Section DHS 163.41 - Certificate of lead-free status(1) REGISTERED LEAD-FREE PROPERTY STANDARDS. All registered lead-free property shall meet all of the following standards: (a)Painted components. Painted components shall be free of lead-based paint, as determined by a lead-free inspection under sub. (2).(b)Dust from removal of paint or components. Property shall be free of a dust-lead hazard created by removal of lead-based paint or lead-based paint components, as determined by a lead-free inspection under sub. (2).(2) ISSUANCE OF LEAD-FREE CERTIFICATE. All of the following apply to issuing a certificate of lead-free status: (a)Lead-free inspection protocol.1. `Who may conduct.' A lead-free inspection shall be conducted by a certified lead inspector or lead risk assessor associated with a certified lead company. Under direct on-site supervision of a certified lead inspector or risk assessor, a certified lead hazard investigator or sampling technician may assist with a lead-free inspection but may not use an XRF. Certified individuals involved with conducting a lead-free inspection shall conduct it in an unbiased, objective and impartial manner. All persons involved with conducting the lead-free inspection shall meet the requirements under s. DHS 163.40(2) (c) 3.2. `Locations inspected.' The registered lead-free property covered by a certificate is limited to those locations subject to the lead-free inspection under one of the following subd. pars., except that all dwelling units are included when a random selection process under subd. 2. c. is successfully used:a. When a certificate of lead-free status is being sought for a single dwelling unit, the locations inspected shall include the dwelling unit for which the certificate is being sought and all interior and exterior common areas for the real property associated with the dwelling.b. When a certificate of lead-free status is being sought for an entire multi-family dwelling, the locations inspected shall include all dwelling units unless subd. 2. c. applies, and shall include all interior and exterior common areas for the real property associated with the dwelling.c. When a certificate of lead-free status is being sought for a multi-family dwelling with more than 20 dwelling units that are similar in construction, age and have a common painting history, the locations inspected shall include either all dwelling units or a subset of the dwelling units selected using the random selection process, and shall include all interior and exterior common areas for the real property associated with the dwelling. When the random selection process is used for dwellings built before 1960, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 95% of all dwelling units would meet the standard for registered lead-free property if all dwelling units were investigated. When the random selection process is used for dwellings built in 1960 or later, a sufficient number of dwelling units shall be selected to provide a 95% level of confidence that at least 90% of all dwelling units would meet the standard for registered lead-free property if all dwelling units were investigated. If any dwelling unit included in the lead-free inspection does not meet the standard, a certificate of lead-free status may not be issued. If conditions in the failed dwelling unit are corrected, conduct a new lead-free inspection that includes a new selection of dwelling units chosen using the random selection process. Note: For assistance in selecting the correct number of dwelling units to include in the lead-free inspection, 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. At the first instance that a property fails a lead-free inspection, follow the actions agreed upon in the contract under s. DHS 163.13(5) (e). Actions that might be required in the contract include the following: stop the lead-free inspection, continue with the lead-free inspection or a lead inspection to discover other sources of lead-based paint, or convert the lead-free inspection to a lead-safe risk assessment.
d. When a certificate of lead-free status is being sought for a premises that is not a dwelling, such as a child-occupied facility, the locations inspected shall include all interior and exterior common areas for the real property associated with the premises where an occupant of the child-occupied facility might be exposed to a lead-based paint hazard. Note: Subd. 2. a. to c. apply only to dwellings and subd. 2. d. applies only to other premises that are not dwellings, such as child-occupied facilities.
