reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-157 Fire marshal deputies and investigatory personnel; law enforcement powers, when; training required, exceptions.

31-157. Fire marshal deputies and investigatory personnel; law enforcement powers, when; training required, exceptions.
(a) The state fire marshal, the state fire marshal's deputies and full-time fire prevention personnel assigned investigation duties who are members of a paid fire department who have been certified by the state fire marshal pursuant to this section shall have the authority to make arrests, carry firearms and conduct searches and seizures while investigating any fire or explosion in which arson or attempted arson is suspected or in which there is an attempt or suspected attempt to defraud an insurance company. Any affidavits necessary to authorize arrests, searches or seizures pursuant to this section shall be made in accordance with K.S.A. 22-2302 and 22-2502, and amendments thereto.
(b) The state fire marshal, with the assistance of an advisory committee appointed pursuant to K.S.A. 31-135, and amendments thereto, shall adopt rules and regulations and specify the number of investigators for departments or areas and establish standards for certification of members of fire departments to make arrests, carry firearms and conduct searches and seizures pursuant to this section. No fire department personnel shall be certified to carry firearms under the provisions of this act without having first successfully completed the firearm training course or courses prescribed for law enforcement officers under K.S.A. 74-5604a, and amendments thereto.
(c) With the exception of firearms training, nothing in this section shall be construed to require persons employed prior to the effective date of this act to comply with the standards established by the state fire marshal pursuant to this section as a condition of continued employment, and such persons' failure to comply with such standards shall not make such persons ineligible for any promotional examination for which they are otherwise eligible or affect in any way any pension rights to which they are entitled on the effective date of this act.
History:
L. 1982, ch. 135, § 1; L. 2012, ch. 89, § 12; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-158 Fire safety and prevention; sale to or purchase by fire department of clothing or equipment which does not meet standards set by national fire protection association; penalty; definition.

31-158.
Fire safety and prevention; sale to or purchase by fire department of clothing or equipment which does not meet standards set by national fire protection association; penalty; definition.
(a) No person shall knowingly sell or offer for sale in this state to any fire department any item of clothing or equipment intended to protect firefighters from death or injury while fighting fires unless the item of clothing or equipment meets or exceeds the minimum standards established for such item of clothing or equipment by the national fire protection association, in effect on the effective date of this act.
(b) No fire department shall purchase in this state any item of clothing or equipment intended to protect firefighters from death or injury while fighting fires unless the item of clothing or equipment meets or exceeds the minimum standards established for such item of clothing or equipment by the national fire protection association, in effect on the effective date of this act.
(c) A violation of subsection (a) is a class B misdemeanor.
(d) As used in this section, "fire department" means any city, county, township or other public or private fire department.
History:
L. 1988, ch. 126, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-159 Violations of fire prevention code, administrative penalties.

31-159.
Violations of fire prevention code, administrative penalties.
(a) In addition to any other penalty provided by law, the state fire marshal, upon finding that any person has violated the provisions of the Kansas fire prevention code, may impose a penalty not to exceed $1,000, which shall constitute an actual and substantial economic deterrent to the violation for which the penalty is assessed.
(b) No penalty shall be imposed pursuant to this section except upon the written order of the state fire marshal to the person who committed the violation. The order shall state the violation, the penalty imposed and the right to appeal to the state fire marshal. Any such person, within 30 days after service of such order, may make written request to the fire marshal for a hearing thereon. The fire marshal shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act within 30 days after receipt of such request.
(c) Any person aggrieved by any order issued pursuant to this section may appeal such order in accordance with the provisions of the Kansas judicial review act.
(d) All moneys received from penalties imposed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(e) If a fire safety inspection is required to meet licensing requirements of a state agency, the state fire marshal, before imposing a penalty pursuant to this section, shall make written request to the state licensing agency to take appropriate action to require compliance with the Kansas fire prevention code. If the state licensing agency fails to take such action within 60 days after receipt of the state fire marshal's notice, the state fire marshal may impose a penalty as provided by this section.
History:
L. 1993, ch. 65, § 1; L. 2001, ch. 5, § 97; L. 2010, ch. 17, § 47; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-160 Smoke detectors; citation of act.

