reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-22 - Removal of barriers; priorities

Current through Register Vol. 43, No. 28, July 11, 2024
Each public accommodation shall consider taking measures to
				comply with the barrier removal requirements of   K.A.R. 21-70-21   in accordance
				with the following order of priorities.
(a) The first priority shall be to make
			 measures to provide access to a place of public accommodation from public
			 sidewalks, parking, or public transportation. These measures may include
			 installing an entrance ramp, widening entrances, and providing accessible
			 parking spaces.
(b) The second
			 priority shall be to take measures to provide access to those areas of a place
			 of public accommodation where goods and services are made available to the
			 public. These measures may include adjusting the layout of display racks,
			 rearranging tables, providing Brailled and raised character signage, widening
			 doors, providing visual alarms, and installing ramps.
(c) The third priority shall be to take
			 measures to provide access to restroom facilities. These measures may include
			 removing obstructing furniture or vending machines, widening doors, installing
			 ramps, providing accessible signage, widening toilet stalls, and installing
			 grab bars.
(d) The final priority
			 shall be to take any other measures necessary to provide access to its goods,
			 services, facilities or accommodations.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-23 - Removal of barriers; relationship to alteration requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as provided in subsection (b) of this regulation, measures taken to
			 comply with the barrier removal requirements of K.A.R. 21-70-21 shall comply
			 with the applicable requirements in these regulations for the alteration of
			 that element. However, the "path of travel" requirement in K.A.R. 21-70-36
			 shall not apply to measures taken solely to comply with the barrier removal
			 requirement.
(b) If, as a result
			 of compliance with the alterations requirements specified in subsection (a) of
			 this regulation, the measures required to remove a barrier would not be readily
			 achievable, a public accommodation may take other readily achievable measures
			 to remove the barrier that do not fully comply with the specified requirements.
(c) Those readily achievable
			 measures may include providing a ramp with a steeper slope or widening a
			 doorway to a narrower width than that mandated by the alterations requirements.
			 However, no measure shall be taken that would pose a significant risk to the
			 health or safety of individuals with disabilities or others.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-24 - Removal of barriers; portable ramps

Current through Register Vol. 43, No. 28, July 11, 2024
If installation of a permanent ramp is not readily achievable,
				a portable ramp may be used to comply with   K.A.R. 21-70-21. To avoid any
				significant risk to the health or safety of individuals with disabilities or
				others in using portable ramps, due consideration shall be given to safety
				features, including nonslip surfaces, railings, anchoring, and strength of
				materials.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-25 - Removal of barriers; selling or serving space

Current through Register Vol. 43, No. 28, July 11, 2024
The rearrangement of temporary or movable structures, including
				furniture, equipment, and display racks shall not be considered readily
				achievable if it results in a significant loss of selling or serving space.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-26 - Limitation on barrier removal obligations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 requirements for barrier removal under these regulations shall not exceed the
			 standards for alteration in K.A.R. 21-70-21.
(b) If relevant standards for alterations are
			 not provided in K.A.R. 21-70-34, the requirements for barrier removal under
			 these regulations shall not be interpreted to exceed the standards for new
			 construction in these regulations.
(c) These regulations shall not apply to
			 transportation services subject to K.A.R. 21-70-32.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-27 - Alternatives to barrier removal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a
			 public accommodation can demonstrate that barrier removal is not readily
			 achievable, the public accommodation shall make its goods, services, facilities
			 or accommodations available through alternative methods, if those methods are
			 readily achievable.
(b)
			 Alternatives to barrier removal may include the following actions:
(1) providing curb service or home delivery;
(2) retrieving merchandise from
			 inaccessible shelves or racks; or
(3) relocating activities to accessible
			 locations.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-28 - Accessible or special goods

