31-133.Fire marshal; power and duties; rules andregulations.(a) The state fire marshal shall adopt reasonable rules and regulations,consistent with the provisions of this act, for the safeguarding of life andproperty from fire, explosion and hazardous materials. Such rules andregulations shall include, but not be limited to the following:
(1) The keeping, storage, use, sale, handling, transportation or otherdisposition of highly flammable materials, including crude petroleum or any ofits products, natural gas for use in motor vehicles, and of explosives,including gunpowder, dynamite, fireworks and firecrackers; and any such rulesand regulations may prescribe the materials and construction of receptacles andbuildings to be used for any of such purposes;
(2) the transportation of liquid fuel over public highways in order toprovide for the public safety in connection therewith;
(3) the construction, maintenance and regulation of exits and fire escapesfrom buildings and all other places in which people work, live or congregatefrom time to time for any purpose, including apartment houses, as defined byK.S.A. 31-132a, and amendments thereto. Such rules and regulations shall notapply to buildings used wholly as dwelling houses containing no more than twofamilies;
(4) the installation and maintenance of equipment intended for fire control,detection and extinguishment in all buildings and other places in which personswork, live or congregate from time to time for any purpose, including apartmenthouses as defined by K.S.A. 31-132a, and amendments thereto. Such rules andregulations shall not apply to buildings used wholly as dwelling housescontaining no more than two families;
(5) requiring administrators of public and private schools and educationalinstitutions, except community colleges, colleges and universities, to conductat least one fire drill each month at some time during school hours, aside fromthe regular dismissal at the close of the day's session, and prescribing themanner in which such fire drill is to be conducted;
(6) procedures for the reporting of fires and explosions occurring within thestate and for the investigation thereof;
(7) procedures for reporting by health care providers of treatment of secondand third degree burn wounds involving 20% or more of the victim's body andrequiring hospitalization of the victim, which reporting is hereby authorizednotwithstanding any provision of K.S.A. 60-427, and amendments thereto, to thecontrary;
(8) requiring administrators of public and private schools and educationalinstitutions, except community colleges, colleges and universities, toestablish tornado procedures, which procedures shall provide for at least threetornado drills to be conducted each year at some time during school hours,aside from the regular dismissal at the close of the day's session, shalldescribe the manner in which such tornado drills are to be conducted, and shallbe subject to approval by the state fire marshal;
(9) requiring administrators of community colleges, colleges and universitiesto establish tornado procedures, which procedures shall be subject to approvalby the director of the disaster agency of the county;
(10) the development and implementation of a statewide system of hazardousmaterials assessment and response;
(11) the use of pyrotechnics, pyrotechnic devices and pyrotechnicmaterials; and
(12) other safeguards, protective measures or meansadapted to render inherently safe from the hazards of fire or the loss of lifeby fire any building or other place in which people work, live or congregatefrom time to time for any purpose, except buildings used wholly as dwellinghouses containing no more than two families.
(b) Any rules and regulations of the state fire marshal adopted pursuant tothis section may incorporate by reference specific editions, or portionsthereof, of nationally recognized fire prevention codes.
(c) The rules and regulations adopted pursuant to this section shall allowfacilities in service prior to the effective date of such rules andregulations, and not in strict conformity therewith, to continue in service, solong as such facilities are not determined by the state fire marshal toconstitute a distinct hazard to life or property. Any such determination shallbe subject to the appeal provisions contained in K.S.A. 31-140, and amendmentsthereto.
History: L. 1972, ch. 157, § 2; L. 1974, ch. 172, § 1; L. 1975, ch.219, § 1; L. 1975, ch. 220, § 1; L. 1976, ch. 200, § 1; L. 1982, ch. 168, §1; L. 1985, ch. 128, § 1; L. 1988, ch. 127, § 1;L. 1999, ch. 65, § 1;L. 2004, ch. 1, § 7; Mar. 4.