31-160.
Smoke detectors; citation of act.
K.S.A. 31-160 through 31-164 shall be known and may be cited as the smoke detector act.
History:
L. 1998, ch. 66, § 12; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-161 Same; definitions.

31-161.
Same; definitions.
When used in this act:
(a) "Dwelling unit" means a single-family residence, multiple-family residence and each living unit in a mixed-use building.
(b) "Smoke detector" means a device or combination of devices which operate from a power supply in the dwelling unit or at the point of installation for the purpose of detecting visible or invisible particles of combustion. Such term shall include smoke detectors approved or listed for the purpose for which they are intended by an approved independent testing laboratory.
History:
L. 1998, ch. 66, § 13; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-162 Same; installation of smoke detectors required; limitations on enforcement; certain evidence inadmissible; insurance payments not affected.

31-162.
Same; installation of smoke detectors required; limitations on enforcement; certain evidence inadmissible; insurance payments not affected.
(a) Every single-family residence shall have at least one smoke detector on every story of the dwelling unit.
(b) Every structure which:
(1) Contains more than one dwelling unit; or
(2) contains at least one dwelling unit and is a mixed-use structure, shall contain at least one smoke detector at the uppermost ceiling of each interior stairwell and on every story in each dwelling unit.
(c) The owner of a structure shall supply and install all required smoke detectors. The owner of a structure shall test and maintain all smoke detectors, except inside rental units, the occupant shall test and maintain all smoke detectors after taking possession of the dwelling unit.
(d) The smoke detectors required in dwelling units in existence on January 1, 1999, may either be battery-powered or wired into the structure's electrical system, and need not be interconnected. The smoke detectors required in dwelling units constructed after January 1, 1999, shall be wired permanently into the structure's electrical system.
(e) For purposes of this act, manufactured homes as defined in K.S.A. 58-4202, and amendments thereto, shall be subject to the federal, manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403 in lieu of the standards set forth herein. Owners and occupants of such manufactured homes shall be subject to the testing and maintenance standards for smoke detectors required under this act.
(f) Officials responsible for the enforcement of the smoke detector act shall not enter a dwelling unit solely for the purpose of determining compliance with the provisions of the smoke detector act except when:
(1) Conducting an inspection prior to the issuance of an occupancy permit or building permit;
(2) responding to a report of a fire in a dwelling unit, except in cases of a false alarm; or
(3) conducting, at the request of the owner or occupant, a home safety inspection.
(g) Evidence of the failure of any property owner to provide an operational smoke detector in a residence as required by this section shall not be admissible in any action for the purpose of determining any aspect of civil liability.
Evidence of the failure of any occupant to properly maintain a smoke detector as required by this section shall not be admissible in any action for the purpose of determining any aspect of civil liability.
(h) The provisions of the smoke detector act shall not constitute grounds for the purpose of offsetting, reducing or denying the payment of amounts due under any contract for or policy of insurance.
History:
L. 1998, ch. 66, § 14; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-163 Same; violations; penalties.

31-163.
Same; violations; penalties.
Failure to place or maintain a smoke detector as provided by the smoke detector act shall be a nonclass nonperson misdemeanor. Any fine imposed for a violation of this section shall not exceed $25.
History:
L. 1998, ch. 66, § 15; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-164 Same; act in addition to local law.

31-164.
Same; act in addition to local law.
This law shall be in addition to any county resolution or city ordinance relating to regulation of smoke detectors.
History:
L. 1998, ch. 66, § 16; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-165 Toll-free number; hazardous materials incidents.

31-165.
Toll-free number; hazardous materials incidents.
The state fire marshal may provide a toll-free telephone number where persons may call the state fire marshal to request a response to a hazardous materials incident.
History:
L. 1999, ch. 65, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-170 Use of pyrotechnics; places of public assembly.

