However, the legs are just 1.27mm apart......and obviously the pads will have rest-rings, -this will mean that the collector and emitter copper will be separated by just 1.8mm......and surely that is below the required minimum spacing of 3mm required for between positive and negative of the rectified DC Bus?
However, i am sure many offline smps use KSP44 in their designs...so how are they getting away with it?
For the PCB footprint, you are free to bend the TO-92 pins to achieve the spacing of your choice.
At the case side, you have however 0.8 mm creepage distance between B and C terminal which will hardly comply with most of the existing standards, e.g. IEC 1010, even for the lowest pollution degree. Experience suggests however, that the case side is less susceptible to creepage and flashover than the PCB side.