CHAPTER 67
HOUSE BILL No. 3005
An Act concerning the boiler safety act;
amending K.S.A. 44-913, 44-914, 44-915, 44-916,
44-917, 44-918, 44-919, 44-920, 44-921,
44-922, 44-923, 44-924, 44-925, 44-926, 44-
928 and 44-929 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-913 is hereby amended to read as
follows: 44-
913. This act shall be known and may be cited as the boiler safety
act,
and, except as otherwise herein provided, shall apply to all
pressure vessels
installed after January 1, 1999, and boilers in this
state.
Sec. 2. K.S.A. 44-914 is hereby amended to read as
follows: 44-914.
As used in this act, unless the context otherwise requires:
(a) ``Boiler'' means a closed vessel in which water or other
liquid is
heated, steam or vapor is generated or steam is superheated, or in
which
any combination of these functions is accomplished, under pressure
or
vacuum, for use internal or external to itself, by the
direct application of
energy from the combustion of fuels or of
electric, or solar power
or
nuclear energy. The term boiler shall also
include fired units for heating
or vaporizing liquids other than water where these units are
separate from
processing systems and are complete within themselves.
(b) ``Certificate inspection'' means an inspection, the report
of which
is used by the chief inspector to determine whether or not an
inspection
certificate shall be issued as provided by K.S.A. 44-924, and
amendments
thereto.
(c) ``Heating boiler'' means a steam or vapor boiler operating
at pres-
sures not exceeding fifteen (15) 15 pounds
per square inch gauge or a
hot water heating boiler operating at pressures not
exceeding one hun-
dred sixty (160) 160 pounds per square inch
gauge or temperatures not
exceeding two hundred fifty degrees (250°)
250° Fahrenheit.
(d) ``High pressure, high temperature water boiler'' means a
water
boiler operating at pressures exceeding one hundred sixty
(160) 160
pounds per square inch gauge or temperatures exceeding two
hundred
fifty degrees (250°) 250°
Fahrenheit.
(e) ``Power boiler'' means a boiler in which steam or other
vapor is
generated at a pressure of more than fifteen (15)
15 pounds per square
inch gauge.
(f) ``Secretary'' means the secretary of human resources.
(g) ``Pressure vessel'' means a vessel or container used
for the con-
tainment of pressure either internal or external in which the
pressure is
obtained from an external source of vapor, liquid or
gas.
(h) ``Hot water supply boiler'' means a vessel heating
water for exter-
nal uses, by gas, oil, electricity or solar energy that does not
exceed 160
psi, or 210° Fahrenheit.
(i) ``Inspection fee'' means any inspection fees collected
pursuant to
subsection (a) of K.S.A. 44-926, and amendments thereto, and
shall not
include any certificate fees collected pursuant to subsection
(b) of K.S.A.
44-926, and amendments thereto, and any travel or hotel
expense.
Sec. 3. K.S.A. 44-915 is hereby amended to read as
follows: 44-915.
(a) The provisions of this act shall not apply to:
(1) Boilers and pressure vessels under the control of
the United States
government or federal law;
(2) antique, scale model or other steam boilers which are used
exclu-
sively for exhibition purposes and which are inspected by
associations
that have established an approved inspection procedure and whose
in-
spectors are registered as special inspectors with the boiler
safety unit of
the state of Kansas, department of human resources;
(3) fire engine boilers brought into the state for temporary
use in
times of emergency;
(4) boilers and pressure vessels located on producing oil and
gas
leases or storage areas, and outside the limits of any
municipality, used
solely for oil and gas production purposes;
and
(5) hot water supply boilers which are directly fired with
oil, gas or,
electricity or solar energy and which are equipped
with pressure and
temperature safety relief valves approved by the
national board of the
American society of mechanical engineers or the national board
of boiler
and pressure vessel inspectors, if none of the following
limitations is ex-
ceeded:
(A) Heat input of two hundred thousand (200,000)
BTU 200,000
BTUH per hour,;
(B) water temperature of two hundred degrees
(200°) 210° Fahren-
heit; and
(C) nominal water capacity of one hundred twenty
(120) 85 gallons
or 120 gallons for an electrical utility generating plant;
and
(6) pressure vessels constructed and installed prior to
January 1,
1999.