31-133.Fire marshal; power and duties; rules andregulations.(a) The state fire marshal shall adopt reasonable rules and regulations,consistent with the provisions of this act, for the safeguarding of life andproperty from fire, explosion and hazardous materials. Such rules andregulations shall include, but not be limited to the following:
(1) The keeping, storage, use, sale, handling, transportation or otherdisposition of highly flammable materials, including crude petroleum or any ofits products, natural gas for use in motor vehicles, and of explosives,including gunpowder, dynamite, fireworks and firecrackers; and any such rulesand regulations may prescribe the materials and construction of receptacles andbuildings to be used for any of such purposes;
(2) the transportation of liquid fuel over public highways in order toprovide for the public safety in connection therewith;
(3) the construction, maintenance and regulation of exits and fire escapesfrom buildings and all other places in which people work, live or congregatefrom time to time for any purpose, including apartment houses, as defined byK.S.A. 31-132a, and amendments thereto. Such rules and regulations shall notapply to buildings used wholly as dwelling houses containing no more than twofamilies;
(4) the installation and maintenance of equipment intended for fire control,detection and extinguishment in all buildings and other places in which personswork, live or congregate from time to time for any purpose, including apartmenthouses as defined by K.S.A. 31-132a, and amendments thereto. Such rules andregulations shall not apply to buildings used wholly as dwelling housescontaining no more than two families;
(5) requiring administrators of public and private schools and educationalinstitutions, except community colleges, colleges and universities, to conductat least one fire drill each month at some time during school hours, aside fromthe regular dismissal at the close of the day's session, and prescribing themanner in which such fire drill is to be conducted;
(6) procedures for the reporting of fires and explosions occurring within thestate and for the investigation thereof;
(7) procedures for reporting by health care providers of treatment of secondand third degree burn wounds involving 20% or more of the victim's body andrequiring hospitalization of the victim, which reporting is hereby authorizednotwithstanding any provision of K.S.A. 60-427, and amendments thereto, to thecontrary;
(8) requiring administrators of public and private schools and educationalinstitutions, except community colleges, colleges and universities, toestablish tornado procedures, which procedures shall provide for at least threetornado drills to be conducted each year at some time during school hours,aside from the regular dismissal at the close of the day's session, shalldescribe the manner in which such tornado drills are to be conducted, and shallbe subject to approval by the state fire marshal;
(9) requiring administrators of community colleges, colleges and universitiesto establish tornado procedures, which procedures shall be subject to approvalby the director of the disaster agency of the county;
(10) the development and implementation of a statewide system of hazardousmaterials assessment and response;
(11) the use of pyrotechnics, pyrotechnic devices and pyrotechnicmaterials; and
(12) other safeguards, protective measures or meansadapted to render inherently safe from the hazards of fire or the loss of lifeby fire any building or other place in which people work, live or congregatefrom time to time for any purpose, except buildings used wholly as dwellinghouses containing no more than two families.
(b) Any rules and regulations of the state fire marshal adopted pursuant tothis section may incorporate by reference specific editions, or portionsthereof, of nationally recognized fire prevention codes.
(c) The rules and regulations adopted pursuant to this section shall allowfacilities in service prior to the effective date of such rules andregulations, and not in strict conformity therewith, to continue in service, solong as such facilities are not determined by the state fire marshal toconstitute a distinct hazard to life or property. Any such determination shallbe subject to the appeal provisions contained in K.S.A. 31-140, and amendmentsthereto.
History: L. 1972, ch. 157, § 2; L. 1974, ch. 172, § 1; L. 1975, ch.219, § 1; L. 1975, ch. 220, § 1; L. 1976, ch. 200, § 1; L. 1982, ch. 168, §1; L. 1985, ch. 128, § 1; L. 1988, ch. 127, § 1;L. 1999, ch. 65, § 1;L. 2004, ch. 1, § 7; Mar. 4.
