reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-3 - Fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following fees shall apply:
(a) Training providers. A separate
			 accreditation fee shall be required for each training course. If a training
			 course is taught in more than one language, a separate accreditation fee shall
			 be required for each of these versions of the training course.
(1) Accreditation fee
			 ..................................... $500
(2) Initial fee.
(A) Lead abatement supervisor, lead abatement
			 worker, and project designer courses ....... $1,000
(B) Risk assessor and lead inspector courses
			 .. $1,000
(C) Lead-safe work
			 practices ......................... $300
(3) Refresher course fee.
(A) Lead abatement supervisor, lead abatement
			 worker, and project designer courses ....... $500
(B) Risk assessor and lead inspector courses
			 .. $500
(C) Lead-safe work
			 practices ......................... $150
(4) Reaccreditation fee
			 .................................. $500
(A)
(i) Reaccreditation for lead abatement
			 supervisor, lead abatement worker, and project designer courses
			 .................................................. $1,000
(ii) Reaccreditation for risk assessor and
			 inspector courses ................................................
			 $1,000
(B)
(i) Refresher reaccreditation for lead
			 abatement supervisor, lead abatement worker, and project designer courses
			 ................................... $500
(ii) Refresher reaccreditation for risk
			 assessor and lead inspector courses ...............................
			 $500
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-4 - Training provider accreditation

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Good standing. Each applicant wishing to
			 provide and teach lead activity training in Kansas shall be accredited as a
			 training provider and licensed by KDHE as a lead activity firm. Each applicant
			 desiring accreditation of the training courses for lead inspector, risk
			 assessor, lead abatement worker, lead abatement supervisor, project designer,
			 or lead-safe work practices, or any combination, under this regulation, who is
			 required to be registered and in good standing with the Kansas secretary of
			 state's office, shall submit a copy of the applicant's certificate of good
			 standing to KDHE.
(b) Application
			 to become a training provider for a training course. Completed applications
			 shall be submitted to KDHE. Each application shall include the following:
(1) A completed training provider course
			 accreditation application on a form provided by KDHE, which shall include the
			 following:
(A) The training provider's name,
			 address, and telephone number;
(B)
			 the lead activity firm license number;
(C) the name and date of birth of the
			 training manager;
(D) the name and
			 date of birth of the principal instructor for each course;
(E) the name and date of birth for any guest
			 instructor for each course;
(F) a
			 list of locations at which training will take place;
(G) a list of courses for which the training
			 provider is applying for accreditation; and
(H) a statement signed by the training
			 manager certifying that the information in the application for accreditation,
			 and any additional information included with the application, is true and
			 accurate to the best of the training manager's knowledge and understanding,
			 that the training provider will comply with K.A.R. 28-72-4 through K.A.R.
			 28-72-4c, and that the training provider will conduct lead training only in
			 those occupations in which the training provider has received
			 accreditation;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-4a - Curriculum requirements for training providers

