Operative Text
(a) Except as provided in subsection (b) of this regulation, this article and the requirements of 40 CFR 745.80 through 745.91, as adopted in K.A.R. 28-72-2, shall apply to all renovation of target housing performed for compensation. (b) This article shall not apply to renovation activities that are limited to any of the following: (1) Minor repair and maintenance activities, including minor electrical work and plumbing, that disrupt six square feet or less of painted surface per component; (2) emergency renovation operations; or (3) if the renovator has obtained a copy of the determination, any renovation in target housing in which a written determination has been made by an inspector or risk assessor who has been certified in accordance with this article that the components affected by the renovation are free of paint and other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
K.A.R. 28-72-52 establishes which renovation projects in Kansas must follow the lead-safe work practice rules set out in K.A.R. 28-72 and the corresponding federal standards at 40 CFR 745.80–745.91. The rule covers all compensated renovation work on target housing—generally pre-1978 homes and child-occupied facilities—but carves out three categories: minor repairs disturbing no more than six square feet of painted surface per component, emergency renovation operations, and projects where a certified inspector or risk assessor has documented in writing that the affected components are free of lead-based paint at or above the regulatory threshold. When one of those exemptions applies, the full article's requirements do not govern the work.
Plain English — not legal advice.
Property owners and managers who hire contractors for renovation work on target housing in Kansas should be aware that K.A.R. 28-72-52 triggers lead-safe renovation requirements for virtually all compensated work unless a specific exemption applies. Compliant operators typically verify whether the scope of work qualifies as a minor repair (six square feet or fewer of painted surface per component), constitutes an emergency operation, or is supported by a written lead-free determination from a certified inspector or risk assessor before assuming the article does not apply. Retaining copies of any such written determinations and confirming that hired renovators are certified under K.A.R. 28-72 are practices associated with meeting the regulation's expectations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in target housing—typically homes built before 1978—have an interest in knowing that K.A.R. 28-72-52 generally requires renovation contractors working for compensation to follow Kansas lead-safe work practice rules, with only narrow exceptions for small-scale repairs, emergencies, or documented lead-free components. If a renovation is underway and a tenant believes the lead-safe requirements under K.A.R. 28-72 may not be being followed, they can document their concerns and explore options such as contacting the Kansas Department of Health and Environment, which administers the K.A.R. 28-72 program, or reaching out to a tenant-rights organization for guidance. Understanding which exemptions apply—and whether a certified inspector's written determination exists—can help tenants assess whether the work in their home falls within or outside the regulation's coverage.
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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