Kan. Stat. Ann. § 58-1405

Waiver of requirements.

In Force
Verified 10/27/2026 · Next check 11/3/2026
effective 10/18/2026KansasLead-Based Paint

Operative Text

Kan. Stat. Ann. § 58-1405
(a) Upon application therefor, the director may waive any requirement of K.S.A. 58-1402, and amendments thereto. Applications for a waiver shall be submitted to the director. If the director determines that such compliance is financially or environmentally impractical, the director may waive such requirement. The director shall render a decision regarding any application submitted pursuant to this section within 60 days of receipt thereof.

(b) Unless otherwise provided by rules and regulations adopted by the director, proceedings to consider a waiver under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.

(c) Appeals from the decision of the director shall be governed by the provisions of the Kansas judicial review act.
Source: Legislative text reproduced verbatim
Plain English

Under Kan. Stat. Ann. § 58-1405, Kansas law establishes a formal process by which the director of the relevant state agency may waive specific requirements otherwise imposed by § 58-1402. A waiver may be granted when the director finds that compliance would be financially or environmentally impractical. The director must issue a decision within 60 days of receiving a waiver application, and any party dissatisfied with that decision may appeal under the Kansas judicial review act.

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

Plain English — not legal advice.

For Property Managers

Kan. Stat. Ann. § 58-1405 gives property owners or managers a potential avenue to seek relief from certain § 58-1402 requirements by submitting a formal waiver application to the director. Operators who believe compliance would be financially or environmentally impractical generally document that position thoroughly when preparing their application. Because proceedings follow the Kansas administrative procedure act and appeals follow the Kansas judicial review act, compliant operators typically maintain records of all submissions and correspondence with the director.

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

For Tenants

Kan. Stat. Ann. § 58-1405 means that a landlord may have obtained a formal waiver excusing them from one or more requirements that would otherwise apply under § 58-1402. Tenants who want to understand whether such a waiver has been granted in their building can inquire with the director's office, since the process is governed by the Kansas administrative procedure act and creates an official record. Tenant-rights organizations can help explain what a granted or denied waiver means for the protections that remain in place.

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
Oct 18, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

K.S.A. § 58-1402
K.S.A. § 58-1402
K.S.A. § 58-1405
K.S.A. § 58-1402

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

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Fetched:Oct 27, 2026, 01:12 AM UTC