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a)
(1)
			 Each training provider of a lead inspector training course shall ensure that
			 the lead inspector training course curriculum includes, at a minimum, 16 hours
			 of classroom training and eight hours of hands-on training.
(2) Each lead inspector training course shall
			 include, at a minimum, the following course topics:
(A) The role and responsibilities of an
			 inspector;
(B) background
			 information on lead, including the history of lead use and sources of
			 environmental lead contamination;
(C) the health effects of lead, including the
			 following:
(i) The ways that lead enters and
			 affects the body;
(ii) the levels
			 of concern; and
(iii) symptoms,
			 diagnosis, and treatments;
(D) the regulatory background and an overview
			 of lead in applicable state and federal guidelines or regulations pertaining to
			 lead-based paint, including the current version of each of the following:
(i) 40 CFR part 745;
(ii) U.S. HUD guidelines for the evaluation
			 and control of lead-based paint hazards in housing as adopted in K.A.R.
			 28-72-13 ;
(iii)
											29 CFR
			 1910.1200;
(iv)
											29 CFR
			 1926.62; and
(v) title X: the residential lead-based paint
			 hazard reduction act of 1992;
(E) the regulations in this article
			 pertaining to lead li-censure, the Kansas work practice standards for
			 lead-based paint activities specific to lead inspection activities, K.A.R.
			 28-72-2, and K.A.R. 28-72-51 through 28-72-54 ;
(F) quality control and assurance procedures
			 in testing analysis;
(G) legal
			 liabilities and obligations; and
(H) recordkeeping.
(3) Each lead inspector training course shall
			 also include, at a minimum, the following course topics, the presentation of
			 which shall require hands-on training as an integral component of the course:
(A) Lead-based paint inspection methods,
			 including the selection of rooms and components for sampling or
			 testing;
(B) preinspection planning
			 and review, including developing a schematic site plan and determining
			 inspection criteria and locations to collect samples in single-family and
			 multifamily housing;
(C) paint,
			 dust, and soil sampling methodologies, including the following:
(i) Lead-based paint testing or X-ray
			 fluorescence paint analyzer (XRF) use, including the types of XRF units, their
			 basic operation, and interpretation of XRF results, including substrate
			 correction;
(ii) soil sample
			 collection, including soil sampling techniques, the number and location of soil
			 samples, and interpretation of soil sampling results; and
(iii) dust sample collection techniques,
			 including the number and location of wipe samples and the interpretation of
			 test results;
(D)
			 clearance standards and testing, including random sampling; and
(E) preparation of the final inspection
			 report.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-4c - Training provider accreditation; refresher training course

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application for
			 accreditation of a training provider for a refresher training course. A
			 training provider may seek accreditation to offer refresher training courses in
			 any occupation. To obtain KDHE accreditation to offer refresher training
			 courses, each training provider shall meet the following minimum requirements:
(1) Each refresher course shall review the
			 curriculum topics of the full-length courses listed in K.A.R. 28-72-4a as
			 appropriate. In addition, each training provider shall ensure that the
			 refresher course of study includes, at a minimum, the following:
(A) An overview of current safety practices
			 relating to lead-based paint activities in general, as well as specific
			 information pertaining to the appropriate occupation;
(B) current laws and regulations relating to
			 lead-based paint activities in general, as well as specific information
			 pertaining to the appropriate occupation; and
(C) current technologies relating to
			 lead-based paint activities in general, as well as specific information
			 pertaining to the appropriate occupation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-6 - Application process and requirements for the certification of risk assessors

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Application for a risk assessor certificate.
(1) Each applicant for a risk assessor
			 certificate shall submit a completed application to KDHE before consideration
			 for certificate issuance. All applications for certification shall be received
			 by KDHE at least 30 days before the date of the third-party examination, but
			 the deadline for filing applications may be waived by KDHE as particular
			 circumstances justify.
(2) Each
			 application shall include the information specified in K.A.R. 28-72-5(a)(2)(A)
			 and the following:
(A) A copy of the risk
			 assessor and lead inspector training course completion diploma, and any
			 required refresher course completion diplomas;
(B) documentation pursuant to subsection (b)
			 as evidence of meeting the education or experience requirements for risk
			 assessors; and
(C) a payment to
			 KDHE for the nonrefundable fee specified in K.A.R. 28-72-3 .
(3) Each applicant for a risk
			 assessor certificate shall apply to KDHE within one year after the applicant's
			 successful completion of the risk assessor training course, as indicated on the
			 course completion diploma. Applicants failing to apply within one year after
			 the date on the training course completion certificate shall, before making
			 application for certification, be required to successfully complete the
			 eight-hour risk assessor refresher training course accredited by
			 KDHE.
(4) Each applicant who fails
			 to apply within two years after the risk assessor training and who has not
			 successfully completed the refresher training course shall be required to
			 successfully complete the risk assessor training course before submitting an
			 application for a risk assessor certificate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-6a - Application process and requirements for the certification of an elevated blood lead level investigator