31-133.Fire marshal; power and duties; rules andregulations.(a) The state fire marshal shall adopt reasonable rules and regulations,consistent with the provisions of this act, for the safeguarding of life andproperty from fire, explosion and hazardous materials. Such rules andregulations shall include, but not be limited to the following:
(1) The keeping, storage, use, sale, handling, transportation or otherdisposition of highly flammable materials, including crude petroleum or any ofits products, natural gas for use in motor vehicles, and of explosives,including gunpowder, dynamite, fireworks and firecrackers; and any such rulesand regulations may prescribe the materials and construction of receptacles andbuildings to be used for any of such purposes;
(2) the transportation of liquid fuel over public highways in order toprovide for the public safety in connection therewith;
(3) the construction, maintenance and regulation of exits and fire escapesfrom buildings and all other places in which people work, live or congregatefrom time to time for any purpose, including apartment houses, as defined byK.S.A. 31-132a, and amendments thereto. Such rules and regulations shall notapply to buildings used wholly as dwelling houses containing no more than twofamilies;
(4) the installation and maintenance of equipment intended for fire control,detection and extinguishment in all buildings and other places in which personswork, live or congregate from time to time for any purpose, including apartmenthouses as defined by K.S.A. 31-132a, and amendments thereto. Such rules andregulations shall not apply to buildings used wholly as dwelling housescontaining no more than two families;
(5) requiring administrators of public and private schools and educationalinstitutions, except community colleges, colleges and universities, to conductat least one fire drill each month at some time during school hours, aside fromthe regular dismissal at the close of the day's session, and prescribing themanner in which such fire drill is to be conducted;
(6) procedures for the reporting of fires and explosions occurring within thestate and for the investigation thereof;
(7) procedures for reporting by health care providers of treatment of secondand third degree burn wounds involving 20% or more of the victim's body andrequiring hospitalization of the victim, which reporting is hereby authorizednotwithstanding any provision of K.S.A. 60-427, and amendments thereto, to thecontrary;
(8) requiring administrators of public and private schools and educationalinstitutions, except community colleges, colleges and universities, toestablish tornado procedures, which procedures shall provide for at least threetornado drills to be conducted each year at some time during school hours,aside from the regular dismissal at the close of the day's session, shalldescribe the manner in which such tornado drills are to be conducted, and shallbe subject to approval by the state fire marshal;
(9) requiring administrators of community colleges, colleges and universitiesto establish tornado procedures, which procedures shall be subject to approvalby the director of the disaster agency of the county;
(10) the development and implementation of a statewide system of hazardousmaterials assessment and response;
(11) the use of pyrotechnics, pyrotechnic devices and pyrotechnicmaterials; and
(12) other safeguards, protective measures or meansadapted to render inherently safe from the hazards of fire or the loss of lifeby fire any building or other place in which people work, live or congregatefrom time to time for any purpose, except buildings used wholly as dwellinghouses containing no more than two families.
(b) Any rules and regulations of the state fire marshal adopted pursuant tothis section may incorporate by reference specific editions, or portionsthereof, of nationally recognized fire prevention codes.
(c) The rules and regulations adopted pursuant to this section shall allowfacilities in service prior to the effective date of such rules andregulations, and not in strict conformity therewith, to continue in service, solong as such facilities are not determined by the state fire marshal toconstitute a distinct hazard to life or property. Any such determination shallbe subject to the appeal provisions contained in K.S.A. 31-140, and amendmentsthereto.
History: L. 1972, ch. 157, § 2; L. 1974, ch. 172, § 1; L. 1975, ch.219, § 1; L. 1975, ch. 220, § 1; L. 1976, ch. 200, § 1; L. 1982, ch. 168, §1; L. 1985, ch. 128, § 1; L. 1988, ch. 127, § 1;L. 1999, ch. 65, § 1;L. 2004, ch. 1, § 7; Mar. 4.