(b) The provisions of subsections (b) and (c) of K.S.A.
44-923, and
amendments thereto, and the provisions of K.S.A. 44-924,
44-925, and
44-926, and amendments thereto, shall not apply to:
(1) Boilers and pressure vessels located on farms and
used solely for
agriculture or horticultural purposes;
(2) heating boilers and pressure vessels which are
located in private
residences or in apartment houses of less than six
(6) five family units;
(3) steam boilers which are regularly inspected by any
state agency;
(4) (3) boilers and pressure
vessels operated and regularly inspected
by railway companies operating in interstate commerce;
and
(5) (4) any boiler and pressure
vessels in any establishment in which
petroleum products are refined or processed in which all boiler and
pres-
sure equipment is inspected and rated either by an inspection
service
regularly maintained within such establishment or provided by a
manu-
facturer, designer or insurer of such equipment, in accordance with
the
applicable provisions of any published code or codes of rules or
recom-
mended practices nationally recognized in the industry of which
such
establishment is a part as providing suitable standards for the
inspection,
repair and rating of pressure equipment of the type used in such
estab-
lishment.;
(5) pressure vessels used for transportation and storage of
compressed
gases when constructed in compliance with specifications of the
United
States department of transportation and when charged with gas
marked,
maintained and periodically requalified for use, as required by
appropri-
ate regulations of the United States department of
transportation;
(6) pressure vessels located on vehicles operating under
the rules and
regulations of other state authorities and used to transport
passengers or
freight;
(7) pressure vessels installed on the right-of-way of
railroads and used
in the operation of trains;
(8) pressure vessels having an internal or external
operating pressure
not exceeding 15 psig with no limit on size;
(9) pressure vessels having an inside diameter, width,
height or cross
section diagonal not exceeding six inches, with no limitation on
length of
the vessel or pressure;
(10) pressure vessels for containing water or other
nonflammable liq-
uids under pressure, including those containing air, the
compression of
which serves only as a cushion, when neither of the following
limitations
is exceeded:
(A) A design pressure of 300 psig; or
(B) a design temperature of 210°
Fahrenheit;
(11) pressure vessels which may be classified as pressure
containers
which are an intergal part of components of rotating or
reciprocating
mechanical devices such as pumps, turbines, generators, engines
and hy-
draulic or pneumatic cylinders, where the primary design
considerations
and stresses are derived from the functional requirements of the
device;
(12) pressure vessels that do not exceed: (A) 15 cubic feet
and 250 psi
pressure; or (B) 11/2 cubic feet in volume and 600 psi pressure;
and
(13) pressure vessels installed and constructed before
January 1,
1999.
Sec. 4. K.S.A. 44-916 is hereby amended to read as
follows: 44-916.
(a) The secretary shall adopt rules and regulations, consistent
with the
provisions of this act, for the safe construction, installation,
inspection,
maintenance and repair of boilers in this state and to fix
inspection fees
as provided in K.S.A. 44-926 and amendments
thereto. The secretary shall
adopt rules and regulations, consistent with the provisions of
this act, for
the safe construction and installation of pressure vessels in
this state.
(b) Rules and regulations adopted hereunder for construction
of new
boilers and pressure vessels shall be based upon and at all
times follow
generally accepted nationwide engineering standards, formulae and
prac-
tices established and pertaining to boiler construction and safety.
Such
rules and regulations may incorporate by reference specific
editions, or
portions thereof, of the boiler and pressure vessel code of the
American
society of mechanical engineers or other approved codes of
construction.
(c) Rules and regulations adopted hereunder for the
construction,
installation, inspection, maintenance and repair of boilers
and pressure
vessels shall be based upon and at all times follow
generally accepted
nationwide engineering standards. Such rules and regulations may
incor-
porate by reference specific editions, or portions thereof, of the
inspec-
tion code of the national board of boiler and pressure vessel
inspectors
and may require the use of such board's ``R'' stamp for
repairs.
(d) All rules and regulations adopted hereunder shall
be subject to
the provisions of article 4 of chapter 77 of the Kansas
Statutes Annotated,
except that rules and regulations applying to the
construction and instal-
lation of new boilers shall not become effective until 12
months after
their adoption by the secretary.
