31-162. Same; installation of smoke detectors required; limitations on enforcement; certain evidence inadmissible; insurance payments not affected.
31-162
31-162. Same; installation of smoke detectorsrequired; limitations on enforcement; certain evidence inadmissible; insurancepayments not affected.(a) Every single-family residence shall have at least one smokedetector on every storyof the dwelling unit.
(b) Every structure which:
(1) Contains more than one dwelling unit; or
(2) contains at least onedwelling unit and is a mixed-use structure, shall contain at least one smokedetector at theuppermost ceiling of each interior stairwell and on every story in eachdwelling unit.
(c) The owner of a structure shall supply and install all required smokedetectors. The owner of a structure shall test and maintain all smokedetectors, except inside rental units, the occupant shall test and maintain allsmoke detectors after taking possession of the dwelling unit.
(d) The smoke detectors required in dwelling units in existence on January1,1999, mayeither be battery-powered or wired into the structure's electrical system,and need not beinterconnected.The smoke detectors required in dwelling units constructed after January 1,1999, shall be wiredpermanently into the structure's electrical system.
(e) For purposes of this act, manufactured homes as defined in K.S.A.58-4202, and amendments thereto, shall be subject to the federal, manufacturedhome construction and safety standards established pursuant to 42 U.S.C.§ 5403 in lieu of the standards set forth herein. Owners and occupantsof suchmanufactured homes shall be subject to the testing and maintenance standardsfor smoke detectors required under this act.
(f) Officials responsible for the enforcement of the smoke detector actshall not enter a dwelling unit solely for the purpose of determiningcompliance with the provisions of the smoke detector act except when:
(1) Conducting an inspection prior to the issuance of an occupancy permit orbuilding permit;
(2) responding to a report of a fire in a dwelling unit, except in cases ofa false alarm; or
(3) conducting, at the request of the owner or occupant, a home safetyinspection.
(g) Evidence of the failure of any property owner to provide anoperational smoke detector ina residence as required by this section shall not be admissible in any actionfor the purpose ofdetermining any aspect of civil liability.
Evidence of the failure of any occupant to properly maintain a smoke detectoras required bythis section shall not be admissible in any action for the purpose ofdetermining any aspect ofcivil liability.
(h) The provisions of the smoke detector act shall not constitute groundsfor the purpose of offsetting, reducing or denying the paymentof amounts dueunder any contract for or policy of insurance.
History: L. 1998, ch. 66, § 14; July 1.