Kan. Admin. Regs. 28-72 § K.A.R. 28-72-18
Work practice standards; lead abatement.
Operative Text
(a) Except as provided in K.S.A. 65-1,203 and amendments thereto, a lead abatement shall be conducted only by an individual certified by KDHE and shall be conducted according to the procedures specified in this article. (b) A lead abatement supervisor shall be required for each lead abatement project and shall be on-site during all work-site preparation and during the postabatement cleanup of work areas. (1) At all other times when lead abatement activities are being conducted, the lead abatement supervisor shall be on-site or available by telephone, pager, or answering service and shall be able to be present at the work site in no more than one hour. (2) The lead abatement supervisor shall report to the work site during each lead abatement work practice standards inspection performed by KDHE. The lead activity firm that employs the lead abatement supervisor shall be subject to an abatement project reinspection fee if the lead abatement supervisor fails to be present at the work site as specified in this regulation. (c) The lead abatement supervisor and licensed lead activity firm employing that supervisor shall ensure that all lead abatement activities are conducted according to the requirements of the Kansas work practice standards in this article and all other federal, state, and local requirements. (d) Notification of the commencement of lead-based paint activities in a residential dwelling or child-occupied facility or as the result of a federal, state, or local order shall be given to KDHE before the commencement of abatement activities. The procedure for this notification shall be as follows: (1) Each person or lead activity firm conducting a lead abatement project in target housing or in any child-occupied facility shall submit a notification to KDHE at least 10 business days before the onset of the lead abatement project. (2) The notification shall be submitted to KDHE with a payment to KDHE for the nonrefundable project fee specified in K.A.R. 28-72-3. (3) The notification form provided to the department shall include the following: (A) The street address, city, state, zip code, and county of each location where lead abatement will occur; (B) the name, address, and telephone number of the property owner; (C) an indication of the type of structure or structures being abated, including single-family or multifamily dwelling, child-occupied facility, or any combination of these types; (D) the date of the onset of the lead abatement project; (E) the estimated completion date of the lead abatement project; (F) the work days and hours of operation during which the lead abatement project will be conducted; (G) the name, address, telephone number, and license number of the lead activity firm; (H) the name and certificate number of each lead abatement worker; (I) the type or types of lead abatement strategy or strategies that will be utilized, including enclosure, encapsulation, replacement, removal, or any combination of these strategies, and the specific locations within the unit where these strategies will be utilized; (J) the signature of each lead abatement supervisor, which shall certify that all information provided in the project notification is complete and true to the best of the supervisor's knowledge; and (K) a written certification from the lead abatement supervisor, which shall include a copy of the clearance report, within 10 days after successfully achieving clearance, that clearly states that all abatement control options were conducted in accordance with all local, state, and federal regulations, as well as in accordance with the preabatement notification letter submitted to KDHE. (e) Emergency notification. If the lead activity firm is unable to comply with the 10-day notification period due to an emergency situation, the lead activity firm shall perform the following: (1) Notify KDHE by telephone, facsimile, or electronic mail within 24 hours after the onset of the lead abatement project; and (2) submit written notification and payment of fees as described in subsection (d) no more than two business days after the onset of the lead abatement project. (f) A written occupant protection plan, which shall be unique to each residential dwelling or child-occupied facility, shall be developed before the lead abatement begins. The occupant protection plan shall describe the measures and management procedures that will be taken during the lead abatement to protect the building occupants from exposure to any lead-based paint hazards. (1) The certified lead abatement supervisor or project designer responsible for the project shall prepare the occupant protection plan. (2) The occupant protection plan shall meet the following requirements: (A) Describe the work practices and strategies that will be taken during the lead abatement project to protect the building occupants from exposure to any lead hazards; (B) include the results of any lead inspections or risk assessments completed before the commencement of the lead abatement project; (C) be provided to an adult occupant of each dwelling or dwelling unit being abated and to the property owner, or property owner's designated representative, before the commencement of the lead abatement project; and (D) be submitted to KDHE with the lead abatement project notification. (g) The work practices listed below shall be restricted as follows: (1) Open-flame burning or torching of lead-based paint shall be prohibited. (2) Machine sanding or grinding, or abrasive blasting or sandblasting of lead-based paint shall be prohibited unless used with high efficiency particulate air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency. (3) Dry scraping of lead-based paint shall be permitted only within 12 inches of electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway, or stairwell, or totaling no more than 20 square feet on exterior surfaces. (4) Operating a heat gun on lead-based paint shall be prohibited. (5) Hydro blasting or pressurized water washing of lead-based paint shall be prohibited. (6) The use of methylene chloride-based chemical strippers shall be prohibited. (7) Solvents that have flashpoints below 140 Fahrenheit shall be prohibited. (8) Enclosure strategies shall be prohibited if the barrier is not warranted by the manufacturer to last at least 20 years under normal conditions or if the primary barrier is not a solid barrier. (9) Encapsulation strategies shall be prohibited if the encapsulant is not warranted by the manufacturer to last at least 20 years under normal conditions or if the encapsulant has been improperly applied. (h) Permissible lead abatement project strategies. (1) The following strategies shall be permissible for lead abatement projects: (A) Replacement; (B) the use of an enclosure; (C) encapsulation; and (D) removal. (2) Each lead abatement strategy not specified in this article shall be submitted to and approved by KDHE for evaluation before implementation.
K.A.R. 28-72-18 establishes comprehensive work practice standards governing how lead abatement projects must be carried out in Kansas residential dwellings and child-occupied facilities. Under this regulation, abatement work may only be performed by KDHE-certified individuals, must be supervised by a certified lead abatement supervisor, and requires advance written notification to KDHE at least 10 business days before work begins—along with payment of a nonrefundable project fee. The rule also specifies which abatement methods are permitted or prohibited, mandates a written occupant protection plan tailored to each specific location, and requires a post-clearance certification submitted to KDHE within 10 days of successfully completing the project.
Plain English — not legal advice.
Property owners overseeing lead abatement work in Kansas should be aware that K.A.R. 28-72-18 places significant compliance obligations on the lead activity firm and certified supervisor they engage, but also requires the property owner's information to be included in the project notification submitted to KDHE. Compliant operators generally verify that the hired lead activity firm holds a valid KDHE license, that a certified supervisor will be on-site during preparation and post-abatement cleanup, and that the 10-business-day advance notification—along with the required fee—has been submitted before work begins. Landlords also typically ensure that an adult occupant of each affected dwelling unit receives a copy of the written occupant protection plan before abatement commences, as required by this regulation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
K.A.R. 28-72-18 provides occupants of residential dwellings and child-occupied facilities with meaningful procedural protections when lead abatement work is conducted on their property. Under this regulation, tenants are entitled to receive a written occupant protection plan—specific to their dwelling unit—before any abatement work begins, describing how they will be protected from lead-based paint hazards during the project. Tenants who believe these requirements have not been followed may consider contacting KDHE directly, reaching out to a local tenant-rights organization, or exploring whether a violation of this regulation is relevant to any existing housing complaint or legal proceeding.
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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