Wisconsin-Recognized Lead Test Kit
Many renovation, repair and painting activities disturb painted surfaces and
can create lead dust exposure hazards. When undertaking this type of work in a
home or child-occupied facility built before 1978 the renovator must either
assume the painted surfaces to be disturbed contain lead-based paint or
accurately identify the presence or absence of lead-based paint.
A lead-safe renovator may use a recognized test kit to test for the presence of
lead in paint only if requested to do so by the property owner. Paint chip
sampling and paint testing using an XRF analyzer may only be performed by
certified lead risk assessors or inspectors.
Wisconsin-Recognized Lead Test Kit - as of June 27, 2012
Under Wis. Administrative Code DHS 163.02 (2), Approved Alternative to an Administrative
Requirement, the Wisconsin Department of Health Services recognizes that the 3M™
LeadCheck™ test kit
complies with the negative response criteria of the
lead-safe renovation rule. The Department has determined that recognition under
the negative response criteria alone is as protective of human health and the
environment as the original requirement (DHS 163.16) to meet both the
negative and positive response criteria.
Using the 3M™ LeadCheck™
- Only a certified lead-safe renovator may use a recognized
lead test kit.
- Paint testing may only be performed at the request of the property owner or
person contracting for services.
- The 3M™ LeadCheck™ is limited to use on paint or other coatings on wood,
ferrous metal (alloys that contain iron), drywall or plaster substrates.
Note: The Wisconsin standard for lead-based paint is a lead content in paint or
other coating that is more than 0.7 milligrams per square centimeter (mg/cm2) or
more than 0.06% lead by weight.
- The certified lead-safe renovator must follow the manufacturer's instructions
for using the 3M™ LeadCheck™.
Note: For use on PLASTER AND DRYWALL, users of 3M™ LeadCheck™ should
download updated instructions for using the test kit on plaster and drywall
The updated procedure for testing plaster and drywall is slightly
different than the procedure used previously. 3M™ LeadCheck™ test kits
shipped to retail outlets after April 1, 2012, will contain the updated
instructions. Kits purchased prior to April 1, 2012, or that contain the older
instructions can still be used but the user must follow the updated instructions
when testing plaster and drywall.
- Each distinct component and surface to be disturbed must be tested with a
separate and unused lead check swab.
Examples: A single window system may require the use of 10 or more swabs to test
all components of the window, including interior sill, apron, window well,
exterior sill, interior sash and muntins, exterior sash and muntins, interior
window casing, window jamb, interior stop, exterior stop, and exterior framing.
In a room, each wall is considered a separate surface. A wall split by a chair
rail requires one lead check swab for the area below the chair rail and a
separate swab to test above the chair rail. Chair rails, baseboards and crown
moldings on each wall need to be tested separately.
- Test only the components that will be disturbed during the renovation
- Maintain a record of the manufacturer and model of each test kit used,
verification that the test kit is recognized by the department, a description of
each component tested, including the specific location, and the result for each
location and test kit used.
- Provide the written lead test kit report to the person contracting for the
work within 10 days of completing the renovation activities.
For information about the studies used to determine recognition of this test
kit, obtain the National Institute of Standards and Technology (NIST) test kit
laboratory evaluation report (Exit DHS).
Also obtain the 3M™ LeadCheck™
evaluation report (Exit DHS).
Certified renovators can purchase 3M™ LeadCheck™ test kits from many
hardware stores, home improvement stores, lead-safe renovation training
providers, or from 3M™ LeadCheck™ directly at 800-494-3552 or use
their internet form (Exit DHS).
Wisconsin Regulations for Lead Test Kit Use
Wis. Administrative Code DHS 163 describes the criteria lead test
kits must meet to be recognized and the conditions for their use in detecting
regulated levels of lead in paint prior to starting a renovation activity.
DHS 163.14 (11) (p). Use of paint test kits. When requested by the party
contracting for renovation services, the certified renovator may use only a
department-recognized paint test kit to determine whether components and
surfaces to be affected by the renovation activities contain lead-based paint.
The certified renovator shall test each distinct component and surface to be
affected, follow the manufacturer's instructions for use of the paint test kit,
and document and maintain the records required under s. DHS 163.13 (3) (c) 10.
DHS 163.13 (3) (c) 10. If a recognized test kit is used, the company shall
maintain records of, and, within 10 working days of completing renovation
activities, provide identifying information to, the person who contracted for
the work as to the manufacturer and model of each test kit used, verification
that the test kit is recognized by the department, a description of the
components tested, including their specific locations, and the result for each
location and test kit used.
DHS 163.16. Recognized paint test kits for renovation.
(1) EPA VERIFICATION PROGRAM. The department recognizes paint test kits that have
been tested and determined by the EPA Environmental Technology Verification
Program, or other equivalent EPA approved testing program, to meet the response
criteria described in this section.
(2) RESPONSE CRITERIA. A recognized test kit shall meet or exceed both the negative
response criteria and the positive response criteria, as follows:
(a) Negative Response Criteria. For paint containing lead at or above the regulated
level, 0.7 milligrams per square centimeter or .06% by weight, a demonstrated
probability, with 95% confidence, of a negative response less than or equal to
5% of the time.
(b) Positive Response Criteria. For paint containing lead below the regulated level,
0.7 milligrams per square centimeter or .06% by weight, a demonstrated
probability, with 95% confidence, of a positive response less than or equal to
10% of the time.
(3) If a test kit meets the response criteria under subs. (2) the department will
issue a notice of recognition to the kit manufacturer and post the information
on the department's website.
DHS 163.02 (2). Approved Alternative to an Administrative Requirement.
The department may approve an alternative to any administrative requirement in
this chapter that is not a statutory requirement when the department is provided
with satisfactory written proof that the alternative is as protective of human
health and the environment as the original requirement. A request for approval
of an alternative shall be in writing, shall be sent to the department and shall
include justification for the alternative. The department shall approve or deny
the alternative or request additional information within 20 working days of
receipt of the request for approval. If granted, the department shall send the
applicant a written notice of approval that may include limits on the approval.
[Bolding added for emphasis.]