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Statutes > Kansas > Chapter65 > Article5 > Statutes_25367

65-530

Chapter 65.--PUBLIC HEALTH
Article 5.--MATERNITY CENTERS AND CHILD CARE FACILITIES

      65-530.   Smoking prohibited in day care homes.(a) As used in this section:

      (1)   "Day care home" means a day care home as defined under Kansasadministrative regulation 28-4-113, a group day care home as defined underKansas administrative regulation 28-4-113 and a family day care home as definedunder K.S.A. 65-517 and amendments thereto.

      (2)   "Smoking" means possession of a lighted cigarette, cigar, pipe orburning tobacco in any other form or device designed for the use of tobacco.

      (b)   Smoking withinany room, enclosed area or other enclosed space ofa facility or facilities of a day care home during a timewhen children who are not related by blood, marriage or legal adoption to theperson who maintains the home are being cared for, as part of the operation ofthe day care home, within the facility orfacilities is hereby prohibited.Nothing in this subsection shall be construed to prohibit smoking on thepremises of the day care home outside thefacility or facilities of a day care home, including but not limited toporches, yards or garages.

      (c)   Each day care home registration certificate or license shall contain astatement in bold print that smoking is prohibited within a room, enclosed areaor other enclosed space of the facility orfacilities of the day care home under the conditions specified in subsection(b). The statement shall be phrased in substantially the same language assubsection (b). The registration certificate or license shall be posted in aconspicuous place in the facility or facilities.

      (d)   The secretary of health and environment may levy a civil fine underK.S.A. 65-526 and amendments thereto against any day care home for a first orsecond violation of this section. A third or subsequent violation shall besubject to the provisions of K.S.A. 65-523 and amendments thereto.

      History:   L. 1994, ch. 279, § 26; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article5 > Statutes_25367

65-530

Chapter 65.--PUBLIC HEALTH
Article 5.--MATERNITY CENTERS AND CHILD CARE FACILITIES

      65-530.   Smoking prohibited in day care homes.(a) As used in this section:

      (1)   "Day care home" means a day care home as defined under Kansasadministrative regulation 28-4-113, a group day care home as defined underKansas administrative regulation 28-4-113 and a family day care home as definedunder K.S.A. 65-517 and amendments thereto.

      (2)   "Smoking" means possession of a lighted cigarette, cigar, pipe orburning tobacco in any other form or device designed for the use of tobacco.

      (b)   Smoking withinany room, enclosed area or other enclosed space ofa facility or facilities of a day care home during a timewhen children who are not related by blood, marriage or legal adoption to theperson who maintains the home are being cared for, as part of the operation ofthe day care home, within the facility orfacilities is hereby prohibited.Nothing in this subsection shall be construed to prohibit smoking on thepremises of the day care home outside thefacility or facilities of a day care home, including but not limited toporches, yards or garages.

      (c)   Each day care home registration certificate or license shall contain astatement in bold print that smoking is prohibited within a room, enclosed areaor other enclosed space of the facility orfacilities of the day care home under the conditions specified in subsection(b). The statement shall be phrased in substantially the same language assubsection (b). The registration certificate or license shall be posted in aconspicuous place in the facility or facilities.

      (d)   The secretary of health and environment may levy a civil fine underK.S.A. 65-526 and amendments thereto against any day care home for a first orsecond violation of this section. A third or subsequent violation shall besubject to the provisions of K.S.A. 65-523 and amendments thereto.

      History:   L. 1994, ch. 279, § 26; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article5 > Statutes_25367

65-530

Chapter 65.--PUBLIC HEALTH
Article 5.--MATERNITY CENTERS AND CHILD CARE FACILITIES

      65-530.   Smoking prohibited in day care homes.(a) As used in this section:

      (1)   "Day care home" means a day care home as defined under Kansasadministrative regulation 28-4-113, a group day care home as defined underKansas administrative regulation 28-4-113 and a family day care home as definedunder K.S.A. 65-517 and amendments thereto.

      (2)   "Smoking" means possession of a lighted cigarette, cigar, pipe orburning tobacco in any other form or device designed for the use of tobacco.

      (b)   Smoking withinany room, enclosed area or other enclosed space ofa facility or facilities of a day care home during a timewhen children who are not related by blood, marriage or legal adoption to theperson who maintains the home are being cared for, as part of the operation ofthe day care home, within the facility orfacilities is hereby prohibited.Nothing in this subsection shall be construed to prohibit smoking on thepremises of the day care home outside thefacility or facilities of a day care home, including but not limited toporches, yards or garages.

      (c)   Each day care home registration certificate or license shall contain astatement in bold print that smoking is prohibited within a room, enclosed areaor other enclosed space of the facility orfacilities of the day care home under the conditions specified in subsection(b). The statement shall be phrased in substantially the same language assubsection (b). The registration certificate or license shall be posted in aconspicuous place in the facility or facilities.

      (d)   The secretary of health and environment may levy a civil fine underK.S.A. 65-526 and amendments thereto against any day care home for a first orsecond violation of this section. A third or subsequent violation shall besubject to the provisions of K.S.A. 65-523 and amendments thereto.

      History:   L. 1994, ch. 279, § 26; July 1.