reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 11 - ADULT CARE HOMES, HOSPITALS, RESIDENTIAL CARE FACILITIES AND MATERNITY CENTERS › Section 22-11-8 - Adult and boarding care homes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The requirements of NFPA standard no.
			 101, which is adopted in K.A.R. 22-1-3, shall apply to one- and two-bed adult
			 care homes, one- and two-bed adult family homes, three- and four-bed boarding
			 care adult care homes, and boarding care homes for the mentally
			 retarded.
(b) A life safety code
			 inspection of a home shall be performed by the state fire marshal or an
			 authorized representative under K.S.A. 31-137, and amendments thereto, upon
			 request from the Kansas department of health and environment.
(c) As used in this subsection, "ambulatory"
			 shall mean having the physical and mental capability of getting in and out of
			 bed and walking in a normal path to safety in a reasonable period of time
			 without the aid of another person. "Nonambulatory" shall mean not having the
			 physical or mental capability of getting in and out of bed and walking a normal
			 path to safety without the aid of another person.
(1) Ambulatory residents who are able to walk
			 without the aid of another person but are unable to move from place to place
			 without the use of a device including a walker, crutches, wheelchair, or
			 wheeled platform shall be housed on the ground level of a home if handicap
			 accommodations for exiting are present.
(2) Fully ambulatory residents who do not
			 require the use of a device including a walker, crutches, wheelchair, or
			 wheeled platform may be housed on any level of a home.
(3) Nonambulatory persons shall not be
			 allowed as residents.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 13 - PLACES OF ASSEMBLY › Section 22-13-34 - Heavy duty flexible metal gas connectors for commercial appliances

Current through Register Vol. 43, No. 28, July 11, 2024
Flexible metal gas connectors may be used in connection with
				gas fired movable cooking equipment in any public building, resort, or hotel,
				as such term as defined by K.S.A. 1978 Supp. 36-501. Such assemblies shall be
				of a two (2) wall construction. The exterior wall shall either be metal
				braiding or metal interlocking casing. All flexible metal gas connectors shall
				be equipped with a cadmium-plated steel or brass quick-disconnect coupling
				equipped with a thermal shut-off. The flexible connectors and the quick
				disconnect device shall comply with the American national standards institute
				inc. (ANSI) regulations Z21-45-1971 and Z21-41-1971 respectively. A manual
				shut-off valve shall be installed in the piping immediately ahead of the quick
				disconnect device. The shut-off valve shall be an approved gas cock valve.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 17 - SALE AND DISTRIBUTION OF EARLY WARNING, FIRE SUPPRESSION OR FIRE ALARM DEVICES › Section 22-17-1 - Official NFPA definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Shall is intended to indicate requirements.
Approved means acceptable to the authority having jurisdiction.
				The national fire protection association does not approve, inspect or certify
				any installations, procedures, equipment or materials nor does it approve or
				evaluate testing laboratories. In determining the acceptability of
				installations or procedures, equipment or materials, the authority having
				jurisdiction may base acceptance on compliance with NFPA or other appropriate
				standards. In the absence of such standards, said authority may require
				evidence of proper installation, procedure or use. The authority having
				jurisdiction may also refer to the listings or labeling practices of nationally
				recognized testing laboratories,*
i.e.
, laboratories qualified
				and equipped to conduct the necessary tests, in a position to determine
				compliance with appropriate standards for the current production of listed
				items, and the satisfactory performance of such equipment or materials in
				actual usage.
Listed: Equipment or materials included in a list published by
				a nationally recognized testing laboratory that maintains periodic inspection
				of production of listed equipment or materials, and whose listing states either
				that the equipment or material meets nationally recognized standards or has
				been tested and found suitable for use in a specified manner.
Labeled: Equipment or materials to which has been attached a
				label, symbol or other identifying mark of a nationally recognized testing
				laboratory that maintains periodic inspection of production of labeled
				equipment or materials, and by whose labeling is indicated compliance with
				nationally recognized standards or tests to determine suitable usage in a
				specified manner.
Authority having jurisdiction shall mean the state fire marshal
				or any of his authorized deputies.
(Authorized by K.S.A. 31-133; effective May 1, 1975.)
* An example of a laboratory that is nationally recognized
				would be Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago,
				Illinois 60611.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 17 - SALE AND DISTRIBUTION OF EARLY WARNING, FIRE SUPPRESSION OR FIRE ALARM DEVICES › Section 22-17-2 - Approval of devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 early warning, fire suppression or fire alarm device shall not be sold, offered
			 for sale, or distributed within the state of Kansas without prior approval of
			 the state fire marshal.
(b) Each
			 early warning, fire suppression and fire alarm device shall be listed by and
			 bear the label of a nationally-recognized testing laboratory unless the
			 requirement is waived by the state fire marshal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 18 - EDUCATIONAL OCCUPANCIES › Section 22-18-3 - Construction requirements for school buildings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The construction of each school building shall meet the requirements of
								 the international building code, which is adopted by reference in   K.A.R. 22-1-3. All electric wiring shall
								 conform to the requirements of the national electric code of the national fire protection association, which
								 is adopted by reference in   K.A.R. 22-1-3.
(b) The construction of
								 each mobile, modular, portable, or relocatable school building shall meet the requirements of the life safety
								 code, which is adopted by reference in   K.A.R. 22-1-3.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 19 - CERTIFICATION OF FIRE INVESTIGATORS › Section 22-19-1 - Fire investigation and reporting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 necessary and appropriate investigations of every fire or explosion or any
			 attempt to cause a fire or explosion in this state by incendiary means or to
			 defraud any insurance company shall be made by the state fire marshal, deputy
			 state fire marshals, the chief of any paid or volunteer fire department, or any
			 member of a fire department who has been duly designated by the chief, and the
			 investigation shall be reported to the state fire marshal's office.
(b) Each person certified as a fire
			 investigator I or II may conduct investigations that occur within the
			 jurisdictional boundaries of the employing fire department or within the
			 boundaries of any department with which the employing district has a
			 statutorily authorized mutual aid, interlocal, or other contractual agreement
			 concerning fire matters. Any investigation by a certified fire investigator I
			 or II anywhere within the state may be authorized by the state fire marshal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 19 - CERTIFICATION OF FIRE INVESTIGATORS › Section 22-19-2 - Certification of fire investigators