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 act and these regulations shall not be interpreted to require a public
			 accommodation to alter its inventory to include accessible or special goods
			 that are designed for, or facilitate use by, individuals with disabilities.
(b) Each public accommodation
			 shall order accessible or special goods at the request of an individual with
			 disabilities, if in the normal course of its operation, it makes special orders
			 on request for unstocked goods, and if the accessible or special goods can be
			 obtained from a supplier with whom the public accommodation customarily does
			 business.
(c) Accessible or
			 special goods may include Brailled versions of books, books on audio cassettes,
			 closed-captioned video tapes, special sizes or lines of clothing, and special
			 foods to meet particular dietary needs.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-29 - Seating in assembly areas; existing facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To
			 the extent that it is readily achievable, assembly areas of a public
			 accommodation shall:
(1) provide a reasonable
			 number of wheelchair seating spaces and seats with removable aisle-side arm
			 rests; and
(2) locate the
			 wheelchair seating spaces so that they:
(A)
			 are dispersed throughout the seating area;
(B) provide lines of sight and choice of
			 admission prices comparable to those for members of the general public;
(C) adjoin an accessible route
			 that also serves as a means of egress in case of emergency; and
(D) permit individuals who use wheelchairs to
			 sit with family members or other companions.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-30 - Seating in assembly areas; new construction and alterations

Current through Register Vol. 43, No. 28, July 11, 2024
The provision and location of wheelchair seating spaces in
				newly constructed or altered assembly areas shall be governed by the standards
				for new construction and alterations in   K.A.R. 21-70-34.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-31 - Examinations and courses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation that offers examinations or courses related to
			 applications, licensing, certification, or credentialing for secondary or
			 postsecondary education, professional, or trade purposes shall offer the
			 examinations or courses in a place and manner accessible to persons with
			 disabilities or offer alternative arrangements for access.
(b) Examinations.
(1) Each private entity offering an
			 examination covered by this section shall assure that:
(A) the examination is selected and
			 administered so as to best ensure that, when the examination is administered to
			 an individual with a disability that impairs sensory, manual, or speaking
			 skills, the examination results accurately reflect the individual's aptitude or
			 achievement level or whatever other factor the examination purports to measure,
			 rather than reflecting the individual's impaired sensory, manual, or speaking
			 skills, except where those skills are the factors that the examination purports
			 to measure;
(B) any examination
			 that is designed for individuals with impaired sensory, manual, or speaking
			 skills is offered at equally convenient locations, as often, and in as timely a
			 manner as are other examinations; and
(C) the examination is administered in
			 facilities that are accessible to individuals with disabilities or alternative
			 arrangements for access are made.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-32 - Transportation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation which provides any transportation service shall ensure
			 that each service provided by the public accommodation is available and
			 accessible to people with disabilities. Necessary modifications may include:
(1) retrofitting with lifts or ramps
(2) retrofitting with P.A. systems
(3) retrofitting with visible
			 signage
(4) using color coding on
			 vehicles and routes
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-33 - Transportation provided by public accommodations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation that provides transportation services, but that is not
			 primarily engaged in the business of transporting people, shall be subject to
			 the act and these regulations.
(b)
			 Transportation services shall include various types of shuttle services
			 operated between a transportation facility and other places of public
			 accommodation, including:
(1) customer
			 shuttle bus services operated by private companies and shopping centers; and
(2) transportation provided within
			 recreational facilities, including stadiums, zoos, amusement parks, and ski
			 resorts.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-34 - New construction; exception for structural impracticability; elevator exemption

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as provided in subsection (b) of this regulation, an unlawful
			 discriminatory practice shall include a failure to design and construct
			 facilities for first occupancy after July 1, 1994, that are readily accessible
			 to and useable by individuals with disabilities.
(b) For purposes of the act and this
			 regulation, a facility shall be considered to have been designed and
			 constructed for first occupancy after July 1, 1994, only if:
(1)
(A) the
			 last application for a building permit or permit extension for the facility is
			 certified to be complete, by a state, county, or local government after July 1,
			 1993; or
(B) in those
			 jurisdictions where the government does not certify completion of applications,
			 the last application for a building permit or permit extension for the facility
			 is received by the state, county, or local government after July 1, 1992; and
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-35 - Alterations

