31-144.School buildings; definition; inspection;correction of violations; closing in lieu of repair;judicial review.(a) As used in this act, "school building" means any building orstructure operated or used for any purpose by, or located upon the landof, any school district, community college district, areavocational school, areavocational-technical school, institution under the state board ofregents or any private or nonpublic school, college or university,whether or not operated for profit. The term school building does notinclude within its meaning any single-family dwelling or duplex constructedas part of a vocational education program or construction trades classif such single-family dwelling or duplex is to be sold, after itsconstruction, for private use.
(b) All school buildings shall be inspected at least once each year.In all cities of the first and second class in which there is afull-time fire chief or full-time fire inspector, the inspection of theschool buildings shall be conducted by such chief or inspector. The chiefor inspector shallreport the findings from the inspection to the state fire marshal within 30days after such inspection. In all other cases, school buildings shall beinspected by the state fire marshal or the fire marshal'sauthorized assistants.
(c) The state fire marshal shall order the governing body havingcontrol of any school building or facility thereof to correct anycondition in such building or facility which is in violation of thisact, or any condition which the fire marshal deems dangerous, orwhich in any wayprevents a speedy exit from such building. After any such order isrendered, such governing body shall make the changes required to complytherewith. A board of education of any school district is herebyauthorized to make expenditures from its general fund or capital outlayfund to comply with such order, or the board may issue no-fund warrantsin such amounts as are necessary to pay expenses incurred in complyingwith such order. Such no-fund warrants shall be issued, registered, paidand redeemed and bear interest as provided by K.S.A. 79-2940, andamendments thereto,except that the approval of the state court of tax appealsshall not be required. Such warrants shall recite that they are issued by theboard of education of the school district under authority of this act. Anyboard of education issuing warrants hereunder shall make a tax levy atthe same time as other tax levies are made, after such warrants areissued, sufficient to pay such warrants and the interest thereon.
(d) Whenever a board of education receives an order from the statefire marshal pursuant to subsection (c), the board, inlieu of repairing or remodeling the school building or facility as orderedby thestate fire marshal, may close such building or facility asan attendancecenter. Whenever any board of educationfinds that any such order of the state fire marshal involves a cost inexcess of that which the board of education finds the school districtcan afford, or that the changes ordered are unwarranted or unnecessary,the board may petition for review of such orderin the district court of the homecounty of such school district. Upon receiving such petition, the districtcourt shall appoint three disinterested commissioners, one of whomshall be a licensed architect. The commissioners shall inspect thebuilding or facility affected by the order and report to the court itsfindings of fact as to the necessity for the improvements or changesordered by the state fire marshal, together with the estimated cost ofeach such improvement or change and such other recommendations as thecommissioners deem advisable. Upon receiving such findings of fact andrecommendations, or any other evidence relating to thepetition for review, the courtshall enter its order affirming, reversing or modifying the order of thestate fire marshal. Such order of the court may be reviewed by theappellate courts in the samemanner as other orders and judgments ofthe district court may be reviewed.
(e) Except as provided in subsection (d), any action of the state firemarshal pursuant to this section is subject to review in accordance withthe act for judicial review and civil enforcement of agency actions.
31-144.School buildings; definition; inspection;correction of violations; closing in lieu of repair;judicial review.(a) As used in this act, "school building" means any building orstructure operated or used for any purpose by, or located upon the landof, any school district, community college district, areavocational school, areavocational-technical school, institution under the state board ofregents or any private or nonpublic school, college or university,whether or not operated for profit. The term school building does notinclude within its meaning any single-family dwelling or duplex constructedas part of a vocational education program or construction trades classif such single-family dwelling or duplex is to be sold, after itsconstruction, for private use.
(b) All school buildings shall be inspected at least once each year.In all cities of the first and second class in which there is afull-time fire chief or full-time fire inspector, the inspection of theschool buildings shall be conducted by such chief or inspector. The chiefor inspector shallreport the findings from the inspection to the state fire marshal within 30days after such inspection. In all other cases, school buildings shall beinspected by the state fire marshal or the fire marshal'sauthorized assistants.
(c) The state fire marshal shall order the governing body havingcontrol of any school building or facility thereof to correct anycondition in such building or facility which is in violation of thisact, or any condition which the fire marshal deems dangerous, orwhich in any wayprevents a speedy exit from such building. After any such order isrendered, such governing body shall make the changes required to complytherewith. A board of education of any school district is herebyauthorized to make expenditures from its general fund or capital outlayfund to comply with such order, or the board may issue no-fund warrantsin such amounts as are necessary to pay expenses incurred in complyingwith such order. Such no-fund warrants shall be issued, registered, paidand redeemed and bear interest as provided by K.S.A. 79-2940, andamendments thereto,except that the approval of the state court of tax appealsshall not be required. Such warrants shall recite that they are issued by theboard of education of the school district under authority of this act. Anyboard of education issuing warrants hereunder shall make a tax levy atthe same time as other tax levies are made, after such warrants areissued, sufficient to pay such warrants and the interest thereon.