Current through Register Vol. 43, No. 28, July 11, 2024
Certification may be granted at one of two levels: certified
				fire investigator I or certified fire investigator II.
(a) Each individual seeking certification at
			 either level shall apply on a form approved by the state fire marshal. Any
			 individual that meets and demonstrates the following criteria may be certified
			 by the state fire marshal:
(1) Is a United
			 States citizen;
(2) has been
			 fingerprinted, with a search of local, state, and national fingerprint files to
			 determine whether the applicant has a criminal record;
(3) has not been convicted, does not have an
			 expunged conviction, and on and after July 1, 1995, has not been placed on
			 diversion by any state or the federal government for a crime that is a felony
			 or its equivalent under the uniform code of military justice;
(4) has not been convicted, does not have an
			 expunged conviction, and has not been placed on diversion by any state or the
			 federal government for a misdemeanor crime of domestic violence or its
			 equivalent under the uniform code of military justice, if the misdemeanor crime
			 of domestic violence was committed on or after the effective date of this
			 regulation;
(5) is the holder of a
			 high school diploma or furnishes evidence of successful completion of an
			 examination indicating an equivalent achievement;
(6) is of good moral character;
(7) is free of any physical or mental
			 condition that could adversely affect the applicant's performance of a fire
			 investigator's duties;
(8) is at
			 least 21 years of age;
(9) is
			 recommended by the agency head of the applicant's jurisdiction;
(10)
(A)
			 Provides proof of successful completion of a fire investigation course, within
			 the past five calendar years, that meets or exceeds the "standard for
			 professional qualifications for fire investigator" established by the national
			 fire protection association in publication number 1033, 2009 edition, which is
			 hereby adopted by reference, and all law enforcement training required under
			 K.S.A.
			 74-5607a  et seq., and amendments thereto, and
			 applicable regulations. Each applicant who completed an approved fire
			 investigation course more than five years before the date of application shall
			 submit proof of the applicant's successful completion of the course and proof
			 of the applicant's fire investigation responsibilities within the past five
			 calendar years; or
(B) achieves a
			 score of at least 80 percent on the fire investigation graded examination. Any
			 applicant may take this examination only once. If an applicant scores less than
			 80 percent, the applicant shall meet the requirement in paragraph (a)(10)(A);
			 and
(11) submits a
			 completed criminal history form. Each applicant shall also provide proof that
			 the applicant has submitted fingerprints to the Kansas bureau of
			 investigation.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 19 - CERTIFICATION OF FIRE INVESTIGATORS › Section 22-19-4a - Revocation or suspension

