Current through Register Vol. 43, No. 52, December 26, 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.
(d) The following postabatement or lead
hazard control activities shall be conducted as appropriate, based upon the
extent or manner of lead abatement activities conducted in or to the
residential dwelling or child-occupied facility:
(1) After conducting a lead abatement or lead
hazard control with containment between abated and unabated areas, one dust
sample shall be taken from one window, if available, and at least one dust
sample shall be taken from the floors of no fewer than four rooms, hallways, or
stairwells within the containment area. In addition, one dust sample shall be
taken from the floor outside the containment area. If there are fewer than four
rooms, hallways, or stairwells within the containment area, then all rooms,
hallways, or stairwells shall be sampled.
(2) After conducting a lead abatement or lead
hazard control in which no containment was utilized, two dust samples shall be
taken from no fewer than four rooms, hallways, or stairwells in the residential
dwelling or child-occupied facility. One dust sample shall be taken from one
window, if available, and one dust sample shall be taken from the floor of each
room, hallway, or stairwell selected. If there are fewer than four rooms,
hallways, or stairwells within the residential dwelling or child-occupied
facility, then all rooms, hallways, or stairwells shall be sampled.
(3) Following an exterior paint abatement or
lead hazard control, a visual inspection shall be conducted. All horizontal
surfaces in the outdoor living area closest to the abated surface shall be
found to be free of visible dust and debris. In addition, a visual inspection
shall be conducted to determine the presence of paint chips on the dripline or
next to the foundation below any exterior surface abated. If paint chips are
present, they shall be removed from the site and properly disposed of,
according to all applicable federal, state, and local requirements.
(e) The rooms, hallways, or
stairwells selected for sampling shall be selected according to one or more of
the documented methodologies in K.A.R. 28-72-13(d)(1) .
(f) The risk assessor shall compare the
residual lead level, as determined by the laboratory analysis, from each dust
sample with applicable clearance levels for lead in dust on floors and windows
as established below in this subsection. If the residual lead levels in a dust
sample exceed the clearance levels, all the components represented by the
failed sample shall be recleaned and re-tested until clearance levels are met.
Following completion of a lead abatement activity, all dust, soil, and water
samples shall comply with the following clearance levels:
(1) Dust samples:
Media | Clearance
Level |
Floors | less than 40
µg/ft2 |
Interior windowsills | less than 250
µg/ft2 |
Window troughs and exterior walking surfaces | less
than 400 µg/ft2 |
(2)
Soil samples:
Media | Clearance
Level |
Bare soil (rest of yard) | less than 1,200 ppm or
1,200 mg/l |
Bare soil (small, high-contact areas, including sand
boxes and gardens) | less than 400 ppm |
(3) Water | less than 15 ppb or 15µg/L |
(g) In a multifamily dwelling with similarly
constructed and maintained residential dwellings, random sampling for the
purposes of clearance may be conducted if the following conditions are met:
(1) The certified individuals who abate,
perform lead hazard control, or clean the residential dwelling do not know
which residential dwelling will be selected for the random sample.
(2) A sufficient number of residential
dwellings are selected for dust sampling to provide a 95 percent level of
confidence that no more than five percent or 50 of the residential dwellings,
whichever is smaller, in the randomly sampled population exceed the appropriate
clearance levels.
(3) The randomly
selected residential dwellings are sampled and evaluated for the clearance
according to the procedures found in this regulation.
(h) A postabatement or post-lead hazard
control clearance report shall be prepared by a lead abatement supervisor. The
postabatement or post-lead hazard control clearance report shall include the
following information:
(1) The start and
completion dates of the lead abatement or lead hazard control;
(2) the name and address of each licensed
lead activity firm conducting the lead abatement or lead hazard control and the
name of each lead abatement supervisor assigned to the lead abatement or lead
hazard control project;
(3) the
name, address, and signature of each risk assessor conducting clearance
sampling and the date of clearance testing;
(4) the results of clearance testing and soil
analysis, if applicable, and the name of each recognized laboratory that
conducted the analysis;
(5) a
detailed written description of the abatement or lead hazard control, including
the lead abatement or lead hazard control methods used, locations of rooms or
components where abatement or lead hazard control occurred, reason for
selecting particular abatement or lead hazard control methods for each
component, and any suggested monitoring of encapsulants or enclosures;
and
(6) a written certification
from the firm stating that all lead abatement or lead hazard control has taken
place in accordance with all applicable local, state, and federal laws and
regulations.
(i) Time
frame for submission of reports. The clearance report shall be provided to the
owner of the property within 20 business days after completion of the clearance
inspection.