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Any alteration to a place of public
			 accommodation after July 1, 1991, shall be made so as to ensure that, to the
			 maximum extent feasible, the altered portions of the facility are readily
			 accessible to and usable by individuals with disabilities, including
			 individuals who use wheelchairs.
(2) An alteration shall be deemed to be
			 undertaken after July 1, 1991, if the physical alteration begins after that
			 date.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-36 - New construction and alterations; path of travel

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an
			 alteration affects or could affect the usability of or access to an area of a
			 facility that contains a primary function, the alteration shall be made so as
			 to ensure that to the maximum extent feasible, the path of travel to the
			 altered area and the restrooms, telephones and drinking fountains serving the
			 altered area is readily accessible to and usable by individuals with
			 disabilities, including individuals who use wheelchairs, unless the cost and
			 scope of such alterations is disproportionate to the cost of the overall
			 alteration.
(b) "Primary function"
			 means a major activity for which the facility is intended. Areas that contain a
			 primary function may include the customer services lobby of a bank, the dining
			 area of a cafeteria, the meeting rooms in a conference center and offices or
			 other work areas in the public accommodation. Mechanical rooms, boiler rooms,
			 supply storage rooms, employee lounges or locker rooms, janitorial closets,
			 entrances, corridors, and restrooms shall not be considered areas containing a
			 primary function.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-37 - Alterations to an area containing a primary function

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Alterations that affect the usability of or access to an area containing a
			 primary function may include:
(1) remodeling
			 merchandise display areas or employee work areas in a department store; and
(2) replacing an inaccessible
			 floor surface in the customer service or employee work areas of a bank.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-38 - New construction and alterations; path of travel; landlord or tenant

Current through Register Vol. 43, No. 28, July 11, 2024
If a tenant is making alterations as defined in   K.A.R. 21-60-16 
				 that would trigger the requirements of   K.A.R. 21-70-36,  those alterations by
				the tenant in areas that only the tenant occupies shall not trigger an
				obligation on the landlord to alter the areas of the facility under the
				landlord's authority in order to comply with the "path of travel" requirements
				in   K.A.R. 21-70-36,  if those areas are not otherwise being altered.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-39 - New construction and alterations; definition of path of travel

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 term "path of travel" means a continuous, unobstructed way of pedestrian
			 passage by which the altered area may be approached, entered and exited, and
			 which connects the altered area with:
(1) an
			 exterior approach, including sidewalks, streets, and parking areas;
(2) an entrance to the facility; and
(3) other parts of the facility.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-40 - New construction and alterations; path of travel; disproportionality

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 cost of alterations made to provide an accessible path of travel to the altered
			 areas shall be deemed disproportionate to the overall alteration when the cost
			 exceeds 20% of the cost of the alteration to the primary function area.
(b) Costs that may be counted as
			 expenditures required to provide an accessible path of travel may include:
(1) costs associated with providing an
			 accessible entrance and an accessible route to the altered area, including the
			 cost of widening doorways or installing ramps;
(2) costs associated with making restrooms
			 accessible, including installing grab bars, enlarging toilet stalls, insulating
			 pipes, or installing accessible faucet controls;
(3) costs associated with providing
			 accessible telephones, including relocating the telephone to an accessible
			 height, installing amplification devices, or installing a telecommunications
			 device for deaf persons (TDD); and
(4) costs associated with relocating an
			 inaccessible drinking fountain.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-41 - New construction and alterations; path of travel; duty to provide accessible features in the event of disproportionality

