Kansas Attorney General Opinion 2012-023

October 9, 2012
ATTORNEY GENERAL OPINION NO. 2012- 23
The Honorable Tom Arpke
State Representative, 69th District
512 W. Iron Ave.
Salina, KS 67401
Re: 	Fire Protection―Fire Safety and Prevention―Fire Marshal; Power and
Duties; Rules and Regulations
Fire Protection―Fire Safety and Prevention―Compliance with Certain
Building Codes Deemed Compliance with Fire Prevention Code
Synopsis: 	The adoption of the 2006 edition of the International Building Code in
K.A.R. 22-1-3(a) does not conflict with K.S.A. 31-134a. 	Cited herein:
K.S.A. 31-133, 31-134; 31-134a; K.A.R. 22-1-3.
* 	* 	*
Dear Representative Arpke:
As State Representative for the 69 th District, you ask for our opinion on whether K.A.R.
22-1-3(a), a regulation adopted by the State Fire Marshal that incorporates by reference
the 2006 edition of the International Building Code (IBC), conflicts with K.S.A. 31-134a.
K.A.R. 22-1-3(a) was adopted pursuant to K.S.A. 31-133, which provides that the State
Fire Marshal shall promulgate rules and regulations “for the safeguarding of life and
property from fire, explosion and hazardous materials.” 	In doing so, the State Fire
Marshall 	“may 	incorporate 	by 	reference 	specific 	editions, 	or 	portions 	thereof, 	of
nationally recognized fire prevention codes.” 1 These rules and regulations constitute
the Kansas fire prevention code. 2
1 K.S.A. 31-133(b).
2 See K.S.A. 31-134(b).

Rep. Tom Arpke
Page 2
Although K.A.R. 22-1-3(a) is authorized under K.S.A. 31-133, you believe it may conflict
with a different statutory provision, K.S.A. 31-134a(a)(4), which states:
(a) A building shall be deemed to comply with the Kansas fire prevention
code if the building conforms to one of the following building codes, has
been issued a certificate of occupancy and conforms to any special
requirements of the Kansas fire prevention code which are not covered by
such building code:
. . . .
(4) the 2000 edition of the international building code.
You note that this statute refers to the 2000 edition of the IBC and not the 2006 edition
adopted by K.A.R. 22-1-3(a).
Even so, we see no conflict between K.S.A. 31-134a(a)(4) and K.A.R. 22-1-3(a). 	That
is because subsection (b) of K.S.A. 31-134a explicitly authorizes the State Fire Marshal
to “adopt rules and regulations specifying those subsequent editions of the codes
enumerated in subsection (a) . . . which the state fire marshal has determined provide
protection equivalent to that of the Kansas fire prevention code.” 	In other words, the
State Fire Marshal may specify a later edition of the IBC than the 2000 edition cited in
the statute.
In conclusion, we opine that the adoption of the 2006 edition of the IBC in K.A.R. 22-1-
3(a) is authorized by K.S.A. 31-133 and is consistent with K.S.A. 31-134a.
Sincerely,
Derek Schmidt
Attorney General
Dwight Carswell
Assistant Attorney General
DS:AA:DC