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Every
			 certification or recertification granted by the state fire marshal may be
			 revoked or suspended for good cause shown. For the purpose of this regulation,
			 "good cause" shall include any of the following:
(1) Misrepresentation of any information
			 provided on an application, in a supporting document, or in any filed report;
(2) conviction or diversion for
			 any felony criminal offense;
(3)
			 failure to make timely, complete reports of all investigations to the state
			 fire marshal's office; or
(4)
			 failure to conduct an investigation in accord with nationally recognized
			 methods and proce-dures.
Regional Hazardous Materials Response
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 19 - CERTIFICATION OF FIRE INVESTIGATORS › Section 22-19-5 - Reports to be filed; required notification in certain circumstances

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person certified as a fire
			 investigator I or II shall file a report of every fire investigation conducted
			 by that individual with the state fire marshal within 30 days. The report shall
			 be submitted through the investigative database used by the state fire
			 marshal's investigations division and shall include the following:
(1) The name and birthdate of the
			 owner;
(2) the name and birthdate
			 of each suspect, if any, and either the driver's license or other
			 identification number of each suspect;
(3) the name, the birthdate, and either the
			 driver's license or other identification number of each witness; and
(4) the name of the insurance company, policy
			 number, and amount of insurance coverage.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 21 - CHRISTMAS DECORATIONS › Section 22-21-1 - No Section Heading

Current through Register Vol. 43, No. 28, July 11, 2024
A person shall not sell an electrical Christmas decoration
				which is not listed by, nor bears the label of, a nationally-recognized testing
				laboratory, unless the specific type of decoration is exempted by the state
				fire marshal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 22 - FIRE DEPARTMENT VEHICLES › Section 22-22-1 - Inspection of fire department vehicles

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 organized fire department, regular or volunteer, shall inspect every fire
			 department vehicle at least annually and after that vehicle is involved in an
			 accident to identify and correct unsafe or non-working conditions. Each fire
			 department shall establish a preventive maintenance program. Inspections shall
			 be performed by a mechanic chosen by the fire chief. All maintenance,
			 inspections and repairs shall be performed in accordance with the
			 manufacturer's guidelines. The inspection shall include but is not limited to
			 the following areas:
(1) brake system;
(2) coupling devices;
(3) exhaust system;
(4) fuel system;
(5) lighting devices;
(6) steering mechanism;
(7) suspension;
(8) frame;
(9) tires;
(10) wheels and rims; and
(11) electrical system.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 24 - REGIONAL HAZARDOUS MATERIALS RESPONSE › Section 22-24-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Local authority" means the local unit of
			 government's public safety agency that is in overall command at the scene of a
			 hazardous materials incident.
(b)
			 "Regional hazardous materials response team" means an emergency response team
			 that has contracted with the state fire marshal to provide a response to
			 hazardous materials incidents.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 24 - REGIONAL HAZARDOUS MATERIALS RESPONSE › Section 22-24-7 - Notification of incidents

Current through Register Vol. 43, No. 28, July 11, 2024
Each local jurisdiction requesting assistance from a regional
				hazardous materials response team shall notify the Kansas division of emergency
				management and the Kansas department of health and environment that an incident
				has occurred.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 24 - REGIONAL HAZARDOUS MATERIALS RESPONSE › Section 22-24-14 - Cost recovery

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When
			 an emergency response team is activated to respond to a hazardous materials
			 incident, the party responsible for the hazardous materials shall be
			 responsible for paying the costs incurred as a result of the team's emergency
			 response. The responsible party shall be billed by the state fire marshal for
			 these costs in a summary order. If the responsible party fails to pay the bill
			 in full within 30 days of its issuance, a second billing shall be issued by the
			 state fire marshal. The second billing and any subsequent billings shall
			 include interest on the unpaid balance. If payment is not made in full within
			 60 days of the initial billing, the responsible party shall be contacted by the
			 state fire marshal in an effort to obtain payment. If the matter remains
			 unresolved, legal action shall be brought to recover the costs of the response,
			 any legal fees, and other related expenses, including reasonable attorney's
			 fees.
(b) Within 30 days of the
			 original billing issued as a summary order, any responsible party who disagrees
			 with a billing for costs incurred as a result of an emergency response may
			 request a hearing, which shall be conducted in accordance with the Kansas
			 administrative procedure act, K.S.A. 77-501  et seq., and amendments thereto.
			 The request for a hearing shall specifically identify the portion of the
			 billing that is disputed and the factual basis of that dispute. Any remaining
			 portion of the bill that is undisputed shall be paid in accordance with
			 subsection (a).
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 24 - REGIONAL HAZARDOUS MATERIALS RESPONSE › Section 22-24-15 - Assisting with emergency response activities