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Application for an elevated blood lead (EBL) level investigator certificate.
(1) Each applicant for an elevated blood lead
			 level investigator certificate shall be selected by KDHE. Each selected
			 applicant shall submit a completed application to KDHE before issuance of a
			 certificate.
(2) Each application
			 shall include the following:
(A) A completed
			 lead occupation certificate application on a form provided by KDHE, which shall
			 include the following:
(i) The applicant's
			 full legal name, home address, and telephone number;
(ii) the name, address, and telephone number
			 of the applicant's current employer;
(iii) the applicant's state-issued
			 identification number or federal employment identification number;
(iv) the county or counties in which the
			 applicant is employed;
(v) the
			 address where the applicant would like to receive correspondence regarding the
			 application or certification;
(vi)
			 the occupation for which the applicant wishes to be certified;
(vii) proof of any certification for lead
			 occupations in other states, including the names of the other states, type of
			 certification, certification expiration date, certificate number, and copies of
			 the other states' certificate or license;
(viii) proof of any certification by the EPA,
			 including the EPA region number, type of certification, certification
			 expiration date, certificate number, and a copy of the EPA
			 certificate;
(ix) the type of
			 training completed, including the name of the training provider, diploma
			 identification number, and dates of course attendance;
(x) any employment history or education that
			 meets the experience requirements in subsection (b);
(xi) any criminal history; and
(xii) the signature of the applicant, which
			 shall certify that all information in the application is complete and true to
			 the best of the applicant's knowledge and that the applicant will comply with
			 applicable state statutes and regulations;
(B) a copy of the risk assessor and lead
			 inspector training course completion diploma and any required refresher course
			 completion diplomas; and
(C)
			 documentation pursuant to subsection (b) as evidence of meeting the education
			 or experience requirements for an elevated blood lead level
			 investigator.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-7 - Application process and requirements for the certification of lead abatement workers

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Application
			 for a lead abatement worker certificate.
(1)
			 Each applicant for a lead abatement worker certificate shall submit a completed
			 application to KDHE before consideration for certificate issuance. Each
			 application for certification shall be received by KDHE within one year after
			 successful completion of the lead abatement worker training course.
(2) Each application shall include the
			 information specified in K.A.R. 28-72-5(a)(2)(A) and the following:
(A) A copy of the lead abatement worker
			 training course completion diploma, and any required refresher course
			 completion diplomas; and
(B) a
			 payment to KDHE for the nonrefundable fee specified in K.A.R. 28-72-3
			 .
(3) Each applicant for
			 a lead abatement worker certificate shall apply to KDHE within one year after
			 the applicant's successful completion of the lead abatement worker training
			 course, as indicated on the certificate of completion. Applicants failing to
			 apply within one year after the date on the training course completion diploma
			 shall, before making application for certification, successfully complete the
			 eight-hour lead abatement worker refresher training course.
(4) Each applicant who fails to apply within
			 two years after the lead abatement worker training and who has not successfully
			 completed refresher training shall be required to successfully complete the
			 lead abatement worker training course before submitting an application for a
			 lead abatement worker certificate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-7a - Application process for renovators and requirements for certification in lead-safe work practices

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Application for renovator certification.
(1)
			 Each applicant seeking certification shall submit a completed application to
			 KDHE before consideration for the certificate issuance. Each application for
			 certification shall be received by KDHE within one year after successful
			 completion of the "lead-safe work practices in Kansas" training
			 course.
(2) Each application shall
			 include the following:
(A) A completed
			 certificate application on a form provided by KDHE, which shall include the
			 following:
(i) The applicant's full legal
			 name, home address, and telephone number;
(ii) the name, address, and telephone number
			 of the applicant's current employer;
(iii) the applicant's state-issued
			 identification number or federal employment identification number;
(iv) the county or counties in which the
			 applicant is employed;
(v) the
			 address where the applicant would like to receive correspondence regarding the
			 application or certification;
(vi)
			 proof of any certification as a renovator in other states, including the names
			 of the other states, type of certification, certification expiration date,
			 certificate number, and copies of the other states' certificate or
			 license;
(vii) proof of any
			 certification by the EPA, including the EPA region number, type of
			 certification, certification expiration date, certificate number, and a copy of
			 the EPA certificate;
(viii) the
			 type of training completed, including the name of the training provider,
			 diploma identification number, and date of course attendance; and
(ix) the signature of the applicant, which
			 shall certify that all information in the application is complete and true to
			 the best of the applicant's knowledge and that the applicant will comply with
			 applicable state statutes and regulations;
(B) a copy of the "lead-safe work practices
			 in Kansas" training course completion diploma, and any required refresher
			 course completion diplomas; and
(C)
			 a payment to KDHE for the nonrefundable fee specified in K.A.R. 28-72-3
			 .
(3) Each applicant for
			 a renovator certificate shall apply to KDHE within one year after the
			 applicant's successful completion of the "lead-safe work practices in Kansas"
			 training course, as indicated on the certificate of completion. Applicants
			 failing to apply within one year after the date on the training course
			 completion diploma shall, before making application for certification, be
			 required to successfully complete the four-hour lead-safe work practices in
			 Kansas refresher training course.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-8 - Application process and requirements for the certification of lead abatement supervisors

