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.

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 HFS 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.