(d) The chief inspector or deputy inspectors may perform
inspections
of boilers and pressure vessels and issue, upon completion, a
special cer-
tification showing that such inspection was done in accordance
with na-
tionwide engineering standards as adopted by rules and
regulations.
Sec. 5. K.S.A. 44-917 is hereby amended to read as
follows: 44-917.
(a) No All new boiler
boilers and pressure vessels shall which does
not
conform to the rules and regulations issued pursuant to this
statute which
governing govern new construction and
installation shall be installed and
operated in this state unless the. If a new
boiler or pressure vessel is of
special design or construction which and the
design is not inconsistent
consistent with the spirit and safety objectives of
such rules this act and
rules and regulations, in which case a special
installation and operating
permit may be granted by the secretary, at his or her
discretion an inter-
ested party may request a variance from the secretary to build
and operate
a nonconforming boiler or pressure vessel.
(b) The maximum allowable working pressure of a boiler
or pressure
vessel carrying the American society of mechanical engineers
or other
approved code symbol shall be determined by the applicable
sections of
the code under which it was constructed and stamped.
(c) The maximum allowable working pressure of a boiler or
pressure
vessel which does not carry the American society of
mechanical engineers
code symbol shall be computed in accordance with the
inspection code
of the national board of boiler and pressure vessel
inspectors. rules and
regulations adopted by the secretary.
(d) This act shall not be construed as in any way preventing
the use,
sale or reinstallation of a boiler or pressure vessel
previously installed in
this state, provided it has been made to conform to the rules and
regu-
lations governing existing installations and provided it has not
been found
upon inspection to be in an unsafe condition.
(e) This act shall not be construed to require a pressure
vessel in-
spection of those pressure vessels moved to a different location
by the
same owner.
Sec. 6. K.S.A. 44-918 is hereby amended to read as
follows: 44-918.
(a) The secretary shall appoint a chief inspector within
sixty (60) days
after the effective date of this act and at any time
thereafter that the office
of the chief inspector may become vacant. Such chief
inspector who shall
be a citizen of this state, or, if not available, a citizen of
another state,
and who shall have at the time of appointment not less than
five (5) 10
years experience in the construction, installation, inspection,
operation,
maintenance or repair of high pressure boilers and pressure
vessels as a
mechanical engineer, steam operating engineer, boiler maker or
boiler
inspector and who shall hold a commission issued by the national
board
of boiler and pressure vessel inspectors. The chief inspector shall
be in
the unclassified civil service and shall receive such compensation
as pre-
scribed by the secretary, subject to the approval of the
governor.
(b) The chief inspector, if authorized by the
secretary, shall serve
under the direction of the secretary and is hereby charged,
directed and
empowered:
(1) To take action necessary for the enforcement of this act
and of
the rules and regulations adopted hereunder;
(2) to maintain a complete record of all boilers and
pressure vessels
to which this act applies, which record shall include the name and
address
of each owner or user and the type, dimensions, maximum
allowable
working pressure, age and last recorded inspection of each such
boiler or
pressure vessel;
(3) to publish and make available copies of rules and
regulations
adopted hereunder to any person requesting them;
(4) to issue, or to suspend or revoke for cause, inspection
certificates
as provided in K.S.A. 44-924, and amendments thereto;
and
(5) to cause the prosecution of all violators of the
provisions of this
act or of the rules and regulations adopted hereunder.
Sec. 7. K.S.A. 44-919 is hereby amended to read as
follows: 44-919.
The secretary shall employ one or more deputy inspectors who
shall be
responsible to the chief inspector. Each deputy inspector shall
have at
the time of appointment not less than three years experience in the
con-
struction, installation, inspection, operation, maintenance or
repair of
high pressure boilers and pressure vessels as a mechanical
engineer, steam
operating engineer, boilermaker or boiler inspector. Deputy
inspectors
shall be in the unclassified civil service and shall receive such
compen-
sation as prescribed by the secretary, subject to the approval of
the gov-
ernor.
Sec. 8. K.S.A. 44-920 is hereby amended to read as
follows: 44-920.
