b. Not 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.c. Not a person hired by or under contract with the property owner to manage or maintain the property owner's real property as directed by the property owner.d. Not a person who has been authorized by the property owner to manage or maintain the property owner's real property on the property owner's behalf.e. Not a person who has a financial interest in the laboratory results of the sampling or testing or in the determination of whether the property meets the registered lead-free property standard or the registered lead-safe property standard.5. `Conducting sampling or testing.' If sampling or testing of paint is conducted on registered lead-free property or registered lead-safe property, the certified individual shall use documented methodologies that incorporate adequate quality control procedures to do one of the following: a. Using the procedures under s. DHS 163.14(8), test the paint with an XRF and, if the XRF reading is more than 1 milligram lead per square centimeter, determine that lead-based paint is present. If the reading is less than or equal to 1 milligram lead per square centimeter, determine that lead-based paint is not present. When a reading is in the inconclusive range for the XRF used, treat the paint as lead-based paint unless a paint chip sample taken under subd. 5. b. results in a determination that lead-based paint is not present.b. Collect a paint chip sample; have the paint chip sample analyzed by a recognized laboratory to determine detectable levels of lead that can be quantified numerically; and determine that lead-based paint is present if the laboratory result for the paint chip sample is more than 0.5% lead by weight. If the laboratory result for the paint chip sample is equal to or less than 0.5% lead by weight, determine that lead-based paint is not present.(3) TRANSFER OF CERTIFICATE OWNERSHIP. (a)Requirement to transfer. When a person obtains both equitable title and legal possession of a registered lead-free property or registered lead-safe property, any certificate issued to the previous property owner is no longer in effect unless transferred under par. (b).(b)Written notice to transfer.1. To request a transfer of ownership and an amended certificate, one of the new property owners shall submit a signed and dated written notice of the change in ownership of the property to the department within 60 days after the date on which the new property owner obtains both equitable title and legal possession of a registered lead-free property or registered lead-safe property. In the written notice, the property owner who provides the notice shall provide the names and mailing addresses of the property owners or the name and mailing address of the authorized representative of the property owners.2. The property owner shall submit the appropriate fee for an amended certificate under s. DHS 163.41(2) (f) or 163.42(2).(c)Amended certificate. After receiving a written notice and fee under par. (b), the department shall issue an amended certificate that reflects the change in the ownership of the property.(d)Maintaining a certificate of lead-safe status. The new owners shall comply with the conditions for maintaining the certificate under s. DHS 163.42 until the certificate expires or is terminated or revoked. Note: Along with the amended certificate, the department will send the new owners information about the conditions for maintaining the certificate.
(5) VOLUNTARY TERMINATION OF A CERTIFICATE. To voluntarily terminate a certificate of lead-free status or to terminate a certificate of lead-safe and the requirement to comply with conditions for maintaining a certificate of lead-safe status, the property owner shall return the original certificate and any existing copies to the department with a signed and dated notice to terminate the certificate. The certificate is no longer in effect on the date the department receives the notice.Wis. Admin. Code Department of Health Services DHS 163.40
CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1), (2) (c) 2., 3. b. and 5. a., r. (2) (a), (c) 1., 4., and (4), eff. 10-16-09; CR 09-085: am. (1), (2) (c) 2., 3. b. and 5. a., r. (2) (a), (c) 1., 4., and (4) Register March 2010 No. 651, eff. 4-1-10.Amended by, CR 19-110: am. (2) (c) 2., 5. a., b. Register June 2021 No. 786, eff. 7/1/2021