Lead-Safe Wisconsin: Regulatory Updates for Lead Investigators

Wisconsin Admin. Code ch. DHS 163 requires all certified lead investigators to report all lead investigations they’ve conducted to DHS on a quarterly basis.

In the past, the Department of Health Services (DHS) sent email reminders from an employee’s work email address to submit your summary as soon as each quarter ended. Now, these courtesy reminder emails are being sent as GovDelivery (GovD) emails and are coming from the Wisconsin Department of Health Services (widhs@public.govdelivery.com).

Do not reply to the GovD email as it does not go to an email box that is monitored. Be sure to follow the instructions provided in the email as to how to quarterly report.

We now hold quarterly Q&A sessions about lead investigations. We will answer your questions and share tips about this work.

All certified lead investigators will receive an email inviting them to join the session approximately two weeks prior to the session.

To make sure you receive the invitation, verify that your email address on file is current.

Unable to attend the live Q&A session? View past sessions

We recommend having separate scopes of work for interior and exterior lead work when possible. This will allow clearance to be conducted separately for interior or exterior.

Having separate scopes of work for the interior and exterior will allow for clearance examiners to easily determine that all work has been completed and allow for the residents to return to the dwelling after the interior has passed clearance and exterior work remains.

It is important to note that additional interior clearances may be required if work "breaking the envelope of the house" is not conducted with the first stage of work.

What should I do if I am attempting a clearance examination and realize the work was not completed as determined by the scope of work?

Since the work was not completed to the scope of work, stop the clearance examination as it failed the visual inspection. Do not collect dust wipe samples. Determine if there were changes to work orders that were not provided to you.

If the work was not completed to the scope of work and the residents need to be back in the dwelling before the work can be completed (for example, long material delays or changes in abatement contractor doing the work), you can seek an Approved Alternative to an Administrative Requirement (Wis. Admin. Code ch. 163.02(2)) prior to conducting a clearance for habitation before the completion of the project.

While DHS has 20 days to process the request, we do understand the urgency to get a family back in their home and would try to approve an alternative that is as protective as the rule as soon as possible. This can be submitted by the risk assessor or the client by an email to DHSAsbestosLead@dhs.wisconsin.gov.

Requests for approval of an alternative to a requirement must be in writing and explain:

• The part of the rule you are seeking an alternative to.
• The reason for the request.
• The steps that will be taken to protect human health (the alternative must be as protective as the part of the rule).
• That clearance will be conducted, and must pass, after both stages of the project for the residents to return after each stage.

When snow prohibits the visual inspection of the exterior clearance, it is acceptable to postpone this step without prior approval from the Department of Health Services (DHS). You must:

• Verify all work is complete.
• Inspect areas not covered by snow (for example, clearance of interior work) to verify that no dust, debris, or residue is present.
• Note in your clearance report that you did not complete the visual inspection of the exterior due to snow cover.

• Return to conduct the exterior clearance as soon as the ground is free of snow.

See BEOH Memo 2024-02: Conducting Clearance in Stages Due to Snow Cover (PDF) for more information.

The Environmental Protection Agency (EPA) published a rule change to dust lead standards in pre-1978 dwellings and child-occupied facilities. Read the EPA fact sheet describing the final rule for more information.

Standards and terminology changes

The final rule introduces new standards and terminology for lead-dust standards in risk assessments and clearances.

• Dust-lead reportable levels (previously known as dust-lead hazard standards) changed to any reportable level.
• Dust-lead action levels (previously known as dust-lead clearance levels) changed from:
  • 10 micrograms per square foot (µg/ft²) to 5 µg/ft² for floors
  • 100 µg/ft² to 40 µg/ft² for windowsills
  • 400 µg/ft² to 100 µg/ft² for window troughs

EPA standards will be in effect in Wisconsin

Since the EPA standards are more stringent than the current Wis. Admin. Code ch. DHS 163, all lead investigators will need to comply with the EPA standard by January 13, 2025.

EPA is hosting a public webinar

The EPA is hosting a public webinar about the final rule on Thursday, December 5, 2024, from 1–3 p.m. CST to go over the changes. Register for the webinar to learn more about the upcoming changes.

Add the newest risk assessment information below the original information.

For example, below the original risk assessment’s date and time, add “Updated Report [date], [time].” Repeat the same steps to add the name and certification information for each person conducting the new risk assessment.

At the end of this section, include a statement explaining the reason the report is being amended or the risk assessment updated.

For example, “On [date], a new assessment of this property was conducted to meet the funding requirements of [name of program]. The program requires enrolled properties to have a risk assessment conducted within the past year.”

At the end of this section, include a statement, “On [date], a new visual assessment was conducted of the entire property. Information and sample results from the original risk assessment were reviewed during the new risk assessment. All new sample results and findings are listed below.”

Tell the reader how to know if it is a new sample result and finding (for example, new results are in a different color or found in the tables identified by date).

At the end of this section, include a statement such as “On [date], all areas previously inaccessible were still not able to be assessed” or “On [date], previously inaccessible areas [list areas] were able to be assessed.”

Be sure to review the original questionnaire with the occupants as information may have changed.

Note in the report the questionnaire was reviewed and updated during the current risk assessment.

Be sure to update this section if it is found that the owner did new maintenance or made repairs but did not hire a contractor to do all of the ordered work.

Indicate what was done and whether the repair is adequate.

Be sure to note the date of the visual assessment that identified new potential hazards.

For example, "On [date] a visual survey of the property and structure was conducted, and new potential lead hazards were identified" or "On [date] a visual survey of the property and structure was conducted, and no new potential lead hazards were identified.”

Also note any hazards that have been corrected since the last risk assessment.

If building conditions have changed, note it in the comment box. Be sure to note the date of the change (for example, correct by [date] or new condition as of [date]).

Insert new tables under the original tables showing the new date and results of the sample analysis.

Be sure to include the following statement at the end of the original section, “On [date] a [name and model of the XRF instrument] serial number [xxx] was used to test deteriorated surfaces.”

Insert new XRF calibration readings with the date of the new readings under the previous calibration check readings.

Insert new XRF tables with the new date under the previous results for each location. Reminder: Do not modify or delete any of the previous results or location notes.

If any hazards originally listed have been corrected, make a comment indicating that it has been corrected.

If new hazards are identified, list them under the appropriate location heading by adding the date of the new assessment at the end of the original list and then add the new hazards.

Revise the hazard control options based on current findings and program requirements.

Depending on the template, this may be on the cover page: Attach a new statement after the original signature(s) that states: “This report has been produced in accordance with accepted guidelines. New measurements within this updated report are accurate to the best of my knowledge and reflect conditions at the time of the assessment.”

Provide signature a line for each certified person that conducted the new assessment to sign and date.

• Performance Characteristics Sheet (PCS): Remember to include the PCS for each XRF used during the risk assessments.
• Floor plan: Be sure to update the floor plans with new sample locations. Attach the new floor plans after the original floor plans.
• Laboratory results: Include all laboratory results. Attach the new lab results after the original.
• Photos: Clearly mark new photos with the date to avoid confusion with the original photos.