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When
			 the cost of alterations necessary to make the path of travel to the altered
			 area fully accessible is disproportionate to the cost of the overall
			 alteration, the path of travel shall be made accessible to the extent that it
			 can be made accessible without incurring disproportionate costs.
(b) In choosing which accessible elements to
			 provide, consideration shall be given to altering those elements that will
			 provide the greatest access, in the following order:
(1) an accessible entrance;
(2) an accessible route to the altered area;
(3) at least one accessible
			 restroom for each sex or a single unisex restroom;
(4) accessible telephones;
(5) accessible drinking fountains; and
(6) when possible, additional
			 accessible elements, including parking, storage, and alarms.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-42 - New construction and alterations; path of travel; series of smaller alterations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 obligation to provide an accessible path of travel shall not be evaded by
			 performing a series of small alterations to the area served by a single path of
			 travel if those alterations could have been performed as a single undertaking.
(b) Cost of alterations.
(1) If an area containing a primary function
			 has been altered without providing an accessible path of travel to that area,
			 and subsequent alterations of that area, or a different area on the same path
			 of travel, are undertaken within three years of the original alteration, the
			 total cost of alterations to the primary function areas on that path of travel
			 during the preceding three-year period shall be considered in determining
			 whether the cost of making that path of travel accessible is disproportionate.
(2) Only alterations undertaken
			 after July 1, 1991, shall be considered in determining if the cost of providing
			 an accessible path of travel is disproportionate to the overall cost of the
			 alterations.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-43 - Alterations; elevator exemption

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Installation of an elevator shall not be required in an altered facility that
			 is less than three stories high or has less than 3,000 square feet per story,
			 except with respect to:
(1) any public
			 accommodation located in a shopping center or a shopping mall;
(2) the professional office of a health care
			 provider; and
(3) any public
			 transportation facility.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-44 - Alterations; historic preservation

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Alterations to buildings or facilities that are eligible for listing in the
			 national register of historic places under the national historic preservation
			 act (16 U.S.C. 470 et seq.), or are designated as historic under state or local
			 law, shall comply to the maximum extent feasible with section 4.1.7 of appendix
			 A to 28 CFR Part 36 of the Americans with disabilities act accessibility
			 guidelines dated July 26, 1991.
(b) If it is determined under the procedures
			 set out in section 4.1.7 of appendix A to the Americans with disabilities act
			 accessibility guidelines dated July 26, 1991 that it is not feasible to provide
			 physical access to an historic property that is a place of public accommodation
			 in a manner that will not threaten or destroy the historic significance of the
			 building or facility, alternative methods of access shall be provided pursuant
			 to the requirements of K.A.R. 21-70-41.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-45 - Standards for new construction and alterations

Current through Register Vol. 43, No. 28, July 11, 2024
New construction and alterations subject to the act and this
				regulation shall comply with the standards for accessible design published in
				appendix A to 28 CFR Part 36, the Americans with disabilities act accessibility
				guidelines (ADAAG), dated July 26, 1991.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-46 - No Title

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 term "disability" shall not be interpreted to include:
(1) transvestism, transsexualism, pedophilia,
			 exhibitionism, voyeurism, gender identity disorders not resulting from physical
			 impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or
			 pyromania; or
(3) psychoactive
			 substance use disorder resulting from current illegal use of drugs.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-47 - Smoking

Current through Register Vol. 43, No. 28, July 11, 2024
This act shall not preclude the prohibition of, or the
				imposition of restrictions on smoking in places of public accommodation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-48 - Health insurance, life insurance and other benefit plans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 insurer, hospital, medical service company, health maintenance organization, or
			 any similar entity or agent of an entity that administers benefit plans may
			 underwrite risks, classify risks, or administer risks in a manner based on or
			 not inconsistent with state law.
(b) Any person or organization covered by the
			 act may establish or administer the terms of a bona fide benefit plan that are
			 based on underwriting risks, classifying risks, or administering such risks in
			 a manner based on or not inconsistent with state law.
(c) Any person or organization covered by the
			 act may establish, sponsor, observe, or administer the terms of a bona fide
			 benefit plan that is not subject to state laws that regulate insurance.
(d) The activities described in
			 subsections paragraphs (a), (b), and (c) shall be permitted unless these
			 activities are a subterfuge to evade the purposes of the act.
(e) A public accommodation shall not refuse
			 to serve an individual with a disability because its insurance company
			 conditions coverage or rates on the absence of individuals with disabilities.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-49 - Personal devices and services

