reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-302 Neglect to repair or rebuild.

29-302.
Neglect to repair or rebuild.
If any party neglect to repair or rebuild a partition fence, or the portion thereof which he ought to maintain, the aggrieved party may complain to the fence viewers, who, after due notice to each party, shall examine the same, and if they determine that the fence is insufficient, shall signify it, in writing, to the delinquent occupant of the land, and direct him to repair or rebuild the same within such time as they may judge reasonable.
History:
G.S. 1868, ch. 40, § 9; October 31; R.S. 1923, 29-302.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-303 Complainant may repair or rebuild, when; recovery; attorney's fee.

29-303.
Complainant may repair or rebuild, when; recovery; attorney's fee.
If such fence be not repaired or rebuilt accordingly, the complainant may repair or rebuild it, and the same being adjudged sufficient by the fence viewers, and the value thereof, with their fees, being ascertained by them and certified under their hands, the complainant may demand of the owner of the land where the fence was deficient, the sum so ascertained; and in case of neglect to pay the same for one month after written demand, may recover it, with interest at the rate of one percent per month, by action in any court of competent jurisdiction. In any such action the court shall allow the prevailing party a reasonable sum for attorney's fee.
History:
G.S. 1868, ch. 40, § 10; R.S. 1923, 29-303; L. 1949, ch. 270, § 3; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-304 Controversies; settlement by fence viewers.

29-304.
Controversies; settlement by fence viewers.
When any controversy shall arise about the rights of the respective owners in partition fences, or their obligations to keep up and maintain the same in good repair, and if they cannot agree among themselves, either party may apply to the fence viewers of the township in which such fence may be situated, who, after a reasonable notice to the other party, shall proceed, on application as aforesaid, to view such fence, and assign to each party, in writing, his equal share or part of such partition fence, to be by him kept up and maintained in good repair; which assignment shall be recorded by the register of deeds of the county in a book to be provided for that purpose, and shall be final, conclusive and binding upon the parties, and upon all the succeeding occupants of the lands, and they shall be obliged thereafter to maintain their respective portions of said fence.
History:
G.S. 1868, ch. 40, § 11; October 31; R.S. 1923, 29-304.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-305 Failure to erect or maintain assigned part; recovery of cost and attorney's fee.

29-305.
Failure to erect or maintain assigned part; recovery of cost and attorney's fee.
If a party neglect or refuse to erect or maintain the part of the fence assigned him by the fence viewers, it may be erected and maintained by the aggrieved party in the manner before provided, and he shall be entitled to recover the ascertained cost thereof, with interest at the rate of one percent per month and a reasonable attorney's fee to be fixed and allowed by the court, by action in any court of competent jurisdiction; and the amount recovered, with costs, shall be a lien against the land chargeable with the same.
History:
G.S. 1868, ch. 40, § 12; L. 1901, ch. 218, § 1; R.S. 1923, 29-305; L. 1949, ch. 270, § 4; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-306 Assignment of viewers; agreement between owners of adjoining land; recordation.

29-306.
Assignment of viewers; agreement between owners of adjoining land; recordation.
All assignments of the fence viewers shall be certified and signed by them and shall contain a certain description of the lands divided by such partition fence and the names of the owners thereof. Any agreement entered into prior to the effective date of this act between the owners of adjoining land in relation to the division of partition fences between them shall also contain a pertinent description of such lands, and such agreement, acknowledged or proved as conveyances of land, may be recorded in the office of the register of deeds of the proper county in the same manner as an assignment of fence viewers. Any agreement or modification of an existing agreement entered into on or after the effective date of this act between the owners of adjoining land in relation to the division of partition fences between them shall also contain a pertinent description of such lands, and such agreement, acknowledged or proved as conveyances of land, shall be recorded in the office of the register of deeds of the proper county in the same manner as an assignment of fence viewers. Any such assignment or agreement, duly recorded as provided in this article, shall be binding upon the parties and all succeeding owners of the lands.
History:
G.S. 1868, ch. 40, § 13; R.S. 1923, 29-306; L. 1985, ch. 127, § 1; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-307 Party building more than his share.

29-307.
Party building more than his share.
When in any controversy between owners of adjoining lands as to their respective rights in any partition fence, it shall appear to the fence viewers that either of the owners had, before any complaint made to them, voluntarily erected the whole fence, or more than his just share of the same, or otherwise become proprietor thereof, the other occupant shall pay for so much as may be assigned to him to repair or maintain, the value of which shall be ascertained and recovered in the manner hereinbefore provided.
History:
G.S. 1868, ch. 40, § 14; October 31; R.S. 1923, 29-307.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-308 Partition fences to be kept in good repair.

