31-157. Fire marshal deputies and investigatory personnel; law enforcement powers, when; training required, exceptions. (a) The state fire marshal, the state fire marshal's deputies and full-time fire prevention personnel assigned investigation duties who are members of a paid fire department who have been certified by the state fire marshal pursuant to this section shall have the authority to make arrests, carry firearms and conduct searches and seizures while investigating any fire or explosion in which arson or attempted arson is suspected or in which there is an attempt or suspected attempt to defraud an insurance company. Any affidavits necessary to authorize arrests, searches or seizures pursuant to this section shall be made in accordance with K.S.A. 22-2302 and 22-2502, and amendments thereto.
(b) The state fire marshal, with the assistance of an advisory committee appointed pursuant to K.S.A. 31-135, and amendments thereto, shall adopt rules and regulations and specify the number of investigators for departments or areas and establish standards for certification of members of fire departments to make arrests, carry firearms and conduct searches and seizures pursuant to this section. No fire department personnel shall be certified to carry firearms under the provisions of this act without having first successfully completed the firearm training course or courses prescribed for law enforcement officers under K.S.A. 74-5604a, and amendments thereto.
(c) With the exception of firearms training, nothing in this section shall be construed to require persons employed prior to the effective date of this act to comply with the standards established by the state fire marshal pursuant to this section as a condition of continued employment, and such persons' failure to comply with such standards shall not make such persons ineligible for any promotional examination for which they are otherwise eligible or affect in any way any pension rights to which they are entitled on the effective date of this act.
History: L. 1982, ch. 135, § 1; L. 2012, ch. 89, § 12; 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.