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a)
			 Application for a lead abatement supervisor certificate.
(1) Each applicant for a lead abatement
			 supervisor certificate shall submit a completed application to KDHE before
			 consideration for certificate issuance. Each application for certification
			 shall be received by KDHE at least 30 days before the date of the third-party
			 examination, but the deadline for filing applications may be waived by KDHE as
			 particular circumstances justify.
(2) Each application shall include the
			 information specified in K.A.R. 28-72-5(a)(2)(A) and the following:
(A) A copy of the lead abatement supervisor
			 training course completion diploma, and any required refresher course
			 completion diplomas;
(B)
			 documentation pursuant to subsection (c) as evidence of meeting the education
			 or experience requirements for lead abatement supervisors; and
(C) a payment to KDHE for the nonrefundable
			 fee specified in K.A.R. 28-72-3 .
(3) Each applicant for a lead abatement
			 supervisor certificate shall apply to KDHE within one year after the
			 applicant's successful completion of the lead abatement supervisor training
			 course, as indicated on the course completion diploma. Each applicant failing
			 to apply within one year after the date on the training course completion
			 certificate shall, before making application for certification, be required to
			 successfully complete the eight-hour lead abatement supervisor refresher
			 training course.
(4) Each applicant
			 who fails to apply within two years after the lead abatement supervisor
			 training and who has not successfully completed refresher training shall be
			 required to successfully complete the lead abatement supervisor training course
			 before submitting an application for a lead abatement supervisor
			 certificate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-9 - Application for the certification of project designers

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Application for a project designer
			 certificate.
(1) Each applicant for a project
			 designer certificate shall submit a completed application to KDHE before
			 consideration for certificate issuance. Each application for certification
			 shall be received by KDHE within one year of successful completion of the
			 project designer training course.
(2) Each application shall include the
			 information specified in K.A.R. 28-72-5(a)(2)(A) and the following:
(A) A copy of the project designer training
			 course completion diploma, and any required refresher course completion
			 diplomas;
(B) documentation
			 pursuant to subsection (b) as evidence of meeting the education or experience
			 requirements for project designers; and
(C) a payment to KDHE for the nonrefundable
			 fee specified in K.A.R. 28-72-3 .
(3) Each applicant for a project designer
			 certificate shall apply to KDHE within one year of the applicant's successful
			 completion of the project designer training course, as indicated on the course
			 completion diploma. Each applicant failing to apply within one year after the
			 date on the training course completion diploma shall, before making application
			 for certification, be required to successfully complete the four-hour project
			 designer refresher training course.
(4) Each applicant who fails to apply within
			 two years of the project designer training course and who has not successfully
			 completed a refresher training course shall successfully complete the project
			 designer training course before submitting an application for a project
			 designer certificate.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-10 - Application process and licensure renewal requirements for lead activity firms

