31-134.Adoption of rules and regulations,procedure; distribution;fees; remittance; designated as fire prevention code; judicial review.(a) Any rules and regulations adopted by the state fire marshal underthis act shall comply with the provisions of K.S.A. 77-415 et seq.,and amendments thereto, except that:
(1) In addition to the method of providing notice of the public hearingprescribed by K.S.A. 77-421, and amendments thereto, such notice shallbepublished three times in at least two newspapers of general circulation, withthe last published notice to appear not less than 15 days prior to the publichearing.
(2) The state fire marshal shall make available for general distributionupon request copies of any nationally recognized code adopted by reference,marked so as to indicate the provisions thereof which have been so adopted. Thestate fire marshal may charge a fee for the copies in an amount equal to thecost of the copies and their distribution. Upon collection of any such fees,the state fire marshal shall remitto the statetreasurersuch fees inaccordance with the provisions of K.S.A. 75-4215, and amendments thereto.The state treasurer shall deposit the entire amount inthe state treasury. The state treasurer shall credit 20% ofeach such deposit to the state general fund and shall credit the remainder ofeach such deposit to the fire marshal fee fund.
(3) In addition to the filing requirements of K.S.A. 77-416, andamendmentsthereto, the state fire marshal shall publish all such rules and regulationsand make the same available for distribution to the general public uponrequest, but the fire marshal shall not be required to republish the provisionsof any nationally recognized code adopted by reference if such provisions aremade available for general distribution upon request to the fire marshal'soffice.
(b) The rules and regulations adopted by the state fire marshal underauthority of this act shall be known and may be cited as the Kansas fireprevention code. Such rules and regulations shall have uniform force andeffect throughout the state. No municipality shall enact or enforce anyordinance, resolution or rule or regulation inconsistent therewith, exceptthat nothing in this act shall be construed to impair the power of anymunicipality to regulate the use of land by zoning or fire districtregulations or to prohibit or regulate the sale, handling, use or storageof fireworks within its boundaries. Whenever a question shall arise as towhether another state statute or an enactment of a municipality isinconsistent with the provisions of the fire prevention code, it shall bethe duty of the state fire marshal to make such determination after ahearing thereon with all interested parties conducted in accordance withthe provisions of the Kansas administrative procedure act. Any action ofthe state fire marshal pursuant to this section is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
31-134.Adoption of rules and regulations,procedure; distribution;fees; remittance; designated as fire prevention code; judicial review.(a) Any rules and regulations adopted by the state fire marshal underthis act shall comply with the provisions of K.S.A. 77-415 et seq.,and amendments thereto, except that:
(1) In addition to the method of providing notice of the public hearingprescribed by K.S.A. 77-421, and amendments thereto, such notice shallbepublished three times in at least two newspapers of general circulation, withthe last published notice to appear not less than 15 days prior to the publichearing.
(2) The state fire marshal shall make available for general distributionupon request copies of any nationally recognized code adopted by reference,marked so as to indicate the provisions thereof which have been so adopted. Thestate fire marshal may charge a fee for the copies in an amount equal to thecost of the copies and their distribution. Upon collection of any such fees,the state fire marshal shall remitto the statetreasurersuch fees inaccordance with the provisions of K.S.A. 75-4215, and amendments thereto.The state treasurer shall deposit the entire amount inthe state treasury. The state treasurer shall credit 20% ofeach such deposit to the state general fund and shall credit the remainder ofeach such deposit to the fire marshal fee fund.
(3) In addition to the filing requirements of K.S.A. 77-416, andamendmentsthereto, the state fire marshal shall publish all such rules and regulationsand make the same available for distribution to the general public uponrequest, but the fire marshal shall not be required to republish the provisionsof any nationally recognized code adopted by reference if such provisions aremade available for general distribution upon request to the fire marshal'soffice.
(b) The rules and regulations adopted by the state fire marshal underauthority of this act shall be known and may be cited as the Kansas fireprevention code. Such rules and regulations shall have uniform force andeffect throughout the state. No municipality shall enact or enforce anyordinance, resolution or rule or regulation inconsistent therewith, exceptthat nothing in this act shall be construed to impair the power of anymunicipality to regulate the use of land by zoning or fire districtregulations or to prohibit or regulate the sale, handling, use or storageof fireworks within its boundaries. Whenever a question shall arise as towhether another state statute or an enactment of a municipality isinconsistent with the provisions of the fire prevention code, it shall bethe duty of the state fire marshal to make such determination after ahearing thereon with all interested parties conducted in accordance withthe provisions of the Kansas administrative procedure act. Any action ofthe state fire marshal pursuant to this section is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
31-134.Adoption of rules and regulations,procedure; distribution;fees; remittance; designated as fire prevention code; judicial review.(a) Any rules and regulations adopted by the state fire marshal underthis act shall comply with the provisions of K.S.A. 77-415 et seq.,and amendments thereto, except that:
(1) In addition to the method of providing notice of the public hearingprescribed by K.S.A. 77-421, and amendments thereto, such notice shallbepublished three times in at least two newspapers of general circulation, withthe last published notice to appear not less than 15 days prior to the publichearing.
(2) The state fire marshal shall make available for general distributionupon request copies of any nationally recognized code adopted by reference,marked so as to indicate the provisions thereof which have been so adopted. Thestate fire marshal may charge a fee for the copies in an amount equal to thecost of the copies and their distribution. Upon collection of any such fees,the state fire marshal shall remitto the statetreasurersuch fees inaccordance with the provisions of K.S.A. 75-4215, and amendments thereto.The state treasurer shall deposit the entire amount inthe state treasury. The state treasurer shall credit 20% ofeach such deposit to the state general fund and shall credit the remainder ofeach such deposit to the fire marshal fee fund.
(3) In addition to the filing requirements of K.S.A. 77-416, andamendmentsthereto, the state fire marshal shall publish all such rules and regulationsand make the same available for distribution to the general public uponrequest, but the fire marshal shall not be required to republish the provisionsof any nationally recognized code adopted by reference if such provisions aremade available for general distribution upon request to the fire marshal'soffice.
(b) The rules and regulations adopted by the state fire marshal underauthority of this act shall be known and may be cited as the Kansas fireprevention code. Such rules and regulations shall have uniform force andeffect throughout the state. No municipality shall enact or enforce anyordinance, resolution or rule or regulation inconsistent therewith, exceptthat nothing in this act shall be construed to impair the power of anymunicipality to regulate the use of land by zoning or fire districtregulations or to prohibit or regulate the sale, handling, use or storageof fireworks within its boundaries. Whenever a question shall arise as towhether another state statute or an enactment of a municipality isinconsistent with the provisions of the fire prevention code, it shall bethe duty of the state fire marshal to make such determination after ahearing thereon with all interested parties conducted in accordance withthe provisions of the Kansas administrative procedure act. Any action ofthe state fire marshal pursuant to this section is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
