31-159. Violations of fire prevention code, administrative penalties.
31-159
31-159. Violations of fire prevention code,administrative penalties.(a) In addition to any other penalty provided by law, the state firemarshal, upon finding that any person has violated the provisions of the Kansasfire prevention code,may impose a penalty not to exceed $1,000, which shall constitute an actualand substantial economic deterrent to the violation for which the penalty isassessed.
(b) No penalty shall be imposed pursuant to this section except upon thewritten order of the state fire marshal to the person who committed theviolation.The order shall state the violation, the penalty imposed and the right toappeal to the state fire marshal. Any such person, within 30 days afterservice of such order, may make written request to the fire marshal for ahearing thereon. The fire marshal shall conduct a hearing in accordance withthe provisions of the Kansas administrative procedure act within 30 days afterreceipt of such request.
(c) Any person aggrieved by any order issued pursuant to this section mayappeal such order in accordance with the provisions of the act for judicialreview and civil enforcement of agency actions.
(d) All moneys received from penalties imposed pursuant to this sectionshall be remitted to the state treasurer in accordance with theprovisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entireamount inthe state treasury to the credit of the state general fund.
(e) If a fire safety inspection is required to meet licensing requirementsof a state agency, the state fire marshal, before imposing a penalty pursuantto this section, shall make written request to the state licensing agency totake appropriate action to require compliance with the Kansas fire preventioncode. If the state licensing agency fails to take such action within 60 daysafter receipt of the state fire marshal's notice, the state fire marshal mayimpose a penalty as provided by this section.
History: L. 1993, ch. 65, § 1;L. 2001, ch. 5, § 97; July 1.