31-170.
Use of pyrotechnics; places of public assembly.
(a) As used in this section:
(1) "Place of public assembly" means a building or structure with an occupancy capacity of 50 or more.
(2) "Pyrotechnics" mean any controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation or a combination of these effects to provide the maximum effect from the least volume for entertainment purposes.
(3) "Pyrotechnic device" means any device which contains pyrotechnic material and which is capable of producing a visual or audible effect for entertainment purposes.
(4) "Pyrotechnic material" means a chemical mixture used to produce visible or audible effects by combustion for entertainment purposes.
(b) (1) Except as provided by this section, the use of any pyrotechnics, pyrotechnic device or pyrotechnic material is prohibited in any building which is a place of public assembly.
(2) The use of pyrotechnics, pyrotechnic devices or pyrotechnic materials in violation of this section or any rules and regulations adopted pursuant to this section or any ordinance or resolution prohibiting or restricting such use shall constitute a common nuisance.
(c) The provisions of subsection (b) shall not apply to:
(1) Any building in which there has been installed an automatic sprinkler system which is adequate for suppression of a fire in the building or structure and such system is functioning properly;
(2) any building in which the interior and exterior walls and ceilings are constructed with or consist of fire-restrictive materials;
(3) candles that are securely supported on noncombustible bases and if the candle flame is protected;
(4) any other building, structure or use exempted by rules and regulations adopted by the state fire marshal.
(d) The state fire marshal shall adopt any rules and regulations necessary to implement the provisions of this section.
(e) Nothing in this section shall be construed as limiting the powers of cities and counties to regulate or restrict the use of pyrotechnics, pyrotechnic devices or pyrotechnic materials.
History:
L. 2004, ch. 1, § 3; March 4.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 1 - Fire Safety And Prevention › 31-171 Roofing material; wood shakes or wood shingles; restrictive covenants, unenforceable, when.

31-171.
Roofing material; wood shakes or wood shingles; restrictive covenants, unenforceable, when.
(a) On and after the effective date of this act, any provision of a restrictive covenant which requires the use of wood shingles or wood shakes as a roof covering material for any residential dwelling is hereby declared to be against public policy and such provision shall be void and unenforceable unless such covenant also allows for the use of an alternative material which is comparable in appearance, flame resistant or retardant and meets or exceeds any fire prevention standards established by any building code which has been adopted as required by law applicable to such residential dwelling.
(b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.
(c) The provisions of this section shall not affect the enforceability of a restrictive covenant which regulates or restricts the color, style, dimension or other aesthetic characteristics of roofing material to be used on a residential dwelling if such restrictive covenant meets the requirements of subsection (a).
History:
L. 2006, ch. 96, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 3 - Benefit Districts › 31-301 Fire protection; creation of benefit district; procedure.

31-301.
Fire protection; creation of benefit district; procedure.
Whenever 51% of the resident property owners of territory located partly in two or more counties and adjacent to, or within a radius of 10 miles of a city, and the boundaries of the territory coincide with the boundaries of a common-school district or a rural high school district, shall petition the board of county commissioners of the county in which the city is located for the creation of a benefit district for the purpose of providing fire-fighting service within the benefit district by the city, it shall be the duty of the board of county commissioners subject to the provisions of K.S.A. 19-270, by resolution, to organize such benefit district and to define the limits thereof as set forth in the petition. Thereafter the board of county commissioners organizing the benefit district shall direct the county clerk of the county in which the city is located to transmit to the county clerk of any other county in which any territory of the benefit district lies, a copy of the original resolution of the board of county commissioners organizing such district.
History:
L. 1951, ch. 238, § 1; L. 1986, ch. 70, § 33; May 15.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 3 - Benefit Districts › 31-303 Same; budget; tax levies.

31-303.
Same; budget; tax levies.
Each year the board of directors shall file the budget of the benefit district with the clerk of the county in which the city is located. The county clerk of every other county in which any territory of the benefit district is located, on or before August 25 of each year shall certify the total amount of assessed taxable tangible property in such benefit district located in that county to the clerk of the county in which the city is located. Thereafter, the county clerk of the county in which the city is located shall determine the amount of the ad valorem tax on the taxable tangible property within the benefit district necessary to be levied for such benefit district to finance that portion of the budget to be derived from ad valorem taxes. Such levy shall not exceed the amount authorized pursuant to K.S.A. 19-3610, and amendments thereto. Upon determination of the amount of levy, the county clerk of the county in which the city is located shall certify the same to the county clerk of each of the counties in which some portion of the benefit district lies. It shall be the duty of the board of county commissioners of the counties where any territory of the benefit district lies to levy the tax upon the taxable tangible property in such benefit district. The tax levy herein authorized shall be in addition to all other tax levies authorized or limited by law.
History:
L. 1951, ch. 238, § 3; L. 1977, ch. 148, § 1; L. 1993, ch. 122, § 6; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 3 - Benefit Districts › 31-304 Same; disposition of tax moneys; expenditures.

