Operative Text
DHS 163.02 Scope. (1) Applicability. (a) This subchapter, subchs. II and IV apply to a person performing, supervising or offering to perform or supervise a renovation, lead hazard reduction activity or lead investigation activity involving target housing or a child-occupied facility or the real property on which the target housing or child-occupied facility stands. Persons conducting work regulated under this chapter are also required to conduct activities in a manner that does not increase the hazards from lead-based paint to building occupants. (b) This subchapter, subchs. III and IV apply to a training course that is offered, advertised, conducted or taught leading to, or intended to lead to, certification under this chapter, and to the training manager and instructors for the training course. (c) Subchapter V applies to real property for which a certificate of lead-free status or lead-safe status is sought or has been issued. (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.
Wisconsin Administrative Code § DHS 163.02 defines who and what falls under the state's lead-based paint regulatory framework. It covers anyone performing, supervising, or offering to perform renovations, lead hazard reduction, or lead investigations in target housing or child-occupied facilities, as well as training programs that lead to certification under the chapter and properties seeking lead-free or lead-safe status certificates. The provision also establishes a formal process by which the Wisconsin Department of Health Services may approve alternatives to administrative requirements when written proof shows the alternative is equally protective of human health and the environment.
Plain English — not legal advice.
Property owners and managers who hire or oversee contractors for renovation, lead hazard reduction, or lead investigation work in target housing or child-occupied facilities are directly subject to § DHS 163.02. Compliant operators generally ensure that all work is performed or supervised by appropriately certified individuals and that activities are conducted in a way that does not increase lead-based paint hazards for building occupants. Owners seeking a certificate of lead-free or lead-safe status for a property should be aware that Subchapter V, as scoped under § DHS 163.02(1)(c), governs that certification process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § DHS 163.02, tenants living in target housing or child-occupied facilities are among the people whose health this regulation is designed to protect, as covered persons must conduct work in a manner that does not increase lead-based paint hazards to building occupants. If a tenant believes that renovation or lead-related work in their home is being performed without proper certification or in a way that worsens lead hazards, they may file a complaint with the Wisconsin Department of Health Services, which administers this chapter. Tenant-rights organizations can also help residents understand how the scope provisions of § DHS 163.02 connect to their broader protections under Wisconsin's lead safety rules.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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