Lead Contractor Corner
Lead Related Regulations
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Administrative Rule DHS
163*, Certification for
the Identification, Removal, and Reduction of Lead-Based Paint
(Exit DHS - Wisconsin State Legislature; PDF,
374 KB) created in 1999 as an amendment to Ch 254
In addition to the Federal Disclosure
requirements, this act specifies the disclosure of lead in real estate
for sale in Wisconsin (709.03).
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Wisconsin State Legislature - Created in 1999 as an amendment to Ch 254
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Appendix
A, Obtaining Applicable Federal,
State and Local Government Requirements
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Appendix
B, HUD Guidelines for Evaluation and
Control of Lead-Based Paint Hazards in Housing
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Appendix
C, Cleaning When Lead-Based Paint
has Been Disturbed
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Appendix
D, Paint Removal: Commercial and
Residential
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Appendix
E, Random Selection Table for Lead
Hazard Screens, Lead-Safe Investigations, Risk Assessments, and
Clearance Only
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Appendix
F, Random Selection Table for Lead
Inspections and Lead-Free Inspections Only
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Appendix
G, Conducting a Visual Inspection
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Appendix
H, Protecting Occupants
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Appendix
I, Working Lead-Safe
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Administrative
Rule DHS
181, Reporting of Blood Lead Test Results
(Exit
DHS - Wisconsin State Legislature; PDF,
20 KB)
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Regulations Questions and Answers
| Q: |
Does
the state follow the federal guidelines? |
| A: |
For
the most part
Wisconsin
’s Lead Safe Renovation, Repair and Painting Rule follows the
federal regulation. Two major differences are in the definition
of lead paint and the basic certification requirements.
Wisconsin
defines lead-based paint at 0.06% lead by weight or 0.7 mg/cm2 while
the federal definition is 0.5% lead by weight and 1.0 mg/cm2. Since
there is currently not a lead test kit that can test to the Wisconsin
defined limits, any paint testing in the state needs to be done by a
certified lead inspector or risk assessor who uses an XRF analyzer to
test painted components on site or takes paint chip samples for
testing in a laboratory.
Both
EPA and
Wisconsin
require individual renovators and their companies to be certified, but
have somewhat different requirements beyond that. EPA considers
an individual renovator to be ‘certified’ upon receiving their
training certificate after completing the 1-day training class.
Firms (or companies) must apply to EPA for firm certification and
submit a $300 firm certification fee. EPA certifications
(individual and firm) are good for 5 years.
Wisconsin
requires BOTH individuals and their companies to become certified by
submitting applications to the Department of Health Services. Individual
Lead-Safe Renovator certification is $50 and Lead-Safe Company
certification is $75. Both are good for 2 years.
|
| Q: |
I
am going to be a renovation in an unoccupied home. I have not had
anything tested for lead yet, however it was built in 1948. Are lead
safe practices required in unoccupied homes? |
| A: |
The
RRP rule covers all homes pre-1978. There is not an exemption
for a home that is unoccupied. If you have any further questions
please feel free to let me know.
|
| Q: |
If
a public entity (village, City) would like it’s employee’s to be
able to renovate buildings where paint is found that may contain
lead at a public building or park structure, what requirements
apply? |
| A: |
The
RRP requirements apply to all pre-1978 residential structures or
child occupied facilities. Some of public buildings could be
considered child occupied if they meet the definition of child
occupied (see below), such as buildings for camp or summer school,
etc. If the facility being worked on meets the definition then
that facility or the portion occupied by children would fall under
the RRP rule and would then require the people doing the work to be
certified as lead safe renovators.
Please
be aware that old painted playsets have been found to contain lead
as well and that even if a child does not occupy the building under
the requirements of “child-occupied” children and adults
can be poisoned with only one exposure to lead dust.
As
per DHS 163.03 (13) Child occupied facilities are:
(13)
“Child−occupied facility” means a building or portion of a
building constructed prior to 1978, and including common areas,
that meets any of the following: (a)
A facility licensed or certified to provide day care services. (b)
A public or private school or preschool attended by a registered child
younger than 6 years of age, including a state−operated residential
treatment center. (c)
A building or portion of a building, visited by the same child
under 6 years of age, on at least 2 different days within any week,
Sunday through Saturday, provided that each day’s visit lasts
at least 3 hours and the combined annual visits last at least 60 hours.
|
| Q: |
One
of our gutter installers had a question and I am hopeful that you
can clear it up for us. If he is removing gutters with no lead from
a fascia board that tests positive, is he or is he not
"disturbing" enough to require L S W P? |
| A: |
If the gutters are
attached every few feet by nails or screws then the areas of
disturbance would likely be just the nail/screw holes and would not
add up to 20 sq. feet. However, if the gutters themselves are
painted, then they must be counted in the square footage
determination and would most likely meet the 20 sq. foot minimum for
the rule to kick in.
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Page - Lead-Safe WisconsinLast Revised:
February 06, 2013 |
