Kansas Administrative Code

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaningassignedinthisregulation:(a)“Occupant protection plan” means a plan developed by a lead abatement supervisor or project designer before the com…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Paint” means all types of surface coatings, including stain, varnish, epoxy, shellac, polyurethane, and seal…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Reac- creditation” means the renewal of accreditation of a training provider for a training course after the…

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation. (a) “State” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the …

Definitions. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, each of the following terms shall have the meaning assigned in this regulation: (a) “Tar- get housing” means housing constructed before 1978, with the exception of housing for the el- derly. If…

Definition. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, the following term shall have the mean- ing assigned in this regulation: “Visual inspection for clearance testing” means the visual examination of a residential dwelling, a child-occupied facili…

Definition. In addition to the definitions in K.S.A. 65-1,201 and amendments thereto, the following term shall have the mean- ing assigned in this regulation: “X-ray fluorescence analyzer (XRF)” means an instrument that determines lead concentration in milligrams per square centi…

General requirements for ac- creditation, licensure, and certification; adoption by reference. (a) Waiver. Any appli- cant for certification and any certified individual may authorize others, including the applicant’s or individual’s employer, to act on the applicant’s or individ…

Work practice standards; com- posite dust sampling prohibited. Composite dust sampling shall not be allowed. (Authorized by and implementing K.S.A. 65-1,202; effective, T-28-9-13-99, Sept. 13, 1999; effective Jan. 7, 2000; amended April 9, 2010.)

Work practice standards; quar- terly reports; recordkeeping. (a) All reports and plans required in this article shall be main- tained 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 t…

Enforcement. (a) A notice of noncompliance (NON) may be issued by the sec- retary 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 ens…

Fees. 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 lan- guage, a separate accreditation fee shall be re- quired for each of these versions of the tr…

Training provider accreditation. (a) Good standing. Each applicant wishing to pro- videandteachleadactivitytraininginKansasshall be accredited as a training provider and licensed by KDHE as a lead activity firm. Each applicant desiring accreditation of the training courses for le…

Curriculum requirements for training providers. (a)(1) Each training provid- er 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) Eac…

(Authorized by K.S.A. 2001 Supp. 65-1,202; implementing K.S.A. 2001 Supp. 65- 1,202, 65-1,203, and 65-1,207; effective, T-28- 9-13-99, Sept. 13, 1999; effective Jan. 7, 2000; amended Dec. 6, 2002; revoked April 9, 2010.)

Training provider accredita- tion; refresher training course. (a) Applica- tion for accreditation of a training provider for a refresher training course. A training provider may seek accreditation to offer refresher train- ing courses in any occupation. To obtain KDHE accreditati…

Application process and require- ments for the certification of lead inspectors. (a) Application for a lead inspector certificate. (1) Each applicant for a lead inspector certif- icate shall submit a completed application to KDHE before consideration for certificate issu- ance. A…

Definitions. For purposes of this article, the definitions in K.A.R. 28-72-1a through K.A.R. 28-72-1x, as well as the following defini- tions, shall apply: (a) “Acknowledgment statement” means a form that is signed by the owner or occupant of housing confirming that the owner or …

Applicability. (a) Except as pro- vided in subsection (b) of this regulation, this article and the requirements of 40 CFR 745.80 through 745.91, as adopted in K.A.R. 28-72-2, shall apply to all renovation of target housing per- formed for compensation. (b) This article shall not …

Information distribution re- quirements. (a) Renovations in target housing. No more than 60 days before beginning renova- tion activities in any residential dwelling unit of target housing, the renovator shall perform the following: (1) Provide the owner of the unit with the pam-…

Recordkeeping requirements. (a) Each renovator shall retain and, if requested, make available to KDHE all records necessary to demonstrate compliance with this article for a period of three years following completion of the renovation in target housing. (b)Recordsshallberetaineda…

Application process and require- ments for the certification of risk assessors. (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 appl…

Application process and re- quirements for the certification of an ele- vated blood lead level investigator. (a) Ap- plication for an elevated blood lead (EBL) level investigator certificate. (1) Each applicant for an elevated blood lead level investigator certificate shall be se…

Application process and require- ments for the certification of lead abatement workers. (a) Application for a lead abatement worker certificate. 1126 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-72-7a (1) Each applicant for a lead abatement worker certificate shall submit a completed …

Application process for reno- vators and requirements for certification in lead-safe work practices. (a) Application for renovator certification. (1) Each applicant seeking certification shall submit a completed application to KDHE before consideration for the certificate issuanc…

Application process and require- ments for the certification of lead abatement supervisors. (a) Application for a lead abatement supervisor certificate. (1) Each applicant for a lead abatement super- visor certificate shall submit a completed applica- tion to KDHE before consider…

Application for the certification of project designers. (a) Application for a proj- ect designer certificate. (1) Each applicant for a project designer cer- tificate shall submit a completed application to KDHE before consideration for certificate issu- ance. Each application for…

Definitions.(a)“Act”meansK.S.A. 65-1,221 et seq. and amendments thereto. (b) “Applicant” means the owner, as defined in K.S.A. 65-1,222 (c) and amendments thereto, of an eligible property who submits to the secretary an application for approval of environmental use controls for t…

