Section DHS 163.42 - Certificate of lead-safe status(1) REGISTERED LEAD-SAFE PROPERTY STANDARDS. Under the standards in this subsection, paint is considered to be lead-based paint unless tested under s. DHS 163.40(2) (c) and determined not to be lead-based paint. For registered lead-safe property, all locations under sub. (2) (a) 2. that are subject to a lead-safe investigation shall meet all of the following standards, as determined by a lead-safe investigation under sub. (2): (a)Interior painted components. Interior painted components shall be free of deteriorated lead-based paint.(b)Exterior painted components. Exterior painted components shall be free of deteriorated lead-based paint.(c)Paint chips. Floors, stairways, windowsills, window wells or troughs and soil shall be free of visible paint chips.(d)Substrate. Substrates with lead-based paint shall have no visible defect, damage, decay or deterioration that might cause paint failure.(e)Dust-lead hazards. The property shall have no dust-lead hazards as defined under DHS 163.15(1) (b).(f)Moisture or water damage. Surfaces with lead-based paint shall be free from ongoing water damage caused by any of the following: 1. Unrepaired water leaks in gutters, downspouts, roofs, foundations or other components.2. Unrepaired leaks in plumbing, air conditioning or heating systems.3. Absent or malfunctioning gutters or downspouts.(g)Painted floors and stairs. Painted interior and exterior floors and stairs shall be free of deteriorated or abraded lead-based paint.(h)Window systems, including storm and screen windows. For window systems with lead-based paint, all of the following apply:1. Weep holes shall be present and open in any window system designed to have weep holes.2. Window wells or troughs shall be smooth and cleanable.3. Glazing shall not have gaps.(i)Soil -lead hazard. There shall be no soil-lead hazard on registered lead-safe property. A soil-lead hazard is present when bare soil is present and an assessment conducted under s. DHS 163.14(9) (g) determines that the bare soil is a soil-lead hazard under s. DHS 163.15(2).(2) ISSUANCE OF CERTIFICATE OF LEAD-SAFE STATUS.(a)Lead-safe investigation protocol.1. `Who may conduct.' A lead-safe investigation shall be conducted by a certified lead hazard investigator or lead risk assessor associated with a certified lead company. 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-safe investigation. Certified individuals involved with conducting a lead-safe investigation shall conduct it in an unbiased, objective and impartial manner. All persons involved with conducting the lead-safe investigation shall meet the requirements under s. DHS 163.40(2) (c) 3.2. `Locations investigated.' The registered lead-safe property covered by a certificate is limited to those locations subject to the lead-safe investigation under one or more of the following subd. pars., except that all dwelling units are included when a random selection process under subd. 2. c. is successfully used: Note: Subd. 2. a. to c. apply to dwellings and subd. 2. d. applies to other premises that are not dwellings, such as child-occupied facilities.
a. When a certificate of lead-safe status is being sought for a single dwelling unit, the locations investigated 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 where an occupant of the dwelling unit might be exposed to a lead-based paint hazard.b. When a certificate of lead-safe status is being sought for an entire multi-family dwelling, the locations investigated 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 where an occupant might be exposed to a lead-based paint hazard.c. When a certificate of lead-safe 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 paint, maintenance and management history, the locations investigated shall include either all dwelling units or a subset of the dwelling units that are selected using the random selection process, and shall include all interior and exterior common areas for the real property associated with the dwelling where an occupant might be exposed to a lead-based paint hazard. When the random selection process is used, 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-safe property if all dwelling units were investigated. If any dwelling unit included in the lead-safe investigation does not meet the standard, a certificate of lead-safe status may not be issued. If conditions in the failed dwelling unit are corrected, conduct a new lead-safe investigation that includes a new selection of dwelling units using the random selection process. Note: For assistance in selecting the correct number of dwelling units to include in the lead-safe investigation, 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-safe investigation, follow the actions agreed upon in the contract under s. DHS 163.13(5) (e). Actions that might be required in the contract include stopping the lead-safe investigation or converting to a risk assessment.