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Application
			 for a lead activity firm license.
(1) Each
			 applicant for a lead activity firm license shall submit a completed application
			 to KDHE for consideration for license issuance.
(2) The application shall include the
			 following:
(A) A completed lead activity firm
			 application on a form provided by KDHE, which shall include the following:
(i) The applicant's name, address, and
			 telephone number;
(ii) if the
			 applicant is a sole proprietorship, the applicant's social security number or,
			 if the applicant is a corporation, the applicant's federal employee
			 identification number;
(iii) the
			 county or counties in which the applicant is located;
(iv) a description of any lead-based paint
			 activities that the applicant will be conducting, including lead inspection,
			 risk assessments, lead abatement projects, lead hazard control, and project
			 design;
(v) a certification that
			 the lead activity firm will directly employ only KDHE-certified individuals to
			 conduct lead-based paint activities or any KDHE-approved lead hazard control;
			 and
(vi) a certification that the
			 lead activity firm and the firm's employees will follow the Kansas work
			 practice standards for lead-based paint activities specified in K.A.R. 28-72-13
			 through K.A.R. 28-72-21 ;
(B) if the applicant is required to be
			 registered and in good standing with the Kansas secretary of state's office,
			 the applicant shall submit a copy of the applicant's certificate of good
			 standing to KDHE; and
(C) payment
			 to KDHE for the applicable nonrefundable fee specified in K.A.R. 28-72-3,
			 unless the lead activity firm is a state, federally recognized Indian tribe,
			 local government, or nonprofit organization as evidenced by a letter of
			 determination issued by the IRS, which shall accompany the
			 application.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-10a - Application process and licensure renewal requirements for renovation firms

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application for
			 a renovation firm license.
(1) Each applicant
			 for a renovation firm license shall submit a completed application to KDHE for
			 consideration for license issuance.
(2) The application shall include the
			 following:
(A) A completed renovation firm
			 application on a form provided by KDHE, which shall include the following:
(i) The applicant's name, address, and
			 telephone number;
(ii) if the
			 applicant is a sole proprietorship, the applicant's social security number or,
			 if the applicant is a corporation, the applicant's federal employee
			 identification number;
(iii) the
			 county or counties in which the applicant is located;
(iv) a description of any renovation
			 activities that the applicant will be conducting, including remodeling, room
			 addition, window-door removal or replacement, general repair projects,
			 weatherization projects, interior and exterior paint projects, exterior siding
			 installation, or other renovation activity;
(v) a certification that the renovation firm
			 will employ KDHE-certified individuals to conduct renovation activities;
			 and
(vi) a certification that the
			 renovation firm and the firm's employees will follow the Kansas work practice
			 standards for renovation activities specified in K.A.R. 28-72-2 and K.A.R.
			 28-72-51 through K.A.R. 28-72-54 ;
(B) if the applicant is required to be
			 registered and in good standing with the Kansas secretary of state's office, a
			 copy of the applicant's certificate of good standing; and
(C) a payment to KDHE for the applicable
			 nonrefund-able fee specified in K.A.R. 28-72-3 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-11 - Renewal of lead occupation certificates

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Renewal application for lead inspector,
			 risk assessor, elevated blood lead level investigator, lead abatement
			 supervisor, lead abatement worker, renovator, and project designer.
(1) If a certified individual wishes to renew
			 a lead occupation certificate, the individual shall submit a completed
			 application for renewal of certificate, including the required supporting
			 documentation, to KDHE at least 60 days before the certificate's expiration
			 date as indicated on the certificate. Failure of the certified individual to
			 submit an application at least 60 days before the certificate's expiration date
			 may result in the certificate not being renewed before the current license
			 expires.
(2) The certified
			 individual applying for renewal shall complete the refresher training course
			 for the appropriate occupation within the 12-month period immediately preceding
			 the certificate expiration date.
(3) Each renewal application shall include
			 the following:
(A) A completed lead occupation
			 certificate application on a form provided by KDHE, which shall include the
			 following:
(i) The applicant's full legal
			 name, home address, and telephone number;
(ii) the name, address, and telephone number
			 of the applicant's current employer;
(iii) the certified individual's state-issued
			 identification number or federal employment identification number;
(iv) the county or counties in which the
			 certified individual is employed;
(v) the address where the certified
			 individual would like to receive correspondence regarding the
			 certification;
(vi) the lead
			 occupation certificate that the applicant wishes to have renewed;
(vii) the type of refresher training course
			 completed, including the name of the training provider, diploma identification
			 number, and dates of course attendance; and
(viii) the signature of the applicant, which
			 shall certify that all information in the application is complete and true to
			 the best of the applicant's knowledge and that the applicant will comply with
			 applicable state statutes and regulations;
(B) a copy of the refresher training course
			 completion diploma for the appropriate occupation; and
(C) a payment to KDHE for the appropriate
			 nonre-fundable recertification fee, as specified in K.A.R. 28-72-3 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-12 - Application process and requirements for reapplication after certificate expiration