(a) In addition to the deputy inspectors authorized by K.S.A.
44-919 and
amendments thereto, the secretary, upon the request of any
company
licensed to insure and insuring boilers and pressure vessels
in this state
or of the Kansas antique engine show safety
association, shall issue to any
inspectors of such insurance company or
association certificates of com-
petency as special inspectors, provided that each such inspector
shall hold
a commission issued by the national board of boiler and pressure
vessel
inspectors or shall be approved by the Kansas antique
engine show safety
association, as the case may be.
(b) Special inspectors shall receive no salary from, nor shall
any of
their expenses be paid by, the state, and the continuance of their
certif-
icates of competency shall be conditioned upon their continuing in
the
employ of the boiler insurance company duly authorized as aforesaid
or
upon the continuing approval of the Kansas antique engine
show safety
association and upon their maintenance of the
standards imposed by this
act and by rules and regulations adopted hereunder.
(c) Special inspectors shall inspect all boilers insured by
their respec-
tive companies or those boilers designated by the Kansas
antique engine
show safety association and, when so inspected,
the owners and users of
such boilers shall be exempt from the payment to the state of the
in-
spection fees provided for in subsection (a) of K.S.A. 44-926
and amend-
ments thereto.
(d) The secretary shall fix, by rules and regulations,
certification
requirements for inspectors of antique, scale models or other
steam boilers
used exclusively for exhibition purposes.
Sec. 9. K.S.A. 44-921 is hereby amended to read as
follows: 44-921.
(a) A special inspector's certificate of competency may be
suspended by
the secretary, after due investigation, for the
incompetence or untrus-
tworthiness of the holder thereof or for willful
falsification of any matter
or statement contained in such inspector's application or
in a report of
any inspection made by such inspector. Written notice of
any such sus-
pension shall be given by the secretary within not more
than 10 days
thereof to the inspector and the inspector's
employer.
(b) A person whose certificate of competency has been
suspended
shall be entitled to apply, after 90 days from the date of
such suspension,
for reinstatement of such certificate of
competency.
(c) If the secretary has reason to believe that an
inspector is no longer
qualified to hold a certificate of competency, the
secretary, upon not less
than 15 days' written notice to the inspector and such
inspector's em-
ployer, shall hold a hearing in accordance with the
provisions of the Kan-
sas administrative procedure act at which such inspector
and such in-
spector's employer shall have an opportunity to be heard.
If, as a result
of such hearing, the secretary finds that such inspector is
no longer qual-
ified to hold a certificate of competency, the secretary
shall thereupon
revoke such certificate of competency.
The chief inspector may suspend or revoke a special inspector's
certif-
icate of competency for cause, after due investigation, if the
chief inspector
finds incompetence, untrustworthiness, falsification of any
matter or
statement contained in a special inspector's application or
report, or a
failure by the special inspector to report findings of any
inspection made
by such inspector to the chief inspector. Such a suspension or
revocation
of certificate shall be effective as soon as notice of the
suspension or ter-
mination has been delivered to the special inspector or the
inspector's
employer.
Sec. 10. K.S.A. 44-922 is hereby amended to read as
follows: 44-922.
If a certificate of competency is lost or destroyed, a new
certificate of
competency shall be issued in its place without another
examination. The
secretary may charge a fee for a replacement
certificate.
Sec. 11. K.S.A. 44-923 is hereby amended to read as
follows: 44-923.
(a) The secretary, the chief inspector or any deputy inspector
shall have
free access, during reasonable hours, to any premises in the state
where
a boiler is boilers and pressure vessels
are being operated, repaired, in-
stalled or is being constructed for use in this
state, for the purpose of
ascertaining whether such boiler is being
boilers or pressure vessels have
been constructed and installed in accordance with the
provisions of this
act and the rules and regulations adopted hereunder.
(b) Between July 1, 1977, and July 1, 1978, each
boiler used or pro-
posed to be used within this state, except for boilers
exempt under K.S.A.
44-915, which has not received an internal inspection
during the three
(3) years immediately preceding July 1, 1977, shall receive
a certificate
inspection which shall be an internal inspection, where
construction per-
mits, or as complete an inspection as possible, where
construction does
not permit internal inspection.