31-304.
Same; disposition of tax moneys; expenditures.
The county treasurer of any county in which any part of the benefit district lies, except the county treasurer of the county in which the city lies, shall upon collection of the tax moneys provided for in K.S.A. 31-303 transmit the same to the county treasurer of the county in which the city is located, and said county treasurer shall credit all moneys received under this act to the benefit district. All moneys received by the benefit district may be paid out and expended by the board of directors of said benefit district for the purposes of carrying out the provisions of this act in the same manner as moneys are paid out and expended in common-school districts or in rural high-school districts, as the case may be: Provided, That if the members of the board of a unified school district who reside in the fire district shall constitute the board of directors of such benefit district such money shall be paid out and expended in accordance with regulations adopted by the board of directors.
History:
L. 1951, ch. 238, § 4; L. 1965, ch. 266, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 3 - Benefit Districts › 31-305 Same; issuance of bonds and no-fund warrants; procedure; purpose.

31-305.
Same; issuance of bonds and no-fund warrants; procedure; purpose.
(a) The governing body of any benefit district created under the provisions of K.S.A. 31-301 et seq., and amendments thereto, may issue general obligation bonds of the district for the purpose of: (1) Acquiring land; (2) purchasing, acquiring, constructing, reconstructing, equipping and furnishing buildings to house fire-fighting equipment; and (3) acquiring fire-fighting equipment. Before any bonds are issued, the governing body shall publish once each week for two consecutive weeks in a newspaper of general circulation within the district, a notice of its intention to issue such bonds and stating the purpose for which such bonds are to be issued and the amount thereof. If within 60 days after the date of the last publication of such notice, a petition signed by not less than 5% of the qualified electors residing in such district is filed with the county election officer or in the case of a district within two counties, with the county election officer of each county, no bonds shall be issued until approved by a majority of the qualified electors residing in the district voting at an election called and held therefor. The aggregate amount of outstanding bonds issued under this section shall not exceed 5% of the assessed valuation of taxable tangible property within the district. Such bonds shall be issued and any election thereon shall be called and held in the manner provided by the general bond law.
(b) The governing body of any such benefit district may issue no-fund warrants in the manner provided in K.S.A. 79-2940, and amendments thereto. All such warrants and interest thereon may be payable in approximately equal installments over a period of not to exceed five years from the first day of July following issuance. The governing body shall make a levy at the first tax levying period after such warrants are issued sufficient to pay such warrants and the interest thereon as may be required during the budget year.
History:
L. 1990, ch. 360, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 4 - Arson Reporting › 31-402 Definitions.

31-402.
Definitions.
As used in this act, unless the context requires otherwise, the following words and phrases shall have the meanings ascribed to them in this section.
(a) "Authorized agencies" means:
(1) The office of state fire marshal;
(2) the office of the attorney general of Kansas;
(3) the office of a district or county attorney;
(4) all law enforcement agencies;
(5) all official fire fighting agencies;
and solely for the purposes of K.S.A. 31-403(a):
(6) The federal bureau of investigation or any other federal agency;
(7) the United States attorney's office.
(b) "Relevant" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
(c) Material will be "deemed important," if within the sole discretion of the "authorized agency," such material is requested by that "authorized agency."
(d) "Action" shall include nonaction or the failure to take action.
(e) "Immune," as used in K.S.A. 31-403(e) and 31-404, shall mean that a civil action may not arise from any action taken pursuant to K.S.A. 31-403 and 31-404 in the absence of gross negligence, bad faith, malice or fraud on the part of an individual, insurance company, or person acting in its behalf, or authorized agency.
(f) "Insurance company" includes the Kansas Fair Plan.
History:
L. 1979, ch. 132, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 4 - Arson Reporting › 31-403 Disclosure of information by insurance companies; disclosure of information by authorized agency; immunity from liability in civil actions.

