K.A.R. Agency 22 | Kan. Admin. Regs. Agency 22 — State Fire Marshal

Article 1 Kansas Fire Prevention Code

Kan. Admin. Regs. § 22-1-1 Municipal compliance with Kansas fire prevention code

(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.

Editor's Note:

This article was formerly entitled "Dry Cleaning Plants." Regulations previously numbered 22-1-1 to 22-1-26, were revoked May 1, 1981, and number 22-1-1 reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 31-133 and 31-134; effective May 1, 1981; amended May 1, 1985; amended Aug. 28, 1989; amended Sept. 17, 1990; amended Feb. 4, 2011.)

Kan. Admin. Regs. § 22-1-2 Compliance with certain building codes

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).

Editor's Note:

This article was formerly entitled "Dry Cleaning Plants." Regulations previously numbered 22-1-1 to 22-1-26, were revoked May 1, 1981, and number 22-1-1 reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-134a; effective May 1, 1985; amended Aug. 28, 1989; amended May 10, 1993; amended July 9, 2004; amended Feb. 4, 2011.)

Kan. Admin. Regs. § 22-1-3 Adopted codes and standards

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;

(c) portable fire extinguishers. NFPA standard no. 10, including annexes A, B, C, D, E, F, G, H, I, J, and K, 2007 edition. The provisions of section 4.4.1 shall be effective only on and after January 1, 2014;

(d) installation of sprinkler systems. NFPA standard no. 13, including annexes A, B, C, and E, 2007 edition;

(e) installation of sprinkler systems in one-and two-family dwellings and manufactured homes. NFPA standard no. 13D, including annexes A and B, 2007 edition;

(f) installation of sprinkler systems in residential occupancies up to and including four stories in height. NFPA standard no. 13R, including annexes A and B, 2007 edition;

(g) installation of standpipe and hose systems. NFPA standard no. 14, including annexes A and B, 2007 edition;

(h) dry chemical extinguishing systems. NFPA standard no. 17, including annexes A and B, 2002 edition;

(i) wet chemical extinguishing systems. NFPA standard no. 17A, including annexes A and B, 2002 edition;

(j) water-based fire protection systems. NFPA standard no. 25, including annexes A, B, C, D, and E, 2008 edition;

(k) flammable and combustible liquids. NFPA standard no. 30, including annexes A, B, C, D, E, F, and H, 2008 edition;

(l) motor fuel-dispensing facilities. NFPA standard no. 30A, including annexes A, B, and D, 2008 edition;

(m) vehicular fuel systems. NFPA standard no. 52, including annexes A, C, D, and E, 2006 edition;

(n) national electric code. NFPA standard no. 70, including annexes A, B, C, D, E, F, G, and H, 2008 edition;

(o) fire alarms. NFPA standard no. 72, including annexes A, B, C, E, F, G, and H, 2007 edition;

(p) vapor removal from cooking equipment. NFPA standard no. 96, including annexes A and B, 2008 edition;

(q) life safety code. NFPA standard no. 101, including annexes A and B, 2006 edition;

(r) alternative approaches to life safety. NFPA standard no. 101A, including annexes A and B, 2007 edition;

(s) assembly seating, tents, and membrane structures. NFPA standard no. 102, including annexes A and B, 2006 edition;

(t) emergency and standby power systems. NFPA standard no. 110, including annexes A, B, and C, 2005 edition;

(u) fire safety symbols. NFPA standard no. 170, including annexes A, B, C, and D, 2006 edition; and

(v) tank vehicles for flammable and combustible liquids. NFPA standard no. 385, including annexes A, B, and C 2007 edition.

Editor's Note:

This article was formerly entitled "Dry Cleaning Plants." Regulations previously numbered 22-1-1 to 22-1-26, were revoked May 1, 1981, and number 22-1-1 reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 31-133; effective May 10, 1993; amended Feb. 4, 2011.)

Kan. Admin. Regs. § 22-1-4 Variances and exemptions

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,

(b) the condition, structure, or activity in noncompliance poses no immediate life safety hazard.

Editor's Note:

This article was formerly entitled "Dry Cleaning Plants." Regulations previously numbered 22-1-1 to 22-1-26, were revoked May 1, 1981, and number 22-1-1 reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1991 Supp. 31-133; implementing K.S.A. 31-136; effective May 10, 1993.)

Kan. Admin. Regs. § 22-1-5 Denial, refusal, suspension, or revocation

(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.

(b) A person or business aggrieved by an order of the office of the state fire marshal may seek an appeal and hearing under the provisions of K.S.A. 31-140, 31-141, and 31-142 by filing a notice of appeal in the office of the state fire marshal within fifteen (15) days from the date of the service of this order.

Editor's Note:

This article was formerly entitled "Dry Cleaning Plants." Regulations previously numbered 22-1-1 to 22-1-26, were revoked May 1, 1981, and number 22-1-1 reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133, K.S.A. 31-133a, as amended by L. 1992, ch. 220, § 1, and K.S.A. 31-157; effective May 10, 1993.)

Kan. Admin. Regs. § 22-1-6 Commercial fire suppression and detection firms, filing

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.

Editor's Note:

This article was formerly entitled "Dry Cleaning Plants." Regulations previously numbered 22-1-1 to 22-1-26, were revoked May 1, 1981, and number 22-1-1 reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Kan. Admin. Regs. § 22-1-7 Code footprint

(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;

(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.

(b) The following shall be required on all code footprints:

(1) A graphic bar scale;

(2) a north directional indicator;

(3) a complete building floor plan, with a clear identification of new, remodeled, and existing portions;

(4) identification of all permanent partitions taller than six feet;

(5) a label with plain text, keynotes, or legends for each room and space;

(6) the occupant load of assembly rooms and total occupant load for each floor level;

(7) identification of openings and ratings of stair and shaft enclosures;

(8) identification of openings and ratings of corridors and openings;

(9) identification of occupancy and area separations;

(10) identification of all horizontal exit arrangements, exit passageways, and smoke compartments;

(11) identification of all required exterior exits and exit capacity;

(12) the location of the central fire alarm control panel and any remote annunciator panels;

(13) the location of each fire department supply connection;

(14) the location of fire department access roads and fire hydrants;

(15) the distances to property line and exposures;

(16) identification of any special hazards or conditions; and

(17) the location of any anticipated future additions.

(1) The project construction purpose: new, addition, change in use, renovation, or other;

(2) the reason for submittal: new construction, new licensure, certificate of occupancy, or plan of correction for existing code deficiencies;

(3) the code or codes used;

(4) the street address, city, state, zip code, and county of the building;

(5) the name, address, city, state, zip code, phone number, and fax number of the owner;

(6) the date developed and any revision dates;

(7) the name, address, city, state, zip code, phone number, and fax number of the designer;

(8) the designer's seal (RA or PE);

(9) the name of the responding fire service;

(10) the name of the local building inspection department, if available;

(11) each occupancy group and type;

(12) the type of construction;

(13) the structural code requirements, including the following:

(A) The total floor area of each occupancy, both actual and allowable;

(B) height and area limitations, both actual and allowable; and

(14) identification of active fire safety features, including the following:

(A) The type of automatic suppression systems and locations;

(B) the fire alarm signaling system;

(D) the smoke control system;

(15) water supply requirements of the facility for fire suppression; and

(16) alternative methods of design or construction, or both.

Editor's Note:

This article was formerly entitled "Dry Cleaning Plants." Regulations previously numbered 22-1-1 to 22-1-26, were revoked May 1, 1981, and number 22-1-1 reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133; effective July 9, 2004.)

Article 4 Explosive Materials

Kan. Admin. Regs. § 22-4-5 Adoption by reference

(a) The 2013 edition of NFPA 495, "explosive materials code," published by the national fire protection association (NFPA), is hereby adopted by reference, with the alterations specified in subsections (b) through (d).

(b) The following provisions shall be excluded from adoption:

(1) All material before chapter 1 and all annexes;

(2) chapters 2, 8, and 12;

(3)(A) The last sentence of section 1.3.1;

(B) sections 1.4 through 1.4.3; and

(4)(A) The last sentence of section 3.1;

(B) section 3.2.1; and

(5)(A) Section 4.1.7;

(B) sections 4.2.3.1 through 4.2.3.3;

(D) section 4.8.2; and

(E) section 4.10.2;

(6) section 5.2.13.2;

(7)(A) Sections 6.3 through 6.3.5; and

(B) sections 6.6 through 6.6.8;

(8) sections 7.3 through 7.3.2;

(9) section 10.3.8.1;

(10) section 11.4.3;

(11) section 13.1.2; and

(12)(A) Sections 14.1 through 14.3.8;

(B) sections 14.4.1 through 14.4.4; and

(1) Section 1.3.2 shall be replaced with the following: "This code shall not apply to the transportation and use of military explosives by federal or state military agencies, nor shall this code apply to the use of explosive materials by federal, state, or municipal agencies while engaged in public safety functions, except that state and municipal agencies shall be subject to the storage, recordkeeping, and permitting requirements of this code."

(2) In section 1.3.5, the phrase "as defined in NFPA 1122, Code for Model Rocketry; NFPA 1125, Code for the Manufacture of Model Rocket and High Power Rocket Motors; and NFPA 1127, Code for High Power Rocketry" shall be deleted.

(3) The following text shall be added after section 1.3.6:

"This code shall not apply to small arms ammunition and components of small arms ammunition, but this code shall apply to the manufacture of smokeless propellants and black powder substitutes and to smokeless propellants and black powder substitutes not designed for use in small arms ammunition.

"This code shall not apply to commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnical fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. §921(a)(16) or in antique devices exempted from the term 'destructive device' in 18 U.S.C. §921(a)(4).

"This code shall not apply to the use, storage, or transportation of precursor chemicals used for agricultural purposes other than blasting, or to fertilizers and fertilizer materials regulated by the Kansas department of agriculture pursuant to K.S.A. 2-1201 et seq., and amendments thereto, except that thefts of ammonium nitrate shall be reported to the office of the state fire marshal and to a local law enforcement authority within 24 hours of discovering the theft."

(4) In section 3.2.2, the definition of "Authority Having Jurisdiction (AHJ)" shall be replaced with the following: "The state fire marshal or designee, except when the context indicates that the term is referring to a local fire department or law enforcement agency."

(5) In section 3.3.8, the definition of blasting agent shall be replaced with the following: "Any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive, provided that the finished product, as mixed for use or shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined."

(6) Section 3.3.20 shall be replaced with the following: "Explosive. Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term shall also include two or more precursor chemicals sold or possessed together that if mixed or combined would constitute a binary explosive."

(7) Section 3.3.49 shall be replaced with the following: "Small arms ammunition and components of small arms ammunition. Small arms ammunition or cartridge cases, primers, or smokeless propellants designed for use in small arms, including percussion caps, and 3⁄32 inch and other external burning pyrotechnic hobby fuses. The term shall not include black powder, but shall include black powder substitutes provided the propellant is a component of small arms ammunition."

(8) Section 4.2.1 shall be replaced with the following: "No person shall be in possession of explosive materials, or conduct an operation or activity requiring the use of explosive materials, or perform or supervise the loading and firing of explosive materials without first obtaining the correct permit or permits from the state fire marshal."

(9) Section 4.2.4 shall be replaced with the following: "Each permitted manufacturer, distributor, and user in the state shall maintain continuous general liability coverage that includes coverage for intentional blasting of not less than $1,000,000 from an insurance company authorized by the Kansas insurance department to do business in Kansas and shall annually provide proof of this insurance to the state fire marshal."

(10) Section 4.3.1 shall be replaced with the following sentence: "Before a person conducts an operation or activity that uses explosive materials in the state, the person shall obtain a user permit from the state fire marshal."

(11) Section 4.3.2 shall be replaced with the following sentence: "Before an individual performs or supervises the loading and firing of explosive materials in the state, that individual shall obtain the appropriate permit to blast, as specified in Table 4.3.2, from the state fire marshal, except that this requirement shall not apply to a trainee who is acting under the direct supervision of and is being trained by the holder of a blaster permit."

(12) The following classes of blasting permits shall be added to table 4.3.2:

(A) Class P1 permit. The category name for this permit shall be "Public Safety, Bomb Technician." The permit shall allow "blasting by a bomb technician acting on behalf of the state or a political or taxing subdivision in a public safety capacity."

(B) Class P2 permit. The category name for this permit shall be "Public Safety, Explosive Breacher." The permit shall allow "explosive breaching by a person acting on behalf of the state or a political or taxing subdivision in a public safety capacity."

(13) The following text shall be added after section 4.3.2:

"Permit to Manufacture. Before a person manufactures explosive materials in the state, that person shall obtain a manufacturer permit from the state fire marshal. A holder of a manufacturer permit shall not be required to obtain a distributor or user permit.

"Permit to Distribute. Before a person engages in the business of distributing explosive materials within the state, that person shall obtain a distributor permit from the state fire marshal, except that this requirement shall not apply to common carriers or to an out-of-state person who distributes explosive materials to the holder of a manufacturer or distributor permit. 'Distributing' shall mean the selling, issuing, giving, transferring, or other disposing of. A holder of a distributor permit shall not be required to obtain a user permit.

"Handler Permit. Before an individual, other than the holder of a blaster permit, actually or constructively possesses explosive materials in the state, that individual shall obtain a handler permit from the state fire marshal, except that a handler permit shall not be required to handle explosive materials under the direct supervision of the holder of a blaster permit. 'Direct supervision' shall mean that the holder of the blaster permit is physically present and overseeing the actions of the employee. Actual possession shall include the physical handling of explosive materials. Permitted handlers may include individuals who load or unload vehicles, trainees, magazine keepers, drillers, stemmers and sales staff.

