Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-17 - Work practice standards; elevated blood lead level investigation risk assessments

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) In
			 order to perform an elevated blood lead (EBL) level investigation risk
			 assessment, the EBL inspector shall have a certificate from KDHE.
(b) The EBL inspector shall have the parents
			 or guardians of the EBL child complete an approved KDHE questionnaire before
			 sampling. Environmental testing shall be linked to the EBL child's history and
			 may include the testing of a prior residence or other areas frequented by the
			 EBL child.
(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 of the dwelling itself, furniture, or play structures frequented by the
			 EBL child that has deteriorated surface coatings shall be tested for the
			 presence of lead.
(e) Dust samples
			 from areas frequented by the EBL child, including play areas, porches,
			 kitchens, bedrooms, and living and dining rooms, shall be collected. Dust
			 samples shall also be collected from automobiles, work shoes, and laundry rooms
			 if occupational lead exposure is a possibility.
(f) Soil samples shall be collected from bare
			 soil areas of play, areas near the foundation of the house, and areas from the
			 yard. If the EBL child spends significant time at the park or other play area,
			 samples shall be collected from these areas, unless the area has already been
			 sampled and documented.
(g) If
			 necessary, water samples of the first-drawn water from the tap most commonly
			 used for drinking water, infant formula, or food preparation shall be
			 collected. For the purpose of this regulation, the term "first-drawn water"
			 shall mean water that is taken from the tap after an undisturbed period of at
			 least six hours, during which time the water has been in contact with the pipes
			 and fixtures allowing any available lead to dissolve into the water.
(h) All paint, dust, and soil collection and
			 testing shall be conducted using the documented methodologies in K.A.R.
			 28-72-13(d)(1) .
(i) No later than
			 20 days following the completion of the environmental investigation, the EBL
			 investigator shall issue a report to the secretary that details the findings of
			 the investigation and includes all the empirical data gathered during the
			 investigation.
(j) All
			 environmental investigation reports shall be reviewed by KDHE to determine if
			 the exposure to lead hazards found on the property are a contributing cause of
			 the EBL in the child.
(k) If a
			 determination is made by KDHE that lead hazards found on the property are a
			 contributing cause of the EBL in the child, a lead hazard control notice shall
			 be issued by the secretary to the owner and occupants of the property. The lead
			 hazard control notice shall include the following:
(1) Detailed, specific actions that must be
			 taken to make the property lead-safe and suitable for habitation by the EBL
			 child or any other children through 72 months ofage;
(2) detailed strategies for both abatement
			 and interim control of the lead hazards found;
(3) the date by which the remediation
			 activities will be concluded; and
(4) the method of proving that the
			 remediation activities are successfully completed.