Current through Register Vol. 43, No. 52, December 26, 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.
(c) Dust samples shall be collected and
analyzed in the following manner:
(1) All
dust samples shall be taken using one or more of the documented methodologies
in K.A.R. 28-72-13(d)(1) .
(2) All
collected dust samples shall be analyzed according to K.A.R. 28-72-19 to
determine if the samples contain detectable levels of lead that can be
quantified numerically.
(d) Paint shall be sampled according to both
of the following requirements:
(1) The
analysis of paint to determine the presence of lead shall be conducted using
one or more of the documented methodologies in K.A.R. 28-72-13(d)(1)
.
(2) All collected paint chip
samples shall be analyzed according to K.A.R. 28-72-19 to determine if the
samples contain detectable levels of lead that can be quantified
numerically.
(e) The
risk assessor shall prepare a lead hazard screen report, which shall include
the following information:
(1) The date of the
assessment;
(2) the address of each
building;
(3) the date of
construction of each building;
(4)
the apartment number, if applicable;
(5) the name, address, and telephone number
of each owner of each building;
(6)
the name, signature, and certificate number of the certified risk assessor
conducting the assessment;
(7) the
name, address, and telephone number of each recognized laboratory conducting
analysis of collected samples, along with the laboratory's certificate
number;
(8) the results of the
visual inspection;
(9) the testing
method and sampling procedure employed for the paint analysis;
(10) specific locations of each paint
component tested for the presence of lead;
(11) all data collected from on-site testing,
including quality control data and, if used, the serial number of any XRF
device, and a copy of the XRF device user's certificate of training provided by
the equipment manufacturer;
(12)
all results of laboratory analysis on collected paint, soil, and dust
samples;
(13) any other sampling
results;
(14) any background
information collected regarding the physical characteristics of the residential
dwelling or multifamily dwelling and occupant-use patterns that could cause
lead-based paint exposure to one or more children through the age of 72 months;
and
(15) recommendations, if
warranted, for a follow-up risk assessment and, as appropriate, any further
actions.
(f) Time frame
for submission of reports. The lead hazard screen report shall be provided to
the owner of the property within 20 business days after completion of the lead
hazard screen.