Application. (a) Each applicant shall submit an application to the secretary, as provided by the act and these regulations. (b) If an application is determined by the secre- tary to be incomplete, written notification shall be provided to the applicant by the secretary identi- fy…

Environmental use control agreements. (a) If the secretary approves an ap- plication for environmental use controls, an envi- ronmental use control agreement for the eligible property shall be issued by the secretary in a stan- dardized format that contains all of the following c…

Long-term care agreements for category 3 property. (a) As provided in K.S.A. 1151 Environmental Use Controls Program 28-73-5 65-1,226, and amendments thereto, a long-term care agreement between the secretary and the applicant shall be required for each category 3 property. (b) Ea…

Financial assurance. (a) Any ap- plicant requesting approval of an environmental use control for a category 3 property may be re- quired by the secretary to provide and maintain fi- nancial assurance in an amount equal to or greater than one or both of the following: (1) The esti…

Duration of environmental use controls. (a) Each environmental use control shall remain in effect in perpetuity, unless the secretary approves, in writing, the removal of an environmental use control or, by its own terms, the environmental use control agreement expires. (b) Any a…

Restrictions, prohibitions, and zoning requirements. (a) Restrictions, prohibi- tions, and zoning requirements placed on an eli- gible property by a local, state, or federal govern- ment may be approved by the secretary in lieu of 1153 Risk Management Program 28-74-2 or in additi…

Definitions. For purposes of this article, each of the following terms shall have the meaning specified in this regulation: (a) “Ac- ceptance” means that an application for the risk management program has been approved by the secretary and a risk management plan agreement has bee…

Application. (a) Each prospective participant shall submit a completed application to the secretary on a form provided by the depart- ment. Each application shall include the following information: (1) A map identifying the location of the site and the area within the site to whi…

Risk management plan. (a) Each risk management plan shall include the following: (1) Demonstration that all of the following con- ditions have been met: (A) The extent of the environmental contamina- tion has been determined; (B) the source reduction has been completed, if necess…

Risk management plan agree- ment.(a)PursuanttoK.S.A.2015Supp.65-34,176 and amendments thereto, a risk management plan agreement shall be required for each site. (b) Upon approval of a risk management plan, a risk management plan agreement shall be issued by the secretary and shal…

Authorization form. Pursuant to K.S.A. 65-6826 and amendments thereto, the Kansas department of health and environment’s form titled “authorization to disclose protected health information,” dated August 20, 2012, is hereby adopted by reference. (Authorized by and implementing K.…

(Authorized by K.S.A. 1969 Supp. 65-222; effective, E-69-4, Dec. 11, 1968; effective Jan. 1, 1970; revoked May 10, 1996.) MAINTENANCE AND USE OF MAUSOLEUMS

Burial structure above ground. Any person, firm or corporation desirous of constructing any burial structure which shall be wholly or in part above ground shall apply to the Kansas state department of health for a permit for such construction. (Authorized by K.S.A. 17- 1324; effe…

Application for permits. Appli- cation for permits for such construction shall be made on forms furnished by the state department of health and shall be accompanied by detailed plans and specifications in triplicate. (Authorized by K.S.A. 17-1324; effective Jan. 1, 1966.)

Secretary issue permit in tripli- cate. On approval of said plans and specifications for the proposed burial structure by the engineer of the department, the secretary shall issue a per- mit in triplicate for the construction, and shall send two copies of the permit, approved pla…

Embalming of dead bodies. No dead body shall be interred or deposited in any public mausoleum or private mausoleum of more than two crypts unless the body has first been em- balmed in compliance with recognized embalm- ing practice. (Authorized by K.S.A. 17-1324; ef- fective Jan.…

Details of burial structures. In the design of burial structures the following details must be included: (a) The structure must be so designed that each cell or crypt shall be readily accessible for inspec- tion by persons authorized to make such inspec- tion before final interme…

Individual mausoleums; approval of plans, specifications and testing of mate- rials. In the case of individual mausoleums, the permits issued by the department shall be a li- censetomanufacture.Anydeviationsfromtheap- proved plans and specifications must be approved in writing by…

Individual mausoleums; replace- ment of structure or parts thereof. Whenev- er the failure of one of these mausoleums caus- es offensive odors or effluvia to arise therefrom, and such failure comes to the attention of the department, the manufacturer shall be required to replace …

Individual mausoleums; revo- cation of permit. The permit may be revoked for cause upon notice to the manufacturer by the secretary of the board. (Authorized by K.S.A. 17- 1324; effective Jan. 1, 1966.) AROUND RESERVOIRS 28-10-1 to 28-10-13. (Authorized by K.S.A. 1965 Supp. 65-18…

(Authorized by K.S.A. 1975 Supp. 39- 708c; effective Jan. 1, 1967; amended Jan. 1, 1968; amended, E-72-23, July 28, 1972; amended Jan. 1, 1973; amended Jan. 1, 1974; amended May 1, 1975; revoked May 1, 1976.)

(Authorized by and implementing K.S.A. 39-708c; effective, E-74-43, Aug. 16, 1974; amended, E-74-44, Aug. 28, 1974; effective May 1,1975;amended,E-76-34,July1,1975;amended May 1, 1976; amended Feb. 15, 1977; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-79-20, …