Current through Register Vol. 43, No. 28, July 11, 2024
The local authority that has jurisdiction and that requested
				the emergency response shall provide all necessary assistance to the regional
				hazardous materials response team.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 25 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 22-25-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "ASTM" shall
			 mean the American society for testing and materials or its successor
			 organization.
(b) "Attorney
			 general" shall mean the attorney general of the state of Kansas.
(c) "Consumer testing" shall mean an
			 assessment of cigarettes that is conducted by, or under the control and
			 direction of, a manufacturer for the purpose of evaluating consumer acceptance
			 of the cigarettes, utilizing only the quantity of cigarettes that is reasonably
			 necessary for the testing. Consumer testing shall not be construed as the
			 "sale" of cigarettes for the purposes of this article.
(d) "Person" shall mean an individual,
			 partnership, corporation, or other association.
(e) "Sale" shall mean any transfer of title
			 or possession, or both, or exchange or barter, conditional or otherwise, in any
			 manner or by any means or any agreement. In addition to cash and credit sales,
			 the giving of cigarettes as samples, prizes, or gifts and the exchanging of
			 cigarettes for any consideration other than money shall be considered sales of
			 cigarettes.
(f) "State fire
			 marshal" shall mean the fire marshal of the state of Kansas.
(g) "UPC symbol" shall mean the symbol
			 signifying the universal product code.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 25 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 22-25-2 - Certification forms and requirements; recertification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Certification forms may be requested from
			 the state fire marshal's office.
(b) If any certification form, including all
			 required documentation, is incomplete, the state fire marshal or designee shall
			 notify the manufacturer in writing that the submission is incomplete. All
			 missing information and documentation shall be submitted to the state fire
			 marshal's office within 30 days of notification. If the submission is still
			 incomplete after 30 days, the fees shall not be refunded or considered part of
			 that submission or any other request.
(c) Each cigarette shall be retested in
			 accordance with
			 K.S.A.
			 31-603, and amendments thereto, within one
			 year before the submission of an application for recertification as required by
			 K.S.A.
			 31-604, and amendments thereto.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-2 - Hemp processor registration; renewal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No person shall
			 process industrial hemp in Kansas without a valid registration issued by the state
			 fire marshal. Each hemp processor registration shall be non-transferable.
(b) Each individual wanting to register as a hemp
			 processor shall submit an application on a form provided by the state fire
			 marshal.
(c) If the applicant is not an
			 individual, the applicant shall designate one or more individuals to be legally
			 responsible for all activities relating to hemp processing and submit an application
			 on a form provided by the state fire marshal, identifying each designated individual
			 and each owner.
(d) The application
			 shall also include the following:
(1) The street
			 address or a legal description of any premises that will serve as a part of the
			 applicant's processing operations;
(2) a
			 brief description of the industrial hemp processing methods that will be used,
			 activities that will be undertaken, and final hemp products planned for
			 production;
(3) a policies and
			 procedures manual, as specified in K.A.R. 22-26-5, for approval by the state fire
			 marshal; and
(4) a code footprint
			 meeting the requirements of K.A.R. 22-1-7.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-5 - Policies and procedures manual