"Storage Permit. Before a person stores explosive materials in the state, that person shall obtain a site-specific storage permit. The storage permit may be temporary or permanent. A permanent storage permit shall be valid for no longer than three years. A temporary storage permit shall be valid for no longer than 90 days, but the permit holder may apply to the office of the state fire marshal to renew the permit one time for no longer than an additional 90 days. Before either storage permit will be issued, the person shall obtain a manufacturer, distributor, or user permit from the state fire marshal, any explosive permit required by the bureau of alcohol, tobacco, firearms and explosives, and a certification from the fire department with jurisdiction over the area where the storage site will be located that the proposed storage of explosive materials will not violate any local laws."

(14) Section 4.4.2.1 shall be replaced with the following: "Each applicant shall complete a blaster training program and pass a qualifying examination in the category of blasting for which application is made. The blaster training program and qualifying examination shall be approved in advance by the office of the state fire marshal. To be approved by the office of the state fire marshal, a blaster training program or blaster refresher course shall provide training on the following topics, as applicable to the category of blasting for which application is made: the requirements of this code; federal explosives law and regulations; and industry standards related to the safe use, storage, and transportation of explosive materials."

(15) Section 4.4.2.2 shall be replaced with the following: "To be approved by the office of the state fire marshal, a qualifying examination shall test the applicant's knowledge of the following topics, as applicable to the category of blasting for which application is made: the requirements of this code; federal explosives law and regulations; and industry standards related to the safe use, storage, and transportation of explosive materials."

(16) Section 4.4.5 shall be replaced with the following: "Each person whose permit to blast has been revoked shall be required to complete a blaster training program and pass a qualifying examination of a condition of reinstatement of the permit. The blaster training program and qualifying examination shall be approved in advance by the office of the state fire marshal."

(17) Section 4.4.6 shall be replaced with the following: "Each person whose permit to blast has lapsed for a period of one year or longer shall be required to complete a blaster training program and pass a qualifying examination as a condition of renewal of the permit. The blaster training program and qualifying examination shall be approved in advance by the office of the state fire marshal."

(18) The following text shall be added after section 4.4.6:

"If the holder of a blaster or handler permit ceases to be employed by a permitted manufacturer, distributor, or user, the blaster or handler shall notify the office of the state fire marshal within five business days, and the individual's permit shall be placed on inactive status. The individual shall not blast or handle explosive materials while the permit is on inactive status. Before resuming work with a permitted manufacturer, distributor, or user, the blaster or handler shall notify the office of the state fire marshal, and the permit shall be returned to active status. However, if the permit has been on inactive status for at least one year, the holder shall complete an approved blaster refresher class for a blaster permit or an approved explosive safety course for a handler permit before the permit is returned to active status.

"Requirement for a Handler Permit. Before applying for or renewing a handler permit, an individual shall complete an explosive safety course approved by the state fire marshal. The explosive safety course shall provide training on the safe handling, storage, and transportation of explosive materials."

(19) Sections 4.5.1 and 4.5.2 shall be replaced with the following sentence: "The holder of any permit or permits issued pursuant to this code shall maintain a copy of the permit or permits at all sites where explosive materials are stored or used and in any vehicle used to transport explosive materials."

(20) Section 4.6.2 shall be replaced with the following sentence: "An individual shall be at least 18 years old before applying for a handler permit and at least 21 years old before applying for a blaster permit."

(21) In section 4.7.1(3), "is a fugitive from justice" shall be replaced with "has fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding."

(22) Section 4.8.1.1 shall be replaced with the following sentence: "Permit holders shall keep records in accordance with 27 C.F.R. Part 555, Subpart G, as adopted by reference in K.A.R. 22-4-5."

(23) Section 4.10.1 shall be replaced with the following: "When an application for renewal is filed with the office of the state fire marshal before expiration of the current permit, the existing permit shall not expire until the state fire marshal has taken final action upon the application for renewal or, if the state fire marshal's action is unfavorable, until the last day for seeking judicial review of the state fire marshal's action or a later date fixed by the reviewing court."

(24) The following sentence shall be added after section 4.10.3: "Before applying for renewal, the holder of a blaster permit shall complete a blaster refresher course approved by the state fire marshal and the holder of a handler permit shall complete an explosive safety course approved by the state fire marshal."

(25) Section 5.4.4.1.2 shall be replaced with the following: "The integrity of the fences and gates shall be checked at least annually."

(26) In section 5.4.7, the phrase "and the IAPMO Uniform Mechanical Code" shall be deleted.

(27) Section 9.7.2 shall be replaced with the following: "All magazines containing explosive materials shall be opened and inspected at maximum intervals of seven days to determine whether there has been unauthorized or attempted entry into the magazines or whether there has been unauthorized removal of the magazines or their contents."

(28) The following sentence shall be added before section 10.1: "A holder of a user permit shall notify the office of the state fire marshal at least 48 hours before beginning blasting operations at a site and before resuming blasting operations at a site if those operations have been suspended or discontinued for more than six months."

(29) Section 10.1.19.1(2) shall be replaced with the following: "Compliance with the safe distances in safety library publication 20, 'safety guide for the prevention of radio frequency radiation hazards in the use of commercial electric detonators (blasting caps),' published by the institute of makers of explosives (IME) and dated December 2011, parts II and III of which are hereby adopted by reference, with the exception of all text before table 1 and pages 36 through 38."

(30) Section 11.1.1 shall be replaced with the following: "This chapter shall apply to buildings and other structures. As used in this chapter, 'buildings and other structures' shall mean dwellings, public buildings, schools, places of worship, and commercial or institutional buildings."

(31) In section 11.1.3, all text after "with" shall be replaced with "the international society of explosives engineers' 'ISEE performance specifications for blasting seismographs,' 2011 edition."

(32) In section 11.1.4, the phrase "2009 edition" shall be added at the end of the sentence.

(33) The following text shall be added after section 11.1.4:

"The blaster-in-charge or designee shall conduct a preblast survey of all buildings and structures within a scaled distance of 35 ft/lbs½ from the blast site, except that a preblast survey shall not be required for a building or structure if the owner refuses permission or if the owner does not respond after three documented attempts to obtain permission.

"Where blasting seismographs are used, the permitted user shall maintain the seismograph recording and accompanying records for at least three years. These records shall include the maximum ground vibration and acoustics levels recorded, the specific location of the seismograph equipment, its distance from the detonation of the explosives, the date and time of the recording, the name of the individual responsible for operation of the seismograph equipment, the type of seismograph instrument, its sensitivity, and the calibration signal or certification date of the last calibration."

(34) Section 11.2.3 shall be replaced with the following sentence: "The ground vibration limit for underground utilities, pipelines, fiber optic lines, and similar buried engineered structures shall be five inches per second."

(35) Section 11.4.2 shall be replaced with the following: "Reasonable precautions shall be taken to prevent flyrock from being propelled from the blast site onto property not contracted by the blasting operation or onto property for which the owner has not provided a written waiver to the blasting operation."

(36) The following text shall be added at the end of chapter 11: "The blaster-in-charge shall ensure that a record of each use of explosives is made, and this record shall be retained for at least three years by the permitted user. The record shall include:

"(A) The name and permit number of the permitted user;

"(B) the location, date, and time of the detonation;

"(C) the name and permit number of the blaster-in-charge;

"(D) the type of materials blasted;

"(E) the type of explosives used;

"(F) the weight of each explosive product used and the total weight of explosives used;

"(G) the maximum weight of explosives detonated within any eight-millisecond period;

"(H) the initiation system, including the number of circuits and the timer interval, if a sequential timer is used;

"(I) the type of detonator and delay periods used, in milliseconds;

"(J) the sketch of delay pattern, including decking;

"(K) the distance and scaled distance, if applicable, to the nearest building or structure;

"(L) the location of the nearest building or structure, using the best available information; and

"(M) if bore holes are used, the number of bore holes, burden, and spacing; the diameter and depth of bore holes; and the type and length of stemming."

(37) Section 13.1.1 shall be replaced with the following sentence: "Two or more precursor chemicals that would constitute a binary explosive if mixed or combined shall be stored and used in the same manner as other explosive materials."

(38) Section 13.4.2 shall be replaced with the following: "Thefts of precursor chemicals during transportation, storage, and use shall be reported to the office of the state fire marshal, the bureau of alcohol, tobacco, firearms and explosives, and a local law enforcement agency."

(d)(1) Each citation in NFPA 495 to the following codes shall mean the edition adopted by reference in K.A.R. 22-1-3:

(A) NFPA 13, "standard for the installation of sprinkler systems"; and

(B) NFPA 70, "national electric code."

(2) Each citation in NFPA 495 to the following codes shall mean the edition adopted by reference in K.A.R. 22-6-20:

(A) NFPA 1123, "code for fireworks display";

(B) NFPA 1124, "code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles"; and

(3) Each citation of NFPA 1, "fire code," shall be replaced by "the international fire code (IFC) as adopted by reference in K.A.R. 22-1-3."

(4) Each citation of NFPA 5000, "building construction and safety code," shall be replaced by "the international building code (IBC) as adopted by reference in K.A.R. 22-1-3."

(e) 27 C.F.R. part 555, subpart G, as in effect on April 27, 2012, is hereby adopted by reference, with the following modifications:

(1) 27 C.F.R. 555.121(b), 555.122, 555.123(f), 555.124(f), 555.125(a), (b)(2), and (b)(6), 555.126, and 555.129 are not adopted.

(2) In 27 C.F.R. 555.121(c), the last sentence shall be deleted.

(3) In 27 C.F.R. 555.127, all text after "end of the day" shall be deleted.

(4) In 27 C.F.R. 555.128, the last sentence shall be replaced with the following sentence: "Copies of the records shall be delivered to the office of the state fire marshal within 30 days following the discontinuance of the business or operations."

(5) Wherever the term "Director, Industry Operations" appears in subpart G, this term shall be replaced with "state fire marshal."

(6) Each reference to a "licensed manufacturer" shall mean a "person with a state manufacturer permit." Each reference to a "licensed dealer" shall mean a "person with a state distributor permit."

(7) Each reference to a "limited permit" shall be deleted.

(f) Each existing user permit and each existing blaster permit issued by the state fire marshal shall be deemed valid and shall remain effective until the permit's expiration date, unless the permit is revoked or suspended before then.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2012 Supp. 31-133; effective, T-22-6-28-13, June 28, 2013; effective Oct. 18, 2013.)

Article 5 Fire Reporting Requirements

Kan. Admin. Regs. § 22-5-1 Reporting of incidents and casualties

(a) The chief of any organized fire department, regular or volunteer, or the chief law enforcement officer where no fire department exists shall submit the following reports to the state fire marshal for each incident occurring in the chief's municipality or fire district territory:

(1) An incident report for each incident where a response is made, regardless of whether an actual fire occurred;

(2) casualty reports for each civilian casualty (injury or death) that occurs as the result of any fire or explosion; and

(3) casualty reports for each firefighter casualty (injury or death) that occurs while acting in an official role as a firefighter.

(b) Each report shall be submitted by the 20th of the month following the incident.

(c) After January 1, 1984, Kansas uniform fire incident reporting system (K-FIRS) incident and casualty report forms shall be the only approved report forms, except that: (1) a municipality or fire district territory that can provide a machine readable medium which has been approved in writing by the state fire marshal may report by the machine readable medium; and (2) only the incident and casualty report forms will be accepted from a fire department after the fire department has complete training on the forms.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1984 Supp. 31-133(a)(6); effective May 1, 1980; amended May 1, 1982; amended May 1, 1986.)

Kan. Admin. Regs. § 22-5-2 Reporting of fire deaths

It shall be the duty of the chief of any organized fire department, regular or volunteer, or the chief law enforcement officer where no fire department exists, to report the name and address of any firefighter or other person who dies as a result of any fire or explosion in his or her municipality or fire district territory to the state fire marshal by telephone within seventy-two (72) hours. Telephone notification does not relieve the fire department of other reporting requirements.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133(a)(6); effective May 1, 1980; amended May 1, 1982.)

Kan. Admin. Regs. § 22-5-3 Reporting of fire losses by insurance companies

(a) Definitions.

(1) Annual report means a report submitted to the state fire marshal by a company setting forth the total number of fire losses and the total amount of losses paid for one calendar year.

(2) Company means a property or casualty insurance company transacting business in Kansas.

(3) FDID means a fire department identification number. Each fire department in Kansas shall be assigned an FDID.

(4) KILR form means the current edition of the Kansas insurance loss report form used by companies that do not use the PILR to report fire losses to the state fire marshal.

(5) Machine readable medium means a form that is readable by electronic data processing machines.

(6) PILR means the property insurance loss register reporting service of the American insurance association.

(7) PILR form means the reporting form used by PILR subscribers to report fire losses as approved by the state fire marshal.

(8) Reportable fire means a fire in Kansas that damages any property, dwelling, building, automobile, cropland, contents, and other such items, and that results in five hundred dollars ($500) or more in loss.

(9) Reporting service means a service provided by a third party to a company, such as adjusting services or bureaus that report to the state fire marshal on behalf of a company, including PILR.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 40-2,110; effective, E-82-4, Jan. 21, 1981; effective May 1, 1981; amended May 10, 1993.)

Kan. Admin. Regs. § 22-5-4 General requirements

(a) Only the PILR or KILR forms shall be used to report fire loss to the state fire marshal, except that a company or reporting service that can provide a machine readable medium which has been approved in writing by the state fire marshal may report by this machine readable medium.

(1) A PILR or KILR form shall be submitted for every fire loss over five hundred dollars ($500) that occurs in Kansas.

(2) PILR and KILR forms that are submitted by a company or reporting service shall be submitted to the state fire marshal no later than the 20th of the month following the report of the loss to the company.

(3) When a company has no losses to report to the state fire marshal, a PILR or KILR form shall be submitted that indicates "no losses" and the month and year for which it applies.

(b) FDID. Each KILR form reporting a loss to the state fire marshal shall contain the FDID and the name of the fire department in whose jurisdiction the loss occurred.

(c) Each PILR form shall contain the FDID and fire department name in the "Property Insurance Loss Register" box on the upper left corner of the PILR form.

(d) The information specified in (a) (2) and (3) is necessary even if the fire department did not respond. If no fire department protects the property, enter "None" in place of the FDID.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 40-2,110; effective, E-82-4, Jan. 21, 1981; effective May 1, 1981.)