(c) (b) From and after July 1,
1978, Each boiler used or proposed to
be used within this state, except for boilers exempt under K.S.A.
44-915,
and amendments thereto (owners and users may request
to waive this
exemption), shall be thoroughly inspected as to
construction, installation
and condition as follows:
(1) Power boilers and high pressure, high temperature water
boilers
shall receive an annual certificate inspection which shall be an
internal
inspection, where construction permits, or as complete an
inspection as
possible, where construction does not permit internal inspection.
Such
boilers shall also be externally inspected while under
pressure, if possible.
(2) Steam heating boilers shall receive an annual certificate
inspection
with an internal inspection every three (3) years where
construction per-
mits.
(3) All other boilers subject to this section, except
those provided for
in subdivision (4) of this subsection, shall
receive an annual certificate
inspection with an internal inspection at the discretion of the
inspector.
An electrical generating utility may apply for, and receive a
variance
granting such utility up to an additional year between
inspections.
(4) Boilers utilizing nuclear energy shall be
inspected and reported
in such form and with such appropriate information as the
secretary shall
designate.
(5) (4) A grace period of two
(2) months beyond the periods specified
in subdivisions (1), (2) and (3) of this subsection may elapse
between
certificate inspections.
(6) (5) The secretary may provide, by
rules and regulations, for longer
periods between certificate inspections.
(d) (c) The inspections herein
required shall be made by the chief
inspector, by a deputy inspector or by a special inspector provided
for in
this act.
(e) (d) If, at the discretion of the
inspector, a hydrostatic pressure
test shall be deemed necessary, it shall be made by the owner or
user of
the boiler.
(f) (e) All boilers
All pressure vessels installed after January 1, 1999,
and boilers, other than cast iron sectional boilers,
to be installed in this
state after the effective date of the first rules and
regulations adopted
hereunder applying to the construction and installation of
new boilers
shall be inspected during construction as required by the
applicable rules
and regulations by an inspector authorized to inspect boilers
and pressure
vessels in this state, or, if constructed outside of the
state, by an inspector
holding a commission issued by the national board of boiler and
pressure
vessel inspectors. All pressure vessels installed after January
1, 1999, and
boilers, regardless of code of construction, shall be registered
with the
national board of boiler and pressure vessel
inspectors.
(f) Hot water supply boilers shall receive an external
certificate in-
spection every three years.
(g) Low pressure hot water supply boilers with a heat input
over
400,000 BTUH shall receive an annual external certificate
inspection.
(h) Hot water supply boilers over 200,000 BTUH or 120
gallon ca-
pacity shall be stamped and registered with the national board
of boiler
and pressure vessels inspectors.
Sec. 12. K.S.A. 44-924 is hereby amended to read as
follows: 44-924.
(a) The chief inspector, each deputy inspector and each
company em-
ploying a special inspector, within thirty (30) days
following each certifi-
cate inspection made by such inspector, All
inspections made by any
inspector shall file a report of such inspection
in be reported to the office
of the chief inspector within 30 days following each certificate
inspection
upon the appropriate form as promulgated by the national
board of boiler
and pressure vessel inspectors approved by the
secretary. The filing of
reports of external inspections, other than certificate
inspections, shall
not be required except when
whenever such inspections disclose that the
boiler or pressure vessel is in a dangerous
an unsafe condition.
(b) If a report filed pursuant to subsection (a) of this
section shows
that a boiler or pressure vessel is found to comply with the
rules and
regulations adopted hereunder, the owner or user thereof shall pay
di-
rectly to the chief inspector the certificate fee prescribed by
subsection
(b) of K.S.A. 44-926, and amendments thereto, and the chief
inspector or
the chief inspector's duly authorized representative shall issue to
such
owner or user an inspection certificate bearing the date of
inspection and
specifying the maximum pressure under which the boiler or
pressure
vessel may be operated. Such boiler inspection
certificate shall be valid
for not more than fourteen (14) 14 months
from its date unless covered
by a variance. In the case of those boilers covered by
subdivision (1), (2)
or (3) of subsection (c)
(b) of K.S.A. 44-923, and amendments thereto, for
which the secretary has established or extended the operating
period be-
tween required inspections pursuant to the provisions of
subdivision (6)
(5) of subsection (c) (b) of K.S.A.
