Current through Register Vol. 43, No. 52, December 26, 2024
(a) Renovations in target housing. No more
than 60 days before beginning renovation activities in any residential dwelling
unit of target housing, the renovator shall perform the following:
(1) Provide the owner of the unit with the
pamphlet and renovation notice and comply with one of the following:
(A) Obtain, from the owner, a written
acknowledgment that the owner has received the pamphlet and renovation notice;
or
(B) obtain a certificate of
mailing at least seven days before the renovation; and
(2) if the owner does not occupy the dwelling
unit, provide an adult occupant of the unit with the pamphlet and renovation
notice, and comply with one of the following:
(A) Obtain from the adult occupant a written
acknowledgment that the occupant has received the pamphlet and renovation
notice, or certify in writing that the pamphlet and renovation notice have been
delivered to the dwelling and that the renovator has been unsuccessful in
obtaining a written acknowledgment from an adult occupant. This certification
shall include the following:
(i) The address
of the unit undergoing renovation;
(ii) the date and method of delivery of the
pamphlet and renovation notice;
(iii) the names of persons delivering the
pamphlet and renovation notice;
(iv) the reasons for lack of acknowledgment,
including the occupant's refusal to sign and unavailability of adult
occupants;
(v) the signature of the
renovator; and
(vi) the date of
signature; or
(B) obtain
a certificate of mailing at least seven days before the renovation.
(b) Renovations in
common areas. No more than 60 days before beginning renovation activities in
common areas of multifamily housing, the renovator shall perform the following:
(1) Provide the owner with the pamphlet and
renovation notice and comply with one of the following:
(A) Obtain from the owner a written
acknowledgment that the owner has received the pamphlet and renovation notice;
or
(B) obtain a certificate of
mailing at least seven days before the renovation;
(2) provide a pamphlet and a renovation
notice to each unit of the multifamily housing before the start of renovation.
This notification shall be accomplished by distributing written notice to each
affected unit. The notice from the renovator shall describe the general nature
and locations of the planned renovation activities and the expected starting
and ending dates; and
(3) if the
scope, location, or expected starting and ending dates of planned renovation
activities change after the initial notification, provide further written
notification to the owners and occupants providing revised information on the
ongoing or planned activities. This subsequent notification shall be provided
before the renovator initiates work beyond that which was described in the
original notice.
(c)
Written acknowledgment. Sample language for the written acknowledgments
required in paragraphs (a)(1)(A), (a)(2)(A), and (b)(1)(A) shall be provided by
the KDHE upon request from the renovator. These acknowledgments shall be
written in the same language as that in the text of the contract agreement for
the renovation or, in the case of non-owner-occupied target housing, in the
same language as that in the lease or rental agreement or the pamphlet and
shall include the following:
(1) A statement
recording the owner or occupant's name and acknowledging receipt of the
pamphlet and renovation notice before the start of renovation, the address of
the unit undergoing renovation, the signature of the owner or occupant as
applicable, and the date of the signature; and
(2) either a separate sheet or part of any
written contract or service agreement for the renovation.
(d) Lead poisoning prevention poster.
(1) Each commercial establishment that offers
paint or supplies intended for the removal or application of paint shall
display, in a conspicuous location near the painting supplies, a poster
containing a warning statement, with the following information at a minimum:
(A) The dry sanding and the dry scraping of
paint in dwellings built before 1978 are dangerous.
(B) The improper removal of old paint is a
significant source of lead dust and the primary cause of lead
poisoning.
(C) Renovators are
required by regulation to notify owners and occupants of the hazards associated
with lead paint before doing work.
The commercial establishment shall also include contact
information so that consumers and renovators can obtain more
information.
(2)
Sample posters and materials that commercial establishments may use to comply
with this subsection shall be available from KDHE.
(e) Compliance. A commercial establishment
shall be deemed to be in compliance with this regulation if the commercial
establishment displays the lead poisoning prevention poster as required in
subsection (d) and makes the pamphlet available to its customers.