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Unless
			 renewed or revoked sooner, each certificate shall expire two years after its
			 effective date indicated on the current certificate. If a certified individual
			 allows the certificate to expire before renewal but desires to be certified,
			 the individual shall reapply to KDHE.
(b) Each application shall include the
			 information specified in K.A.R. 28-72-5(a)(2)(A) and the following:
(1) Any employment history or education that
			 meets the experience requirements in K.A.R. 28-72-5 through K.A.R. 28-72-9, as
			 applicable;
(2) the signature of
			 the applicant, which shall certify that all information in the application is
			 complete and true to the best of the applicant's knowledge and that the
			 applicant will comply with applicable state statutes and regulations;
(3) a copy of the lead occupation training
			 course completion diploma for the appropriate occupation; and
(4) a payment to KDHE for the nonrefundable
			 certification fee appropriate to the lead occupation, as specified in K.A.R.
			 28-72-3 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-13 - Work practice standards; general standards

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(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.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-14 - Work practice standards; inspection

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Except as provided in
			 K.S.A.
			 65-1,203 and amendments thereto, a lead
			 inspection or any portion of a lead inspection shall be conducted only by a
			 lead inspector or risk assessor, and all inspections shall be conducted
			 according to the procedures specified in this regulation.
(b) When conducting an inspection, the lead
			 inspector or risk assessor shall select the following locations according to
			 the documented methodologies in K.A.R. 28-72-13(d)(1) and shall test for the
			 presence of lead-based paint:
(1) In a
			 residential dwelling and child-occupied facility, each interior component with
			 a distinct painting history and each exterior component with a distinct
			 painting history shall be tested for lead-based paint, except those components
			 that the lead inspector or risk assessor determines to have been replaced after
			 1978 or not to contain lead-based paint; and
(2) in a multifamily dwelling or
			 child-occupied facility, each component with a distinct painting history in
			 every common area, except those components that the lead inspector or risk
			 assessor determines to have been replaced after 1978 or not to contain
			 lead-based paint.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-15 - Work practice standards; lead hazard screen

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Except as provided in
			 K.S.A.
			 65-1,203 and amendments thereto, a lead
			 hazard screen shall be conducted only by a risk assessor.
(b) If a lead hazard screen is conducted, the
			 risk assessor shall conduct each lead hazard screen as follows:
(1) Background information regarding the
			 physical characteristics of the residential dwelling or child-occupied facility
			 and occupant-use patterns that could cause lead-based paint exposure to one or
			 more children through the age of 72 months shall be collected.
(2) An inspection of the residential dwelling
			 or child-occupied facility shall be conducted to achieve the following:
(A) Determine if any deteriorated paint is
			 present; and
(B) locate at least
			 two dust sampling locations.
(3) If deteriorated paint is present, each
			 surface with deteriorated paint that is determined, using one or more of the
			 documented methodologies in K.A.R. 28-72-13(d)(1), to be in poor condition and
			 to have a distinct painting history shall be tested for the presence of
			 lead.
(4) In residential dwellings,
			 a dust sample shall be collected from the floor and from each window, and in
			 rooms, hallways, or stairwells where one or more children through the age of 72
			 months are most likely to come in contact with dust.
(5) In multifamily dwellings and
			 child-occupied facilities, in addition to the floor and window samples required
			 in paragraph (b)(4) the risk assessor shall also collect dust samples from
			 common areas where one or more children through the age of 72 months are most
			 likely to come into contact with dust.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-16 - Work practice standards; risk assessment