29-308.
Partition fences to be kept in good repair.
All partition fences shall be kept in good repair throughout the year, unless the owners of the land on both sides otherwise agree.
History:
G.S. 1868, ch. 40, § 15; October 31; R.S. 1923, 29-308.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-309 What occupants not required to contribute towards partition fence.

29-309.
What occupants not required to contribute towards partition fence.
No person not wishing his land enclosed, and not occupying or using it otherwise than in common, shall be compelled to contribute to erect or maintain any fence dividing between his land and that of an adjacent owner; but when he encloses or uses his land otherwise than in common, he shall contribute to the partition fence as in this act is provided.
History:
G.S. 1868, ch. 40, § 16; October 31; R.S. 1923, 29-309.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-310 Proceedings when one common owner desires to occupy land in severalty.

29-310.
Proceedings when one common owner desires to occupy land in severalty.
When lands owned in severalty have been enclosed in common without a partition fence, and one of the owners is desirous to occupy his land in severalty and the other refuses or neglects, on demand, to divide the line where the fence should be built, or to build a sufficient fence on his part of the line when divided, the party desiring it may notify the fence viewers who shall give written notice to both owners that unless said owners agree on the erection of said fence, the viewers will, in not less than twenty nor more than 40 days, divide and assign said line and, in writing, assign a reasonable time (having regard to the season of the year) for making the fence; and if either party neglect to comply with the decision of the viewers within the time assigned, the other party, after making his own part, may make the other part, and recover the ascertained value thereof, with interest at the rate of one percent per month, together with the fees of the fence viewers as above provided and a reasonable attorney's fee to be fixed and allowed by the court.
History:
G.S. 1868, ch. 40, § 17; R.S. 1923, 29-310; L. 1949, ch. 270, § 5; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-311 Throwing land open.

29-311.
Throwing land open.
When one party shall desire to throw his land open and leave it unenclosed, he shall not take away any part of the partition fence belonging to him and adjoining the next enclosure, if the owner or occupant of such enclosure will, within two months after the same shall be ascertained, pay therefor such sum as the fence viewers shall, in writing, under their hands, determine to be the value of such partition fence belonging to such party.
History:
G.S. 1868, ch. 40, § 18; October 31; R.S. 1923, 29-311.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-312 Rights of party not improving land adjoining partition fence.

29-312.
Rights of party not improving land adjoining partition fence.
If any person shall determine not to improve any part of his land adjoining any partition fence that may have been divided according to the provisions of this act, and shall give six months' notice, in writing (provided such notice be served between the first day of July and the first of October), of such determination to all the adjoining owners or occupants of lands, he shall not be required to keep up or maintain any part of such fence during the time his lands shall lie open and unimproved; and he may thereafter remove his portion thereof, if the owner or occupant of the adjoining land will not pay therefor as provided in the preceding section.
History:
G.S. 1868, ch. 40, § 19; October 31; R.S. 1923, 29-312.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-313 Owner enclosing his unenclosed land shall pay for one half of partition fence.

29-313.
Owner enclosing his unenclosed land shall pay for one half of partition fence.
When land which has been unenclosed is enclosed, the owner thereof shall pay for one half of each partition fence between his land and the adjoining lands, the value to be ascertained and stated in writing, under their hands, by the fence viewers, in case the parties cannot agree; and if the owner enclosing as aforesaid shall neglect, for sixty days after the value has been so ascertained and demand made, to pay the same, the owners of such partition fences may recover, with interest, as hereinbefore provided; or the party enclosing may, at his election, rebuild and make half of each of such partition fences, and if he neglect so to do for sixty days after making such election, he shall be liable as before provided.
History:
G.S. 1868, ch. 40, § 20; October 31; R.S. 1923, 29-313.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-314 Fence on boundary line between counties; viewers.