Kan. Admin. Regs. § 22-5-5 Reports

(a) Reporting of losses by companies not subscribing to a reporting service. (1) A company shall report its losses directly to the state fire marshal except as noted in K.A.R. 22-5-4. Reports shall be submitted to the state fire marshal with postage paid.

(2) A company shall not be in compliance with these regulations until the applicable forms have been received in the office of the state fire marshal.

(b) Reporting of losses by companies subscribing to a reporting service. (1) A company may use a reporting service to report its losses to the state fire marshal instead of reporting directly to the state fire marshal.

(2) A company using a reporting service shall not be in compliance with these regulations until the applicable forms have been received by the state fire marshal from the reporting service.

(c) Annual report. Each company shall complete and submit an annual report to the state fire marshal no later than May 15 of the year immediately following the year being reported. This annual report shall contain the actual number of fire losses paid, and the total amount of fire dollar losses paid by the company.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 40-2,110; effective, E-82-4, Jan. 21, 1981; effective May 1, 1981.)

Kan. Admin. Regs. § 22-5-6 Reporting of burn wounds

Hospitals which treat burn patients and doctors or other health care providers who treat burn patients at any location other than a hospital shall report all second-and third-degree burn wounds involving 20% or more of the victim's body and requiring hospitalization of the victim to the state fire marshal on forms provided by the state fire marshal. Each report shall be mailed no later than the Monday following the date of the first treatment of any wound.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1988, Ch. 127, Sec. 1(7); effective May 1, 1986; amended Aug. 28, 1989.)

Article 6 Fireworks

Kan. Admin. Regs. § 22-6-1 Definitions; exclusions

(a)(1) "Fireworks" shall have the meaning specified in national fire protection association standard no. 1123, which is adopted by reference in K.A.R. 22-6-20.

(A) "Consumer fireworks" shall have the meaning specified in national fire protection association standard no. 1123, which is adopted by reference in K.A.R. 22-6-20.

(B) "Display fireworks" shall have the meaning specified in national fire protection association standard no. 1123, which is adopted by reference in K.A.R. 22-6-20.

(C) "Pyrotechnic article" shall have the meaning specified in national fire protection association standard no. 1124, which is adopted by reference in K.A.R. 22-6-20.

(2) "Novelties" shall have the meaning specified in the American pyrotechnic association standard no. 87-1, which is adopted by reference in K.A.R. 22-6-20.

(3) "Responsible person" means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials.

(b) Nothing in these regulations shall apply to the following:

(1) Toy smoke devices as defined in the American pyrotechnic association standard no. 87-1, section 3.2.3;

(2) toy paper caps as defined in the American pyrotechnic association standard no. 87-1, section 3.3;

(3) the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation;

(4) the military or naval forces of the United States or of this state, or peace officers; and

(5) the sale or use of blank cartridges for ceremonial or theatrical or athletic events.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 31-133; effective Jan. 1, 1973; amended Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-5 Sale; days permitted

A seasonal retailer shall not sell fireworks, except during the fireworks season. The fireworks season shall be the period beginning on June 27 and ending on July 5 of each calendar year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 31-506; implementing K.S.A. 2007 Supp. 31-502; effective Jan. 1, 1973; amended May 1, 1985; amended May 1, 1986; amended Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-9 Discharge of fireworks

(a) A person shall not ignite or discharge fireworks into, under, or from a car or vehicle, whether moving or standing still, or on a public roadway or the right-of-way adjoining a public roadway.

(b) Fireworks shall not be discharged within 100 feet of any "place of institution," as defined by national fire protection association standard no. 101, which is adopted by reference in K.A.R. 22-1-3, or any retail fireworks stand or facility where fireworks are stored.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 31-133; effective Jan. 1, 1973; amended May 1, 1986; amended Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-18 Records

(a) Each licensee with a permit to store display fireworks shall keep an accurate inventory of all firework materials on hand.

(b) Each operator of a temporary retail stand shall maintain a list of what consumer firework items are on the premises, indicating the Kansas licensed distributor from whom those items were purchased. This list shall be provided to law enforcement, the fire department, or the local authority, upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 31-133 and 31-506; implementing K.S.A. 2007 Supp. 31-133 and 31-505; effective Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-19 Purchase of display fireworks in another state

(a) Any person who holds a valid Kansas display operator license pursuant to K.A.R. 22-6-24 may purchase display fireworks from a federally licensed dealer located in a state other than Kansas and may have display fireworks purchased in that state transported to a permitted firework storage site in Kansas.

(b) A person who holds a Kansas display operator license shall not transport display fireworks across a state line in that person's own transport vehicle unless that person also holds a valid permit issued by the bureau of alcohol, tobacco, firearms, and explosives authorizing this activity.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 31-133; effective Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-20 Adoptions by reference

(a) The following national fire protection association codes and standards are hereby adopted by reference, with the following modifications and the modifications specified in subsection (b):

(1) No. 160, "standard for the use of flame effects before an audience," 2011 edition, with the following modifications:

(A) Section 1.3.5 shall be deleted; and

(B) section 8.1.2 shall be deleted and replaced with the following: "Each operator shall be licensed in accordance with K.S.A. 2015 Supp. 31-503, and amendments thereto, and K.A.R. 22-6-25.";

(2) no. 1123, "code for fireworks display," 2014 edition, except that sections 10.1.1 through 10.1.3 shall be deleted and replaced with the following: "Each operator shall be licensed in accordance with K.S.A. 2015 Supp. 31-503, and amendments thereto, and K.A.R. 22-6-24.";

(3) no. 1124, "code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles," 2006 edition, with the following modifications:

(A) In section 4.3.3.1, the words "to the Office of the State Fire Marshal" shall be added before the words "and to local law enforcement authorities";

(B) in section 5.1.1.2(1), the words "that are not bullet sensitive" shall be deleted;

(C) in section 6.2.7.1, the words "using an approved test sampling plan" shall be deleted and replaced by the following: "or a CPSC-approved test sampling plan shall be used";

(D) sections 6.5.2.3, 6.5.2.4, 6.14.4, 7.3.19.4, and 7.4.6.3 shall be deleted;

(E) in section 7.3.14.1.1, the text "three or as determined in accordance with NFPA 101, Life Safety Code, whichever number is greater" shall be deleted and replaced by the following: "two, or as determined in accordance with the international fire code, which is adopted by reference in K.A.R. 22-1-3, whichever number is greater"; and

(F) in section 7.3.15.6, the word "horizontally" shall be inserted before "ejected pyrotechnic components"; and

(4) no. 1126, "standard for the use of pyrotechnics before a proximate audience," 2011 edition, with the following modifications:

(A) Section 1.3.5.2 shall be deleted; and

(B) sections 6.5.1 through 6.5.1.2 shall be deleted and replaced with the following: "Each operator shall be licensed in accordance with K.S.A. 2015 Supp. 31-503, and amendments thereto, and K.A.R. 22-6-25."

(b) The following modifications shall be made to the codes and standards adopted in subsection (a):

(1) All material before the first chapter shall be excluded from adoption.

(2) All annexes shall be excluded from adoption.

(3) Chapter 2, "referenced publications," shall be excluded from adoption.

(4) All indexes and all material after the indexes shall be excluded from adoption.

(5) The last sentence of section 3.1 in each code or standard shall be excluded from adoption.

(6) Each reference to a code or standard adopted in article 1 shall mean the edition of that code or standard adopted in that article.

(7) Each reference to a code or standard adopted in this regulation shall mean the edition of that code or standard adopted in this regulation.

(8) The definition of "authority having jurisdiction (AHJ)" in section 3.2.2 shall be replaced with the following: "the state fire marshal or designee," except when the context indicates that the term is referring to a local fire department or a local law enforcement agency.

(c) Chapter three in American pyrotechnics association standard 87-1, "standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics," 2001 edition, is hereby adopted by reference, except for the following:

(1) Section 3.8;

(2) section 3.9; and

(3) section 3.10.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2016 Supp. 31-133 and K.S.A. 2016 Supp. 31-506; effective Dec. 29, 2008; amended April 6, 2018.)

Kan. Admin. Regs. § 22-6-21 Manufacturing license

(a) Except for any hobbyist manufacturer, each person engaged in the manufacture of fireworks in the state of Kansas shall obtain a license from the office of the state fire marshal.

(b) Each applicant shall indicate which of the following classes the applicant is requesting a license for on the application:

(1) Manufacture of consumer fireworks;

(2) manufacture of display fireworks;

(3) manufacture of pyrotechnic articles; or

(4) unlimited manufacture.

(1) Provide a list of the name of each individual, owner, partner, and other responsible person in the applicant's business; and

(2) pay a nonrefundable fee of $400.

(d) Each manufacturing license shall be valid for one year from the date of issuance.

(e) Each licensee shall keep the original license posted on the manufacturing site at all times while engaging in manufacturing operations. A copy of the license shall not be accepted as valid proof of licensure if the licensee is questioned by law enforcement, the fire department, or the local authority.

(f) Each licensee shall comply with national fire protection standard no. 1124, which is adopted by reference in K.A.R. 22-6-20, and all local, state, and federal regulations, statutes, and laws.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 31-506; implementing K.S.A. 2007 Supp. 31-503; effective Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-22 Hobbyist manufacturer license

(a) Each person engaged in the manufacture of consumer fireworks, display fireworks, or pyrotechnic articles for that individual's personal use shall obtain a license from the office of the state fire marshal.

(b) Each applicant shall meet the following requirements:

(1) Obtain a valid display operator license pursuant to K.A.R. 22-6-24; and

(2) pay a nonrefundable fee of $50.

(c) Each licensee shall keep the original license posted on the manufacturing site at all times while engaging in manufacturing operations. A copy of the license shall not be accepted as valid proof of licensure if the licensee is questioned by law enforcement, the fire department, or the local authority.

(d) The hobbyist manufacturer license shall be valid for four years from the date of issuance.

(e) The licensee shall comply with national fire protection association standard no. 1124, which is adopted by reference in K.A.R. 22-6-20, and all local, state, and federal regulations, statutes, and laws.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 31-506; implementing K.S.A. 2007 Supp. 31-503; effective Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-23 Distributor license

(a) Each person engaged in the distribution of fireworks shall obtain a license from the Kansas state fire marshal's office.

(b) Each applicant shall indicate which of the following classes the applicant is requesting a license for on the application:

(1) Distributor of consumer fireworks;

(2) distributor of display fireworks;

(3) distributor of pyrotechnic articles; or

(4) unlimited distributor.

(1) Provide a list of the name of each individual, owner, partner, and other responsible person in the applicant's business; and

(2) pay a nonrefundable fee of $300.

(d) Each distributor license shall be valid for one year from the date of issuance.

(e) Each licensee shall keep the original license posted on the distribution site at all times while engaging in distribution operations. A copy of the license shall not be accepted as valid proof of licensure if the licensee is questioned by law enforcement, the fire department, or the local authority.

(f) A license shall not be required for any of the following:

(1) Anyone who possesses a valid Kansas manufacturing license as specified in K.A.R. 22-6-21;

(2) anyone who transports fireworks from one state to another state through the state of Kansas if the ultimate destination of the fireworks is not within the state of Kansas;

(3) anyone who sells consumer fireworks during a fireworks season as a seasonal retailer;

(4) any freight delivery company or common carrier, as defined in 49 C.F.R. 171.8 on April 15, 1976, as amended; or

(5) any out-of-state person who sells, transports, delivers, or gives fireworks to a Kansas licensed manufacturer or distributor.

(g) Each licensee shall comply with national fire protection association standard nos. 1124 and 1126, which are adopted by reference in K.A.R. 22-6-20, and with all local, state, and federal regulations, statutes, and laws.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 31-506; implementing K.S.A. 2007 Supp. 31-503; effective Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-24 Display operator license

(a) Each person who operates an outdoor display of display fireworks, as defined in K.A.R. 22-6-1, shall obtain a license from the office of the state fire marshal.

(b) Each applicant shall meet all of the following requirements:

(1) The applicant shall provide proof of experience in the performance of at least three outdoor displays of display fireworks in the last four years.

(A) For each of the three required displays, each applicant for a new display operator license shall include documentation of participation as an assistant under a display operator who has a valid Kansas license at the time of the displays. The licensed display operator shall provide written verification of the applicant's participation in the display.

(B) For each of the three required displays, each applicant for renewal of the display operator license shall provide a signature from the local jurisdiction, organization sponsoring the display, Kansas licensed distributor who produced the display, or another Kansas licensed operator assisting with the display.

(2) The applicant shall complete a written examination, administered by the state fire marshal, and shall be required to achieve a passing score of at least 80 percent.

(d) Each licensee shall keep the original license on the licensee's person at all times while performing duties as a display operator. A copy of the license shall not be accepted as valid proof of licensure if the licensee is questioned by law enforcement, the fire department, or the local authority.

(e) No fee shall be charged for a display operator license for any person who is an officer or employee of the state or any political or taxing subdivision of the state if that person is acting on behalf of the state or political or taxing subdivision.

(f) Each licensee shall comply with national fire protection association standard no. 1123, which is adopted by reference in K.A.R. 22-6-20, and all local, state, and federal regulations, statutes, and laws.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 31-506; implementing K.S.A. 2016 Supp. 31-503; effective Dec. 29, 2008; amended April 6, 2018.)

Kan. Admin. Regs. § 22-6-25 Proximate pyrotechnic operator license

(a) Each person who operates any indoor or outdoor pyrotechnic article, as defined in K.A.R. 22-6-1, shall obtain a license from the state fire marshal.

(b) Each applicant shall indicate which of the following classes the applicant is requesting a license for on the application:

(1) Indoor proximate pyrotechnic operator license;

(2) outdoor proximate pyrotechnic operator license;

(3) flame effect pyrotechnic operator license; or

(4) unlimited proximate pyrotechnic operator license.

