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Asbestos Home

Living in Registered Lead-Safe Property

This is important information for persons living in a rental dwelling unit of lead-safe property listed in the Wisconsin Lead-Free/Lead-Safe Registry. Questions you may have are answered below.

What does it mean if a property is registered as lead-safe?

What are lead-based paint hazards?

How can you help keep your family lead-safe?

What must the property owner do to keep a lead-safe certificate valid?

How long is a lead-safe certificate valid?

What is lead-safe work?

Can a person be lead poisoned in registered lead-safe property?

Where can a copy of the lead-safe certificate or the Lead-Free/ Lead-Safe Registry be found?

"What does it mean if a property is registered as lead-safe?" Lead-safe means no lead-based paint hazards were found during a lead-safe investigation of the property. The property could include all dwelling units or a single dwelling unit, depending on the description of the building listed in the Lead-Free/Lead-Safe Registry and on the lead-safe certificate. The registered lead-safe property also includes areas associated with the building that tenants enter, such as a laundry room, stairway, hall, porch, playground or garage.

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"What are lead-based paint hazards?">

Lead-based paint hazards include the dust and debris created when paint, varnish or other coatings containing lead breakdown (fail), or are damaged or disturbed by daily living or by maintenance work. A lead-based paint hazard can cause lead poisoning.
Failing paint includes cracking, chipping, chalking, peeling and flaking paint. It does not include small nail holes, hairline cracks or small nicks or scratches where paint is not loose.

Daily living activities that might damage paint, varnish or other coatings include opening and closing windows and drawers or walking on floors and stairs, which can scuff or scrape paint. Paint can also be damaged when hit by a hard object, such as a door striking a wall or a toy truck that is run into a baseboard.

Paint can be disturbed by maintenance work that involves cutting, drilling, sanding, sawing and scraping.

Bare soil can also be a lead-based paint hazard. However, soil was not tested during the lead-safe investigation and found lead-safe unless the box on the lead-safe certificate is checked to indicate: “Bare soil associated with this property was sampled and found to contain less than 2,000 parts per million.”

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"How can you help keep your family lead-safe?">

  • Read and use the booklet Protect Your Family From Lead in Your Home, available in English (PDF, 673KB), Spanish (PDF, 648KB), Vietnamese (PDF, 936KB), which federal law requires landlords to give tenants when a rental agreement is made. The booklet tells about lead hazards and how to protect your family. Call 1-800-424-5323 to request a free copy or other lead information from the National Lead Information Center.

  • Report possible lead-based paint hazards to property management and allow workers reasonable entry to repair hazards. Use the form provided by property management. Keep a record. Report all of the following:
    - Failing or damaged paint.
    - Water, moisture, mold, or mildew, which can cause paint to fail.
    - Damage to protective coverings that prevent the release of failing lead-based paint, such as siding, paneling and carpeting.
  • When work on registered lead-safe property disturbs paint that has not been proven to be lead-free, keep in mind all of the following:
    - Work only with the permission of the property owner.
    - Keep family and pets out of the work area until it is cleaned up.
    - Work lead-safe, using wet methods.
    - You and anyone hired or allowed to do work must complete at least 8 hours of training and obtain a certification card from the Asbestos and Lead Unit before disturbing more than 2 square feet of paint and before pressure washing or machine sanding, grinding or planing paint.
  • Allow property management and health department staff to periodically check your apartment to determine if it is still lead-safe.

  • Contact health department staff if the property is not kept lead-safe. If a property owner does not keep a registered lead-safe property lead-safe, and a person living or visiting the property is lead poisoned, the immunity protection in Wisconsin law could make it difficult to hold the property owner responsible if you did not promptly report possible lead-based paint hazards.

Contact the Asbestos and Lead Unit, Wisconsin Division of Public Health, by email at plicasbestoslead@DHS.state.wi.us, by telephone at (608)261-6876, or using one of the following addresses: 

By U.S. Postal Service:
Asbestos and Lead Unit, Room 137
PO Box 2659
Madison, WI 53701-2659

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By Delivery Service or in Person:
Asbestos and Lead Unit
Room 137, 1 West Wilson Street
Madison, WI 53702

What must the property owner do to keep a lead-safe certificate valid?