Current through Register Vol. 43, No. 28, July 11, 2024
A public accommodation shall not be required to provide its
				customers, clients, or participants with:
(a) personal devices, such as wheelchairs;
(b) individually prescribed
			 devices, such as prescription eyeglasses or hearing aids; or
(c) services of a personal nature including
			 assistance in eating, toileting, or dressing.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-50 - Illegal use of drugs

Current through Register Vol. 43, No. 28, July 11, 2024
The term "illegal use of drugs" shall not include the use of a
				drug taken under the supervision of a licensed health care professional, or
				other uses authorized by the controlled substances act, 21 U.S.C. 812, or other
				provisions of federal or Kansas law.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-51 - Illegal use of drugs

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except as provided in paragraph (c)(2), the act and these regulations shall not
			 be construed as prohibiting discrimination against an individual based on that
			 individual's current illegal use of drugs.
(b) A public accommodation shall not
			 discriminate on the basis of illegal use of drugs against an individual who is
			 not engaging in current illegal use of drugs and who:
(1) has successfully completed a supervised
			 drug rehabilitation program or has otherwise been rehabilitated successfully;
(2) is currently participating in
			 a supervised rehabilitation program; or
(3) is erroneously regarded as engaging in
			 such use.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-52 - Illegal use of drugs; drug testing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 act and these regulations shall not prohibit a public accommodation from
			 adopting or administering reasonable policies or procedures that are designed
			 to ensure that an individual who formerly engaged in the illegal use of drugs
			 is not currently engaging in the illegal use of drugs. These policies and
			 procedures may include drug testing.
(b) Nothing in this regulation shall be
			 construed to encourage, prohibit, restrict, or authorize testing for the
			 illegal use of drugs.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-53 - Relationship to other law

Current through Register Vol. 43, No. 28, July 11, 2024
(a) These
			 regulations shall not be construed to invalidate or limit the remedies, rights
			 and procedures of any other state or local laws that provide greater or equal
			 protection for the rights of individuals with disabilities or individuals
			 associated with them.
(b) Except
			 as otherwise provided in these regulations, these regulations shall not be
			 construed to apply a lesser standard than the standards applied under the
			 Kansas handicapped accessibility standards, K.S.A. 1993 Supp. chapter 58,
			 article 13, or regulations issued by the attorney general or secretary of
			 administration of the state of Kansas pursuant to that act.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-54 - Certification of state laws or local building codes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 purposes of this regulation:
(1) "assistant
			 attorney general" means the assistant attorney general for civil rights, the
			 United States department of justice (DOJ), or his or her designee;
(2) "certification of equivalency" means a
			 final certification by the assistant attorney general that a code meets or
			 exceeds the minimum requirements of title III of the Americans with
			 disabilities act (ADA), 42 U.S.C. 12181, for accessibility and usability of
			 facilities covered by that title; and
(3) "code" means a state law or local
			 building code or similar ordinance, or part thereof, that establishes
			 accessibility requirements.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-1 - Unlawful employment practices based on age

Current through Register Vol. 43, No. 28, July 11, 2024
No employer, employment agency, or labor organization shall set
				an arbitrary age limit in relation to employment or membership except as
				otherwise provided by commission rules or by the Kansas age discrimination in
				employment act.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-2 - Job opportunities advertising

Current through Register Vol. 43, No. 28, July 11, 2024
Help wanted notices or advertisements shall not contain
				age-specific terms and phrases, including "young," "boy," "girl," "college
				student," "recent college graduate," "retired person," or others of a similar
				nature, unless a bona fide occupational requirement for the position has been
				established.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-3 - Age information on job applications and other preemployment inquiries