29-314.
Fence on boundary line between counties; viewers.
If the line upon which a partition fence is to be made or to be divided is the boundary line between counties or if such line is partly in one county and partly in another, two of the fence viewers shall be the chairpersons of the board of county commissioners of the respective counties. If such commissioners cannot agree, they shall select a third commissioner from the county fence viewers in the two counties, and their assignment, in order to be binding and effectual, must be recorded, as hereinbefore provided, in each of such counties. A county commissioner may appoint a designee to serve as a fence viewer in place of such commissioner.
History:
G.S. 1868, ch. 40, § 21; R.S. 1923, 29-314; L. 1949, ch. 270, § 6; L. 2005, ch. 78, § 2; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-315 Owner defined; notice; liability to tenant or occupant.

29-315.
Owner defined; notice; liability to tenant or occupant.
The word "owner," under the provisions of this act, shall be held to include and apply to the occupant or tenant, when the owner does not reside within the county; and no proceedings under this act shall bind the owner, unless he shall be notified; but he shall be liable to the occupant or tenant for the cost and expense of erecting and maintaining, under the provisions of this chapter, any partition fence upon the line of his land, unless there in a special agreement to the contrary.
History:
G.S. 1868, ch. 40, § 22; October 31; R.S. 1923, 29-315.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-316 Fence may be built on partition line; removal.

29-316.
Fence may be built on partition line; removal.
A person building a fence may lay the same upon the line between his own land and the land adjacent, so that the fence may be partly on one side of such line and partly on the other; and the owner shall have the same right to remove it as if it were wholly on his own land.
History:
G.S. 1868, ch. 40, § 23; October 31; R.S. 1923, 29-316.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-317 Partition fence wholly on one side of line.

29-317.
Partition fence wholly on one side of line.
The foregoing provisions concerning partition fences shall apply to fences standing wholly upon one side of the division line, and used as a partition fence.
History:
G.S. 1868, ch. 40, § 24; October 31; R.S. 1923, 29-317.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-318 Fence on line between townships where hogs prohibited from running at large in one and not the other; damages.

29-318.
Fence on line between townships where hogs prohibited from running at large in one and not the other; damages.
In all cases where fences are built upon township lines, between townships in one of which hogs are prohibited from running at large and in the other of which they are not prohibited from running at large, such fence shall be built in the manner prescribed in the first article of this act* for fences in townships where hogs are not prohibited from running at large: Provided, That the owner of any hogs shall be liable for all damages sustained by any person in consequence of such hogs crossing such township lines by way of the highway.
History:
G.S. 1868, ch. 40, § 25; October 31; R.S. 1923, 29-318.
2023 Kansas Statutes › Chapter 29 - Fences › Article 3 - Partition Fences › 29-319 Making partition fence hog-tight.

29-319.
Making partition fence hog-tight.
Whenever any owner of land enclosed in part by a partition fence desires to make hog-tight any part of the fence enclosing his premises, constructed or maintained by the owner of the adjoining land, he may attach to such partition fence, in a secure and workmanlike manner, woven wire at least two feet in height, so as to prevent hogs from getting through such fence.
History:
L. 1905, ch. 264, § 1; June 8; R.S. 1923, 29-319.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-401 Liability for neglect to maintain or repair portion of partition fences.

29-401.
Liability for neglect to maintain or repair portion of partition fences.
If any person liable to contribute to the erection of a partition fence shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be out of repair, he shall not be allowed to have and maintain any action for damages incurred, but shall be liable to pay to the party injured all such damages as shall accrue to his lands and the crops, fruit trees and shrubbery thereon, and fixtures connected with the said land, such damage to be assessed by the fence viewers, on application of the party injured, one day's notice in writing having been first given to the party liable, either by delivering to him personally or by copy left at his usual place of abode, that such application for assessment of damages had been made, and the time when the fence viewers would attend to make such assessment.
History:
G.S. 1868, ch. 40, § 26; October 31; R.S. 1923, 29-401.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-402 Domestic animals breaking into enclosure.

29-402.
Domestic animals breaking into enclosure.
If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic animals, shall break into any enclosure, and the owner or occupant thereof shall consider himself aggrieved thereby, such person may apply to the fence viewers of the township in which such enclosure may be situate, having first given at least one day's notice, in writing, to the owner or keeper of such trespassing animal, if known to him, or by leaving a written notice at the place of abode of such person, of his intended application, and also of the time when the fence viewers will attend to examine the fence and investigate the subject of damages; and the said fence viewers shall forthwith repair to the place where such injury shall have been done, and there diligently examine the fence over or through which such trespassing animal shall have broken or entered into any such enclosure.
History:
G.S. 1868, ch. 40, § 27; October 31; R.S. 1923, 29-402.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-403 Assessment of damages by fence viewers.