(1) The applicant shall provide proof of experience in the performance of at least three pyrotechnic displays in the last four years as follows:

(A) Each display shall be in the class for which licensure is sought. Each applicant for an unlimited proximate pyrotechnic operator license shall demonstrate proficiency in each of the three classes listed in paragraphs (b)(1) through (b)(3) and shall provide proof of experience in the performance of at least two displays in each class.

(B) The use of at least four individual devices of pyrotechnic articles shall be used to qualify as a display.

(C) For each of the displays required for a new proximate pyrotechnic license, the applicant shall acquire a signature from a proximate pyrotechnic operator who had a valid Kansas license for that type of display at the time of the display, verifying that the applicant assisted in the operation of the display.

(D) For each of the displays required for renewal of the proximate pyrotechnic license, the applicant shall acquire a signature from the local jurisdiction, organization sponsoring the display, Kansas licensed distributor who produced the display, or another Kansas licensed proximate pyrotechnic operator licensee assisting with the display.

(2) The applicant shall complete a written examination, administered by the state fire marshal, and shall be required to achieve a passing score of at least 80 percent.

(d) The proximate pyrotechnic operator license shall be valid for four years from the date of issuance.

(e) Each licensee shall keep the original license on the licensee's person at all times while performing duties as a proximate pyrotechnic operator. A copy of the license shall not be accepted as valid proof of licensure if the licensee is questioned by law enforcement, the fire department, or the local authority.

(f) No fee shall be charged for a proximate pyrotechnic operator license for any person who is an officer or employee of the state or any political or taxing subdivision of the state if that person is acting on behalf of the state or political or taxing subdivision.

(g) Each licensee shall comply with national fire protection association standard nos. 160 and 1126, which are adopted by reference in K.A.R. 22-6-20, and all local, state, and federal regulations, statutes, and laws.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 31-506; implementing K.S.A. 2016 Supp. 31-503; effective Dec. 29, 2008; amended April 6, 2018.)

Kan. Admin. Regs. § 22-6-26 Fireworks storage permit

(a) Each person who stores display fireworks shall obtain a permit from the state fire marshal. A permit shall not be required for the use of day boxes, as defined in national fire protection association standard no. 1124, which is adopted by reference in K.A.R. 22-6-20, at a display site.

(b) Each applicant shall meet the following requirements:

(1) Hold a valid Kansas license to possess fireworks. The license shall be at least one of the following:

(A) Display operator license;

(B) hobbyist manufacturer license;

(D) distributor license; or

(E) proximate pyrotechnic operator license; and

(2) pay a nonrefundable fee of $25.

(c) Each licensee shall keep the original permit at the location of the storage site. A copy shall not be accepted as a valid permit if the permit holder is questioned by law enforcement, the fire department, or the local authority.

(d) Each storage permit shall be valid for one of the following, whichever occurs first:

(1) Four years from the date of issuance;

(2) the expiration date of the license specified in paragraph (b)(1); or

(3) the date on which the storage site is vacated if the site is vacated before the expiration date of the permit. The permit holder shall notify the Kansas state fire marshal's office and the local authority having jurisdiction when the site is vacated and is no longer in use.

(e) No fee shall be charged for a fireworks storage permit for any person who is an officer or employee of the state or any political taxing subdivision of the state if that person is acting on behalf of the state or political taxing subdivision.

(f) Each licensee shall comply with all local, state, and federal regulations, statutes, and laws.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 31-506; implementing K.S.A. 2007 Supp. 31-504; effective Dec. 29, 2008.)

Kan. Admin. Regs. § 22-6-27 Denial, suspension or revocation of permit or license

(a) A license or permit shall be denied issuance, suspended, or revoked by the state fire marshal if the state fire marshal finds that the applicant, licensee, or permit holder meets either of the following conditions:

(1) Has been convicted of a felony; or

(2) knowingly provided false information in conjunction with an application for a license or permit.

(b) A license or permit may be denied issuance, suspended, or revoked by the state fire marshal if the state fire marshal finds that the applicant, licensee, or permit holder meets either of the following conditions:

(1) Violated any provision of any regulation of the state fire marshal; or

(2) failed, neglected, or refused to provide direct supervision over any unlicensed person who assisted in the performance of a fireworks display.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 31-133 and 31-506; effective Dec. 29, 2008.)

Article 7 Flammable And Combustible Liquids

Kan. Admin. Regs. § 22-7-6 Flammable and combustible liquids; applications and checklists

The state fire marshal shall make available on request applications, guidelines, checklists, procedures, applicable regulations and the like regarding the safe storage, use and sale of flammable and combustible liquids as well as the installation and maintenance of related tanks, piping, valves and dispensers.

Editor's Note:

This article was formerly entitled, "Bulk Oil and Service Stations; Flammable Liquids." Regulations formerly appearing hereunder were revoked.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Kan. Admin. Regs. § 22-7-7 Approval of plans

(a) Except as otherwise provided in this section, before the construction or modification of any installation for the storage, handling or use of flammable liquids is undertaken, drawings or blueprints made to scale shall be submitted to the state fire marshal with an application, all in duplicate, for approval. Within a reasonable time after receipt of the application with drawings or blueprints, the state fire marshal shall examine the plans and, if found to conform to applicable requirements of the Kansas Fire Prevention Code, shall signify approval of the application either by endorsement thereon or by attachment thereto, retain one copy for the files and forward the second copy to the Kansas Department of Health and Environment for their required approvals and eventual return to the requestor. If the drawings or blueprints do not indicate conformity with the applicable requirements of the Kansas Fire Prevention Code, the state fire marshal shall notify the applicant accordingly. Plans and applications shall be submitted postage paid to the address specified by the state fire marshal.

(b) The plans approval requirement applies to the following:

(1) Each new installation of tanks containing flammable or combustible liquids in the following amounts:

(A) Any state, county or local governmental unit installing tanks of 660 gallons or more capacity;

(B) any Industrial or Business company installing tanks of 660 gallons or more capacity;

(D) any tank installed for the retail sale of flammable or combustible product through dispenser devices;

(2) any modifications to or replacements of tanks or piping at any establishment or facility meeting the requirements of (1); and

(3) any installation of new dispenser locations at any establishments or facility meeting the requirements of (1). This does not include the routine replacement of dispensers at existing sites.

(c) This plans approval requirement is in addition to any local jurisdiction requirements necessary to meet local zoning or permit approval and additional local requirements. In the event of a dispute as to whether or not the drawings or blueprints show conformity with the applicable requirements of these regulations, the local decision can be appealed to the state fire marshal in accordance with statutory provisions.

(d) All submitted drawings shall include the following minimum information:

(1) The name of the person, firm, or corporation proposing the installation, the location thereof and the adjacent streets or highways;

(2) for bulk plants, in addition to any applicable features required under (4) and (5) of this section, the plot of ground to be utilized and its immediate surroundings, including any structures of value located on adjacent properties within 100 feet of the property line, on all sides, the complete layout of buildings, tanks, loading and unloading docks, and the types of construction of each building;

(3) for service stations, in addition to any applicable features required under (4) and (5) of this section, the plot of ground to be utilized and the complete layout of buildings, drives, and dispensing equipment;

(4) for above ground storage, the location and capacity of each tank, the dimensions of each tank, the class and name of liquid to be stored in each tank, the type of any tank supports, the types and sizes of normal and emergency valves, and the location of pumps and other facilities by which the tanks are filled or drained;

(5) in the case of underground storage, the location and capacity of each tank, the class and name of liquid to be stored in each tank, and the location of fill, gauge and vent pipes and openings; and

(6) in the case of installation for storage, handling or use of flammable liquids within the buildings or enclosures at any establishment or occupancy covered in this section, such detail as to show whether applicable requirements are met.

Editor's Note:

This article was formerly entitled, "Bulk Oil and Service Stations; Flammable Liquids." Regulations formerly appearing hereunder were revoked.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Kan. Admin. Regs. § 22-7-8 Retroactivity

(a) Kansas Fire Prevention Code regulations governing flammable and combustible liquids shall apply uniformly at all new or existing establishments and facilities in Kansas except as modified below. Requirements pertaining to operational practices and use of containers shall apply and be enforced at all new or existing establishments and facilities at or in which flammable or combustible liquids are stored, handled or used as of the effective date of these regulations.

(1) Physical installations shall apply and be enforced at all establishments and facilities erected, constructed, installed or first devoted to flammable or combustible liquid storage, handling or use on or after the effective date of these regulations.

(2) Establishments and facilities in existence prior to the effective date of these regulations shall comply with the following minimum requirements.

(A) The location or arrangement of buildings, tanks, platforms, docks, or spacing or clearances between these installations or between these installations and adjoining property lines, shall not be deemed to be distinctly hazardous and may be continued. When reconstruction or modernization of any noncomplying establishment or facility existing prior to the effective date of these regulations is undertaken, the elimination or correction of such nonconformity shall then be made in the course of such work.

(B) Lack of adequate emergency venting on any above ground tank, or lack of an operable fire valve at any tank opening below the liquid level on above ground tanks of more than 1,100 gallons or on any size above ground tank used for refueling at a service station, is deemed to be distinctly hazardous and shall be corrected or eliminated by no later than January 1, 1994 in all tanks except for crude oil tanks in oil fields, or tanks at refineries or marine or pipeline terminals.

(C) Lack of a liquid level gauge or a suitable means to prevent tank overfilling with the availability of appropriate conversion charts to determine the available capacity of a tank is deemed to be distinctly hazardous, and such system or means shall be installed and operable by no later than October 1, 1993.

(D) Lack of diking of existing above ground tanks to contain a fuel spill of at least 110 percent to the capacity of the largest tank is deemed to be distinctly hazardous, and such diking or containment shall be installed which contains the product at a location away from inhabited buildings or places of high value by no later than January 1, 1994.

(E) Lack of breakaway devices on all dispenser hoses and the secure anchoring of dispensers is deemed to be distinctly hazardous, and such shall be installed, anchored and operable by no later than October 1, 1993.

(F) Lack of a properly installed fire valve underneath a dispenser in a pressurized piping system is deemed to be distinctly hazardous, and such device shall be installed immediately.

(G) Lack of a properly operating solenoid valve installed adjacent to any tank installed at an elevation which produces a gravity head on a dispensing device used to refuel vehicles and in the piping serving any such dispenser is deemed to be distinctly hazardous, and such valve shall be installed by no later than July 1, 1994, or at any prior date when such piping or dispenser is modified or replace.

(H) Lack of a fire valve or vacuum-activated anti-siphon valve installed underneath any suction type dispenser served by above ground tanks at an elevation that produces a gravity head on a dispensing device used to refuel vehicles is deemed to be distinctly hazardous, and either a fire valve or anti-siphon vacuum activated valve shall be installed by no later than July 1, 1994, or at any prior date when such piping or dispenser is modified or replaced.

(I) Lack of substantial collision protection at the end of dispenser islands is determined to be distinctly hazardous, and such protection shall be provided no later than January 1, 1994, or any prior date when dispenser island is modified or upgraded.

Editor's Note:

This article was formerly entitled, "Bulk Oil and Service Stations; Flammable Liquids." Regulations formerly appearing hereunder were revoked.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 31-133; effective May 10, 1993.)

Kan. Admin. Regs. § 22-7-9 Flammable and combustible liquid transfer responsibility

Each individual conducting the transfer of flammable or combustible liquids from a transport vehicle to a storage tank governed by the Kansas Fire Protection Code shall verify the available capacity of the tank prior to starting any transfer operations, be in attendance during such operations and take the necessary steps to insure that overfilling does not occur.

Editor's Note:

This article was formerly entitled, "Bulk Oil and Service Stations; Flammable Liquids." Regulations formerly appearing hereunder were revoked.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Kan. Admin. Regs. § 22-7-10 Emergency response training

(a) Each employee involved in fuel transfer into motor vehicles at a retail service station, including attendants and cashiers of self-service stations, upon employment and at least annually thereafter shall receive training from a responsible facility representative or industry organization on the proper procedures to be used in case of fire, overfill, or fuel spill situation. Such training shall include information regarding improper transfer of fuels, types of improper and illegal containers, and instruction of the proper use of fire extinguishers. Documentation of such training shall be maintained and shall be available for inspection upon request by a deputy state fire marshal.

(b) Each establishment or facility involved in fuel transfer into motor vehicles at retail service stations shall have emergency instructions covering fire, overfill or fuel spill procedures posted and readily available in the vicinity of all control consoles or attendant locations. Emergency telephone numbers shall be included on the instructions. The owner or designee of each establishment or facility is responsible for developing and posting the instructions.

Editor's Note:

This article was formerly entitled, "Bulk Oil and Service Stations; Flammable Liquids." Regulations formerly appearing hereunder were revoked.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Kan. Admin. Regs. § 22-7-11 Connection of above ground tanks to dispensers used for refueling vehicles

(a) Above ground tanks of no more than 12,000 gallons total capacity may be connected to a dispenser used for refueling vehicles if, by the determination of the state fire marshal, adequate safeguards, including distances to property of value, proper valving and dispenser protection are provided and a reasonable degree of safety is maintained.

(b) Local jurisdictions may supersede this approval through zoning, ordinance or permitting prohibitions against such installations.

Editor's Note:

This article was formerly entitled, "Bulk Oil and Service Stations; Flammable Liquids." Regulations formerly appearing hereunder were revoked.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Kan. Admin. Regs. § 22-7-12 Aboveground abandonment of underground tanks

(a) Any underground tanks previously containing flammable or combustible liquids which are abandoned above ground shall be marked on two sides, in legible numbers not less than eight inches tall, the month, day and year the tank was first abandoned. The local fire department shall be notified of the location of any site where any group of tanks having a combined capacity of more than 12,000 gallons is abandoned.

(b) The tank owner shall be responsible for:

(1) Purging the tank of vapors;

(2) insuring that explosive concentrations of vapors cannot gather inside the tank; and

(3) insuring that no opening of the tank is accessible to children.

(c) Tanks abandoned for more than twelve months shall then be rendered unusable by the tank owner by disassembly or other appropriate means which shall permit the free circulation of air throughout the tank.

