31-159. Violations of fire prevention code, administrative penalties. (a) In addition to any other penalty provided by law, the state fire marshal, upon finding that any person has violated the provisions of the Kansas fire prevention code, may impose a penalty not to exceed $1,000, which shall constitute an actual and substantial economic deterrent to the violation for which the penalty is assessed.
(b) No penalty shall be imposed pursuant to this section except upon the written order of the state fire marshal to the person who committed the violation. The order shall state the violation, the penalty imposed and the right to appeal to the state fire marshal. Any such person, within 30 days after service of such order, may make written request to the fire marshal for a hearing thereon. The fire marshal shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act within 30 days after receipt of such request.
(c) Any person aggrieved by any order issued pursuant to this section may appeal such order in accordance with the provisions of the Kansas judicial review act.
(d) All moneys received from penalties imposed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(e) If a fire safety inspection is required to meet licensing requirements of a state agency, the state fire marshal, before imposing a penalty pursuant to this section, shall make written request to the state licensing agency to take appropriate action to require compliance with the Kansas fire prevention code. If the state licensing agency fails to take such action within 60 days after receipt of the state fire marshal's notice, the state fire marshal may impose a penalty as provided by this section.
History: L. 1993, ch. 65, § 1; L. 2001, ch. 5, § 97; L. 2010, ch. 17, § 47; 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.