Current through Register Vol. 43, No. 28, July 11, 2024
Each processor shall establish, maintain, and adhere to written
				policies and procedures for the processing, security, storage, inventory,
				distribution, and transportation of hemp, distillate, seeds, hemp products, and hemp
				waste, as defined in K.A.R. 22-26-1. These policies and procedures shall be
				specified in a manual that includes the following topics:
(a) Ensuring that all of the hemp and distillate
			 in every stage of processing and distribution are used and stored in such a manner
			 as to prevent diversion, theft, or loss and are accessible only to the minimum
			 number of authorized personnel essential for efficient operation;
(b) ensuring that hemp waste is kept in a secure
			 location in such a manner as to prevent diversion, theft, or loss and is accessible
			 only to the minimum number of authorized personnel essential for hemp waste storage
			 and disposal; and
(c) indicating the
			 methods of disposal of hemp waste that will be used.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-6 - Processing records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For each lot, each
			 processor shall make a processing record that shall include the following, except as
			 specified in subsection (b):
(1) The date of
			 processing;
(2) the batch identification
			 number of each batch processed in the lot;
(3) the method used for processing and the type
			 and name of any solvent or other compounds used in the processing of the
			 lot;
(4) the weight of the lot
			 processed;
(5) the weight of by-products
			 and of distillate from the lot that are not further processed;
(6) the weight and types of final hemp products;
			 and
(7) the weight of hemp waste from
			 the lot and the method of disposal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-7 - Access to records and property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Acceptance of a hemp
			 processor registration shall constitute a grant of consent to allow the state fire
			 marshal, or designee, complete, unrestricted, and immediate access to the records,
			 premises, motor vehicles on the premises, and motor vehicles used in the
			 transportation of hemp or distillate to determine compliance with the act and the
			 implementing regulations. Access shall be granted at reasonable times, whether the
			 processor is present or not, without interference or obstruction, with or without
			 cause, and with or without advance notice.
(b) Each processor shall sign, and shall require
			 each employee to sign, a form provided by the state fire marshal granting consent
			 for the state fire marshal or designee to search the processor's or employee's
			 person, personal effects, or vehicle while on the premises whenever an inventory
			 discrepancy is detected or there is reason to believe that the processor or employee
			 is in possession of hemp, distillate, seeds, or hemp waste for a purpose other than
			 the activities authorized by the act.
(c) If a processor denies the state fire marshal,
			 or designee, the access required by subsection (a), any court of competent
			 jurisdiction may issue a search warrant authorizing access to the records, premises,
			 or motor vehicles, upon application and showing of cause by the state fire marshal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-8 - Facilities; exemptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each hemp processing
			 facility shall be inspected by the state fire marshal before the issuance of a hemp
			 processor registration. A hemp processor registration shall be valid only for the
			 facility that was inspected at the time of registration.
Each hemp processing facility and premises shall continue to be
				subject to inspection by the state fire marshal, pursuant to K.S.A. 31-139  and
				amendments thereto.
(b) Each
			 processor shall ensure that the hemp processing facility complies with the national
			 codes and standards adopted by the state fire marshal, unless an exemption from a
			 specific requirement is granted by the state fire marshal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-9 - Security measures; reportable events; recordkeeping

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each processor shall
			 keep all equipment and areas used for the processing and storage of hemp,
			 distillate, seeds, or hemp waste securely locked and protected from entry by
			 unauthorized individuals.
(b) Each hemp
			 processing facility shall have adequate alarm and video surveillance security
			 systems to prevent and detect diversion, theft, or loss of hemp, distillate, seeds,
			 or hemp waste, including the following:
(1) A
			 perimeter alarm with motion detector providing coverage of all facility entrances
			 and exits, rooms with exterior windows, roof hatches, skylights, and storage rooms;
			 and
(2) a video surveillance
			 system.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-10 - Acquisition of hemp, by-products, distillate, or seeds for processing

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each processor shall obtain hemp, by-products, distillate, or seeds only from legal
			 sources.
(b) Each processor shall accept
			 hemp, by-products, distillate, or seeds only if the material is accompanied by a
			 harvest certificate, a certificate of analysis, or a similar document and by a
			 signed bill of lading that includes the weight of the material transferred, the date
			 of the transfer, and the following information:
(1)
			 The name, address, and registration, permit, or license number of the producer of
			 the hemp;
(2) the name, address, and
			 registration, permit, or license number of the person from whom the processor
			 acquired the hemp, by-products, distillate, or seeds; and
(3) the name, address, and registration, permit,
			 or license number of any prior processor.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-11 - Inventory control; reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each processor shall
			 conduct an inventory each processing week and create an inventory report that shall
			 include the locations and weights of each of the following materials:
(1) The hemp, by-products, distillate, seeds,
			 final hemp products, hemp waste, and treated hemp waste on hand at the start of the
			 processing week;
(2) the hemp,
			 by-products, distillate, and seeds received;
(3) the hemp, by-products, distillate, and seeds
			 processed, identified by batch identification numbers;
(4) the final hemp products produced;
(5) the hemp, by-products, seeds, final hemp
			 products, and distillate shipped from the facility;
(6) the hemp waste produced from processing
			 activities;
(7) the hemp waste
			 treated;
(8) the hemp waste disposed of;
			 and
(9) the hemp, by-products,
			 distillate, seeds, final hemp products, hemp waste, and treated hemp waste on hand
			 at the end of the processing week.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-12 - Disposal of hemp waste