(d) No underground tank shall be reinstalled for aboveground use without being certified for such use by meeting the requirements of UL standard 142 or equivalent.

Editor's Note:

This article was formerly entitled, "Bulk Oil and Service Stations; Flammable Liquids." Regulations formerly appearing hereunder were revoked.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Article 8 Liquefied Petroleum Gases

Kan. Admin. Regs. § 22-8-2 Required signs at liquefied petroleum gas facilities

Each owner or operator of a liquefied petroleum gas facility shall ensure that the requirements of this regulation are met. (a) Each bulk storage container for liquefied petroleum gas shall be marked with "Flammable LP gas" in letters at least six inches in height. A "No smoking" sign shall be posted within 20 feet of the container area.

(b) A weatherproof sign shall be posted at the main entrance to the facility stating the owner's name, the address of the facility, the license number of the facility, and an emergency phone number, which shall be answered 24 hours a day and seven days a week. The owner or operator, or designee, shall be available for emergency callback. This sign shall be readable at all times and shall be marked with letters and numbers at least three inches in height.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 55-1812; effective May 1, 1979; amended May 1, 1984; amended March 31, 2006.)

Kan. Admin. Regs. § 22-8-3 Definitions

(a) "End retail user" has the meaning specified in K.S.A. 55-1807, and amendments thereto.

(b) "Interruption of service" has the meaning specified in K.S.A. 55-1807, and amendments thereto.

(c) "Liquefied petroleum gas" has the meaning specified in K.S.A. 55-1807, and amendments thereto. This term is also known as "LP gas" or "LPG."

(d) "Liquefied petroleum gas facilities" has the meaning specified in K.S.A. 55-1807, and amendments thereto.

(e) "Liquefied petroleum gas marketer" and "marketer" have the meaning specified in K.S.A. 55-1807, and amendments thereto.

(f) "Liquefied petroleum gas system" and "system" have the meaning specified in K.S.A. 55-1807, and amendments thereto.

(g) "LP gas motor fuel" means a material having a vapor pressure not exceeding that allowed for commercial propane composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane, including normal butane and isobutane, and butylenes.

(h) "Major modification" means a 2,000-gallon increase or decrease in the amount of LP gas storage or the relocation of any LP gas bulk storage tank, dispenser, or bulkhead.

(i) "Public transportation vehicle" means a motor vehicle used to transport persons for hire.

(j) "Recognized testing laboratory" means a nationally recognized testing agency approved by the state fire marshal that is staffed by qualified personnel, is properly equipped to conduct safety tests, and is regularly engaged in conducting tests and furnishing inspection and reexamination services.

(k) "Retail distribution of liquefied petroleum gas" has the meaning specified in K.S.A. 55-1807, and amendments thereto.

(l) "Returned to service" has the meaning specified in K.S.A. 55-1807, and amendments thereto.

(m) "Site plans" means a scale drawing of an LP gas marketer's property showing the location of the site, including the location of the buildings, aboveground or underground tanks, and dispensing units, indicating the distances between all buildings, tanks, and units.

(n) "State fire marshal" means the fire marshal of the state of Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 55-1812; effective, E-82-28, Dec. 22, 1981; effective May 1, 1982; amended May 1, 1983; amended March 31, 2006.)

Kan. Admin. Regs. § 22-8-5 Application and drawings

(a) Each LP gas marketer who wants to construct an LP gas facility or make a major modification to an existing liquefied petroleum gas facility shall submit an application, on a form provided by the state fire marshal's office, with drawings to the state fire marshal's office as specified in this regulation. If required, the marketer shall send a copy of the drawings to the local authority having jurisdiction before the marketer begins the construction or a major modification.

(b) Each application shall be accompanied by drawings, which shall be made to scale on paper no larger than 11 inches by 17 inches. The tank drawings and site plan shall be clear and readable and shall show all dimensions. The applicant shall submit the application and drawings and shall obtain approval from the state fire marshal before the construction of, or any major modification to, any of the following:

(1) Any bulk storage or transfer facility with an aggregate water capacity of more than 2,000 gallons;

(2) any tank installed for the retail sale of LP gas through dispenser devices;

(3) any portable cylinder storage and filling facility;

(4) any vehicle fuel dispensing station;

(5) any facility where the handling or use of liquefied petroleum gas is undertaken; or

(6) any liquefied petroleum gas service station.

(c) The construction or major modification of any liquefied petroleum gas facility with an aggregate water capacity exceeding 2,000 gallons shall not commence until the application and drawings are reviewed and approved by the state fire marshal.

(d) The requirement to submit drawings for approval shall be in addition to any local jurisdiction's zoning or permit approval requirements and any additional local requirements.

(e) All submitted drawings shall include the following information:

(1) The name of the person, firm, or corporation planning the new or modified LP gas facility, the location of the proposed facility, and the location of the adjacent streets or highways;

(2) for bulk plants, the location of the plot of ground to be utilized and its immediate surroundings, including any structures of value located on adjacent properties within 100 feet of the property line on all sides, and the complete layout of the buildings, tanks, point-of-transfer operations, driveways, and dispensing equipment;

(3) the location, capacity, and dimensions of each tank; the types, sizes, and locations of all valves, including hydrostatic relief and emergency shutoff valves; the location of all lines and pumps; the location of the plot of ground to be utilized; and the complete layout of the buildings, driveways, and dispensing equipment;

(4) the type, size, and location of all appliance piping located below ground and connected to aboveground equipment;

(5) for underground storage, the location and capacity of each tank, the class and name of the liquid to be stored in each tank, and the location of the fill openings, gauges, vent pipes, valves, and regulators; and

(6) all details specifically requested in the application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 55-1810; effective, E-82-28, Dec. 22, 1981; effective May 1, 1982; amended May 1, 1983; amended March 31, 2006; amended March 29, 2024.)

Kan. Admin. Regs. § 22-8-6 Self service LP stations

Self service LP gas service stations open to the public except political or state subdivisions shall be prohibited in the state of Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133; effective, E-82-28, Dec. 22, 1981; effective May 1, 1982.)

Kan. Admin. Regs. § 22-8-8 Inspections

Each liquefied petroleum gas facility licensed under the Kansas propane and safety act shall be inspected by the state fire marshal or the state fire marshal's designee during the application process or during the first year of licensure. After each license renewal, the facility shall be inspected by the state fire marshal or the state fire marshal's designee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 55-1808 and 55-1812; effective March 31, 2006.)

Kan. Admin. Regs. § 22-8-9 Approval process for application and drawings

(a) Each submitted application and the accompanying drawings specified in K.A.R. 22-8-5 shall be approved or denied pursuant to K.S.A. 55-1810 and amendments thereto.

(b) If the application or drawings do not indicate substantial conformity to the applicable requirements of the Kansas fire prevention code and the state fire marshal's regulations, the applicant shall be notified in writing that the application is deemed deficient by the state fire marshal.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 55-1812; implementing K.S.A. 55-1810; effective March 31, 2006.)

Kan. Admin. Regs. § 22-8-10 Licensing requirements; classes; renewals

(a) To obtain a license under the Kansas propane safety and licensing act, each applicant shall submit the following to the state fire marshal's office:

(1) An application for each desired license;

(2) proof that the training requirements in K.A.R. 22-8-11 for each desired license have been met; and

(3) proof of continuous general liability insurance coverage of at least $1,000,000.

(b) The classes of licenses shall be as follows:

(1) A class one dealer license shall be required for the retail distribution of liquefied petroleum gas.

(2) A class two bulk storage site license shall be required for the bulk storage of liquefied petroleum gas.

(3) A class three cylinder transport license shall be required to operate a cylinder delivery service.

(4) A class four cylinder filling license shall be required to operate a cylinder filling facility. For the purpose of this paragraph, "cylinder filling facility" shall include any facility that fills cylinders or sells cylinder valves.

(5) A class five recreational vehicle fueling license shall be required to fuel recreational vehicles or mobile fuel containers.

(6) A class six cylinder exchange cabinet license shall be required to establish a cylinder exchange cabinet or participate in a cylinder program. Each cabinet shall be required to have a new sticker applied to the cabinet annually. Each sticker shall be provided by the state fire marshal's office.

(7) A class seven self-serve liquefied petroleum gas dispensing license shall be required to operate a liquefied petroleum gas fueling facility.

(8) A class eight installation and service of liquefied petroleum gas systems license shall be required to install, maintain, or modify a residential or commercial liquefied petroleum gas distribution and utilization system.

(d) Any LP gas license may be renewed annually. Each applicant for renewal shall submit the following to the state fire marshal's office on or before July 15:

(1) The renewal form;

(2) proof that the continuing education requirements have been met; and

(3) proof of continuous general liability insurance coverage of at least $1,000,000.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 55-1812; implementing K.S.A. 55-1809 and K.S.A. 2016 Supp. 55-1812; effective March 31, 2006; amended April 6, 2018.)

Kan. Admin. Regs. § 22-8-11 Initial training; instructor and class approval

(a) For each type of initial license sought, each applicant or, if the applicant is not an individual, an agent or employee of the applicant shall complete the required training specified in this regulation.

(b) If the individual who completed the required training specified in this regulation ceases to be an agent or employee of the licensee, another agent or employee of the licensee shall complete the training specified in this regulation within six months of the date the individual who previously completed the training ceased to be an agent or employee of the licensee.

(d) Each applicant shall submit proof of successful completion of the following certified employee training program (CETP) or propane education and research council (PERC) courses or equivalent courses approved by the state fire marshal, as applicable, to the state fire marshal's office:

(1) For a class one dealer license, the basic principles and practices class, except that this requirement shall not apply to any applicant seeking a class four or class five license who will not otherwise engage in the retail distribution of liquefied petroleum gas;

(2) for a class two bulk storage site license, the basic plant operations class;

(3) for a class three cylinder transport license, the propane delivery operations and cylinder delivery class or the bobtail delivery operations class;

(4) for a class four cylinder filling license, the dispensing propane safely class;

(5) for a class five recreational vehicle fueling license, the dispensing propane safely class;

(6) for a class six cylinder exchange cabinet license, one of the following:

(A) If the applicant is a cylinder exchange company, the basic principles and practices class; or

(B) if the applicant owns or operates an individual cylinder exchange location, no required training;

(7) for a class seven self-serve liquefied petroleum gas dispensing license, the dispensing propane safely class; and

(8) for a class eight installation and service of liquefied petroleum gas systems license, the basic principles and practices class and one of the following:

(A) The installing appliances and interior vapor distribution systems class;

(B) the designing and installing exterior vapor distribution systems class; or

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2013 Supp. 55-1812; effective March 31, 2006; amended May 2, 2014.)

Kan. Admin. Regs. § 22-8-12 Refresher training

(a) Each licensee shall ensure that one of the following occurs at least every three years:

(1) The individual who completed the initial training required by K.A.R. 22-8-11 completes the corresponding refresher training.

(2) An agent or employee of the licensee other than the individual specified in paragraph (a)(1) completes the initial training specified in K.A.R. 22-8-11.

(b) Each instructor and each refresher course shall be approved in advance by the state fire marshal.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2013 Supp. 55-1812; effective March 31, 2006; amended May 2, 2014.)

Kan. Admin. Regs. § 22-8-13 Adoption of national codes

The following national fire protection association standards, including the annexes, are hereby adopted by reference: (a) Standard no. 54, "national fuel gas code," 2006 edition; and

(b) standard no. 58, "liquefied petroleum gas code," 2008 edition, except that the provisions of chapter 6.25 shall be effective only on and after January 1, 2012.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 55-1812; effective March 31, 2006; amended Feb. 4, 2011.)

Kan. Admin. Regs. § 22-8-14 Interruption of LP gas service

(a) Each licensee that modifies, repairs, services, or alters an end retail user's liquefied petroleum gas system shall fill out an "interruption of LP gas service form" for each modification, repair, service, or alteration. The licensee shall require the signature of the customer on the form and shall keep the original form on file for five years. The licensee shall make each form available to the state fire marshal upon request.

(b) The form specified in subsection (a) shall be obtained from or approved by the state fire marshal's office. This form is also known as an "out of LP gas" form.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 55-1812; effective March 31, 2006.)

Kan. Admin. Regs. § 22-8-17 Public LP gas cylinder exchange cabinets

Each liquefied petroleum gas marketer and each owner or operator of a location with any public LP gas cylinder exchange cabinets shall ensure that the requirements of this regulation are met. (a) Each public LP gas cylinder exchange cabinet shall be located at least 10 feet from any doorway or opening in a building frequented by the public. Each cabinet shall be located at least 20 feet from any automotive fuel dispenser and at least 20 feet from any source of ignition.

(b) Each public LP gas cylinder exchange cabinet shall be protected from vehicle damage. The protection of each cabinet shall consist of guard posts or either tire bumpers or curbs made of concrete.

(1) Each guard post shall be designed and constructed as follows:

(A) Each post shall be constructed of steel that is at least four inches in diameter and is filled with concrete.

(B) The posts shall be spaced not more than four feet apart and at least four feet high from the top edge of the footing hole. A minimum of two posts shall be used.

(D) Each post shall be set at least three feet deep in a concrete footing that is at least 15 inches in diameter.

(E) Each post shall be painted yellow.

(F) The clearance between the posts and the cabinet shall be at least three feet.

(2) Each tire bumper or curb shall be designed and constructed as follows:

(A) Each bumper or curb shall be made of concrete and shall be at least four feet long.

(B) The premanufactured height of the bumper or curb shall be at least five inches.

(D) The clearance between the cabinet and either the bumper or curb shall be at least three feet.

(E) Each bumper or curb shall be painted yellow.

(c) (1) All emergency information and product information on each public LP gas cylinder exchange cabinet shall be visible and readable from the front of each cabinet and on each cylinder. All company information, including an emergency phone number that is answered 24 hours a day and seven days a week, shall appear on each cabinet and cylinder and shall be readable. Each cabinet shall bear the words "No smoking" and "propane" in letters at least three inches high.

