Statutes, codes, and regulations
Kansas Administrative Code
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM
Section 28-72-13 - Work practice standards; general standards

Kan. Admin. Regs. § 28-72-13

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Current through Register Vol. 43, No. 49, December 5, 2024
Section 28-72-13 - Work practice standards; general standards
(a) Except as provided in K.S.A. 65-1,203 and amendments thereto, all lead-based paint activities, as defined in the act, shall be performed pursuant to the work practice standards in this article.
(b) Except as provided in K.S.A. 65-1,203 and amendments thereto, when performing any lead-based paint activity that involves an inspection, lead-hazard screen, risk assessment, or abatement, a certified individual shall perform that activity in compliance with the applicable requirements in this regulation.
(c) Certified lead inspectors and risk assessors conducting lead inspection activities shall avoid potential conflicts of interest by not being contracted, subcontracted, or employed by any lead activity firm performing lead abatement activities on the same lead abatement project.
(d)
(1) Each certified individual shall comply with the following documented methodologies, which are hereby adopted by reference, when performing any lead-based paint activity:
(A) The U.S. department of housing and urban development (HUD) "guidelines for the evaluation and control of lead-based paint hazards in housing," dated June 1995, excluding chapters 1 and 2 and including appendices 7, 8, 11, 12, 13, and 14. Chapter 7 in the June 1995 edition is not adopted; instead, the 1997 revision of chapter 7 is adopted; and
(B) the EPA "residential sampling for lead: protocols for dust and soil sampling," EPA final report, MRI project no. 9803, published March 29, 1995.
(2) If a conflict exists between either of the methodologies listed in this subsection and any federal or state statute or regulation or any city or county ordinance, the most stringent of these shall be adhered to by the certified lead inspector or risk assessor.

Kan. Admin. Regs. § 28-72-13

Authorized by and implementing K.S.A. 65-1,202 and 65-1,203; effective, T-28-9-13-99, Sept. 13, 1999; effective Jan. 7, 2000; amended Dec. 6, 2002; amended April 9, 2010.