29-403.
Assessment of damages by fence viewers.
If in the opinion of said fence viewers such fence is a good and sufficient fence, according to the provisions of this act, they shall proceed, upon view and inquiry, to assess the damages sustained by such applicant from such trespassing animal or animals; which assessment, including the sum due for their services, they shall make out and certify, in writing, subscribe their names thereto, and deliver the same to the person sustaining such damage; and all expenses of the view shall be borne equally between the parties interested, except in case of a view to appraise damages for neglect or refusal to make or maintain a just proportion of a division fence, in which case the costs of view shall be paid by the party in default, to be recovered as a part of the damages assessed.
History:
G.S. 1868, ch. 40, § 28; October 31; R.S. 1923, 29-403.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-404 Recovery by civil action of damages assessed; attorney's fee.

29-404.
Recovery by civil action of damages assessed; attorney's fee.
If any party against whom damages shall be assessed by the fence viewers under the provisions of this act shall fail or refuse to pay the damages so assessed, after the same shall have been demanded, and after receiving a copy of such assessment made by the fence viewers as aforesaid, the same may be recovered by civil action in any court of competent jurisdiction; and in all such actions the assessments of the fence viewers, subscribed by them, shall be received in all courts as prima facie evidence of the amount of damages actually sustained by the party in whose favor given and in all such actions the court shall fix and allow to the prevailing party a reasonable attorney's fee.
History:
G.S. 1868, ch. 40, § 29; R.S. 1923, 29-404; L. 1949, ch. 270, § 7; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-405 Fence not of proper height or kind; costs.

29-405.
Fence not of proper height or kind; costs.
If the fence viewers shall be of opinion that such fence is not of the height and sufficiency required by this act, the person calling upon them to examine the same shall pay all the costs of such view and examination, to be recovered in a civil action in the name of the said fence viewers, with costs of suit, in the district court of the county in which the defendant may reside.
History:
G.S. 1868, ch. 40, § 30; R.S. 1923, 29-405; L. 1977, ch. 105, § 12; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-406 Removal of fence built upon land of another by mistake; damages.

29-406.
Removal of fence built upon land of another by mistake; damages.
When a person has made a fence on an enclosure which afterwards, on making division lines, is found to be on lands of another, and the same has occurred through mistake, such first person may enter upon the land of the other and remove his fence and material within six months after such line has been run, upon his first paying or offering to pay the other party for any damages to the soil which may be occasioned thereby; and when the parties cannot agree as to the damage, the fence viewers may determine it as in other cases.
History:
G.S. 1868, ch. 40, § 31; October 31; R.S. 1923, 29-406.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-407 Limitations on removal.

29-407.
Limitations on removal.
But such fence shall not be removed, if it was made of timber or other material taken from the land on which it is built, until the party pays to the owner of the land the value of the timber or other material, to be ascertained by the fence viewers; nor shall a fence be removed at a time when the removal will throw open or expose the crop of the other party, but it shall be removed within a reasonable time after the crop is secured, although the six months above specified have passed.
History:
G.S. 1868, ch. 40, § 32; October 31; R.S. 1923, 29-407.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-408 Taking trespassing animals into possession.

29-408.
Taking trespassing animals into possession.
If any of the animals mentioned in this act break free of their lawful enclosure, and trespass on land owned by another person, the owner or occupant of the land may take into possession such animal trespassing, and keep the same until damages, with reasonable charges for feeding and keeping, and all costs of suit, be paid, to be recovered in any court of competent jurisdiction.
History:
G.S. 1868, ch. 40, § 33; R.S. 1923, 29-408; L. 1986, ch. 195, § 8; July 1.
2023 Kansas Statutes › Chapter 29 - Fences › Article 4 - Miscellaneous Provisions › 29-409 Cruelty to domestic animals; damages.

29-409.
Cruelty to domestic animals; damages.
If any person or corporation shall hurt, wound, kill, lame or destroy, or cause to be hurt, wounded, killed, lamed or destroyed, by running over or against, shooting, worrying with dogs, or otherwise, any of the animals mentioned in this act, when such animals are upon premises which are not enclosed with a sufficient fence as prescribed in this act, or when any such animals are upon the unenclosed premises of any such person or corporation, such person or corporation so offending shall satisfy and pay the owner of any such animal or animals full damages therefor, with costs.
History:
G.S. 1868, ch. 40, § 34; October 31; R.S. 1923, 29-409.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-132 Fire safety and prevention; definitions.

