Kan. Admin. Regs. 28-72 § K.A.R. 28-72-51

Definitions.

In Force
Verified 10/18/2026 · Next check 11/17/2026
effective 6/23/2000KansasLead-Based Paint

Operative Text

Kan. Admin. Regs. 28-72 § K.A.R. 28-72-51
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 definitions, shall apply:
(a) "Acknowledgment statement" means a form that is signed by the owner or occupant of housing confirming that the owner or occupant received a copy of the pamphlet and renovation notice before the renovation began.
(b) "Certificate of mailing" means a receipt from the postal service that provides evidence that the renovator mailed the pamphlet and a renovation notice to each owner or occupant. The pamphlet and renovation notice shall be mailed at least seven days before the start of renovation.
(c) "Compensation" means payment or goods received for services rendered. Payment may be in the form of money, goods, services, or bartering.
(d) "Emergency renovation operations" means unplanned renovation activities performed in response to a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard or threatens property with significant damage. Emergency renovation operations shall include renovations to repair damage from a tree that fell on a house and renovations to repair a water pipe break in an apartment complex.
(e) "EPA" is defined in K.A.R. 28-72-1e.
(f) "Housing for the elderly" means retirement or similar types of housing specifically reserved for households of one or more persons 62 years of age or older at the time the unit is first occupied.
(g) "Lead-based-paint-free housing" means target housing that has been determined by a certified inspector or certified risk assessor to be free of paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or 0.5 percent by weight.
(h) "Lessor" means any entity that offers target housing for lease, rent, or sublease, including the following:
(1) Individuals;
(2) partnerships;
(3) corporations;
(4) trusts;
(5) government agencies;
(6) housing agencies; and
(7) nonprofit organizations.
(i) "Minor repair and maintenance" means activities including the following:
(1) Performing minor electrical work that disturbs six square feet or less of painted surface per component;
(2) drilling holes in the wall to run an electrical line; or
(3) replacing a light fixture.
(j) "Occupant" means any person or entity that enters into an agreement to lease, rent, or sublease target housing or any person that inhabits target housing, including the following:
(1) Individuals;
(2) partnerships;
(3) corporations;
(4) trusts;
(5) government agencies;
(6) housing agencies; and
(7) nonprofit organizations.
(k) "Owner" means any person or entity that has legal title to housing, including the following:
(1) Individuals;
(2) partnerships;
(3) corporations;
(4) trusts;
(5) government agencies;
(6) housing agencies; and
(7) nonprofit organizations.
(l) "Pamphlet" has the meaning specified in 40 CFR 745.83 as adopted in K.A.R. 28-72-2.
(m) "Record of notification" means a written statement documenting the steps taken to provide pamphlets and renovation notices to occupants and owners in residential dwellings.
(n) "Renovation" has the meaning specified in 40 CFR 745.83 as adopted in K.A.R. 28-72-2.
(o) "Renovation firm" means any individual, organization, or entity that has met the requirements for licensing by KDHE as specified in K.A.R. 28-72-10a.
(p) "Renovation notice" means a notice of renovation activities to occupants and owners of residential dwellings. The notice shall describe the scope, location, and expected duration of the renovation activity.
(q) "Renovator" means a person who has received certification from the secretary, as specified in K.A.R. 28-72-7a, and is receiving compensation for a renovation.
(r) "Self-certification of delivery" means an alternative method of documenting the delivery of the pamphlet and renovation notice to the occupant. This method may be used whenever the occupant is unavailable or unwilling to sign a confirmation of receipt of pamphlet.
(s) "Supplemental renovation notice" means any additional notification that is required when the scope, location, or duration of a project changes.
(t) "Zero-bedroom dwelling" means any residential dwelling in which the living area is not separated from the sleeping area. This term shall include dormitory housing and military barracks. This term shall not include efficiency and studio apartments.
Source: Legislative text reproduced verbatim
Plain English

K.A.R. 28-72-51 establishes the working vocabulary for Kansas regulations governing lead-safe renovation practices in residential housing. It defines key terms—such as "renovation," "renovator," "occupant," "lessor," and "emergency renovation operations"—that determine how the broader rules in K.A.R. 28-72 apply to specific situations and parties. The definitions also clarify procedural concepts like the acknowledgment statement, certificate of mailing, and renovation notice, which are the documentation tools used to demonstrate compliance with pre-renovation notification requirements. Terms not defined here are governed by the definitions found in K.A.R. 28-72-1a through K.A.R. 28-72-1x.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Property owners and lessors operating under K.A.R. 28-72-51 should be familiar with how this section defines their role and obligations. The term "lessor" under this provision broadly includes individuals, corporations, nonprofits, and government entities that offer target housing for lease or sublease, meaning a wide range of ownership structures fall within the regulation's scope. Compliant operators typically ensure that renovation notices, pamphlets, acknowledgment statements, and records of notification are prepared and retained in accordance with the definitions set out in K.A.R. 28-72-51, since these documents form the foundation of the lead-safe renovation notification framework.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in target housing covered by K.A.R. 28-72-51 have an interest in understanding how this definitional section shapes their protections. Under this provision, an "occupant" is broadly defined to include any person who inhabits or enters into an agreement to lease target housing, which means most renters are entitled to receive a pamphlet and renovation notice before covered renovation work begins. Tenants who believe they did not receive required pre-renovation documentation—such as an acknowledgment statement or renovation notice as defined in K.A.R. 28-72-51—may wish to consult a tenant-rights organization or contact the Kansas Department of Health and Environment to understand 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.

Effective Timeline

Current
Jun 23, 2000
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

K.A.R. 28-72-10a
Not yet ingested
K.A.R. 28-72-7a
Not yet ingested

References In

Rules and statutes that cite this regulation

K.A.R. 28-72-2
K.A.R. 28-72-2
K.A.R. 28-72-2
K.A.R. 28-72-15
K.A.R. 28-72-14
K.A.R. 28-72-1p
K.A.R. 28-72-1a
K.A.R. 28-72-1x
K.A.R. 28-72-1e
K.A.R. 28-72-2
K.A.R. 28-72-2
K.A.R. 28-72-52
K.A.R. 28-72-53
K.A.R. 28-72-54

Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information