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Except as provided by
			 K.S.A.
			 65-1,203 and amendments thereto, a risk
			 assessment shall be conducted only by a person certified by KDHE, according to
			 K.A.R. 28-72-2 and K.A.R. 28-72-6 through K.A.R. 28-72-12 as a risk assessor.
			 If a risk assessment is conducted, the assessment shall be conducted according
			 to the procedures specified in this regulation.
(b) An inspection of the residential dwelling
			 or child-occupied facility shall be undertaken to locate the existence of
			 deteriorated paint, assess the extent and causes of the deterioration, and
			 assess other potential lead-based paint hazards.
(c) Background information regarding the
			 physical characteristics of the residential dwelling or child-occupied facility
			 and occupant-use patterns that could cause lead-based paint exposure to one or
			 more children through the age of 72 months shall be collected.
(d) Each surface with deteriorated paint that
			 is determined, using one or more of the documented methodologies in K.A.R.
			 28-72-13(d)(1), to be in poor condition and to have a distinct painting
			 history, shall be tested for the presence of lead. Each other surface
			 determined, using one or more of the documented methodologies in K.A.R.
			 28-72-13(d)(1), to be a potential lead-based paint hazard and to have a
			 distinct painting history shall also be tested for the presence of
			 lead.
(e) In residential dwellings,
			 single-surface dust samples from at minimum one window and at minimum one floor
			 area shall be collected in all living areas where one or more children through
			 the age of 72 months are most likely to come into contact with dust.
(f) For multifamily dwellings and
			 child-occupied facilities, the samples required in subsection (e) of this
			 regulation shall be taken. In addition, window and floor dust samples shall be
			 collected in the following locations:
(1)
			 Common areas adjacent to the sampled residential dwelling or child-occupied
			 facility; and
(2) other common
			 areas in the building where the risk assessor determines that one or more
			 children through the age of 72 months are likely to come into contact with
			 dust.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-18 - Work practice standards; lead abatement

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Except as provided in
			 K.S.A.
			 65-1,203 and amendments thereto, a lead
			 abatement shall be conducted only by an individual certified by KDHE and shall
			 be conducted according to the procedures specified in this article.
(b) A lead abatement supervisor shall be
			 required for each lead abatement project and shall be on-site during all
			 work-site preparation and during the postabatement cleanup of work areas.
(1) At all other times when lead abatement
			 activities are being conducted, the lead abatement supervisor shall be on-site
			 or available by telephone, pager, or answering service and shall be able to be
			 present at the work site in no more than one hour.
(2) The lead abatement supervisor shall
			 report to the work site during each lead abatement work practice standards
			 inspection performed by KDHE. The lead activity firm that employs the lead
			 abatement supervisor shall be subject to an abatement project reinspection fee
			 if the lead abatement supervisor fails to be present at the work site as
			 specified in this regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-18a - Work practice standards; lead abatement: replacement

Current through Register Vol. 43, No. 28, July 11,
			 2024
When conducting a lead abatement project using the replacement
				strategy, the certified lead professional or licensed firm shall meet the
				following minimum requirements:
(a)
			 The site shall be prepared by first establishing a regulated area using
			 fencing, barrier tape, or other appropriate barriers. The regulated area shall
			 be marked to prevent uncertified personnel and restricting the general public
			 from approaching closer than 20 feet to the abatement operation.
(b) Signs shall be posted at all entrances to
			 the regulated area and shall include the words "WARNING: LEAD AREA. POISON. NO
			 SMOKING OR EATING" in bold lettering not smaller than two inches tall, with
			 additional language or symbols prohibiting entry to the regulated area by
			 uncertified personnel and the general public. All signs shall be in a language
			 that is easily recognizable by all certified lead professionals and by members
			 of the general public where the lead abatement activities are taking
			 place.
(c) Any heating and cooling
			 system within the regulated area shall be shut down and the vents sealed with
			 6-mil polyethylene sheeting to prevent lead dust accumulation within the
			 system.
(d) All items shall be
			 cleaned within the regulated area by HEPA vacuuming or wet wiping with a
			 cleaning solution, or both. Items shall then be either removed from the area or
			 covered with 6-mil polyethylene sheeting and sealed with duct tape, to provide
			 an airtight and watertight seal.
(e) At least two layers of 6-mil, or thicker,
			 polyethylene sheeting shall be placed on the floor at the base of the component
			 and extend at least 10 feet beyond the perimeter of the component to be
			 replaced.
(f) The component and the
			 area adjacent to the component shall be thoroughly wetted using a garden
			 sprayer, airless mister, or other appropriate means to reduce airborne
			 dust.
(g) After removal of the
			 component, the surface behind the removed component shall be thoroughly wetted
			 to reduce airborne dust.
(h) The
			 component shall be wrapped or bagged completely in 6-mil polyethylene sheeting
			 and sealed with duct tape to prevent loss of debris or dust.
(i) Before installing a new component, the
			 area of replacement shall be cleaned by HEPA vacuuming the area again. Cleaning
			 shall begin at the end of the work area farthest from the main entrance to the
			 area and from the top to the bottom of the regulated area.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-18c - Work practice standards; lead abatement: encapsulation