31-132.
Fire safety and prevention; definitions.
As used in this act, unless the context otherwise requires:
(a) "Person" means an individual, partnership, corporation or other association.
(b) "Nationally recognized code" or "nationally recognized fire prevention code" means any published compilation of rules and regulations relating to fire prevention which have been prepared by a nationally recognized technical trade or service association. For the purposes of this act, the fire prevention codes of the national fire protection association and standards of the American national standards institute shall constitute examples of nationally recognized fire prevention codes.
(c) "Municipality" means any incorporated city, any county or any other political subdivision of this state.
(d) "Nationally recognized building code" means any published compilation of rules and regulations relating to building construction which have been prepared by a nationally recognized technical trade or service association.
History: L. 1972, ch. 157, § 1; L. 1980, ch. 120, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-132a Fire safety and prevention; apartment house, defined.

31-132a.
Fire safety and prevention; apartment house, defined.
Every building or other structure, together with any building or structure used in connection therewith, kept, used, maintained, advertised, or held out to the public to be a place where furnished or unfurnished living accommodations other than sleeping accommodations for transient guests may be rented as a single room or as a suite of rooms, containing three (3) or more single units or suites, or both, regardless of the number of tenants therein, and regardless of whether any such room or suite of rooms is occupied by an owner or operator of such a building or structure, shall, for the purpose of this act, be deemed an apartment house.
History:
L. 1975, ch. 220, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-133a Fire extinguishers; inspection, installation or service, certification by state fire marshal; rules and regulations; fees.

31-133a. Fire extinguishers; inspection, installation or service, certification by state fire marshal; rules and regulations; fees.
(a) No business shall inspect, install or service portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment without first being certified by the state fire marshal.
(b) (1) The state fire marshal shall adopt rules and regulations as provided in K.S.A. 31-134, and amendments thereto, establishing standards for inspection, installation, servicing and testing procedures and minimum insurance requirements of businesses inspecting, installing or servicing portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment. The rules and regulations shall provide for qualifications and training of any person or persons designated by such business as the person or persons upon whose qualifications and training the certification of the business is based and shall require submission of proof, satisfactory to the state fire marshal, that such qualifications and training have been met.
(2) The rules and regulations shall further provide for annual certification of such businesses. No fee shall be charged for each certification. No fee shall be charged for any person who is an officer or employee of the state or political or taxing subdivision when that person is acting on behalf of the state or political or taxing subdivision. If the person or persons upon whose qualifications and training the certification of the business is based leave such business, the certification of that business is void.
(c) Inspection or service of any portable fire extinguisher or automatic fire extinguisher for commercial cooking equipment by any business who is not certified by the state fire marshal as required by this section shall constitute a deceptive act or practice under the Kansas consumer protection act and shall be subject to the remedies and penalties provided by such act.
(d) As used in this section:
(1) "Automatic fire extinguisher for commercial cooking equipment" means any automatic fire extinguisher mounted directly above or in the ventilation canopy of commercial cooking equipment.
(2) "Business" means any person who inspects, services or installs portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment but does not include: (A) Any person or authorized agent of the person who installs a portable fire extinguisher for protection of the person's own property or business; or (B) any individual acting as a representative or employee of a certified business.
History:
L. 1980, ch. 119, § 1; L. 1982, ch. 169, § 1; L. 1990, ch. 135, § 1; L. 1992, ch. 220, § 1; L. 2001, ch. 5, § 95; L. 2011, ch. 53, § 12; L. 2016, ch. 34, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-134a Same; compliance with certain building codes deemed compliance with fire prevention code.

31-134a.
Same; compliance with certain building codes deemed compliance with fire prevention code.
(a) A building shall be deemed to comply with the Kansas fire prevention code if the building conforms to one of the following building codes, has been issued a certificate of occupancy and conforms to any special requirements of the Kansas fire prevention code which are not covered by such building code:
(1) The 1976 or 1979 edition of the uniform building code;
(2) the 1975 or 1978 edition of the basic building code (B.O.C.A.);
(3) the 1976 or 1979 edition of the standard building code (also known as the southern standard building code); or
(4) the 2000 edition of the international building code.
(b) The state fire marshal shall adopt rules and regulations specifying those subsequent editions of the codes enumerated in subsection (a) and those editions of other nationally recognized building codes which the state fire marshal has determined provide protection equivalent to that of the Kansas fire prevention code.
(c) This section shall be part of and supplemental to K.S.A. 31-132 to 31-150, inclusive, and K.S.A. 31-150a, and amendments thereto.
History:
L. 1980, ch. 120, § 2; L. 2000, ch. 6, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-135 Advisory committees to assist fire marshal; membership; no compensation.

