Kan. Admin. Regs. 28-72 § K.A.R. 28-72-17
Work practice standards; elevated blood lead level investigation risk assessments.
Operative Text
(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 of age; (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. (l) The verified findings of the environmental investigation and the lead hazard control notice shall not be used to the detriment of occupants by the owner of the property. The failure of any person to comply with the lead hazard control notice shall be considered a violation of K.S.A. 65-1,210, and amendments thereto, and the person shall be subject to the penalties provided in that statute.
K.A.R. 28-72-17 establishes the procedural requirements for conducting an elevated blood lead (EBL) level investigation risk assessment in Kansas. A certified KDHE inspector must gather background information, collect samples from paint, dust, soil, and potentially water, and submit a report to the state within 20 days of completing the investigation. If KDHE determines that lead hazards on the property contributed to a child's elevated blood lead level, the state secretary issues a lead hazard control notice to the property owner and occupants outlining required remediation steps. Failure to comply with that notice constitutes a violation of K.S.A. 65-1,210 and exposes the non-compliant party to statutory penalties.
Plain English — not legal advice.
Under K.A.R. 28-72-17, property owners who receive a lead hazard control notice from the KDHE secretary are required to carry out specific remediation actions by a stated deadline and demonstrate successful completion using the method specified in the notice. Compliant operators typically document all remediation work, maintain records of abatement and interim control measures, and cooperate with KDHE's review process. Critically, subsection (l) of this provision prohibits owners from using the investigation findings or the control notice against occupants — for example, as a basis for eviction or other adverse action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
K.A.R. 28-72-17 provides important protections for households with a child who has an elevated blood lead level, including an explicit prohibition in subsection (l) against a property owner using the investigation findings or lead hazard control notice to the detriment of occupants. If a lead hazard control notice is issued and the owner fails to comply, that failure is treated as a violation of K.S.A. 65-1,210, which carries statutory penalties. Tenants who believe their landlord is not complying with a notice, or who feel they are being penalized for the investigation, may consider filing a complaint with KDHE or reaching out to a local tenant-rights organization for general guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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