31-133a. Fire extinguishers; inspection, installation or service, certification by state fire marshal; rules and regulations; fees. (a) No business shall inspect, install or service portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment without first being certified by the state fire marshal.
(b) (1) The state fire marshal shall adopt rules and regulations as provided in K.S.A. 31-134, and amendments thereto, establishing standards for inspection, installation, servicing and testing procedures and minimum insurance requirements of businesses inspecting, installing or servicing portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment. The rules and regulations shall provide for qualifications and training of any person or persons designated by such business as the person or persons upon whose qualifications and training the certification of the business is based and shall require submission of proof, satisfactory to the state fire marshal, that such qualifications and training have been met.
(2) The rules and regulations shall further provide for annual certification of such businesses. No fee shall be charged for each certification. No fee shall be charged for any person who is an officer or employee of the state or political or taxing subdivision when that person is acting on behalf of the state or political or taxing subdivision. If the person or persons upon whose qualifications and training the certification of the business is based leave such business, the certification of that business is void.
(c) Inspection or service of any portable fire extinguisher or automatic fire extinguisher for commercial cooking equipment by any business who is not certified by the state fire marshal as required by this section shall constitute a deceptive act or practice under the Kansas consumer protection act and 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 any automatic fire extinguisher mounted directly above or in the ventilation canopy of commercial cooking equipment.
(2) "Business" means any person who inspects, services or installs portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment but does not include: (A) 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 (B) any individual acting as a representative or employee 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; L. 2011, ch. 53, § 12; L. 2016, ch. 34, § 1; July 1.
Structure Kansas Statutes
Article 1 - Fire Safety And Prevention
31-132 Fire safety and prevention; definitions.
31-132a Fire safety and prevention; apartment house, defined.
31-133 Fire marshal; power and duties; rules and regulations.
31-134a Same; compliance with certain building codes deemed compliance with fire prevention code.
31-135 Advisory committees to assist fire marshal; membership; no compensation.
31-136 Same; exemptions from regulations, when; procedure.
31-140 Same; appeals from orders; notice and hearing; decisions; compliance.
31-142 Judicial review of fire marshal's action.
31-145 Powers of actual members of organized fire departments.
31-147 Compliance with regulations by hotels, lodging facilities and restaurants.
31-150a Violations of fire prevention code; criminal penalty; injunction.
31-159 Violations of fire prevention code, administrative penalties.
31-160 Smoke detectors; citation of act.
31-163 Same; violations; penalties.
31-164 Same; act in addition to local law.
31-165 Toll-free number; hazardous materials incidents.
31-170 Use of pyrotechnics; places of public assembly.
31-171 Roofing material; wood shakes or wood shingles; restrictive covenants, unenforceable, when.