Kan. Admin. Regs. 28-72 § K.A.R. 28-72-2
General requirements for accreditation, licensure, and certification; adoption by reference.
Operative Text
(a) Waiver. Any applicant for certification and any certified individual may authorize others, including the applicant's or individual's employer, to act on the applicant's or individual's behalf regarding the certification application. This authorization shall be indicated on the application form provided by KDHE. If at any time the applicant or certified individual decides to change this authorization, the applicant or certified individual shall notify KDHE in writing of the change. (b) Change of address. Each certified individual shall notify KDHE in writing of a change of mailing address no later than 30 days following the change. Each lead activity firm shall notify KDHE in writing of a change in business mailing address no later than 30 days following the change. Until a change of address is received, all correspondence shall be mailed to the individual's mailing address and the lead activity firm's business address indicated on the most recent application form. (c) Prior out-of-state certification. A lead occupation certificate may be issued by the secretary to any person if both of the following conditions are met: (1) The person meets the following requirements: (A) Has submitted a complete application; (B) has taken the required third-party exam for the discipline applied for and received a passing score; and (C) has provided proof of certification from another state, if KDHE has entered into an agreement with that state or if that state is a current EPA program state. (2) All individual certification fees have been paid. (d) Adoption by reference. (1) 40 CFR 745.80 through 745.90, as in effect on July 1, 2008, are adopted by reference, except as specified in paragraph (d)(2). For the purpose of this regulation, each reference in the adopted CFRs to "EPA" shall mean "KDHE," and each reference to "administrator" shall mean "secretary." (2) The following portions of 40 CFR 745.80 through 40 CFR 745.90 are not adopted: (A) 40 CFR 745.81 and 40 CFR 745.82(c); (B) in 40 CFR 745.83, the following terms and their definitions: child occupied facility, component or building component, interim controls, recognized test kit, renovator, and training hour; (C) 40 CFR 745.85(a)(3)(iii). The use of a heat gun to remove lead-based paint shall not be allowed; (D) 40 CFR 745.86(b)(6) and (c); (E) 40 CFR 745.87; (F) 40 CFR 745.88; (G) 40 CFR 745.89; (H) 40 CFR 745.90(a), (b)(6), and (c); (I) 40 CFR 745.91; and (J) 40 CFR 745.225(c)(6)(vii).
K.A.R. 28-72-2 establishes administrative and procedural requirements for individuals and firms involved in lead-related activities in Kansas. It covers how applicants may authorize representatives to act on their behalf, requires timely written notification to KDHE when mailing addresses change, and sets out the conditions under which out-of-state lead certifications may be recognized. The regulation also incorporates specific federal EPA standards from 40 CFR 745.80–745.90 (as of July 1, 2008) into Kansas law, with notable exceptions—including a prohibition on using heat guns to remove lead-based paint.
Plain English — not legal advice.
Under K.A.R. 28-72-2, property owners and managers who employ or contract with certified lead activity professionals should be aware that those individuals and their firms are required to keep KDHE informed of any address changes within 30 days. Compliant lead activity firms maintain current business mailing addresses on file with KDHE and ensure that any work involving lead-based paint adheres to the adopted federal standards, minus the excluded provisions. Operators should also confirm that any lead professionals they hire hold valid Kansas certifications, including those obtained through recognized out-of-state programs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
K.A.R. 28-72-2 helps ensure that the professionals and firms conducting lead-related work in Kansas meet established certification and procedural standards, which is relevant to tenants living in housing where lead hazard activities may occur. If a tenant has concerns about whether lead work in their home is being performed by properly certified individuals, they may contact KDHE directly, as the agency oversees certification records and compliance under this provision. Tenant-rights organizations can also help residents understand what certified lead activity work should look like and what options may be available if standards appear not to have been followed.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API