31-135.
Advisory committees to assist fire marshal; membership; no compensation.
Whenever it is deemed necessary, the state fire marshal may appoint an advisory committee or committees to assist in the formulation and revision of the state fire prevention code and in the establishment of standards for certification of members of fire departments to make arrests, carry firearms and conduct searches and seizures pursuant to K.S.A. 31-157. Any such advisory committee shall serve without compensation. The membership of the advisory committee or committees shall be selected on the basis of their individual expertise and knowledge in the area of fire prevention under consideration.
History:
L. 1972, ch. 157, § 4; L. 1982, ch. 135, § 3; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-136 Same; exemptions from regulations, when; procedure.

31-136.
Same; exemptions from regulations, when; procedure.
The state fire marshal shall have the power to grant exemptions from the application of specific requirements of regulations promulgated pursuant to this act. Any such exemption shall be granted only upon written request which clearly demonstrates that the enforcement of a specific requirement of a rule or regulation will cause unnecessary hardship to the petitioner, or that such exemption is necessary for the petitioner to take advantage of new methods or equipment of recognized adequacy which conforms to fundamental safety standards. The particulars of any exemption so granted shall be set forth in writing, and a copy thereof shall be retained in the office of the state fire marshal.
History:
L. 1972, ch. 157, § 5; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-137 Same; enforcement of act and regulations; investigations; entry and examination of buildings and premises; report, filing.

31-137.
Same; enforcement of act and regulations; investigations; entry and examination of buildings and premises; report, filing.
The state fire marshal, deputies of the fire marshal, the chief of any organized fire department of any municipality, whether such fire department is regular or volunteer, or any member of any such fire department who has been duly authorized by the chief thereof, shall enforce the provisions of this act and any rules and regulations adopted pursuant thereto. Such persons are authorized to make any investigations deemed necessary of any fire or explosion occurring within this state. Such persons shall make an investigation of any fire or explosion occurring within this state, or an attempt to cause any fire or explosion within this state, if there is reason to believe that the fire was of an incendiary origin or was an attempt to defraud an insurance company. In addition, the chief of any organized fire department of any municipality may designate other qualified persons to conduct such investigations in such municipality. In order to carry out such investigations, the state fire marshal and those persons designated by or authorized to be designated by this section shall have the right and authority at all times of day or night to enter upon or examine, in accordance with existing laws and regulations, any building or premises where any fire or explosion or attempt to cause a fire or explosion has occurred. Such persons shall make a written report of the findings of any investigation conducted pursuant to this section which shall be filed in the office of the state fire marshal.
History:
L. 1972, ch. 157, § 6; L. 2004, ch. 26, § 12; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-138 Same; hearings; information and evidence to attorney general or county attorney; prosecution; assistance by state fire marshal.

31-138.
Same; hearings; information and evidence to attorney general or county attorney; prosecution; assistance by state fire marshal.
The state fire marshal or any of the state fire marshal's deputies, in making the investigations authorized or required in K.S.A. 31-137, and amendments thereto, may hold a hearing with all interested parties in accordance with the provisions of subsection (a) of K.S.A. 31-141, and amendments thereto. If the state fire marshal or any of the state fire marshal's deputies, having made the investigation, shall be of the opinion that there is probable cause to believe any person has violated any provision of this act or any of the rules and regulations adopted pursuant to this act, or that any person is guilty of a criminal conduct under the laws of this state with respect to any fire or explosion, the state fire marshal shall furnish to the attorney general or the proper county attorney the names of the witnesses and all of the information and evidence obtained from the investigation, including a copy of all pertinent and material testimony taken in the case; and the attorney general or such county attorney shall take such action as the evidence and testimony justify. The state fire marshal has the right either in person or by the state fire marshal's deputy to assist in any prosecution arising therefrom.
History:
L. 1972, ch. 157, § 7; L. 1988, ch. 356, § 68; July 1, 1989.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-139 Same; right of entry to determine compliance with law and regulations; complaint; order to cease and desist.