31-403.
Disclosure of information by insurance companies; disclosure of information by authorized agency; immunity from liability in civil actions.
(a) Any authorized agency may, in writing, require an insurance company to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the company may have in its possession, relating to a fire loss. Relevant information may include, without limitation herein:
(1) Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy;
(2) premium payment records;
(3) history of previous claims made by the insured; and
(4) material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.
(b) (1) When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with any or all material developed from the company's inquiry into the fire loss.
(2) When an insurance company provides any one of the authorized agencies with notice of a fire loss, it shall be sufficient notice for the purpose of this act.
(3) Nothing in subsection (b) of this section shall abrogate or impair the rights or powers created under subsection (a) of this section.
(c) The authorized agency provided with information pursuant to subsections (a) or (b) of this section or K.S.A. 31-404 and in furtherance of its own purposes, may release or provide such information to any of the other authorized agencies.
(d) Any insurance company providing information to an authorized agency or agencies pursuant to subsections (a) or (b) of this section shall have the right to request relevant information relating to such fire loss from an authorized agency and receive, within a reasonable time, not to exceed thirty (30) days, the information requested from an authorized agency.
(e) Any insurance company, or person acting in its behalf, or an authorized agency which releases information, whether oral or written, pursuant to subsections (a) or (b) of this section shall be immune from any liability arising out of a civil action by reason of providing such information.
History:
L. 1979, ch. 132, § 3; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 4 - Arson Reporting › 31-404 Disclosure of information by an individual; immunity from liability in civil actions.

31-404.
Disclosure of information by an individual; immunity from liability in civil actions.
Any individual who provides information to an authorized agency, whether oral or written, concerning the damaging of any building or property by fire shall be immune from any liability arising out of a civil action by reason of providing such information.
History:
L. 1979, ch. 132, § 4; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 4 - Arson Reporting › 31-405 Confidentiality of information; personnel of authorized agency required to testify.

31-405.
Confidentiality of information; personnel of authorized agency required to testify.
(a) Except as otherwise provided in K.S.A. 31-403(c), any authorized agency or insurance company described in K.S.A. 31-402 or 31-403 which receives any information furnished pursuant to this act, shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(b) Any authorized agency referred to in K.S.A. 31-402, or its personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party.
History:
L. 1979, ch. 132, § 5; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 4 - Arson Reporting › 31-406 Violation of act; penalties.

31-406.
Violation of act; penalties.
It is unlawful and a violation of this act to fail to release information or evidence pursuant to K.S.A. 31-403(a) or to fail to give notice and to provide material developed from an inquiry into a fire loss as provided in K.S.A. 31-403(b). Any such violation shall constitute a class C misdemeanor.
History:
L. 1979, ch. 132, § 6; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-501 Short title; administration.

31-501.
Short title; administration.
(a) K.S.A. 31-501 through 31-506, and amendments thereto, shall be known and may be cited as the "Kansas fireworks act."
(b) This act shall be administered by the state fire marshal.
History:
L. 2007, ch. 83, § 1; January 1, 2008.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-503 Licensure to sell or use fireworks, requirements; permit to conduct fireworks display; fees.

31-503. Licensure to sell or use fireworks, requirements; permit to conduct fireworks display; fees.
(a) Any person who intends to sell, offer for sale, possess with intent to sell, any consumer fireworks, display fireworks or articles pyrotechnic or discharge, use, display fireworks or articles pyrotechnic shall first obtain the appropriate license from the state fire marshal. This shall not include seasonal retailers.
(b) The types of license shall be as follows:
(1) Manufacturer;
(2) hobbyist manufacturer;
(3) distributor;
(4) display fireworks operator; and
(5) proximate pyrotechnic operator.
(c) Before a license holder may operate, such license holder must satisfy the requirements of this act and regulations adopted by the state fire marshal.
(d) The license holder shall be at least 21 years of age upon applying for a license.
(e) Licenses shall not be transferable.
(f) The state fire marshal shall not charge or collect fees for licensure. The licenses shall be valid for the following period of time:
(1) A manufacturer license shall be valid for a period of one year. A holder of a manufacturer license is not required to have any additional licenses in order to manufacture and sell any fireworks defined by this act.
(2) A hobbyist manufacturer license shall be valid for a period of four years.
(3) A distributor license shall be valid for a period of one year.
(4) A display fireworks operator license shall be valid for a period of four years.
(5) A proximate pyrotechnics operator license shall be valid for a period of four years.
(g) A permit to conduct a fireworks display shall be obtained by the sponsor or operator of a fireworks display from and approved by the city or county where the fireworks display is to be discharged.
(h) No fee shall be charged for a license or permit under this section for any person who is an officer or employee of the state or any political or taxing subdivision of the state when that person is acting on behalf of the state or political or taxing subdivision.
History:
L. 2007, ch. 83, § 3; L. 2016, ch. 34, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-504 Display fireworks storage facility permit, fee.