d. When a certificate of lead-safe status is being sought for a premises that is not a dwelling, such as a child-occupied facility, the locations investigated 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.e. The lead-safe investigation may incorporate a determination from a prior lead investigation activity that lead-based paint is not present on a painted component when the prior lead investigation activity meets the requirements under s. DHS 163.40(2) (c) 3.3. `Sampling or testing for lead-based paint.' Certified persons conducting a lead-safe investigation shall treat paint as lead-based paint unless the paint is sampled or tested under s. DHS 163.40(2) (c) and determined not to contain lead-based paint.4. `Visual inspection.' Conduct a visual inspection of the real property to determine compliance with sub. (1) (a) to (e) and (g) to (i).5. `Collection of dust samples.' For a lead-safe investigation of a dwelling, use documented methodologies to collect composite dust samples under subd. 6. or single-surface dust samples under subd. 7., and to collect single surface dust samples of common areas under subd. 8. For a lead-safe investigation of any other premises, use documented methodologies to collect single-surface dust samples under subd. 9. Note: Composite dust sampling under this protocol is comparable to dust sampling conducted under a lead hazard screen and single-surface dust sampling is comparable to dust sampling conducted under a lead risk assessment. Documented methodologies for dust wipe samples under this protocol include the EPA protocols under 40 CFR 745.227, EPA guidance documents relating to the EPA protocols and Chapter 5 of HUD's "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing."
6. `Collect composite dust samples of a dwelling unit.' Collect composite dust samples from a dwelling unit as follows: a. Collect one or more composite dust sample consisting of 4 separate dust samples from the floors of the main entryway and rooms or areas where a child under age 6 years would most likely come into contact with dust.b. Collect one or more composite dust sample consisting of 4 separate dust samples from the window troughs or 4 separate dust samples from interior sills of windows that are most frequently operated or where a child under age 6 years would most likely come into contact with dust.c. For a dwelling unit in a multi-family dwelling, collect dust samples under subd. 8. from common areas where a child under age 6 years would most likely come into contact with dust in addition to the samples collected under subd. 6. a. and b.7. `Single surface dust samples of a dwelling unit.' Collect single-surface dust samples from a dwelling unit as follows: a. Collect a minimum of 4 dust samples from floors in rooms and areas that might be frequented by children under age 6, with samples collected from areas of the floor where a child under age 6 would most likely come into contact with dust, such as a play area within a room, a high-traffic walkway and underneath windows.b. Collect one dust sample from a window trough of a window that is commonly operated or where a child under age 6 years would most likely come into contact with dust.c. Excluding the window from which the sample under subd. 7. b. was taken, collect a minimum of 3 dust samples from interior windowsills in rooms or areas where a child under age 6 years would likely come into contact with dust. Select windows that are frequently operated or where a child under age 6 years would most likely come into contact with dust.d. For a dwelling unit in a multi-family dwelling, collect dust samples under subd. 8., from common areas where a child under 6 years would most likely come into contact with dust in addition to the samples collected under subd. 7. a. to c.8. `Single surface dust samples of dwelling common areas.' Collect single surface dust samples of dwelling common areas as follows:a. Collect window and floor dust samples from common areas adjacent to the dwelling.b. Collect window and floor samples from other common areas where a child under age 6 would likely come into contact with dust.9. `Single-surface dust samples of other premises.' For a child-occupied facility or premises other than a dwelling, collect single-surface dust samples as follows:a. Window and floor samples in each room, hallway or stairwell used by a child under age 6 years.b. Collect window and floor dust samples from common areas adjacent to the child-occupied facility or other premises.c. Collect window and floor samples from other common areas where a child under 6 years of age would likely come into contact with dust.10. `Collection of soil samples.' Soil analysis is not required unless bare soil is present. If bare soil is present, collect soil samples for analysis of lead concentrations from the following locations:a. Exterior play areas where bare soil is present.b. The rest of the yard where bare soil is present.c. Dripline and foundation areas where bare soil is present.11. `Analysis by a recognized laboratory.' Have any collected paint chip, dust or soil samples analyzed by a recognized laboratory to determine any detectable levels of lead that can be quantified numerically.(b)Submission of registration form. Following instructions provided by the department, a lead company shall complete and submit the lead-safe investigation registration form to the department within 10 working days of completing the lead-safe investigation or receiving any laboratory results, whichever is later. 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-safe status to the property owner within 10 days after receiving verification of qualification and registration from the department.(d)Effective date.1. If a certified lead company conducts a lead-safe investigation and submits the registration form to the department under par. (b) within 10 working days after completion of the lead-safe investigation, including receipt of any laboratory results, and if the department determines the dwelling unit, dwelling or premises meets the standards for registered lead-safe 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 (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.(e)Expiration date.1. `General criteria for determining the expiration date.' For property meeting the registered lead-safe property standards under sub. (1), a certificate of lead-safe status shall be given an expiration date based on the component that is most likely to cause or become a lead-based paint hazard before any other component. A component that is proven to be lead-free shall be excluded from consideration. A component that has been enclosed or encapsulated according to documented methodologies shall be excluded from consideration under subds. 1. to 5. To determine the expiration date, select the shortest duration under subds. 2. to 7. based only on the components subject to the lead-safe investigation under sub. (2) (a) 2.2. `Nine months.' The presence of paint on an impact or friction surface of a window well or trough, window channel, or window sash shall result in a certificate of lead-safe status being issued for no more than 9 months when paint is not proven to be lead-free and the painted surface is not enclosed by a durable material that protects the paint from impact and abrasion. Note: The 9-month certificate is intended to allow recognition of temporary measures, such as removing dust-lead and debris created by impact and friction, while more permanent lead hazard reduction continues. Under sub. (4), no more than 2 applications for a 9-month certificate may be submitted unless the property owner provides the department with a reason why an additional 9-month certificate is necessary.