Wisconsin law gives the owner of registered lead-safe property and the owner’s employees and agents conditional immunity from civil and criminal liability if a person living or visiting the property becomes lead poisoned from lead-based paint hazards. To keep a lead-safe certificate valid, the property owner is responsible for completing duties described in Wisconsin law (s. HFS 163.42(3), Wis. Admin. Code) including:

  • Deliver this lead information pamphlet to an adult occupant or responsible occupant of each apartment.

  • Also deliver a form for tenants to use to report possible lead-based paint hazards, such as failing or damaged paint, to property management.

  • Annually check registered lead-safe property, including dwelling units, for lead-based paint hazards, such as failing or damaged paint.

  • Repair a lead-based paint hazard within 20 working days of gaining knowledge of the potential lead-based paint hazard, except that:
    - For a lead-based paint hazard in a dwelling unit occupied by a child under 6 years of age, steps must be taken to protect the child from the hazard within 5 working days. These steps may be temporary, such as covering peeling paint with duct tape or keeping people out of the area, as long as the repair is completed within 20 working days;
    - For an exterior lead-based paint hazard found between October 1 and May 1, repairs must be completed by June 1; and
    - For work that cannot be completed on time, work must be completed by the date set by the Asbestos and Lead Unit if a request for more time is approved.

  • Make sure anyone the owner allows to identify, enclose, encapsulate, remove or disturb potential lead-based paint is appropriately certified when required by Wisconsin law. (Ch. HFS 163, Wis. Admin. Code)

  • Make sure anyone the owner allows to disturb potential lead-based paint works lead-safe. Lead-safe work is required even for wiring and plumbing work and when less than 2 square feet of paint is disturbed.

  • Have clearance done after abatement and after disturbing more than two square feet of potential lead-based paint. During clearance, a certified lead investigation professional determines if the property has been cleaned to a lead-safe standard.

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How long is a lead-safe certificate valid?

A lead-safe certificate can be valid for 9 months or 1, 3, 5, 10 or 20 years. The length of a lead-safe certificate depends on how quickly dust-lead hazards might return or paint might be expected to fail. For example, weather and friction cause paint to fail quickly, so a certificate is no longer than 3 years when lead-based paint is found on windows. On the other hand, a property with all exterior paint completely enclosed might have a 10-year lead-safe certificate. When all paint is lead-free, a lead-free certificate may be issued with no expiration.

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What is lead-safe work?

Lead-safe work keeps dust and paint chips from spreading outside the work area. It includes moving personal property or protecting it with plastic, thoroughly cleaning the area after work is done (nightly when work takes more than 1 day), and using wet methods, especially when sanding or scraping paint. It is not lead-safe to use a regular vacuum or dry sweep dust-lead. Lead-safe work is taught in a special 8-hour class. Certified lead abatement companies and lead-safe companies must work lead-safe.

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Can a person be lead poisoned in registered lead-safe property?

Yes, there might be other sources of lead poisoning that are not covered by a lead-safe investigation. Some sources of lead poisoning are described in the booklet Protect Your Family From Lead in Your Home, available in English (PDF, 673KB), Spanish (PDF, 648KB), Vietnamese (PDF, 936KB). Other sources of lead poisoning include:

  • Dust in work clothes and furniture, or under wall-to-wall carpeting.

  • Brass and pewter toys, jewelry and keys.

  • Food and drink imported in cans with lead seams.

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Where can a copy of the lead-safe certificate or the Lead-Free/Lead-Safe Registry be found?

A copy of the lead-safe certificate may be obtained from the property owner or manager. The Lead-Free/Lead-Safe Registry can be found on the Internet at: DHS.wisconsin.gov/waldo.

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Last Revised: January 10, 2013