(2) Each exchange cabinet shall bear one or more warning labels that identify the hazards of propane in terms of the categories of health, flammability, and instability to provide basic information to fire-fighting, emergency response, and other personnel. Each warning label shall meet the requirements specified in national fire protection standard no. 704, 2001 edition, including the annexes, which is hereby adopted by reference.

(d) Each cylinder shall remain upright when stored in the exchange cabinet, whether the cylinder is empty, full, or partly full.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 55-1812; effective March 31, 2006.)

Article 10 Installation and Certification Standards for Extinguishing Devices

Kan. Admin. Regs. § 22-10-1 Certification standards, definitions

(a) "Business" means any person or firm who inspects, services or installs portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment. "Business" does not include any person or authorized agent of the person who installs a portable fire extinguisher for protection of the person's own property or business or any individual acting as a representative or employee of a certified firm.

(b) "Certificate" means a written document issued by the state fire marshal that authorizes a business to perform the act or acts permitted by these regulations.

(d) "Charge" means to fill and make a portable fire extinguisher or fixed extinguishing system cylinder or container ready for use.

(e) "Class" or "classes" mean the specific function or functions that a business is authorized to perform under these regulations.

(f) "Department of transportation (DOT) cylinder" means a cylinder manufactured and tested in compliance with specifications of the United States department of transportation.

(g) "Engineered system" means a fixed extinguishing system that requires individual calculation and design to determine the flow rates, nozzle pressure, quantities of extinguishing agent, and the number and types of nozzles and their placement in a specific system.

(h) "Firm" means any person, partnership, corporation, association or business which installs, services, charges, recharges or inspects any portable fire extinguisher or fixed extinguishing system, unless otherwise exempted.

(i) "Fixed extinguishing system" means an automatic fire extinguisher for commercial cooking equipment.

(j) "Hydrostatic testing" means the pressure-testing of cylinders and containers by approved hydrostatic methods.

(k) "Portable fire extinguisher" means a device that contains chemical fluids, powders, or gases for extinguishing fires and has a label of approval attached by a nationally recognized testing laboratory.

(l) "Pre-engineered system" means a fixed extinguishing system with predetermined flow rates, nozzle pressures, and quantities of extinguisher agents.

(m) "Recognized testing laboratory" means a nationally recognized testing agency, approved by the state fire marshal, which is staffed by qualified personnel, properly equipped to conduct the particular tests in question, and is regularly engaged in conducting tests and furnishing reports on the inspections, examinations and tests of the most recent production of the listed product.

(n) "Self-contained cooking equipment" means a unit of cooking equipment manufactured with a grease collection and vapor removal apparatus as an integral part of the unit and provided with or designed for the installation of a fixed extinguishing system.

(o) "Service" means to conduct a thorough check of a portable fire extinguisher or fixed extinguishing system including charging, maintaining, recharging, repairing, testing or tagging necessary to give maximum assurance that the portable fire extinguisher or fixed extinguishing system will operate effectively and safely.

(p) "Test" means to subject any portable fire extinguisher or fixed extinguishing system to the procedure necessary to assure its proper operation or installation.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a as amended by L. 1990, Ch. 135, Sec. 1; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; amended May 1, 1986; amended Jan. 21, 1991.)

Kan. Admin. Regs. § 22-10-2 Applicability

(a) These regulations shall apply to:

(1) any business that services, charges, recharges, installs or inspects portable fire extinguishers;

(2) any business that is manufacturer-authorized to service, charge, recharge, install or inspect fixed extinguishing systems;

(3) any business that is not manufacturer-authorized but is state-certified to service, recharge and inspect fixed extinguishing systems;

(4) any business that conducts hydrostatic testing of portable fire extinguisher or fixed extinguishing system cylinders or containers;

(5) any combination of (1), (2), (3) or (4); or

(6) any business that has employees who service, recharge or inspect only the portable fire extinguishers owned and used exclusively by the business.

(b) These regulations shall not apply to:

(1) any manufacturer who charges a portable fire extinguisher or fixed extinguishing system cylinder or container prior to its initial sale;

(2) any business engaged in the sale of approved portable fire extinguishers but not engaged in the servicing, charging, recharging, installing or inspecting of portable fire extinguishers; or

(3) any person or authorized agent of a person who installs a portable fire extinguisher for protection of that person's own property or business.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a as amended by L. 1990, Ch. 135, Sec. 1; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-81, Oct. 25, 1982; amended May 1, 1983; amended Jan. 21, 1991.)

Kan. Admin. Regs. § 22-10-3 Registration certificate

(a) Each business that services, recharges, installs, or inspects portable fire extinguishers or fixed extinguishing systems or hydrostatically tests these cylinders or any combination of them shall obtain a registration certificate issued by the state fire marshal unless otherwise exempted by these regulations. The registration certificate shall indicate the class or classes that are authorized. A certified business shall provide only the classes listed under its own registration number. A certified business may take orders for a class or classes that are not authorized by its registration certificate if these orders are consigned to a business that is certified to perform the class or classes indicated.

(b) The registration certificate shall indicate one or more of the following classes:

(1) Class RA, which permits servicing, recharging, installing, or inspecting fixed extinguishing systems by a currently certified manufacturer's distributor;

(2) class RB, which permits servicing, recharging, installing, or inspecting portable fire extinguishers;

(3) class RC, which permits hydrostatic testing of non-DOT cylinders, including wet chemical or dry chemical containers; or

(4) class RD, which permits servicing, recharging, and inspecting fixed extinguishing systems.

(c) Each business that desires a registration certificate shall submit a written application on forms prescribed by the state fire marshal and signed by the sole proprietor, each partner, or an officer of the corporation, as appropriate.

(d) Each applicant shall provide proof that an employee meets one of the following requirements:

(1) Received training from the manufacturer of each fixed extinguishing system whose products are used by the business indicating the type or types of systems the employee has been trained to service; or

(2) meets the following requirements:

(A) Has a notarized affidavit filed with the state fire marshal's office attesting that the employee has at least two years of experience in servicing, recharging, and inspecting fixed extinguishing systems and has access to the tools and service manuals for each fixed extinguishing system that the business services; and

(B) has current certification through the international code council and the national association of fire equipment distributors (ICC/NAFED).

(e) A nonrefundable application fee of $200 shall accompany each application. No fee shall be charged for any person who is an officer or employee of the state or any political or taxing subdivision if that person is acting on behalf of the state or political or taxing subdivision.

(f)(1) Each applicant for a class RA registration certificate shall provide proof of at least $500,000 of insurance covering comprehensive general liability, bodily injury, property damage, and completed operations.

Written authorization shall be included from each fixed extinguishing system manufacturer whose products are used by the business including the types of systems the business is authorized and has been trained to install or service. The manufacturer's authorization shall remain valid until the employee's training certificate expires or is cancelled for misconduct.

(2) Each applicant for a class RB or RC registration certificate shall provide proof of at least $100,000 of insurance covering comprehensive general liability, bodily injury, property damage, and completed operations.

(3) Each applicant for a class RD registration certificate shall provide proof of a at least $1,000,000 of insurance covering comprehensive general liability, bodily injury, property damage, and completed operations.

(g) If, after reviewing the application, insurance information, record of services, servicing and shop facilities, and methods and procedures of operations, the state fire marshal finds that granting or renewing a registration certificate would be in the interest of public safety and welfare, a certificate for the appropriate classes of registration requested by the business shall be issued or renewed by the state fire marshal. An identifying number shall be assigned by the state fire marshal to each registration certificate.

(h) Each registration certificate shall be valid for one calendar year. Renewal applications shall be submitted to the state fire marshal on or before November 30 of the year of expiration and shall meet the requirements of subsections (d), (e), and (f), as applicable.

(i) Evidence that a registration certificate has been altered shall render the certificate invalid. The altered certificate shall be surrendered to the state fire marshal.

(j) Each change in the location or ownership of a certified business shall be reported in writing to the state fire marshal at least 14 days before the change. Failure to notify the state fire marshal may render the registration certificate invalid. Each change in location or ownership shall be verified by the state fire marshal or an authorized deputy.

(k) Each registration certificate issued by the state fire marshal shall be posted at the certified location and be available for inspection during normal business hours.

(l) A duplicate registration certificate may be issued by the state fire marshal to replace one that has been lost or destroyed if a written statement attesting to the loss or destruction of the original certificate is submitted.

(m) A registration certificate shall not constitute authorization for a registration certificate holder or the holder's employees to perform either of the following:

(1) To enter any property or building; or

(2) to enforce any provision of these regulations.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 31-133, 31-133a; effective, E-82-3, Jan. 21, 1981, effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; amended Aug. 28, 1989; amended Sept. 17, 1990; amended Jan. 21, 1991; amended Feb. 4, 2011.)

Kan. Admin. Regs. § 22-10-6 Requirements

The requirements for the servicing, charging, recharging, installing or inspecting or hydrostatic testing of portable fire extinguishers or fixed extinguishing systems shall be performed in accordance with these regulations and the manufacturer's recommended procedures at the time of installation.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a as amended by L. 1990, Ch. 135, Sec. 1; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; amended Jan. 21, 1991.)

Kan. Admin. Regs. § 22-10-7 Sale or lease of portable fire extinguishers

A portable fire extinguisher or fixed extinguishing system shall not be sold, leased, or installed in the state of Kansas unless it carries a label of approval from a recognized testing laboratory.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133 and 31-133a; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982.)

Kan. Admin. Regs. § 22-10-8 Prohibited extinguishers

The sale, lease, servicing, or recharging of carbon tetrachloride fire extinguishers in the state of Kansas shall be prohibited.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133 and 31-133a; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982.)

Kan. Admin. Regs. § 22-10-9 Service tags

(a) A new service tag shall be attached to a portable fire extinguisher or fixed extinguishing system in a position that shall be convenient to inspect, but that shall not hamper its operation or removal.

(b) Each service tag shall contain:

(1) the servicing firm's business name;

(2) the address of the servicing business;

(3) the registration certificate class and number;

(4) the type of service performed;

(5) the date the service is performed;

(6) the label "do not remove by order of the state fire marshal";

(7) the signature of the service person; and

(8) the type of extinguisher.

(c) Service tags shall be printed for a minimum of two years use. Service tags shall be approximately two and one-half inches in width and not more than five and one-half inches in length.

(d) All required information shall appear on one side of the service tag. Any other desired printing or information shall be placed on the reverse side of the tag.

(e) Every tag attached to an extinguisher serviced by a certified business after January 1, 1991 shall conform to these regulations.

(f) No person shall remove a service tag except when further service is performed. No person shall deface, modify, or alter a service tag attached to a portable extinguisher or fixed extinguishing system.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a as amended by L. 1990, Ch. 135, Sec. 1; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; amended Jan. 21, 1991.)

Kan. Admin. Regs. § 22-10-11 Approval of fixed extinguishing systems

(a) The authority to approve or disapprove any fixed extinguishing system installed in this state shall lie in the state fire marshal or deputy state fire marshal. This determination shall be made pursuant to K.A.R. 22-10-13, 22-10-14 and 22-10-17, or to the manufacturer's installation instructions.

(b) When a fixed extinguishing system is disapproved written notification of this disapproval shall be forwarded to the business making the installation and to the owner or occupant of the premises where the fixed extinguishing system is installed. This written notification shall include the reason or reasons why the fixed extinguishing system was disapproved.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; amended Oct. 29, 1990.)

Kan. Admin. Regs. § 22-10-15 Fire extinguishers

Approved portable fire extinguishers shall be maintained in a fully charged and operable condition, and kept in their designated places at all times when not in use.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133; effective May 1, 1985.)

Kan. Admin. Regs. § 22-10-16 Automatic extinguishing systems

In addition to the provisions of K.A.R. 22-10-15, each facility maintaining commercial cooking equipment shall have approved automatic extinguishers mounted in the ventilation canopies or directly above such equipment. All equipment shall bear the label of a nationally-recognized testing laboratory and shall contain an approved extinguishing agent. The state fire marshal may exempt a facility from the requirements of this regulation, if in the marshal's opinion, the exemption from this requirement would not present an immediate life safety hazard.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 31-133; effective May 1, 1985; amended May 1, 1987.)

Kan. Admin. Regs. § 22-10-18 Minimum performance standards for holders of class RA registration certificates

(a) Each Class RA registration certificate holder shall insure that the performance of servicing, recharging, installing or inspecting of fixed extinguishing systems in commercial cooking equipment is done in accordance with the Kansas Fire Prevention Code, the appropriate national standards adopted therein and the applicable current design specifications of the manufacturer.

(b) Each Class RA registration certificate holder installing fixed extinguishing systems in commercial cooking equipment shall provide the state fire marshal with written notification within 30 days after installation of each new installation in Kansas. This notification shall contain:

(1) the business name and location of the installation;

(2) reference to the section of the manufacturer's installation manual by which it was installed;

(3) the date of the installation;

(4) the name, address and certificate number of the business making the installation;

(5) the make and model of the system; and

(6) a drawing of the piping layout and nozzle placement as installed.

(c) The performance of servicing, recharging, installing or inspecting of fixed extinguishing systems in commercial cooking equipment conducted after June 30, 1993 shall include the completion of a checklist, in addition to any other required tag. The original checklist will be left with a business representative at the time the servicing, recharging, installation or inspection is completed. A copy of the checklist will be maintained by the Class RA registration certificate holder for at least 24-months during which time it is subject to inspection on demand by a deputy state fire marshal during normal business hours. The checklist shall include:

(1) the type of system;

(2) the type of service;

(3) the business name and location of the system;

(4) the items checked, repaired or replaced;

(5) the date of service;

(6) the starting time and ending time of the work;

(7) the name of the person completing the work;

(8) the name, address and certificate number of the Class RA Registration Certificate holder conducting the work;

(9) a notation of corrective action, modification or any continuing non-complaint items;

(10) the signature of a representative of the business; and

(11) a statement notifying the business that the checklist will be kept available for inspection by a deputy state fire marshal or local fire inspector.