3. `One year.' The presence of any of the following conditions shall result in a certificate of lead-safe status being issued for no more than one year unless the paint is proven to be lead-free:a. In a dwelling unit or common area, paint is present on a floor and the painted surface is not covered by an intact lead-free topcoat or by a durable material or carpeting that protects the paint from abrasion.b. In a dwelling unit or common area, paint is present under an intact lead-free topcoat of the traffic area of a stair tread and the painted surface is not covered by a durable material or carpeting that protects the paint from abrasion.c. Paint is present on a drawer of a built-in cabinet, malfunctioning door, or on any other interior friction surface not otherwise described and the painted friction surface is not covered by a durable material that protects the paint from abrasion.4. `Three years.' The presence of any of the following conditions shall result in a certificate of lead-safe status being issued for no more than 3 years unless the paint is proven to be lead-free: a. Paint is present on an exterior sill, interior sill or stool, casing, head, jamb, glazing, caulk, putty or any other component of a window that is not an impact or friction surface under subd. 1.b. Paint is present and exposed on any exterior horizontal surface or any of the following exterior components: floor, porch, stair system.c. Other than paint on a window well or trough under subd. 1., paint is present and exposed to damage by the impact of another component striking the painted component, such as a door striking a baseboard or chair rail.d. Paint is present on an interior or exterior door.e. A component shows evidence of mold, mildew, moisture or water damage where paint is present, but no evidence of an active leak.f. In a dwelling unit or common area, paint is present under an intact lead-free topcoat of a floor and the painted surface is not covered by a durable material or carpeting that protects the paint from abrasion.g. In an enclosed area that is locked and secured against access by occupants other than the property owner or the property owner's family, agent or employee, paint is present on a floor or the traffic area of a stair tread and the painted surface is not covered by a lead-free topcoat or by a durable material or carpeting that protects the paint from abrasion.5. `Five years.' Unless the paint is proven to be lead-free, the presence of paint on an exterior component not described under subds. 1. to 3., 5. or 6., such as siding, porch ceiling, gutter, downspout, soffit or facia, shall result in a certificate of lead-safe status being issued for no more than 5 years.6. `Ten years.' Unless the paint is proven to be lead-free, the presence of paint on an interior component that is not described under subds. 1. to 3., 5. or 6., such as a wall, ceiling or painted floor covered by wall-to-wall carpeting, shall result in a certificate of lead-safe status being issued for no more than 10 years. 7. `Twenty years.' A certificate of lead-safe status shall be issued for no more than 20 years when all paint that has not been proven to be lead-free has been fully enclosed with durable material that does not allow dust or debris from the paint to escape into the environment.(f)Fees.1. In addition to fees charged by the lead company for the lead-safe investigation and laboratory analysis, the property owner shall pay a lead-safe certificate fee of $25 to the lead company issuing a lead-safe 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-safe report using an approved alternative under par. (b) shall pay a $25 handling fee.3. If a property owner requests the department to issue a duplicate or an amended certificate of lead-safe status, the property owner shall submit a fee of $25, payable to the department of health services.(3) CONDITIONS FOR MAINTAINING A CERTIFICATE OF LEAD-SAFE STATUS.(a)Requirement to comply. The property owner shall comply with all of the conditions for maintaining a certificate of lead-safe status under pars. (b) to (h). Note: A quantity of dust-lead small enough to cover a finger tip is sufficient to cause a child to have a lead exposure. Even a blood level of 10 micrograms per deciliter of blood might decrease a child's reading ability by 10%. Dust-lead is created when lead-based paint deteriorates due to the effects of water or moisture or due to age, which might be evidenced by flaking, chipping, peeling, chalking, alligatoring or other cracking. Dust-lead is also created when lead-based paint is subject to friction, impact, or other disturbance, such as by activities involving sanding, scraping, sawing, planing, cutting, burning, and heating to high temperatures.
