Kan. Admin. Regs. § 28-72-51 - Definitions
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.
(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.
(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.
Notes
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