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For any hemp waste, as defined in K.A.R.
			 22-26-1, that is required by K.S.A. 2020 Supp. 2-3909  and amendments thereto to be
			 rendered unusable and unrecognizable, the processor shall incorporate the hemp waste
			 into one or more of the nonconsumable solid waste materials listed below, such that
			 the resulting mixture is less than 50 percent hemp waste:
(1) Paper waste materials;
(2) cardboard waste materials;
(3) food waste materials;
(4) yard waste materials;
(5) soil or other growth media; or
(6) other materials approved by the state fire
			 marshal.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-13 - Transportation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each processor that sells, trades, barters,
			 gives away, or otherwise transfers any hemp, distillate, by-products, seeds, or
			 final hemp products to any other person shall ensure that the materials are
			 accompanied by the following:
(1) A harvest
			 certificate, a certificate of analysis, or a similar document from the producer;
			 and
(2) a signed bill of lading that
			 includes the following:
(A) The processor's
			 registration number;
(B) the total
			 weight of hemp, distillate, by-products, seeds, or final hemp products
			 transferred;
(C) the date of the
			 transfer; and
(D) the name and other
			 requested identifiers of the person acquiring the materials.
If the processor received these materials from a prior processor,
				the processor shall include a signed bill of lading from the prior processor.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-14 - Chain of custody for transportation of distillate

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No processor shall
			 supply or release distillate to any person or individual in Kansas who does not
			 possess one of the credentials specified in K.S.A. 2020 Supp. 2-3908  and amendments
			 thereto or who is not an employee of a person having one of those credentials,
			 except that, if not otherwise prohibited by state or federal law, any processor may
			 release distillate to an employee of a commercial shipping or delivery company for
			 transport to a licensed hemp producer in Kansas, a registered hemp processor in
			 Kansas, or another lawful recipient.
(b)
			 Each processor shall package all distillate leaving a hemp processing facility in a
			 container that is sealed with tamper-evident tape. The processor shall take a
			 digital photo of the seals on the containers after sealing the containers.
(c) Each sealed container shall be placed in a
			 locked compartment within the transport vehicle or secured in accordance with the
			 policies of a commercial shipping or delivery company. Acceptable compartments shall
			 include a trunk in a car, a locking cargo box in a truck, a safe, and a
			 lockbox.
(d) When distillate leaves a
			 hemp processing facility, the processor shall record the following information on a
			 form provided by the state fire marshal:
(1) Number
			 of containers in the shipment;
(2) batch
			 identification numbers for the distillate in each container;
(3) weight of each container;
(4) date and time of transfer;
(5) delivery address, recipient name, and any
			 other identifying information about the recipient required by the state fire
			 marshal; and
(6) if the transportation
			 is not being performed by a commercial shipping or delivery company, the signature,
			 name, and driver's license or state-issued identification card number of each
			 individual in the transport vehicle.
Kansas Administrative Regulations › Agency 22 - STATE FIRE MARSHAL › Article 26 - COMMERCIAL INDUSTRIAL HEMP PROCESSING › Section 22-26-16 - Testing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each processor shall allow the state fire
			 marshal or designee to inspect and take samples of any hemp, distillate,
			 by-products, seeds, or hemp products on the premises to determine compliance with
			 the act and implementing regulations.
(b) When requested by the state fire marshal, a
			 processor shall provide a representative sample of any material specified in
			 subsection (a) to a testing laboratory acceptable to the state fire
			 marshal.
(c)
(1) If testing is done pursuant to subsection (a)
			 or (b), a certificate of analysis from the testing laboratory shall be provided
			 directly to the state fire marshal.
(2)
			 If testing is done at the processor's request, the processor shall retain a copy of
			 the certificate of analysis for at least three years and shall make this copy
			 available to the state fire marshal upon request.
Kansas Administrative Regulations › Agency 24 - KANSAS WHEAT COMMISSION › Article 1 - MILL LEVY ASSESSMENT › Section 24-1-1 - Mill levy assessment

Current through Register Vol. 43, No. 28, July 11, 2024
Wheat marketed through commercial channels in the state of Kansas shall be assessed at 10 mills per bushel. The assessment shall be levied and assessed to the grower at the time of sale.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 1 - GENERAL PROVISIONS › Section 26-1-2 - Procedure for redesignation of planning and service area boundaries

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Requests for
			 redesignation of existing planning and service area boundaries shall be in
			 writing and may be made by any of the following applicants:
(1) Any unit of local government;
(2) any Indian tribal organization;
(3) any region within the state
			 recognized for area-wide planning; or
(4) any metropolitan area.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 1 - GENERAL PROVISIONS › Section 26-1-3 - Procedure for redesignation of area agency on aging