(b)Distribute materials to occupants.1. `Applicability.' This requirement applies to a property owner when a registered lead-safe property includes a dwelling unit or premises that is occupied by someone other than the property owner or the property owner's immediate family.2. `Requirement for distribution of materials.'a. For tenancy of a dwelling unit under a rental agreement, the property owner shall ensure that a lead-safe information pamphlet under subd. 3. and a form under subd. 4. is delivered by personal, postal or delivery service to an adult occupant or other responsible occupant entering into a tenancy under a rental agreement.b. For tenancy of a dwelling unit in the absence of a rental agreement, the property owner shall ensure that a lead-safe information pamphlet under subd. 3. and a form under subd. 4. is delivered by personal, postal or delivery service to an occupant age 16 years or older when the occupant holds possession of the dwelling unit for a period of 30 consecutive days or more with the knowledge and consent of the owner and materials have not been distributed to other occupants of the dwelling unit within the previous 12 months.c. For a child-occupied facility, the property owner shall ensure that a registered lead-safe property poster obtained from the department is posted where it is visible to persons responsible for children occupying the child-occupied facility.d. For a premises that is not a dwelling unit or a child-occupied facility, the property owner shall ensure that a registered lead-safe property poster obtained from the department is posted where it is visible to persons occupying the premises.3. `Lead-safe information pamphlet.' The lead-safe information pamphlet shall be obtained from or approved by the department.4. `Form for reporting deteriorated paint and other potential lead-based paint hazards.' The form for reporting deteriorated paint, failure of an enclosure, encapsulation or covering, and any other potential lead-based paint hazards shall be obtained from the department or may be another form that shall include a request for all of the following information:a. The name and contact information for the person submitting the form.b. The location and a brief description of the deteriorated paint, failure of an enclosure, encapsulation or covering, or other potential lead-based paint hazard.c. The date the form is delivered to the property owner or the property owner's agent or employee.d. Optional disclosure of the presence of a child under age 6.5. `Timing for distribution of required materials after issuance of a certificate.' The property owner shall ensure that distribution of materials under subds. 3. and 4. is completed within 60 days after issuance of a certificate of lead-safe status. Note: The lead-safe information pamphlet, registered lead-safe property poster, and the form for reporting deteriorated paint and potential lead-based paint hazards are available on the department website at http://dhs.wi.gov/lead. To request a form by mail, 608-261-6876or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445.
6. `Timing for distribution at start of tenancy.' The property owner shall ensure that distribution of materials under subds. 3. and 4. is completed as follows: a. For tenancy of a dwelling unit under a rental agreement, prior to the start of tenancy, entering into a rental agreement or accepting earnest money or a security deposit, whichever is later.b. For tenancy of a dwelling unit in the absence of a rental agreement, prior to the start of tenancy by an occupant age 16 years or older who holds possession for a period of 30 consecutive days or more with the knowledge and consent of the owner and materials have not been distributed to other occupants of the dwelling unit within the previous 12 months. Note: For rental housing, the required materials may be distributed together with disclosure materials required under HUD regulations under 24 CFR Part 35, Subpart H and EPA regulations under 40 CFR Part 745 Subpart F.