(d) A new installation of a fixed extinguishing system may be permitted in an existing range hood for vapor removal not strictly in compliance with NFPA pamphlet no. 96 if the state fire marshal determines that no distinct life safety hazard would result.

(e) The installation of a fixed extinguishing system in self-contained cooking equipment need not comply with NFPA pamphlet no. 17, 17A and 96 if designed and installed according to the manufacturer's specification.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133 and 31-133a, as amended by L. 1992, ch. 220, subsection 1; effective May 10, 1993.)

Kan. Admin. Regs. § 22-10-19 Minimum performance standards for holders of class RB and RC registration certificates

(a) Each Class RB registration certificate holder shall insure that the performance of servicing, recharging, installing, or inspecting portable fire extinguishers is done in accordance with the Kansas Fire Prevention Code, the appropriate national standards adopted therein and any applicable design specifications of the manufacturer.

(b) Each Class RC registration certificate holder shall insure that the performance of hydrostatic testing of non-DOT fire extinguisher cylinders is done in accordance with the Kansas Fire Prevention Code, the appropriate national standards adopted therein and any applicable design specifications of the manufacturer.

(c) The performance of servicing, recharging, installing or inspecting of portable fire extinguishers or hydrostatic testing of non-DOT fire extinguisher cylinders conducted after June 30, 1993 shall include, in addition to any other required tags or labels, the completion of a checklist or invoice. The original checklist or invoice will be left with a business representative at the time the servicing, recharging, installation or inspection is completed. A copy of the checklist will be maintained by the Class RB or RC registration certificate holder for at least 24 months during which time it is subject to inspection on demand by a deputy state fire marshal during normal business hours. The checklist or invoice shall include:

(1) the business name and location;

(2) the date of service;

(3) the starting time and ending time of the work;

(4) the name of the person completing the work;

(5) the name, address and certificate number of the RB or RC registration certificate holder conducting the work;

(6) the signature of a representative of the business;

(7) a statement notifying the business that the checklist or invoice will be kept available for inspection by a deputy state fire marshal or local fire inspector; and

(8) a summary of the number and types of extinguishers serviced and the type of service performed.

(d) Six-year maintenance labels. After June 30, 1993, each six-year maintenance shall be recorded on a record label consisting of a mylar decal or sticker, with dimensions not exceeding 1.5 inches by 2.5 inches, which shall be affixed on the exterior of the extinguisher shell. Any six-year maintenance tags previously attached to an extinguisher shall be removed prior to affixing a new tag. The label shall contain:

(1) the year and month that the six-year maintenance was performed;

(2) the name of the firm completing the service;

(3) the initials of the person performing the maintenance.

(e) After June 30, 1993, whenever a low-pressure hydrostatic test is performed, it shall be recorded on a test label consisting of a mylar decal or sticker, with dimensions not exceeding 1.5 inches by 2.5 inches, which shall be affixed on the exterior of the extinguisher shell. Any test tag previously attached to an extinguisher shall be removed prior to affixing a new tag. The record label shall contain:

(1) the year and month that the test was performed;

(2) the test pressure;

(3) the name of the firm completing the service; and

(4) the initials of the person performing the maintenance.

(f) Internal service tags. After June 30, 1992, the following requirements shall be met.

(1) In addition to any other label required by these regulations, an internal service tag shall be provided each time an extinguisher is opened for any type of maintenance or for any other purpose. The following types of extinguishers are exempt from this requirement:

(A) carbon dioxide;

(B) halogenated agents;

(D) extinguishers containing water or water-type solutions.

(2) An approved standard internal service label shall be at least ½ inch by 3½ inch, on a durable material, either white or yellow in color, with a pressure sensitive adhesive backing conforming to the standards of UL 969, marking and labeling systems.

(3) Internal service labels shall contain:

(A) The Registration certificate number of the firm conducting the work;

(B) the month and year the service was performed; and

(4) A new internal label shall be provided for an extinguisher each time internal service is performed for any purpose.

(5) Internal service labels shall be affixed in the following manner.

(A) Any label previously attached shall be removed prior to affixing a new tag.

(B) The area to which the tag is to be affixed shall be cleaned to remove all residue of any kind, including old adhesive from a previously attached tag.

(D) The tag shall be pressed and adhered solidly around the tube. The writing must remain visible. Under no circumstances shall the required information be written directly on the siphon tube.

Editor's Note:

This article was formerly entitled "Explosives." Regulation previously numbered 22-10-1 was revoked May 1, 1980, and the number reassigned to the current subject matter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 31-133 and 31-133a, as amended by L. 1992, ch. 220, subsection 1; effective May 10, 1993.)

Article 11 Adult Care Homes, Hospitals, Residential Care Facilities and Maternity Centers

Kan. Admin. Regs. § 22-11-5 Health care facilities; fire protection

(a) Each health care facility shall have fire protection available from an organized fire department.

(b) Each health care facility which is not located in an area served by a fire department may establish a contract with a nearby fire department to furnish fire protection.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1984 Supp. 31-133, 31-147; effective Jan. 1, 1973; amended May 1, 1985; amended May 1, 1986.)

Kan. Admin. Regs. § 22-11-8 Adult and boarding care homes

(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.

(d) The following requirements shall apply to all 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, in addition to NFPA standard no. 101, which is adopted in K.A.R. 22-1-3:

(1) Emergency lighting shall be provided to ensure illumination for evacuation in case of a power failure.

(2) Fire alarms, smoke detectors, and fire extinguishers shall be maintained in an operable condition at all times.

(3) Fire drills shall be conducted as frequently as necessary, and at least once every three months, to ensure orderly egress in case of an emergency.

(4) Each exit and each route to each exit shall be clearly marked so that all residents will readily know the direction of egress from any point within the building.

(5) Each exit shall be arranged and maintained to provide free, unobstructed egress. Locks or fastening devices shall not be installed to prevent free escape from inside the building.

(6) Each building shall be constructed, arranged, equipped, maintained, and operated to avoid danger to the lives and safety of its residents from fire, smoke, fumes, and panic during emergency situations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 31-133 and K.S.A. 31-147; effective May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended Sept. 17, 1990; amended Feb. 4, 2011.)

Article 13 Places of Assembly

Kan. Admin. Regs. § 22-13-34 Heavy duty flexible metal gas connectors for commercial appliances

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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1978 Supp. 31-133, 36-133; effective May 1, 1979.)

Article 17 Sale and Distribution of Early Warning, Fire Suppression or Fire Alarm Devices

Kan. Admin. Regs. § 22-17-1 Official NFPA definitions

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.

An example of a laboratory that is nationally recognized would be Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois 60611.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 31-133; effective May 1, 1975.)

Kan. Admin. Regs. § 22-17-2 Approval of devices

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1984 Supp. 31-133; effective May 1, 1975; amended May 1, 1986.)

Article 18 Educational Occupancies

Kan. Admin. Regs. § 22-18-2 Fire drills, tornado drills, and crisis drills in public and private educational institutions

(a) Each administrator of a public or private educational institution, except a community college, college, or university, shall conduct at least four fire drills each school year. Each fire drill shall be conducted during school hours at a time other than the regular dismissal time at the close of the day's session. Each fire drill shall be unannounced and shall be conducted by the use of the regular fire alarm system. Each fire drill shall include all floors, wings, and sections of each building. Each person shall vacate the building they are occupying during the fire drill, and teachers and administrators shall accompany their pupils from the buildings and account for each pupil within their authority. Each administrator of a public or private educational institution or a school district shall ensure that the fire drills are conducted and that accurate records of the drills are kept on forms provided by the state fire marshal and posted in a conspicuous location.

(b) Each administrator of a public or private educational institution, except a community college, college, or university, shall conduct at least two tornado drills during each school year. Each tornado drill shall be conducted during school hours at a time other than the regular dismissal time at the close of the day's session. Each tornado drill shall be unannounced and shall be conducted using a means of alerting that is different from the fire alarm and crisis alarm. Each tornado drill shall include all floors, wings, and sections of each building, and each person in the building shall take refuge in a designated tornado safety area. An administrator shall determine the areas to be used for tornado refuge and shall work with the local emergency management coordinator or emergency manager, in locales where one is available, to establish tornado safety procedures. Each superintendent of a public or private educational institution or a school district shall ensure that the tornado drills are conducted and that accurate records of the drills are kept on forms provided by the state fire marshal and posted in a conspicuous location.

(c) Each administrator of a public or private school, except a community college, college, or university, shall conduct at least three crisis drills during each school year. Each crisis drill shall be conducted during school hours at a time other than the regular dismissal time at the close of the day's session. Each crisis drill shall be unannounced and shall be conducted using a means of alerting that is different from the fire and tornado alarms. Each crisis drill shall include all floors, wings, and sections of the building.

(d) Upon written request from an administrator pursuant to K.S.A. 31-136 and amendments thereto, a variance in the number or manner of drills conducted pursuant to this regulation may be granted by the state fire marshal for students receiving special education or related services at that school.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133; effective May 1, 1979; amended March 29, 2024.)

Kan. Admin. Regs. § 22-18-3 Construction requirements for school buildings

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133, 31-150; effective Sept. 17, 1990; amended May 10, 1993; amended Feb. 4, 2011; amended March 29, 2024.)

Article 19 Certification of Fire Investigators

Kan. Admin. Regs. § 22-19-1 Fire investigation and reporting

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-157; effective, T-84-43, Dec. 21, 1983; effective May 1, 1984; amended May 10, 1993; amended Aug. 27, 1999.)

Kan. Admin. Regs. § 22-19-2 Certification of fire investigators

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.

(b) Each applicant for certified fire investigator II shall, in addition to meeting all of the requirements in subsection (a), successfully complete a firearms training course approved for law enforcement officers and be employed full-time by a fire department or law enforcement agency. Each applicant for a certified fire investigator II shall maintain firearms qualifications annually and shall provide documentation of this to the state fire marshal.

(c) Any applicant who is a part-time or volunteer certified fire investigator I may apply for certification as a fire investigator II with a written recommendation from the local law enforcement agency.

(d) Comparable qualifications from another state or jurisdiction may be recognized by the state fire marshal.

(e) Certification as a fire investigator I or II shall be valid for three years.

(f) Any certification issued under this regulation may be suspended or revoked by the state fire marshal if the state fire marshal finds that the certification holder has not accumulated and documented at least 60 points in each three-year period following initial certification and has not provided this documentation to the state fire marshal as follows:

(1) Training points shall be earned at the rate of one point for every clock-hour of department-approved training attended or taught, and 10 points shall be earned for every college-level course of three or more credit hours for which the applicant achieves a grade of C or higher if the course content directly relates to fire investigation skills. No more than 10 points shall be applied from instructing. At least 30 points shall be earned in this category, and a maximum of 40 points may be applied towards recertification.

(2) Experience points shall be earned for performing fire scene investigation and reporting or for the supervision of fire scene investigation and reporting. Points shall be earned at the rate of one point per fire investigation performed or supervised. At least 10 points shall be earned in this category, and a maximum of 20 points may be earned.

(3) Each individual shall be required to accumulate and document at least 10 points of training in law enforcement-related courses.

(g) Points shall not be carried over from one three-year period into another. A fire investigator who is certified before the effective date of this regulation shall not be required to meet the requirements in paragraph (f)(3) until the individual's next three-year certification period following the effective date of this regulation.

(h) For each subsequent three-year certification, each individual shall provide the following to the state fire marshal no later than 60 days before the expiration of the individual's current certification:

(1) A completed certification form approved by the state fire marshal;

(2) originals or legible copies of all documents establishing the points earned; and

(3) a notarized statement of eligibility for the subsequent three-year certification.

(i) If an individual's certification lapses for more than six months, the individual shall complete all applicable requirements in subsections (a) through (e).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-157; effective, T-84-43, Dec. 21, 1983; effective May 1, 1984; amended May 10, 1993; amended Aug. 27, 1999; amended Aug. 5, 2011.)

Kan. Admin. Regs. § 22-19-4a Revocation or suspension

(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 procedures.

(b) An individual may appeal any suspension or revocation of a certification or recertification as provided for by the Kansas administrative procedure act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133 and 31-157; effective Aug. 27, 1999.)

Kan. Admin. Regs. § 22-19-5 Reports to be filed; required notification in certain circumstances

(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.

(b) A supplemental report indicating disposition of each case shall be filed within 30 days of disposition.

(c) Each certified fire investigator shall notify the state fire marshal immediately of each fire death or fire injury likely to result in death that the fire investigator has been assigned to investigate.

(d) Failure to file the reports or notify the state fire marshal as specified in this regulation shall be grounds for suspension or revocation of the certificate pursuant to K.A.R. 22-1-5.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 31-133; implementing K.S.A. 2016 Supp. 31-137; effective May 10, 1993; amended Aug. 5, 2011; amended April 6, 2018.)

Article 21 Christmas Decorations

Kan. Admin. Regs. § 22-21-1 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

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1984 Supp. 31-133; effective May 1, 1986.)

Article 22 Fire Department Vehicles

Kan. Admin. Regs. § 22-22-1 Inspection of fire department vehicles

(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.

(b) Each fire department shall file, on January 1 of each year, a report of the vehicle inspections performed during the preceding calendar year on the form designated by the state fire marshal.

(c) The state fire marshal may, upon written request and for good cause shown, approve alternatives to the inspections or reporting requirements of this regulation. The alternative approved must provide comparable assurances of safety and reliability of fire department vehicles.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 31-133; effective May 10, 1993.)

Article 24 Regional Hazardous Materials Response

Kan. Admin. Regs. § 22-24-1 Definitions

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2016 Supp. 31-133; effective, T-22-10-25-01, Oct. 25, 2001; effective Feb. 15, 2002; amended April 6, 2018.)

Kan. Admin. Regs. § 22-24-7 Notification of incidents

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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2016 Supp. 31-133; effective, T-22-10-25-01, Oct. 25, 2001; effective Feb. 15, 2002; amended April 6, 2018.)

