31-133a. Fire extinguishers; inspection, installation or service, certification by state fire marshal; rules and regulations; fees; remittance.
31-133a
31-133a. Fire extinguishers; inspection,installation or service, certificationby state fire marshal; rules and regulations; fees; remittance.(a) No business shall inspect, install or service portable fire extinguishersor automatic fire extinguishers for commercial cooking equipment withoutfirst being certified by the state fire marshal.
(b) (1) The state fire marshal shall adopt rules and regulations asprovided in K.S.A. 31-134, and amendments thereto, establishingstandards forinspection, installation, servicing and testing procedures and minimuminsurance requirements of businesses inspecting, installing or servicingportable fire extinguishers or automatic fire extinguishers for commercialcooking equipment. The rules and regulations shall also provide forqualifications and training of any person or persons designated by suchbusiness as the person or persons upon whose qualifications and training thecertification of the business is based and, on and after January 1, 1991, shallrequire submission of proof, satisfactory to the state fire marshal, that suchqualifications and training have been met.
(2) The rules and regulations shall further provide for annualcertification of such businesses for a fee of not less than $25 or more than$200 for each certification, but no fee shall be charged for anyperson who is an officer or employee of the state or political or taxingsubdivision thereof when that person is acting on behalf of the state orpolitical or taxing subdivision. If the person or persons upon whosequalifications and training the certification of the business is based leavesuch business, the certification of that business is void.
(3) The state fire marshal shall remit all moneys received for fees underthis section to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receiptofeach suchremittance, the state treasurer shall deposit the entire amountin thestate treasury. The state treasurer shall credit 20% of each such deposit tothe state general fund and shall credit the remainder of each such deposit tothe fire marshal fee fund.
(c) Inspection or service of any portable fire extinguisher or automaticfire extinguisher for commercial cooking equipment by any business who is notcertified by the state fire marshal as required by this section shallconstitute a deceptive act or practice under the Kansas consumer protection actand shall be subject to the remedies and penalties provided by such act.
(d) As used in this section:
(1) "Automatic fire extinguisher for commercial cooking equipment" means anyautomatic fire extinguisher mounted directly above or in the ventilation canopyof commercial cooking equipment.
(2) "Business" means any person who inspects, services or installs portablefire extinguishers or automatic fire extinguishers for commercial cookingequipment but does not include (A) any person or authorized agent of the personwho installs a portable fire extinguisher for protection of the person's ownproperty or business or (B) any individual acting as a representative oremployee of a certified business.
History: L. 1980, ch. 119, § 1;L. 1982, ch. 169, § 1;L. 1990, ch. 135, § 1;L. 1992, ch. 220, § 1;L. 2001, ch. 5, § 95; July 1.