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Only one area
			 agency on aging shall be designated in each planning and service area.
(b) A request for redesignation of
			 an area agency on aging may be submitted by any of the following:
(1) Any unit of local government;
(2) any established office on aging operating
			 in a planning and service area;
(3) any private or public nonprofit agency;
			 or
(4) any Indian tribal
			 organization.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 1 - GENERAL PROVISIONS › Section 26-1-5 - Area plan development

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 area agency's executive director shall ensure that an area plan is developed
			 and submitted to the department for approval. An area agency shall not receive
			 any funds from the department until the area agency's area plan has been
			 approved.
(b) Each area plan shall
			 be submitted on forms prescribed by the secretary and shall contain all of the
			 assurances required in section 306 of the federal act, and all other relevant
			 information requested on the forms.
(c) Each area agency's executive director
			 shall ensure that units of local government, local advisory councils, potential
			 service providers, and older individuals, family caregivers, and other
			 representatives of these older individuals have an opportunity for involvement
			 in the development of the area plan.
(d) Each area agency's area plan shall
			 describe the rationale for the proposed allocation of funds for services in the
			 planning and service area. The rationale shall identify the manner in which the
			 proposed distribution of funds will meet identified nutrition and supportive
			 service needs.
(e) The area plan
			 shall provide assurances that the area agency will expend for services to older
			 individuals residing in rural areas in the area agency's planning and service
			 area an amount not less than the amount expended for these services in federal
			 fiscal year 2000.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 1 - GENERAL PROVISIONS › Section 26-1-6 - Operating policies and procedures of area agencies

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each area agency receiving funding under
			 an area plan shall have written policies and procedures to govern the conduct
			 of its operations and functions. These policies and procedures shall meet the
			 following requirements:
(1) Describe the
			 administrative and policy structure of the area agency; and
(2) describe the policies and procedures that
			 are applicable to recipients of services provided with funds from the
			 department and include any policies and procedures mandated by the
			 department.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 1 - GENERAL PROVISIONS › Section 26-1-8 - Confidentiality; policies and procedures to protect information; sanctions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Personal
			 information collected in the application for or delivery of services funded, in
			 whole or in part, by the department shall remain confidential unless the
			 disclosure meets any of the following conditions:
(1) Prior written consent to disclose an
			 individual's personal information is obtained from the individual or the
			 individual's legal representative.
(2) Disclosure is required to enable the
			 delivery of services for which the individual or the individual's
			 representative has requested or applied.
(3) Disclosure is required for program
			 monitoring purposes by authorized federal, state, or local agencies.
(4) Disclosure is required by court order,
			 administrative tribunal, or law.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 1 - GENERAL PROVISIONS › Section 26-1-9 - Withdrawal of area agency on aging designation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An area
			 agency's designation shall be withdrawn by the secretary after reasonable
			 notice and opportunity for a hearing, for any of the following reasons:
(1) An area agency does not meet federal,
			 state, or local requirements.
(2)
			 An area plan or plan amendment is not approved.
(3) There is substantial failure in the
			 provisions, implementation, or administration of an approved area plan to
			 comply with any provision of the older Americans act or the policies and
			 procedures established or published by the department.
(4) The area agency voluntarily withdraws as
			 the designated area agency on aging, which shall be effective only with the
			 express written consent of the secretary.
(5) The area agency expends the resources
			 allocated by the department in violation of the federal older Americans act or
			 the policies and procedures established or published by the department.
(6) The area agency does not
			 obtain approval by the department for a revision of its area plan before
			 implementing a change, as required by K.A.R. 26-2-4.
(7) The area agency fails to meet all
			 conditions of a notification of grant award issued by the department by the
			 deadline established by the department.
(8) There is a change in administration that
			 erodes the authority or capacity of the area agency to perform the functions
			 required by law and regulations.
(9) The area agency is insolvent or fails to
			 meet any of its financial obligations, including payroll, rent, utilities, or
			 payment of subgrantees or subcontractors, for a period of at least 90
			 consecutive days.
(10) The area
			 agency commits fraudulent, unethical, or unprofessional conduct.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 2 - GRANTS AND CONTRACTS › Section 26-2-1 - Notification of grant award (NGA) or contract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each grantee or
			 contractee of the department shall sign and return to the department a
			 notification of grant award or contract before funds will be advanced. The
			 notification of grant award or contract shall include:
(1) the total financial amount of the grant
			 award or contract, including:
(A) the amount
			 of funds to be provided by the department;
(B) the amount of funds to be provided by the
			 grantee or contractee; and
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 2 - GRANTS AND CONTRACTS › Section 26-2-3 - Reporting and unearned funds requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General reporting requirements.
(1) Each grantee and contractor shall submit
			 program and financial reports to comply with federal and state program
			 requirements. Each grantee and each contractor shall be responsible for the
			 following:
(A) Gathering accurate information
			 necessary to complete its reports;
(B) completing reports on forms or in a
			 format prescribed by the secretary, including entering data in the management
			 information system; and
(C)
			 submitting reports or data to the secretary or des-ignee on or before the due
			 dates.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 2 - GRANTS AND CONTRACTS › Section 26-2-4 - Revision of approved area plans, grants, or contracts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The area agency
			 may submit a written request for revision of an area plan, grant, or contract
			 to the secretary for approval.
(b)
			 A revision of an approved area plan, grant, or contract may be approved by the
			 secretary, if the secretary determines that the revision is consistent with the
			 state plan, program priorities, or mandates and will not adversely affect the
			 provision of services to older persons.
(c) The area agency shall submit a request
			 for revision of an area plan, grant, or contract to the secretary before the
			 final 60 days during which the plan, grant, or contract is in effect.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 2 - GRANTS AND CONTRACTS › Section 26-2-5 - Assessments of performance and compliance with department grants and contracts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each grantee or
			 contractee shall submit to an annual on-site assessment to:
(1) Determine the extent of compliance with
			 state and federal requirements; and
(2) assess the degree to which objectives
			 which are part of the grant or contract have been achieved.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 2 - GRANTS AND CONTRACTS › Section 26-2-6 - Basis for withholding of payments