(d) Whenever a board of education receives an order from the statefire marshal pursuant to subsection (c), the board, inlieu of repairing or remodeling the school building or facility as orderedby thestate fire marshal, may close such building or facility asan attendancecenter. Whenever any board of educationfinds that any such order of the state fire marshal involves a cost inexcess of that which the board of education finds the school districtcan afford, or that the changes ordered are unwarranted or unnecessary,the board may petition for review of such orderin the district court of the homecounty of such school district. Upon receiving such petition, the districtcourt shall appoint three disinterested commissioners, one of whomshall be a licensed architect. The commissioners shall inspect thebuilding or facility affected by the order and report to the court itsfindings of fact as to the necessity for the improvements or changesordered by the state fire marshal, together with the estimated cost ofeach such improvement or change and such other recommendations as thecommissioners deem advisable. Upon receiving such findings of fact andrecommendations, or any other evidence relating to thepetition for review, the courtshall enter its order affirming, reversing or modifying the order of thestate fire marshal. Such order of the court may be reviewed by theappellate courts in the samemanner as other orders and judgments ofthe district court may be reviewed.
(e) Except as provided in subsection (d), any action of the state firemarshal pursuant to this section is subject to review in accordance withthe act for judicial review and civil enforcement of agency actions.
31-144.School buildings; definition; inspection;correction of violations; closing in lieu of repair;judicial review.(a) As used in this act, "school building" means any building orstructure operated or used for any purpose by, or located upon the landof, any school district, community college district, areavocational school, areavocational-technical school, institution under the state board ofregents or any private or nonpublic school, college or university,whether or not operated for profit. The term school building does notinclude within its meaning any single-family dwelling or duplex constructedas part of a vocational education program or construction trades classif such single-family dwelling or duplex is to be sold, after itsconstruction, for private use.
(b) All school buildings shall be inspected at least once each year.In all cities of the first and second class in which there is afull-time fire chief or full-time fire inspector, the inspection of theschool buildings shall be conducted by such chief or inspector. The chiefor inspector shallreport the findings from the inspection to the state fire marshal within 30days after such inspection. In all other cases, school buildings shall beinspected by the state fire marshal or the fire marshal'sauthorized assistants.
(c) The state fire marshal shall order the governing body havingcontrol of any school building or facility thereof to correct anycondition in such building or facility which is in violation of thisact, or any condition which the fire marshal deems dangerous, orwhich in any wayprevents a speedy exit from such building. After any such order isrendered, such governing body shall make the changes required to complytherewith. A board of education of any school district is herebyauthorized to make expenditures from its general fund or capital outlayfund to comply with such order, or the board may issue no-fund warrantsin such amounts as are necessary to pay expenses incurred in complyingwith such order. Such no-fund warrants shall be issued, registered, paidand redeemed and bear interest as provided by K.S.A. 79-2940, andamendments thereto,except that the approval of the state court of tax appealsshall not be required. Such warrants shall recite that they are issued by theboard of education of the school district under authority of this act. Anyboard of education issuing warrants hereunder shall make a tax levy atthe same time as other tax levies are made, after such warrants areissued, sufficient to pay such warrants and the interest thereon.
(d) Whenever a board of education receives an order from the statefire marshal pursuant to subsection (c), the board, inlieu of repairing or remodeling the school building or facility as orderedby thestate fire marshal, may close such building or facility asan attendancecenter. Whenever any board of educationfinds that any such order of the state fire marshal involves a cost inexcess of that which the board of education finds the school districtcan afford, or that the changes ordered are unwarranted or unnecessary,the board may petition for review of such orderin the district court of the homecounty of such school district. Upon receiving such petition, the districtcourt shall appoint three disinterested commissioners, one of whomshall be a licensed architect. The commissioners shall inspect thebuilding or facility affected by the order and report to the court itsfindings of fact as to the necessity for the improvements or changesordered by the state fire marshal, together with the estimated cost ofeach such improvement or change and such other recommendations as thecommissioners deem advisable. Upon receiving such findings of fact andrecommendations, or any other evidence relating to thepetition for review, the courtshall enter its order affirming, reversing or modifying the order of thestate fire marshal. Such order of the court may be reviewed by theappellate courts in the samemanner as other orders and judgments ofthe district court may be reviewed.
(e) Except as provided in subsection (d), any action of the state firemarshal pursuant to this section is subject to review in accordance withthe act for judicial review and civil enforcement of agency actions.