31-139.
Same; right of entry to determine compliance with law and regulations; complaint; order to cease and desist.
The state fire marshal and those persons designated in K.S.A. 31-137 shall have the authority during all reasonable hours of operation to enter, in accordance with existing laws, in and upon all buildings and premises subject to this act for the purpose of examination, inspection and investigation to determine compliance with the rules and regulations promulgated under the authority of this act. Whenever the state fire marshal or any person designated in K.S.A. 31-137 finds any violation of this act or the act of which this section is amendatory, or of any of the rules or regulations issued thereunder, or any lawful order issued pursuant thereto, he may file a criminal complaint with the attorney general or the proper district or county attorney or he may issue an order to the owner or his agent to cease and desist such violations. Any order so issued may be appealed by any person aggrieved thereby, as provided in K.S.A. 31-140, but unless otherwise stated in the order, the filing or pendency of such appeal shall not abate or operate as a stay of the effect of such order.
History: L. 1972, ch. 157, § 8; L. 1974, ch. 172, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-140 Same; appeals from orders; notice and hearing; decisions; compliance.

31-140.
Same; appeals from orders; notice and hearing; decisions; compliance.
Any person aggrieved by any order or ruling issued pursuant to the provisions of this act may appeal such order or ruling to the state fire marshal within 15 days from the date of the service of such order by filing a notice of such appeal in the office of the state fire marshal. The state fire marshal or a presiding officer from the office of administrative hearings shall hear such person within 30 days after the receipt of such notice of appeal, and the hearing shall be held in accordance with the provisions of the Kansas administrative procedure act. The state fire marshal shall file a decision thereon and, unless by authority of the state fire marshal the order is revoked or modified, the order shall be complied with within the time fixed in such decision.
History:
L. 1972, ch. 157, § 9; L. 1988, ch. 356, § 69; L. 2004, ch. 145, § 11; July 1, 2009.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-141 Same; powers of fire marshal in conduct of hearing; subpoena of witnesses and records; record of proceedings; statement; failure to comply with subpoena, effect; order by district court; service of process; costs, taxation.

31-141.
Same; powers of fire marshal in conduct of hearing; subpoena of witnesses and records; record of proceedings; statement; failure to comply with subpoena, effect; order by district court; service of process; costs, taxation.
(a) Whenever the state fire marshal or the state fire marshal's authorized representative is authorized to conduct a hearing under the provisions of K.S.A. 31-138, and amendments thereto, the state fire marshal shall have the power to administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents which are deemed relevant to the inquiry. The state fire marshal at such hearing may, and upon the request of any party shall, cause to be made a stenographic record of all the evidence and all the proceedings had at such hearing. If no stenographic record is made and if a judicial review is sought, the state fire marshal shall prepare a statement of the evidence and proceedings for use on review. In case of a refusal of any person to comply with any subpoena issued hereunder or to testify with respect to any matter concerning which such person may be lawfully interrogated, the district court of Shawnee county or the county wherein such party resides, on application of the state fire marshal, may issue an order requiring such person to comply with such subpoena and to testify. Any failure to obey any such order of the court may be punished by the court as a contempt thereof. Nothing contained in this act shall require the observance at any such hearing of formal rules of pleading or evidence. Notice of such hearings and any other process caused to be issued by the state fire marshal shall be served in substantial compliance with the requirements for service of process in district court.
(b) Whenever any person shall appeal an order or ruling issued pursuant to the provisions of this act, as provided in K.S.A. 31-140, and amendments thereto, and after a hearing the decision of the state fire marshal is adverse to such person, the costs of the hearing, including witness fees, shall be taxed to such person.
History:
L. 1972, ch. 157, § 10; L. 1988, ch. 356, § 70; July 1, 1989.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-142 Judicial review of fire marshal's action.

31-142.
Judicial review of fire marshal's action.
Any action of the state fire marshal pursuant to K.S.A. 31-140, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History:
L. 1972, ch. 157, § 11; L. 1977, ch. 105, § 13; L. 1986, ch. 318, § 25; L. 2010, ch. 17, § 45; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-143 Fire marshal authorized to advise and assist state civil defense director; assistance to municipalities; responsibilities and duties of state fire marshal.

