Minn. R. 4761 § 4761.2100
APPLICABILITY.
Operative Text
Subpart 1. Persons affected. Parts 4761.2000 to 4761.2700 apply to persons, including assessing agencies, that do regulated lead work in or for an affected property. Subp. 2. Exceptions. Parts 4761.2000 to 4761.2700 do not apply to: A. work that is performed for any purpose other than the express purpose of regulated lead work as defined in Minnesota Statutes, section 144.9501, subdivision 26a; B. an emergency shelter home or emergency shelter service; C. housing for the elderly or persons with disabilities unless at least one child resides or is expected to reside in the residence; D. a zero-bedroom residence, unless occupied by a child with an elevated blood lead level for which a lead risk assessment is required; E. a foster home occupied by a child for 90 days or less if an individual who is related, as defined in Minnesota Statutes, section 245A.02, subdivision 13, provides the foster care; F. a foster home occupied by a child for 30 days or less if the foster care is not provided by an individual who is related, as defined in Minnesota Statutes, section 245A.02, subdivision 13; G. a structure that is totally vacated within 30 days of the issuance of lead orders and that remains unoccupied until the structure is totally demolished. Demolition must be completed within two years of the date of the order; or H. chemical testing with a kit for the on-site, qualitative detection of lead.
Minnesota Rule 4761 § 4761.2100 establishes who is covered by the state's regulated lead work rules (Parts 4761.2000–4761.2700) and who is not. The rules apply broadly to any person or assessing agency performing regulated lead work in or for an affected property, but carve out specific situations—such as certain foster homes, elderly or disability housing without resident children, zero-bedroom units under most circumstances, structures slated for demolition, and emergency shelters—where the full lead-work requirements do not apply. The exceptions are narrowly defined, meaning most residential lead work situations will fall within the rules' reach.
Plain English — not legal advice.
Property owners and managers who hire or oversee regulated lead work should understand that Minn. R. 4761 § 4761.2100 makes the lead-work rules (Parts 4761.2000–4761.2700) the default standard for affected properties, with only limited exceptions. Compliant operators typically verify whether a specific property or situation qualifies for one of the enumerated exceptions—such as housing exclusively for elderly or disabled residents with no children present, or a structure under a demolition order that will be vacated within 30 days and demolished within two years—before treating a project as exempt. Operators generally document the basis for any claimed exception and confirm that the work being performed does not meet the definition of regulated lead work under Minnesota Statutes, section 144.9501, subdivision 26a.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in properties where lead work is being performed should know that Minn. R. 4761 § 4761.2100 extends the state's regulated lead work protections to most affected residential properties, including those where children reside. If a tenant believes lead work is being conducted without following the applicable rules under Parts 4761.2000–4761.2700, they may consider contacting the Minnesota Department of Health, which oversees lead-related regulations in the state, or reaching out to a local tenant-rights organization for general information about available options. Tenants in housing that may fall under one of the exceptions—such as certain foster care settings or elderly housing—can review whether children reside or are expected to reside in the unit, since that factor can determine whether the full rules apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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