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The
			 encapsulation strategy of lead abatement shall not be used on the following:
(1) Friction surfaces, including window
			 sashes and parting beads, door jambs and hinges, floors, and door
			 thresholds;
(2) deteriorated
			 components, including rotten wood, rusted metal, spalled or cracked plaster,
			 and loose masonry;
(3) impact
			 surfaces, including doorstops, window wells, and headers;
(4) deteriorated surface coatings if the
			 adhesion or cohesion of the surface coating is uncertain or indeterminable;
			 and
(5) incompatible
			 coatings.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-18d - Work practice standards; lead abatement: removal

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Removal strategies. Acceptable removal
			 strategies shall include the following:
(1)
			 Manual wet strategies. Manual wet scraping or manual wet sanding shall be
			 acceptable for the removal of lead surface coatings.
(2) Mechanical removal strategies. Using
			 power tools that are HEPA-shrouded or locally exhausted shall be acceptable
			 removal strategies for lead surface coatings. HEPA-shrouded or exhausted
			 mechanical abrasion devices, including sanders, saws, drills, roto-peens,
			 vacuum blasters, and needle guns shall be acceptable.
(3) Chemical removal strategies. Chemical
			 strippers shall be used in compliance with the manufacturer's
			 recommendations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-18e - Work practice standards; postabate-ment clearance procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
Except as provided in K.S.A. 65-1-203 and amendments thereto,
				the following posta-batement or lead hazard control clearance procedures shall
				be performed only by a risk assessor:
(a) Following lead abatement or required lead
			 hazard control, a visual inspection shall be performed to determine if
			 deteriorated painted surfaces or visible amounts of dust, debris, or residue
			 are still present. These conditions shall be eliminated before continuation of
			 the clearance procedures.
(b)
			 Following the visual inspection and any post-abatement or lead hazard control
			 cleanup required by subsection (a), clearance sampling for lead-contaminated
			 dust shall be conducted. Clearance sampling shall be conducted by employing
			 single-surface sampling techniques.
(c)
(1)
			 Dust samples for clearance purposes shall be taken using one or more of the
			 documented methodologies in K.A.R. 28-72-13(d)(1) .
(2) Dust samples for clearance purposes shall
			 be taken a minimum of one hour after completion of final posta-batement or lead
			 hazard control cleanup activities.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-19 - Work practice standards; collection and laboratory analysis of samples

Current through Register Vol. 43, No. 28, July 11,
			 2024
All paint chip, dust, and soil samples collected pursuant to
				the work practice standards contained in this article shall meet the following
				conditions:
(a) Be collected by a lead
			 inspector, risk assessor, or elevated blood lead level investigator using
			 adequate quality control; and
(b)
			 be analyzed by a recognized laboratory.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-21 - Work practice standards; quarterly reports; recordkeeping

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) All reports and plans required in this
			 article shall be maintained for at least three years by the licensed lead
			 activity firm or certified individual who prepared the report or
			 plan.
(b) Each lead activity firm
			 that employs or contracts with lead abatement professionals shall submit to
			 KDHE a written report listing all lead abatement, lead hazard control, and lead
			 abatement clearance projects occurring during each calendar quarter in the
			 state of Kansas, on or before the following dates each year:
(1) January 10;
(2) April 10;
(3) July 10; and
(4) October 10.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-22 - Enforcement

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A notice of
			 noncompli-ance (NON) may be issued by the secretary for any violation of the
			 act or this article. A NON shall be the recommended response for a first-time
			 violator of this article. Compliance assistance information shall be included
			 in the NON to ensure future compliance with KDHE regulations.
(b)
(1) The
			 NON shall require the violator to take corrective action in order to comply
			 with this article. The corrective action shall depend upon the specific
			 violations. The NON may require that proof of action be submitted to the
			 secretary by a date specified in the NON.
(2) Mitigating factors in each case in which
			 a NON has been issued shall be documented in the case file.