31-504. Display fireworks storage facility permit, fee.
(a) The owner of any display fireworks storage facility shall obtain a storage site permit from the state fire marshal for permanent or temporary storage. Storage permits are not required for day boxes used at a display site.
(b) A storage site permit shall be valid for a period of four years. No fee for a storage site permit shall be charged.
History:
L. 2007, ch. 83, § 4; L. 2016, ch. 34, § 3; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-505 Disposition of fees.

31-505. Disposition of fees.
All fees collected pursuant to this act shall be transmitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the explosives regulatory and training fund.
History:
L. 2007, ch. 83, § 5; L. 2013, ch. 108, § 8; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-506 Rules and regulations.

31-506.
Rules and regulations.
The fire marshal shall have the authority to promulgate rules and regulations to implement and administer the provisions of this act. Any rules and regulations of the state fire marshal adopted pursuant to this act may incorporate by reference specific editions, or portions thereof, of nationally recognized fire prevention codes. All rules and regulations of the state fire marshal pertaining to fireworks regulated by this act in existence on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.
History:
L. 2007, ch. 83, § 6; January 1, 2008.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-507 Bottle rocket; sale or use prohibited; exceptions.

31-507. Bottle rocket; sale or use prohibited; exceptions.
(a) Except as provided in subsection (c):
(1) It shall be unlawful to sell, offer to sell, or to possess with intent to sell or offer for sale a bottle rocket; and
(2) it shall be unlawful to ignite, fire, set off or otherwise use a bottle rocket.
(b) Any person violating the provisions of subsection (a) shall be guilty of an unclassified misdemeanor punishable by a fine of not more than $100.
(c) The provisions of this section shall not prohibit the possession, transportation or sale of bottle rockets within Kansas by a person that is currently registered with the state fire marshal pursuant to K.S.A. 31-508, and amendments thereto, to another currently registered person or to a non-registered person provided the non-registered purchaser submits a certification for resale outside the state of Kansas to the registered seller on a form prescribed by the state fire marshal. The registered seller shall send the certification to the office of the state fire marshal and maintain a copy of the certification for one year from the date of sale.
(d) "Bottle rocket" means any pyrotechnic device which:
(1) Is classified as a class C explosive by the United States department of transportation under 49 C.F.R. § 173.53 (1990);
(2) is mounted on a stick or wire; and
(3) projects into the air when ignited, with or without reports, and includes any device with the same configuration, with or without reports, which may be classified as a pipe or trough rocket. "Bottle rocket" does not include helicopter-type rockets.
History:
L. 2013, ch. 108, § 5; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-508 Same; permit to possess or transport.

31-508. Same; permit to possess or transport.
(a) Any person who manufactures bottle rockets or sells bottle rockets at wholesale and who desires to possess, sell or transport any bottle rockets in this state pursuant to K.S.A. 31-507, and amendments thereto, shall register annually with the state fire marshal. Such registration shall entitle the manufacturer or wholesaler to possess, sell and transport bottle rockets in this state for the purpose of selling to another registered wholesaler or to a non-registered person provided the purchaser submits a certificate for resale outside the state of Kansas to the registered seller in accordance with K.S.A. 31-507, and amendments thereto. Registration shall be effective for one year from the date of registration.
(b) The provisions of this section shall not require registration by a purchaser when the sale occurs in Kansas and the purchaser will transport the bottle rockets out of the state of Kansas for resale and provides the registered seller with a certificate for sale outside the state in accordance with K.S.A. 31-507, and amendments thereto.
(c) The state fire marshal shall adopt rules and regulations necessary to enforce the provisions of K.S.A. 31-507, and amendments thereto, and this section.
History:
L. 2013, ch. 108, § 6; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-509 Violation of act; seizure of fireworks; administrative hearing.

