31-171. Roofing material; wood shakes or wood shingles; restrictive covenants, unenforceable, when. (a) On and after the effective date of this act, any provision of a restrictive covenant which requires the use of wood shingles or wood shakes as a roof covering material for any residential dwelling is hereby declared to be against public policy and such provision shall be void and unenforceable unless such covenant also allows for the use of an alternative material which is comparable in appearance, flame resistant or retardant and meets or exceeds any fire prevention standards established by any building code which has been adopted as required by law applicable to such residential dwelling.
(b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.
(c) The provisions of this section shall not affect the enforceability of a restrictive covenant which regulates or restricts the color, style, dimension or other aesthetic characteristics of roofing material to be used on a residential dwelling if such restrictive covenant meets the requirements of subsection (a).
History: L. 2006, ch. 96, ยง 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.