31-143.
Fire marshal authorized to advise and assist state civil defense director; assistance to municipalities; responsibilities and duties of state fire marshal.
(a) The state fire marshal shall be authorized to advise, assist and coordinate with the state civil defense director in the development of civil defense or disaster plans, and on request shall assist any municipality in the enforcement of the state fire prevention code. He shall have the responsibility for the implementation of any fire safety programs developed by the state fire marshal and designed to minimize fire hazards and disasters in loss of life and property from these causes. Such responsibilities shall include, but are not limited to, the establishment and enforcement of fire safety practices throughout the state; preventive inspection and correction activities; coordination of fire safety programs with volunteer and paid fire companies, other state agencies and municipalities, and the state fire marshal shall analyze and evaluate Kansas fire loss statistics in order to make a determination of the problems.
(b) The state fire marshal upon request shall assist the chief of any recognized fire company or department, any legally designated fire marshal of a municipality and the personnel of other state agencies in fire prevention matters.
History:
L. 1972, ch. 157, § 12; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-145 Powers of actual members of organized fire departments.

31-145.
Powers of actual members of organized fire departments.
Actual members of any organized fire department, whether regular or volunteer, of any municipality shall be vested with police power to form fire lines, to prohibit persons from interfering with firefighters in the discharge of their duties, interfering with apparatus, running over fire hose and trespassing upon private property, and shall have power to blockade any public highway temporarily while in the discharge of their official duties; and for the purpose of effectuating this police power shall have the power to make arrests for violation of any lawful orders made hereunder.
History:
L. 1972, ch. 157, § 14; L. 2009, ch. 42, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-146 Mandatory provisions of regulations governing transportation of liquid fuels; how inspections performed.

31-146.
Mandatory provisions of regulations governing transportation of liquid fuels; how inspections performed.
The rules and regulations promulgated by the state fire marshal for transporting liquid fuel shall require that the vehicles used in such transportation be inspected by qualified inspectors sufficiently often to insure operation with maximum safety, and the operator of any such vehicle which is subject to the jurisdiction of the state corporation commission shall file with the commission copies of all such inspector's clearance receipts for such vehicles. The inspections required herein shall be performed by inspectors in the state fire marshal's office, except that the state fire marshal may issue a private inspector's permit to any person having registered in his name in this state one (1) or more vehicles used for transporting liquid fuel, if such person maintains inspection facilities and personnel qualified to perform the inspection to the satisfaction of the state fire marshal's office.
History:
L. 1972, ch. 157, § 15; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-147 Compliance with regulations by hotels, lodging facilities and restaurants.

31-147.
Compliance with regulations by hotels, lodging facilities and restaurants.
Hotels, motels, rooming houses, apartment houses, adult care homes, child care facilities, hospitals, adult boarding homes and restaurants shall comply with the rules and regulations promulgated by the state fire marshal for such occupancies.
History:
L. 1972, ch. 157, § 16; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-148 Inspection of building under jurisdiction of state penal director and division of institutional management.

31-148.
Inspection of building under jurisdiction of state penal director and division of institutional management.
The state fire marshal at least annually shall inspect all buildings under the jurisdiction of the state penal director and the division of institutional management of the department of social welfare.
History:
L. 1972, ch. 157, § 17; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-150a Violations of fire prevention code; criminal penalty; injunction.

31-150a.
Violations of fire prevention code; criminal penalty; injunction.
(a) Any person who violates any provision of this act or the act of which this act is amendatory, or who violates any rule or regulation adopted pursuant thereto, or who violates any lawful order issued by the state fire marshal or by any of the persons designated in K.S.A. 31-137, and amendments thereto, shall be guilty of a class B misdemeanor, and each day that the offense continues after receipt of written notice thereof issued by the state fire marshal, or by any other person designated in K.S.A. 31-137, and amendments thereto, shall constitute a separate violation. Notice of any such violation may be sent to the responsible party by restricted mail, as defined in K.S.A. 60-103, and amendments thereto, but refusal of the addressee to receive such notice shall constitute receipt thereof, or such notice may be served personally on the responsible party by the state fire marshal or the state fire marshal's deputies.
(b) At the request of the state fire marshal or any other person designated in K.S.A. 31-137, and amendments thereto, the attorney general or the proper district or county attorney may obtain an injunction to restrain any violation designated in subsection (a), where such violation is a continuing offense or where it constitutes an immediate hazard to life or property. The application for an injunction pursuant to this subsection shall be made to the district court of the county in which the violation occurs, and any such injunction shall be governed by the provisions of article 9 of chapter 60 of the Kansas Statutes Annotated.
History:
L. 1974, ch. 172, § 3; L. 1993, ch. 162, § 1; July 1.