Kan. Admin. Regs. § 22-24-14 Cost recovery

(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).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 31-133; effective, T-22-10-25-01, Oct. 25, 2001; effective Feb. 15, 2002.)

Kan. Admin. Regs. § 22-24-15 Assisting with emergency response activities

The local authority that has jurisdiction and that requested the emergency response shall provide all necessary assistance to the regional hazardous materials response team.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2016 Supp. 31-133; effective, T-22-10-25-01, Oct. 25, 2001; effective Feb. 15, 2002; amended April 6, 2018.)

Article 25 Reduced Cigarette Ignition Propensity

Kan. Admin. Regs. § 22-25-1 Definitions

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 31-611; implementing K.S.A. 2011 Supp. 31-602; effective July 27, 2012.)

Kan. Admin. Regs. § 22-25-2 Certification forms and requirements; recertification

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 31-611; implementing K.S.A. 2011 Supp. 31-604; effective July 27, 2012.)

Article 26 Commercial Industrial Hemp Processing

Kan. Admin. Regs. § 22-26-1 Definitions

As used in this article of the state fire marshal's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Act" means the commercial industrial hemp act, K.S.A. 2020 Supp. 2-3901 et seq. and amendments thereto.

(b) "Allowable THC content" means the legal level of THC concentration allowed under state and federal law.

(d) "Batch identification number" means a unique, sequential number that is assigned to each batch and corresponds to a record identifying the source of the material acquired and the date of acquisition.

(e) "By-product" means the spent biomass, after the extraction of cannabinoids, that contains no greater than the allowable THC content.

(f) "CBD" means cannabidiol.

(g) "Certificate of analysis" means a document from the Kansas department of agriculture or an independent testing laboratory stating the results of laboratory testing of a sample of hemp, by-products, distillate, seeds, hemp waste, or hemp products.

(h) "Distillate" means any substance resulting from the extraction of cannabinoids that contains greater than the allowable THC content and is intended for further processing to yield final hemp products and hemp waste.

(i) "Final hemp product" means a hemp product that has no greater than the allowable THC content and is in a form suitable for lawful sale in Kansas.

(j) "Hemp" means industrial hemp.

(k) "Hemp waste" means the materials resulting from hemp processing that contain greater than the allowable THC content and cannot be further processed into a final hemp product.

(l) "KBI" means Kansas bureau of investigation.

(m) "Lot" means the quantity of hemp processed in one operation or in one continuous or semicontinuous process or cycle. A lot could consist of a single batch or batches from multiple producers.

(n) "Premises" means a hemp processing facility, the immediately surrounding areas controlled by a processor, waste receptacles, associated buildings, and parking areas.

(o) "Processor" means a person registered as a hemp processor in Kansas.

(p) "Producer" means a person lawfully engaged in the cultivation or production of industrial hemp for commercial purposes, whether inside or outside Kansas.

(q) "THC concentration" means the combined percentage of tetrahydrocannabinol and its isomers, their salts and acids, and salts of their acids, reported as free THC and measured on a dry-weight basis for any part of the plant Cannabis sativa L. and on a percentage-by-weight basis in distillate, by-products, hemp waste, or other materials resulting from the processing of industrial hemp.

(r) "Treated hemp waste" means hemp waste that has been treated as required by K.S.A. 2020 Supp. 2-3909, and amendments thereto, and this article of the state fire marshal's regulations to render the hemp waste unusable and unrecognizable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-2 Hemp processor registration; renewal

(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 nontransferable.

(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.

(e) Each applicant shall be fingerprinted and submit to a criminal history record check, and each applicant or processor shall ensure that each employee or owner wanting to engage in the extraction of cannabinoids, the handling or transportation of distillate, or the disposal of hemp waste is fingerprinted and submits to a criminal history record check.

(f) Each registration shall expire annually on June 30. Each renewal application shall be submitted on or before June 1.

(g) The annual registration fees shall be as follows:

(1) $1,000 for each processor that performs the extraction of cannabinoids or processes extracted cannabinoids, or both; and

(2) $500 for each processor that does not perform the extraction of cannabinoids and does not process extracted cannabinoids.

Each fee shall be nonrefundable.

(h) No registration shall be approved for hemp processing activities in or within an area zoned for residential use or within one-quarter mile of any public or private K-12 school or public recreational area, except with the state fire marshal's written permission.

(i) Acceptance of a hemp processor registration shall constitute a grant of authority by the processor allowing the state fire marshal to provide the registration number, full legal name of the processor, and descriptions of all locations and facilities identified for processing industrial hemp, including any later modifications, to the United States drug enforcement agency, the KBI, the sheriff of the county where the premises are located, and any other law enforcement agency.

(j) A registration issued pursuant to this article of the state fire marshal's regulations shall not relieve the processor from the responsibility to obtain any other registrations, licenses, or permits required by law.

(k) An application may be denied or refused renewal by the state fire marshal for any lawful reason, including any of the reasons stated in K.A.R. 22-26-3.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-3 Compliance with laws; denial, revocation, or conditioning of a registration; appeals

(a) Each processor shall comply with the act and the implementing regulations and with all local, state, and federal laws, regulations, and ordinances related to industrial hemp, hemp products, and materials containing THC. Each processor shall be responsible for the actions of its employees, contractors, and agents in their performance of any activities relating to the acquisition, possession, sale, distribution, processing, or transportation of hemp, distillate, seeds, and hemp waste.

(b) Each of the following shall constitute a basis for the state fire marshal to deny an initial or renewal application or to impose conditions on a registration or revoke a registration:

(1) Knowingly providing any false, misleading, or incorrect information on the registration application or to the state fire marshal;

(2) failure to provide any information that the state fire marshal requests;

(3) failure to cooperate with the state fire marshal or law enforcement agencies in administration and enforcement of the act and the implementing regulations;

(4) failure to maintain or submit any forms or reports as required;

(5) violation of any provision of the act or the implementing regulations;

(6) revocation of a registration, license, permit, or certificate to practice in the hemp industry by the state fire marshal, the Kansas department of agriculture, the United States department of agriculture, another state, or any Indian nation or U.S. territory within the three years preceding the application date;

(7) any conviction, other than a felony conviction, related to growing, cultivating, processing, or distributing hemp or marijuana within the five years preceding the application date;

(8) failure to ensure that fingerprint-based criminal history record checks are conducted as required by the act and the implementing regulations;

(9) conviction of an individual applicant, or an officer, proprietor, or partner of the applicant entity or an owner of more than a 10 percent interest in the processing operations, within the preceding five years of a felony or Class A misdemeanor violation involving homicide, assault, domestic violence, battery, fraud, theft, or misappropriation of another person's money or property, or offenses that are substantially similar to these offenses under the laws of another jurisdiction or federal law;

(10) conviction of an individual applicant, or an officer, proprietor, or partner of the applicant entity or an owner of more than a 10 percent interest in the processing operations within the preceding 10 years of a felony involving the unlawful use, possession, or distribution of drugs;

(11) knowingly employing any individual to engage in any activities related to the processing of hemp, distillate, seeds, or hemp waste if the individual has been convicted within the preceding five years of any of the crimes listed in paragraph (9) of this subsection or within the preceding 10 years of any of the crimes listed in paragraph (10) of this subsection; and

(12) failure to submit to the state fire marshal the name and the job title or job responsibilities of each new employee within 14 days of hiring.

(c) If a processor's Kansas registration is revoked, the person shall not be eligible to apply for a hemp processor registration for three years from the date of revocation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, and K.S.A. 74-120; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-5 Policies and procedures manual

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

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-6 Processing records

(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.

(b) Any processor may request approval from the state fire marshal to make a processing record composed of data different from the data specified in subsection (a), if necessary to more accurately reflect the processing method used by the processor.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-7 Access to records and property

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-8 Facilities; exemptions

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, K.S.A. 2020 Supp. 31-133, and K.S.A. 2020 Supp. 31-136; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-9 Security measures; reportable events; recordkeeping

(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.

(c) The video surveillance system shall have video cameras directed at and recording all areas that are used to contain hemp, distillate, seeds, or hemp waste and all points of entry and exit. These cameras shall be angled to capture a clear and certain identification of any person within view. The date and time shall be embedded on all surveillance recordings without obscuring the picture. The video cameras shall be in operation 24 hours each day and may be set to record upon detection of motion.

(d) Each processor shall make available the video camera recordings for immediate viewing by the state fire marshal or law enforcement upon request.

(e) All alarm and video surveillance systems shall be designed to operate during power outages.

(f) All alarm and video surveillance systems shall be inspected at least annually by the vendors.

(g) Each processor shall immediately notify the state fire marshal of any failure of the security alarm system or surveillance system due to a loss of electrical power or mechanical malfunction and shall describe any corrective measures taken.

(h) Each processor shall maintain the following records:

(1) Surveillance video camera recordings, for at least the preceding 14 days;

(2) annual inspections of the alarm and video surveillance systems, for three years; and

(3) records of any occurrence that is reportable under this regulation, for three years after the occurrence.

(i) Each processor shall immediately notify the state fire marshal of any interaction of the processor, or its employees, contractors, or agents, with law enforcement that is related to participation in the hemp processing industry. This requirement shall also apply to any contact with law enforcement related to a criminal charge or criminal investigation involving any of the offenses listed in K.A.R. 22-26-3(b)(9) or (10) or offenses in another jurisdiction that are substantially similar to the listed offenses. The processor shall provide a written follow-up statement summarizing the interaction and its outcome to the state fire marshal within three calendar days of the interaction.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-10 Acquisition of hemp, by-products, distillate, or seeds for processing

(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.

(d) Each processor shall retain the records required by this regulation for at least three years and shall make the records available to the state fire marshal upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-11 Inventory control; reports

(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.

(b) Any processor may request approval from the state fire marshal to make an inventory report different from that specified in subsection (a) if necessary to more accurately reflect the processing activities of the processor.

(c) Each processor shall notify the state fire marshal immediately upon discovering any actual or apparent diversion, theft, or loss of any hemp, by-products, distillate, or hemp waste or of any loss or unauthorized alteration of records related to hemp processing or business activities, including inventory, security, employment, and transportation. The processor shall submit to the state fire marshal a signed report detailing the location and circumstances of the event, the type and amount of material involved, and an accurate inventory.

(d) Each processor shall maintain the records required by this regulation for at least three years and make the records available to the state fire marshal upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-12 Disposal of hemp waste

(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.

(b) Each processor shall maintain and make available to the state fire marshal upon request a separate record of every disposal. The record shall contain the following:

(1) The date and time of disposal;

(2) the disposal method and procedures followed;

(3) the volume and weight of the approved material used to render the hemp waste unusable;

(4) the reason for disposal;

(5) the volume and weight of hemp waste disposed of and the batch identification number of each batch from which the hemp waste was produced; and

(6) the name, title, and signature of each person involved in the disposal.

(c) Any processor may use any other method approved in writing by the state fire marshal for rendering hemp waste unusable and unrecognizable.

(d) No processor shall allow hemp waste that is required by K.S.A. 2020 Supp. 2-3909, and amendments thereto, to be rendered unusable and unrecognizable to leave the premises before the hemp waste is treated as required in subsections (a) and (c).

(e) Each processor shall dispose of all hazardous waste pursuant to K.S.A. 2020 Supp. 2-3909, and amendments thereto.

(f) Each processor shall retain the records required by this regulation for at least three years.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, and K.S.A. 2020 Supp. 2-3909; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-13 Transportation

(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;

(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.

(b) No processor, or contractor, employee, or agent of a processor, shall take from the premises or possess any hemp, distillate, unprocessed seeds, or hemp waste unless the individual's possession is for activities authorized by the act and is in accordance with state and federal law and this article of the state fire marshal's regulations.

(c) Any individual in possession of hemp, distillate, unprocessed seeds, or hemp waste without a valid hemp producer's license, a valid processor's registration, or an appropriate signed bill of lading or a similar document from the producer and any prior processor may be presumed to have gained possession of the material in violation of the act and the implementing regulations.

(d) Each processor shall comply with the act and the implementing regulations and with all local, state, and federal laws, regulations, and ordinances related to the possession and transportation of hemp, distillate, by-products, seeds, hemp products, and hemp waste.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, K.S.A. 2020 Supp. 2-3908, as amended by L. 2021, ch. 76, sec. 6; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-14 Chain of custody for transportation of distillate

(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.

(e)(1) If the transportation is not being performed by a commercial shipping or delivery company, a copy of the form specified in subsection (d) shall be retained by the driver and shall be shown to any law enforcement officer upon demand, to demonstrate that the driver is authorized to transport distillate.

(2) If the transportation is being performed by a commercial shipping or delivery company, each processor shall include in the package a copy of the form specified in subsection (d).

(f)(1) If transportation is not being performed by a commercial shipping or delivery company, upon delivery of the distillate, each individual in the transport vehicle shall sign the form; record the date, time, and place of delivery; and record the name and title of the person taking delivery and any other identifying information requested by the state fire marshal.

(2) If transportation is being performed by a commercial shipping or delivery company, each processor shall use a delivery service that provides for delivery restricted to identified recipients, requires a recipient signature at the time of delivery, and provides for delivery confirmation.

(g) The recipient shall record the date and time of delivery, take a digital photo of each seal, and inspect each container and seal for any indication of tampering.

(1) If a container or a seal shows any sign of tampering, the recipient shall take possession of the delivery and shall immediately notify the processor and the state fire marshal.

(2) If the recipient detects no tampering, the recipient shall sign the delivery form acknowledging that each seal and container was intact upon delivery and shall return a copy of the delivery form to the processor by physical or electronic means.

(h) The recipient shall retain the information and photos required by this regulation for three years and shall make the information and photos available to the state fire marshal upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5, K.S.A. 2020 Supp. 2-3908, as amended by L. 2021, ch. 76, sec. 6; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)

Kan. Admin. Regs. § 22-26-16 Testing

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3907, as amended by L. 2021, ch. 76, sec. 5; effective, T-22-1-28-21, Jan. 28, 2021; effective, T-22-5-26-21, May 28, 2021; effective Oct. 22, 2021.)