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Wisconsin Lead Rule and Floor Sanding in Older Homes

If your Madison home was built before 1978, paid sanding that disturbs paint has to follow a state rule, and here is what the state says, in plain words.

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What the rule covers

Wisconsin Department of Health Services (DHS) says its lead renovation rule, Wis. Admin. Code ch. DHS 163, applies to work done for pay that disturbs paint in homes and child care centers built before 1978. DHS says sanding counts as a paint-disturbing activity, and a vacant home is not an exception (Wisconsin DHS FAQ).

The rule does not apply to an owner working on their own owner-occupied home, but it does apply once a contractor is hired (Wisconsin Realtors Association).

Floors are not always the problem. Many floors are only varnished. But porches, stair parts, painted floors, baseboards and doors can carry old lead paint. Tell us what is painted so we can plan.

What the state asks of contractors

  • Work must be assigned to a certified lead-safe renovator who is reachable by phone and within about 30 minutes (DHS)
  • Companies offering renovation must be certified lead companies (DHS)
  • A 2021 rule revision added pre-cleaning before containment (DHS)
  • Violations can cost up to $5,000 per violation per day (DHS brochure)
Scuffed old wood floor boards

What to ask any contractor

  1. Is your firm certified? Ask for the certification card. The DHS brochure suggests asking to see the blue certification card (DHS).
  2. Who is the renovator on my job? Get a name and a phone number.
  3. How will you contain the work? Ask about barriers and cleaning.
  4. What will you clean with? Ask about vacuum type and wipe-down steps.
  5. Is dustless sanding part of it? It helps with dust, but see the dustless page for its limits.

Questions about the state rule? DHS lists its Lead and Asbestos Section at 608-261-6876 (DHS FAQ).

Pre-sanding checklist for homes built before 1978

Tick each item as you confirm it with your contractor, and the count updates as you go; nothing is saved or sent anywhere.

This list summarizes what the state brochure and FAQ say, and it is not legal advice; Wisconsin DHS lists its Lead and Asbestos Section at 608-261-6876 for questions.

Madison houses and the 1978 line

Many Madison neighborhoods have homes older than 1978, from bungalows in Marquette to craftsman homes in Dudgeon-Monroe (Historic Madison), and if yours is one, tell us up front. See our home page for services and the hiring guide.

Lead Rule Guide: questions answered

Does Wisconsin's lead rule apply to floor sanding?

DHS says the rule covers paid work that disturbs paint in pre-1978 homes and child care centers, and that sanding is paint-disturbing (Wisconsin DHS).

Does it apply to a vacant house?

Yes, and DHS says vacant homes are not exceptions (DHS).

Can I sand my own floors?

The rule does not apply to an owner working on their own owner-occupied home (Wisconsin Realtors), but safety still matters.

Is a varnished floor a lead hazard?

Not necessarily, and the question is whether paint is being disturbed; tell your contractor what is painted.

How do I check a contractor?

Ask for the certification card (DHS brochure).

Where can I ask the state?

DHS lists a Lead and Asbestos Section phone line in its FAQ (DHS).

Does the lead rule apply if I refinish hardwood floors in Madison WI myself?

The state rule does not apply to an owner on an owner-occupied home (Wisconsin Realtors Association), but the safety reasons behind it still do.

Older home? Tell us before we start.

We will go over what is painted and what the rule means for your job, and or return to the home page.

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