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 preemployment inquiry in connection with prospective employment which expresses
			 directly or indirectly any limitation, specification, or discrimination as to
			 age shall be unlawful unless based upon a bona fide occupational qualification.
			 The burden shall be on the employer, employment agency or labor organization to
			 demonstrate that the direct or indirect preemployment inquiry is based upon a
			 bona fide occupational qualifica-tion.
(b) The following inquiries shall be
			 permis-sible:
(1) Preemployment inquiries
			 regarding the age of an applicant if the inquiry is made in good faith for a
			 nondiscriminatory purpose; and
(2)
			 preemployment inquiries to determine that an applicant is over 18 years of age.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-4 - Bona fide occupational qualifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 bona fide occupational qualification exception as to age shall be narrowly
			 con-strued.
(b) An employer
			 asserting a bona fide occupational qualification defense has the burden of
			 proving that:
(1) the age limit is reasonably
			 necessary to the essence of the business; and
(2)
(A) that
			 all or substantially all individuals excluded from the job involved are in fact
			 not qualified; or
(B) that some of
			 the individuals were excluded on the basis of a trait that cannot be
			 ascertained except by reference to age.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-5 - Differentiations based on necessary factors other than age

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an
			 employment practice uses age as a limiting criterion, the defense that the
			 practice is justified by a necessary factor other than age is unavailable.
(b) Any employment practice,
			 including a test, which is claimed as a basis for different treatment of
			 employees or applicants for employment on the grounds that it is a necessary
			 factor other than age, may only be justified on the basis of business necessity
			 or valid business motive if such a practice has an adverse impact on
			 individuals within the protected age group. Tests which are asserted as
			 reasonable factors other than age will be scrutinized in accordance with the
			 standards set forth at Article 30 of these regulations.
(c) If the exception of a necessity factor
			 other than age is raised against an individual claim of discriminatory
			 treatment, the employer shall bear the burden of proving the necessary factor
			 other than age.
(d) An employment
			 practice based on the average cost of employing older employees as a group
			 shall be unlawful except with respect to employee benefit plans which qualify
			 for the section 1113(b)(2) exception to the Kansas age discrimination in
			 employment act.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-6 - Bona fide seniority systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 bona fide seniority system shall be based on length of service as the primary
			 criterion for the equitable allocation of available employment opportunities
			 and prerogatives among younger and older workers. Other secondary factors,
			 including merit, capacity, or ability, also may be used.
(b) A seniority system which gives those with
			 longer service lesser rights, and results in discharge or less favored
			 treatment to older workers, may be found to be a subterfuge to evade the
			 purposes of the Kansas age discrimination in employment act.
(c) Essential terms and conditions of a
			 seniority system shall be communicated to the affected employees and applied
			 uniformly to all those affected, regardless of age. Any seniority system shall
			 not be considered a bona fide seniority system within the meaning of the Kansas
			 age discrimination in employment act if its terms and conditions are not
			 communicated and applied as required by this subsection.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-7 - Prohibition of involuntary retirement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 seniority system or employee benefit plan shall not require or permit the
			 involuntary retirement of any individual. Accordingly, any system or plan
			 provision requiring or permitting involuntary retirement shall be unlawful,
			 unless the provision is otherwise permitted by state or federal law or by an
			 ordinance or resolution which preempts, supersedes or otherwise takes
			 precedence over the Kansas age discrimination in employment act.
(b) Any plan may permit individuals to elect
			 early retirement at a specified age at their own option. Any plan may require
			 early retirement for reasons other than age.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-8 - Exemption for employees serving under a contract of unlimited tenure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 exemption for employees serving under a contract of unlimited tenure at an
			 institution of higher education may be applied to any individual who attains
			 age 70 prior to January 1, 1994, and whose job duties and responsibilities
			 cease prior to January 1, 1994, regardless of the contract expiration date.
(b) The party seeking to invoke
			 the exemption for employees serving under a contract of unlimited tenure shall
			 have the burden of showing that every element of the exemption has been met
			 clearly and unmistakably. This exemption shall be narrowly construed.
(c) Definitions.
(1) "Institution of higher education" means
			 all public and private universities and colleges which grant tenure to
			 employees.
(2) "Any employee"
			 means faculty, teachers and other groups of employees who have tenured status
			 at an institution of higher education, including academic deans, scientific
			 researchers, professional librarians and counseling staff.
(3) "Tenure" means an arrangement under which
			 certain appointments in an institution of higher education are continued until
			 retirement for age or physical disability, subject to dismissal for adequate
			 cause or under extraordinary circumstances on account of financial exigency or
			 change of institutional program.
(4) "Unlimited" means tenure which is not
			 limited to a specific term. A contract or other similar arrangement which is
			 limited to a specific term shall not meet the requirements of the exemption.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-9 - Exemption for bona fide executive or high policy making employees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 party seeking to invoke the exemption for bona fide executive or high
			 policy-making employees shall have the burden of showing that every element of
			 the exemption has been met clearly and unmistakably. This exemption shall be
			 narrowly construed.
(b) Any
			 employee within the exemption may lawfully be required to retire on account of
			 age at age 65 or above. In the alternative, the employer may retain such an
			 employee either in the same position or status or in a different position or
			 status. Any employee who accepts such a new status or position shall not get
			 treated any less favorably, on account of age, than any similarly situated
			 younger employee.
(c) The bona
			 fide executive exemption shall apply to top-level employees who exercise
			 substantial executive authority over a significant number of employees and a
			 large volume of business.
Any individual in the corporate organizational structure who
				possesses a comparable or greater level of responsibility and authority, as
				measured by established and recognized criteria, shall also qualify for this
				exemption.
(d) The phrase
			 "high policymaking position" shall be limited to certain top-level employees:
(1) who are not bona fide executives;
(2) who are individuals who have
			 little or no line authority; and
(3) whose position and responsibility are
			 such that they play a significant role in the development of corporate policy
			 and effectively recommend its implementation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 80 - GUIDELINES ON AGE DISCRIMINATION IN EMPLOYMENT › Section 21-80-10 - Firefighters and law enforcement officers