e. The lead-free inspection may incorporate a determination from a prior lead investigation activity that lead-based paint is not present on a painted component when the prior investigation activity meets the requirements under s. DHS 163.40(2) (c) 3.3. `Lead inspection.' A lead-free inspection shall include a lead inspection under s. DHS 163.14(8).4. `Clearance.' A lead-free inspection shall include clearance under s. DHS 163.14(5) of the work area where more than 2 square feet of paint was removed or more than 2 square feet of paint was disturbed in removing a painted component, if known, or of the dwelling units and common areas inspected under subd. 2., unless one of the following is obtained:a. A clearance report issued by an appropriately certified person after the most recent removal of more than 2 square feet of paint or removal of a painted component when the removal disturbed more than 2 square feet of paint. A certified individual involved with conducting clearance that is included in a lead-free inspection may not be a property owner or an immediate family member, agent or employee of a property owner or associated with a certified lead company that is directly or beneficially owned, controlled or managed by a property owner, or by an immediate family member, agent or employee of a property owner.b. The following statement signed by the property owner or the property owner's agent or employee and dated at the time of signature: "I have no notice or knowledge of any person, during the previous 12 months, removing a total of more than 2 square feet of paint or disturbing more than 2 square feet of paint when removing a painted component from the real property included in this lead-free inspection."(b)Submission of registration form. Following instructions provided by the department, a lead company shall complete and submit the lead-free inspection registration form to the department within 10 working days after completing the lead-free inspection, including receipt of any laboratory results. The registration form shall be submitted using an electronic format provided by the department or an alternative method approved by the department.(c)Verification of qualification and registration. The lead company shall follow the instructions provided by the department to issue the certificate of lead-free status to the property owner within 10 working days after receiving verification of qualification and registration from the department.(d)Effective date.1. If a certified lead company conducts a lead-free inspection and submits the registration form to the department under par. (b) within 10 working days after completion of the lead-free inspection, and, if the department determines the dwelling unit, dwelling or premises meets the standards for registered lead-free property, the certificate shall be valid on the date the on-site sampling was completed.2. If a lead company fails to submit the registration form within 10 working days under par. (b), the certificate shall be valid on the date the dwelling unit, dwelling or premises met the standards, as determined by the department based on evidence submitted by the property owner or lead company.3. If a certified lead company conducted a lead inspection prior to the availability of certificates of lead-free status, the certificate shall be valid on the date the lead-free inspection form under par. (b) is received by the department when one of the following meets the requirements of the lead-free inspection protocol under par. (a) : a. The prior lead inspection.b. The prior lead inspection combined with a subsequent update to the lead inspection.(e)Expiration date. A certificate of lead-free status is valid until revoked, which shall be stated on each certificate of lead-free status issued.(f)Fees.1. In addition to fees charged by the lead company for the lead-free investigation and any laboratory analysis, the property owner shall pay a lead-free certificate fee of $50 to the lead company issuing a lead-free certificate and the lead company shall forward payment to the department before the 10 th day of the month following issuance.2. In addition to the fee under subd. 1., a lead company that submits a lead-free report using an approved alternative under sub. (2) (b) shall pay a handling fee of $25.3. If a property owner requests the department to issue a duplicate or an amended certificate of lead-free status, the property owner shall submit a fee of $50, payable to the department of health services. Note: The department will provide training to lead company staff on the process for registering and issuing a lead-free or lead-safe certificate. To request training, call 608-261-6876.
(3) REVOCATION. If the department provides written notice of revocation, the grounds for revocation and an explanation of the process under s. DHS 163.33 for appealing a revocation not less than 30 days before the date of the revocation, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period, the department may revoke a certificate of lead-free status for any of the following reasons: (a) The dwelling, dwelling unit, child-occupied facility or other premises is not free of lead-based paint, as determined by sampling conducted using documented methodologies.(b) The certificate was issued in error.(c) The lead-free inspection does not support that the property meets the registered lead-free property standards under sub. (1) because the lead-free inspection protocol under sub. (2) was not followed in determining that the dwelling, dwelling unit, child-occupied facility or other premises met the standards for registered lead-free property and a subsequent lead-free inspection does not verify that the dwelling, dwelling unit, child-occupied facility or other premises met the lead-free standards. Note: When a property owner is notified of a problem with a lead-free inspection, the property owner may hire a certified lead company to conduct a new lead-free inspection to verify that the property was, in fact, eligible for the lead-free certificate. If the property owner submits the inspection report for the new lead-free inspection to the department, the department will review the report and stop the revocation action if the new lead-free inspection verifies the property meets the standards.
(d) The property owner or his or her employee or agent obtained the certificate by fraud.Wis. Admin. Code Department of Health Services DHS 163.41
CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) (a) 2. d., eff. 10-16-09; CR 09-085: am. (2) (a) 2. d. Register March 2010 No. 651, eff. 4-1-10; correction in (2) (f) 3. made under s. 13.92(4) (b) 6, Stats., Register March 2010 No. 651.Amended by, CR 19-110: am. (2) (a) 2. e., 4. a. Register June 2021 No. 786, eff. 7/1/2021