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Payments to a
			 grantee or contractee shall be withheld by the department if:
(1) Expenditures by the grantee or contractee
			 fail to comply with applicable federal or state requirements; or
(2) The secretary suspends or terminates the
			 grant or contract.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 2 - GRANTS AND CONTRACTS › Section 26-2-7 - Closeout, suspension, or termination of a grant, subgrant, contract, or subcontract

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The department
			 and each recipient of department funds may close out, suspend, or terminate a
			 grant, subgrant, contract, or subcontract in accordance with the provisions of
			 45 C.F.R.
			 74.61,
			 74.62 and
			 74.71, as in effect on October 1,
			 1998, which are adopted by reference, with the following exceptions:
(1) Each reference in the federal regulations
			 to "HHS" shall be deemed to refer to the department when the department is a
			 party in an action with the grantee or contractor and refers to the grantee
			 when the grantee or contractor is a party in an action with the subgrantee.
(2) Each reference in the federal
			 regulations to "the Federal Government" shall be deemed to refer to the
			 department or grantee of the department.
(3) Each reference in the federal regulations
			 to "Federal" shall be deemed to refer to "state."
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 2 - GRANTS AND CONTRACTS › Section 26-2-10 - Audits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions.
(1) "Federal funds" means federal financial
			 assistance and federal cost-reimbursement contracts that non-federal entities
			 receive directly from federal awarding agencies or indirectly from the
			 department, other state agencies, or pass-through entities.
(2) "Limited-scope audit" means agreed-upon
			 procedures conducted in accordance with the American institute of certified
			 public accountants' generally accepted auditing standards or attestation
			 standards that address one or more of the following types of compliance
			 requirements:
(A) Activities allowed or
			 unallowed;
(B) allowable costs and
			 cost principles;
(C)
			 eligibility;
(D) matching, level of
			 effort, and earmarking; and
(E)
			 reporting.
(3)
			 "Pass-through entity" and "entity" mean a non-state organization that provides
			 a state award to a sub-recipient to carry out a federal or state
			 program.
(4) "Recipient" means an
			 entity that expends a state award received directly from the department to
			 carry out a federal or state program.
(5) "Single audit" means an audit that
			 includes both the entity's financial statements and the funds awarded by the
			 department and expended during the entity's fiscal year.
(6) "State award" means state financial
			 assistance and state cost-reimbursement contracts that entities receive
			 directly from the department or indirectly from pass-through entities. This
			 term shall not include procurement contracts used to buy goods or services from
			 vendors.
(7) "Subrecipient" means
			 an entity that expends department funds received from a pass-through entity to
			 carry out a federal or state program and shall not include an individual that
			 is a beneficiary of the program.
(8) "Vendor" means a dealer, distributor,
			 merchant, or other seller providing goods or services that are required for the
			 conduct of a federal or state program. These goods or services may be for the
			 entity's own use or for the use of beneficiaries of the federal or state
			 program.