31-509. Violation of act; seizure of fireworks; administrative hearing.
(a) If fireworks are found to be stored, possessed or transported in violation of the Kansas fireworks act or any state fire marshal regulation, such fireworks may be seized by the state fire marshal or other state or local law enforcement agency. The seizing authority shall inventory all seized items and provide a copy of the inventory to the person from whom the fireworks were seized upon completion of the seizure. Reasonable costs for the storage and destruction of such fireworks shall be assessed against the party found to be in violation of the state fireworks act or regulations, except that if a hearing is requested pursuant to subsection (b), no person shall be assessed for storage costs incurred for more than 60 days after the completion of judicial review or the expiration of the time for seeking judicial review.
(b) The owner of any fireworks seized under subsection (a) may make written demand upon the state fire marshal for a hearing pursuant to the Kansas administrative procedure act. Where, after hearing, the state fire marshal finds that there has been a violation of the provisions of the Kansas fireworks act or state fire marshal regulations, the state fire marshal may destroy or order the destruction of such fireworks or direct such other disposition of the fireworks as is deemed proper. Unless necessary to protect against a substantial threat to the public health, safety or welfare, the fireworks shall not be destroyed until the completion of judicial review or expiration of the time for seeking judicial review. If the state fire marshal finds there has been no violation, the fireworks shall be returned to their owner.
(c) Where no claimant has appeared within 60 days of the seizure, demanded the return of the fireworks and proved, to the satisfaction of the state fire marshal, the claimant's title to and right of possession of such fireworks, the state fire marshal may, without process and without liability, destroy or order the destruction of the fireworks or direct such other disposition thereof as is deemed proper.
(d) Any provision herein to the contrary notwithstanding, where the manufacture, condition, storage, packing or location of fireworks is such that their continued existence or transportation is an immediate danger to public safety, health or welfare, the state fire marshal or authorized representative thereof may apply to the court which has jurisdiction over such fireworks for an emergency ex parte order authorizing the state fire marshal or authorized representative to destroy or dispose of the fireworks without liability to the owner thereof.
History:
L. 2013, ch. 108, § 1; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-510 Same; penalties.

31-510. Same; penalties.
(a) In addition to any other penalty provided by law, the state fire marshal, upon finding that any person has violated the provisions of the Kansas fireworks act or any rules and regulations adopted thereunder, may impose a civil penalty as follows:
(1) For failure to obtain a license as required by K.S.A. 31-503, and amendments thereto, the civil penalty shall not exceed $1,000 per violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(2) For all other violations, the civil penalty shall not exceed $1,000 per violation, and in the case of a continuing violation, every day such violation continues after the state fire marshal has provided the person with written notice of the violation shall be deemed a separate violation.
(b) All moneys received from penalties imposed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 2013, ch. 108, § 2; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-511 Administrative procedure; judicial review.

31-511. Administrative procedure; judicial review.
Except as otherwise provided in K.S.A. 31-510, and amendments thereto, proceedings under the Kansas fireworks act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the Kansas fireworks act shall be in accordance with the Kansas judicial review act.
History:
L. 2013, ch. 108, § 4; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-512 Explosives regulatory and training fund.

31-512. Explosives regulatory and training fund.
There is hereby established in the state treasury a separate, nonlapsing fund to be known as the explosives regulatory and training fund which shall be administered by the state fire marshal. Money deposited to the credit of the fund as provided in K.S.A. 31-505, and amendments thereto, in addition to any other money made available for such purposes, shall be made available to the state fire marshal to support fireworks and explosives regulatory and training programs.
History:
L. 2013, ch. 108, § 3; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 5 - Kansas Fireworks Act › 31-513 Acts supplemental to Kansas fireworks act.

31-513. Acts supplemental to Kansas fireworks act.
K.S.A. 31-507 through 31-512, and amendments thereto, shall be part of and supplemental to the Kansas fireworks act, K.S.A. 31-501 et seq., and amendments thereto.
History:
L. 2013, ch. 108, § 7; April 25.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-601 Fire safety standard and firefighter protection act; citation; severability.

31-601.
Fire safety standard and firefighter protection act; citation; severability.
(a) This act shall be known and may be cited as the fire safety standard and firefighter protection act.
(b) If any provision of the fire safety standard and firefighter protection act is held to be unconstitutional, such holding shall not affect the validity of any remaining portion of the act.
History:
L. 2008, ch. 135, § 1; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-602 Same; definitions.