7. `Timing for distribution on an ongoing basis.' When a certificate of lead-safe status is issued for 3 years or more, the property owner shall ensure that materials under subds. 3. and 4. be distributed no later than every 13 months as long as the tenancy continues unless the property owner chooses to post a lead-safe information pamphlet in each dwelling unit covered by the certificate of lead-safe status.(c)Conduct visual inspection. When a certificate of lead-safe status is issued for 3 years or more, the property owner shall ensure that the registered lead-safe property has a visual inspection conducted as follows: 1. The visual inspection shall be completed no later than every 13 months.2. During the visual inspection, the registered lead-safe property shall be examined visually for the presence of deteriorated paint that is not proven to be lead-free, failure of an enclosure, encapsulant or covering, and the presence of other potential lead-based paint hazards using documented methodologies. Components that previously were determined to be free of lead-based paint in accordance with procedures under s. DHS 163.40(2) (c) may be excluded from the visual inspection.3. The results of the visual inspection shall be recorded on a visual inspection form obtained from or approved by the department. The form shall include all of the following: a. The date of the visual inspection.b. The name and contact telephone number of the person who conducted the visual inspection.c. The result of the visual inspection.4. The visual inspection form shall be maintained under par. (h) and, when requested, shall be submitted to the department within 10 working days.5. Any deteriorated paint that is not proven to be lead-free and any failing enclosure, encapsulation or covering shall be repaired and any lead-based paint hazard removed according to the timeframe under par. (d).(d)Remove lead-based paint hazards.1. Subject to the provisions under subds. 2. to 6., the property owner or the property owner's agent or employee shall ensure that any failing enclosure, encapsulation or covering, or untested deteriorated paint, and any other potential lead-based paint hazard is repaired or removed within 20 working days of gaining knowledge of the potential lead-based paint hazard from any source, including a visual inspection under par. (e), a report by an adult or responsible occupant or the parent or guardian of an occupant who is under age 6 years, or a notice from a federal, state, or local governmental agency.2. If the property owner or the property owner's employee or agent knows or has reason to know that a child under the age of 6 occupies a unit where an interior lead-based paint hazard is located, the property owner or the property owner's employee or agent shall ensure that measures are taken within 5 working days to protect the child from lead exposure. These measures may be temporary, such as temporarily covering deteriorated paint with duct tape or preventing access to the area, provided the repair or removal is completed within 20 working days.3. If an exterior lead-based paint hazard is identified between October 1 and May 1, it shall be removed by June 1.4. The failing enclosure, encapsulation or covering, untested deteriorated paint, or any other potential lead-based paint hazard shall be repaired or removed at an earlier date if the department or another governmental agency orders earlier action.5. Repair or removal of a failing enclosure, encapsulation or covering, untested deteriorated paint, or any other potential lead-based paint hazard is not required when both of the following conditions apply:a. An individual certified in a lead investigation discipline uses documented methodologies to determine that neither a dust-lead hazard nor lead-based paint is present.b. All reports and data related to the determination are maintained under par. (h).6. When exceptional circumstances prevent the timely repair or removal of a failing enclosure, encapsulation or covering, untested deteriorated paint, or any other potential lead-based paint hazard, the property owner or the property owner's employee or agent may ask the department to grant an extension as follows: a. The property owner or the property owner's agent or employee shall submit a written request for an extension for receipt by the department before the applicable timeframe under subds. 1. to 3. b. The request shall identify the registered lead-safe property by certificate registration number and shall clearly explain why an extension is necessary.c. A processing fee of $25 shall be submitted to the department with each request for an extension.d. Within 10 working days after receiving a request for an extension and the processing fee, the department shall grant or deny the request based on all facts available to the department.e. An extension may be granted by the department if the extension does not present a serious and immediate threat to a child under age 6 years. Each extension shall be unique to the particular situation for which the extension is granted and may not exceed 40 working days per extension.f. Any extension denied by the department may be appealed under s. DHS 163.33. Note: Submit any extension request to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445, or by email to dhsasbestoslead@wi.gov.