Current through Register Vol. 43, No. 28, July 11, 2024
The party seeking to invoke the exemption for firefighters and
				law enforcement officers shall have the burden of showing that every element of
				the exemption has been met clearly and unmistakably.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 1 - KANSAS FIRE PREVENTION CODE › Section 22-1-1 - Municipal compliance with Kansas fire prevention code

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When a municipality adopts one of the
			 nationally recognized fire codes or the fire protection segment of a nationally
			 recognized building code and modifies a section of that code, a summary of the
			 modifications shall be submitted to the state fire marshal's office. The
			 modifications shall be reviewed and either approved or rejected by the state
			 fire marshal. The municipality shall be notified of the action within 30 days
			 from receipt of the summary.
(b)
			 Each alternate method of fire protection that has been approved by a local
			 board of appeals as a substitute for strict compliance with code requirements
			 shall be deemed to be in compliance with the Kansas fire prevention
			 code.
(c) Each question arising as
			 to whether another state statute or an enactment of a municipality is
			 inconsistent with the provisions of the fire prevention code shall be resolved
			 by the state fire marshal after a hearing with all interested parties. Each
			 decision of the state fire marshal made under authority of this subsection
			 shall be appealable in accordance with the provisions of K.S.A. 31-142  and
			 amendments thereto.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 1 - KANSAS FIRE PREVENTION CODE › Section 22-1-2 - Compliance with certain building codes

Current through Register Vol. 43, No. 28, July 11, 2024
A building shall be deemed to comply with the Kansas fire
				prevention code if the building conforms to one of the following building codes
				and to any additional special requirements of the Kansas fire prevention code
				and if the building has been issued a certificate of occupancy:
(a) The 1997 edition of the uniform building
			 code (UBC); or
(b) the 2006 edition
			 of the international building code (IBC).
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 1 - KANSAS FIRE PREVENTION CODE › Section 22-1-3 - Adopted codes and standards