31-602.
Same; definitions.
As used in this act:
(a) "Agent" means any person authorized by the director to purchase and affix stamps on packages of cigarettes.
(b) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and irrespective of tobacco or substance being flavored, adulterated or mixed with any other ingredient, if the wrapper is in greater part made of any material except tobacco.
(c) "Director," "retail dealer," "vending machine operator," "sale" and "wholesale dealer" shall have the meanings ascribed thereto in K.S.A. 79-3301, and amendments thereto.
(d) "Manufacturer" means:
(1) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer;
(2) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(3) any entity that becomes a successor of an entity described in paragraph (1) or (2).
(e) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and non-systematic methodological errors and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values required by K.S.A. 31-603, and amendments thereto, for all test trials used to certify cigarettes in accordance with this act.
(f) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.
(g) "Sell" means to sell, or to offer or agree to do the same.
History:
L. 2008, ch. 135, § 2; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-605 Same; cigarette markings.

31-605.
Same; cigarette markings.
(a) Cigarettes that are certified by a manufacturer in accordance with K.S.A. 31-604, and amendments thereto, shall be marked with the letters "FSC," which signifies fire standards compliant, appearing in eight-point type or larger and permanently printed, stamped, engraved or embossed on the package at or near the UPC code. A manufacturer certifying cigarettes in accordance with K.S.A. 31-604, and amendments thereto, shall provide a copy of the certifications to any wholesale dealer and its agents to which the manufacturer sells cigarettes. Any wholesale dealer, agent, retail dealer or vending machine operator shall permit the state fire marshal, the director, the attorney general, and employees thereof, to inspect cigarette packaging marked in accordance with this section.
(b) The provisions of this section shall take effect and be in force from and after July 1, 2009.
History:
L. 2008, ch. 135, § 5; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-607 Same; powers and duties of director of taxation.

31-607.
Same; powers and duties of director of taxation.
(a) The director, in the regular course of conducting inspections of wholesale dealers, agents, retail dealers or vending machine operators, as authorized under the Kansas cigarette and tobacco products act or other state statutes, rules, or regulations, may inspect such cigarettes to determine if the cigarettes are marked as required by K.S.A. 31-605, and amendments thereto. If the cigarettes are not marked as required, the director may seize such contraband with or without process or warrant and shall notify the state fire marshal.
(b) The provisions of this section shall take effect and be in force from and after July 1, 2009.
History:
L. 2008, ch. 135, § 7; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-608 Same; enforcement of act; examination of records.

31-608.
Same; enforcement of act; examination of records.
(a) To enforce the provisions of this act, the attorney general, the director and the state fire marshal, their duly authorized representatives and other law enforcement personnel are hereby authorized to examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, stored or offered for sale, is hereby directed and required to give the attorney general, the director and the state fire marshal, their duly authorized representatives and other law enforcement personnel the means, facilities and opportunity for the examinations authorized by this section.
(b) The provisions of this section shall take effect and be in force from and after July 1, 2009.
History:
L. 2008, ch. 135, § 8; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-609 Same; cigarette fire safety standard and fire fighter protection act fund; administration; use of moneys in fund.

31-609.
Same; cigarette fire safety standard and fire fighter protection act fund; administration; use of moneys in fund.
(a) There is hereby established in the state treasury a separate, nonlapsing fund to be known as the cigarette fire safety standard and firefighter protection act fund which shall be administered by the state fire marshal. The fund shall consist of all moneys recovered as penalties under K.S.A. 31-606, and amendments thereto. The moneys shall be deposited to the credit of the fund and in addition to any other money made available for such purpose, shall be made available to the state entity responsible for administering the provisions of this act to support fire safety and prevention programs.
(b) The provisions of this section shall take effect and be in force from and after July 1, 2009.
History:
L. 2008, ch. 135, § 9; July 1.
2023 Kansas Statutes › Chapter 31 - Fire Protection › Article 6 - Fire Safety Standards For Cigarettes › 31-610 Same; sales outside United States.

31-610.
Same; sales outside United States.
(a) Nothing in this act shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of K.S.A. 31-603, and amendments thereto, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.
(b) The provisions of this section shall take effect and be in force from and after July 1, 2009.
History:
L. 2008, ch. 135, § 10; July 1.