(e)Ensure appropriate certification.1. When a property owner requests or allows an abatement or lead investigation activity to be conducted, the property owner shall ensure that persons conducting the abatement or lead investigation activity are appropriately certified under s. DHS 163.10 and are affiliated with a certified company under s. DHS 163.12.2. When a property owner requests or allows an interim control or renovation activity to be conducted, the property owner shall inform persons conducting the activity that the activity involves registered lead-safe property and shall ensure that persons conducting the activity are appropriately certified under s. DHS 163.10 and are affiliated with a certified company under s. DHS 163.12.3. When a lead investigation, abatement, interim control or renovation activity is conducted by a property owner or the property owner's agent or employee, the property owner shall ensure compliance with certification and work practice requirements under this chapter.(f)Follow work practice standards. When a property owner requests or allows an interim control or renovation activity to be conducted, the property owner shall inform persons conducting the activity that they are required to comply with lead-safe renovation certification requirements under s. DHS 163.10(1) and the work practices under s. DHS 163.14(11).(g)Conduct clearance. When a property owner requests or allows an interim control or renovation activity to be conducted, the property owner shall ensure that clearance under s. DHS 163.14(5) is conducted.(h)Maintain documentation. A property owner shall ensure that the following documentation is maintained for a minimum of one year after expiration of the certificate of lead-safe status that was in effect when the documented activity was conducted: 1. Reports, data and notices issued or obtained under requirements of this chapter and related to a registered lead-safe property, including lead-safe investigation reports, abatement notices, abatement reports, and clearance reports.2. Visual inspection reports and occupant reports of potential lead-based paint hazards, with a notation as to the date received, when applicable, and the date the potential lead-based paint hazard was removed under par. (c) and by whom. Note: Under federal disclosure requirements under 24 CFR Part 35 and 40 CFR Part 745, the seller or lessor of residential property must disclose the existence of any available records or reports pertaining to lead-based paint and lead-based paint hazards and provide the purchaser or lessee with any of these records or reports that are available to the seller or lessor.
(4) APPLICATIONS FOR CERTIFICATES OF LESS THAN 12 MONTHS. Unless exempted by statute, a person may only apply for certificates of lead-safe status of less than 12 months for the identical premises as follows:(a) A person may apply for no more than 2 successive certificates of lead-safe status that have a duration of less than 12 months and, if again applying for a certificate of lead-safe status, shall apply for a certificate that has a duration of 12 months or more.(b) A person under par. (a) shall, if applying for a certificate of lead-safe status that is in addition to the certificates specified in par. (a) and that has a duration of less than 12 months, provide the department with the reason why a certificate of less than 12 months' duration is needed.(c) A person under pars. (a) and (b) shall, if applying for a certificate of lead-safe status that is in addition to the certificates specified in pars. (a) and (b) and that has a duration of less than 12 months, provide the department with clear and convincing evidence of why a certificate of less than 12 months' duration is needed. (5) 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-safe status for any of the following reasons: (a) The property owner or property owner's employee or agent obtained the certificate by fraud.(b) The dwelling, dwelling unit, child-occupied facility or other premises is not free of lead-based paint hazards, as determined by sampling conducted using documented methodologies.(c) The certificate was issued in error.(d) The property owner or property owner's employee or agent violated a condition under sub. (3) for maintaining the certificate of lead-safe status.(e) The property owner or property owner's employee or agent created a lead-based paint hazard.(f) The property owner or property owner's employee or agent violated another state, local or federal statute, ordinance, rule or regulation relating to lead-based paint at the registered lead-safe property.(g) The lead-safe investigation does not support that the property meets the registered lead-safe property standards under sub. (1) because the lead-safe investigation protocol under sub. (2) was not followed in determining that the property met the registered lead-safe property standards and a subsequent lead-safe investigation did not verify that the property met the lead-safe standards. Wis. Admin. Code Department of Health Services DHS 163.42
CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; correction in (1) (g) 3. made under s. 13.92(4) (b) 7, Stats., Register January 2009 No. 637; EmR0928: emerg. r. eff. 10-16-09; CR 09-085: r. Register March 2010 No. 651, eff. 4-1-10.Amended by, CR 19-110: am. (1) (a) to (c), r. and recr. (1) (d), (e), am. (1) (f) to (h), (2) (a) 2. e., (3) (d) 1., 4., 5. (intro.), a., 6., r. (3) (e) 4., am. (3) (f) 1., r. (3) (f) 3., (g) 2. Register June 2021 No. 786, eff. 7-1-21; (3) (f) 1., (g) 1. renumbered to (3) (f), (g) under s. 13.92(4) (b) 1, Stats., Register June 2021 No. 786, eff. 7/1/2021When a property owner is notified of a problem with a lead-safe investigation, the property owner may hire a certified lead company to conduct a new lead-safe investigation to verify that the property was, in fact, eligible for the lead-safe certificate. If the property owner submits the investigation report for the new lead-safe investigation to the department, the department will review the report and stop the revocation action if the new lead-safe investigation verifies the property meets the standards.