Current through Register Vol. 43, No. 28, July 11, 2024
The following codes and national fire protection association
				(NFPA) standards are adopted by reference:
(a) International building code (IBC),
			 international code council, 2006 edition, including the appendices but
			 excluding the references in chapter 35 to NFPA 13, 13D, 13R, 14, 30, 72, 101,
			 and 110;
(b) international fire
			 code (IFC), international code council, 2006 edition, including the appendices
			 but excluding the following:
(1) Chapters 22,
			 30, 33, 34, 35, 36, and 38; and
(2)
			 the references in chapter 45 to NFPA 10, 13, 13D, 13R, 14, 25, 30, 30A, 52, 72,
			 101, 110, and 385;
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 1 - KANSAS FIRE PREVENTION CODE › Section 22-1-4 - Variances and exemptions

Current through Register Vol. 43, No. 28, July 11, 2024
Upon a written application the state fire marshal may grant an
				exemption or variance from compliance with any provision of the regulations
				adopted pursuant to the Kansas fire prevention code when it is clearly
				demonstrated that:
(a)
(1) the enforcement of a specific requirement
			 will cause unnecessary hardship; or
(2) the exemption is necessary for the
			 petitioner to take advantage of new methods or equipment; and,
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 1 - KANSAS FIRE PREVENTION CODE › Section 22-1-5 - Denial, refusal, suspension, or revocation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 registration certificate authorized under the Kansas fire prevention code that
			 has been duly issued by the office of the state fire marshal or has been
			 applied for may be denied, suspended, revoked, or renewal refused, if:
(1) the office of the state fire marshal
			 finds from available evidence that the individual or business has violated any
			 provisions of the Kansas fire prevention code or these regulations; or
(2) certified as an arson
			 investigator, the holder has been convicted of a felony.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 1 - KANSAS FIRE PREVENTION CODE › Section 22-1-6 - Commercial fire suppression and detection firms, filing

Current through Register Vol. 43, No. 28, July 11, 2024
Any business which currently installs, maintains, modifies, or
				repairs any fire sprinkler systems, fire detection systems, or fire alarm
				systems, except those performing these functions solely in one and two family
				dwellings, shall file a notification of doing business by April 1, 1994 with
				the state fire marshal on forms provided by the state fire marshal. Any new
				business performing these functions after April 1, 1994 shall file a
				notification of doing business within 30 days of commencing business with the
				state fire marshal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 1 - KANSAS FIRE PREVENTION CODE › Section 22-1-7 - Code footprint

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) "Code footprint" shall mean a building
			 and life safety code compliance document that contains both graphic and
			 narrative information and that meets the requirements of this regulation.
(2) Each code footprint shall be
			 submitted in the following format:
(A) A
			 full-sized drawing consisting of a complete floor plan, including existing
			 facilities and new construction, for each floor of the facility, including
			 basements and mezzanines; and
(B)
			 an 11-inch by 17-inch reduction of the full-sized drawing, sealed by a
			 Kansas-licensed design professional.
(3) A code footprint shall be prepared for
			 all new buildings, new building additions, changes in occupancy, or building
			 renovation, with the exception of buildings used solely as dwelling houses
			 containing no more than two families. Each code footprint shall be prepared by
			 a Kansas-licensed design professional. Upon request, a code footprint shall be
			 provided to the fire or building official in the municipality where the work is
			 occurring.
(4) A code footprint
			 shall be submitted to the state fire marshal for review and approval for any
			 new construction, renovation, or change of occupancy for the following types of
			 buildings:
(A) Any group A assembly occupancy
			 having a combined occupant load in excess of 2,000 persons;
(B) any group B business occupancy used at
			 any community college, area vocational school, vocational-technical school,
			 technical college, or any institution under the governance of the state board
			 of regents;
(C) any group A
			 assembly occupancy mixed with a group E educational occupancy or a group I
			 institutional occupancy;
(D) any
			 group E educational occupancy, including any day care facility for more than 24
			 persons;
(E) any group I
			 institutional occupancy, including any state or other governmental entity's
			 detention facilities, and any occupancy physically attached to a group I
			 occupancy regardless of fire barrier separation; and
(F) any group R-1 or R-2 residential
			 occupancy that is three or more stories in height, including basements, or more
			 than 12,000 square feet in area, and any R-4 residential occupancy.