44-923, and amendments thereto, the
certificate shall be valid for a period of not more than two
(2) months
beyond the period set by the secretary. Certificates shall be
posted under
glass, or similarly protected, in the room containing the
boiler maintained
on site and available upon request.
(c) No inspection certificate issued for an insured
boiler based upon
a report of a special inspector shall be valid after the
boiler for which it
was issued shall cease to be insured by a company duly
authorized by this
state to provide such insurance. Whenever a
boiler becomes uninsured or
there is a change of insurers, the owner or new insurer must
notify the
chief boiler inspector within 30 days.
(d) The secretary or the secretary's authorized
representative may at
any time suspend an inspection certificate if the boiler
for which it was
issued chief inspector or deputy inspector may
shut down or suspend the
operation of a boiler or pressure vessel in accordance with the
Kansas
administrative procedure act if the chief inspector or deputy
inspector
finds that the boiler or pressure vessel cannot be operated
without menace
to the public safety an immediate danger to the
public health, safety or
welfare or is found not to does not
comply with the rules and regulations
adopted hereunder. The suspension of the inspection
certificate or shut-
down of the boiler or pressure vessel shall continue in
effect until such
boiler shall have been made to conform to the
the owner or operator
demonstrates that the danger has been abated and the
applicable rules
and regulations, and until said inspection certificate
shall have been re-
instated have been complied with. The chief
inspector or deputy inspector
shall reinspect the boiler or pressure vessel to ensure it is
safe and that
applicable rules and regulations have been complied with, before
issuing
a permit to restart or resume operations.
Sec. 13. K.S.A. 44-925 is hereby amended to read as
follows: 44-925.
(a) From and after July 1, 1978, It shall be
unlawful for any person, firm,
partnership or, corporation or other
entity to operate in this state a boiler
pressure vessel installed after January 1, 1999, or a boiler
without a valid
inspection certificate, and the operation of a
boiler pressure vessel in-
stalled after January 1, 1999, or a boiler without such
inspection certifi-
cate or at a pressure exceeding that specified in such inspection
certificate
shall constitute a class C misdemeanor. Each day of such unlawful
op-
eration shall be deemed a separate offense.
(b) It shall be unlawful for any person, firm, partnership
or, corpo-
ration or other entity to install or operate any boiler
or pressure vessel in
this state or to construct any boiler or pressure vessel for
use in this state
in violation of this act or the rules and regulations adopted
hereunder,
and any such unlawful installation, operation or construction shall
con-
stitute a class C misdemeanor. Each day of unlawful installation,
operation
or construction shall be deemed a separate offense.
Sec. 14. K.S.A. 44-926 is hereby amended to read as
follows: 44-926.
(a) The owner or user of a boiler or pressure vessel
required by this act
to be inspected by the chief inspector or a deputy inspector shall
pay
directly to the chief inspector, upon completion of inspection,
inspection
fees fixed by the secretary in accordance with this subsection (a).
The
secretary shall fix annually, by rules and regulations, a schedule
of fees
for inspections of boilers pressure vessels
installed after January 1, 1999,
and boilers by state inspectors and may fix different
fees for inspection of
boilers and pressure vessels in the various categories. Such
fees shall not
exceed $250. per day for each boiler or
pressure vessel inspected, Subject
to this limitation, the secretary may establish, by rules
and regulations,
different categories of boilers to be inspected and may
fix, by rules and
regulations, different fees for the inspection of boilers
in the various cat-
egories.
(b) The owner or user of a boiler or pressure vessel
for which an
inspection certificate is to be issued pursuant to subsection (b)
of K.S.A.
44-924, and amendments thereto, shall pay directly to the
chief inspector,
before issuance of such certificate, a certificate fee fixed by the
secretary
by rules and regulations of not to exceed $25.
(c) There is hereby created in the state treasury the boiler
inspection
fee fund. The chief inspector shall pay daily to the secretary all
moneys
received from the fees established hereunder, and the secretary
shall
remit all such moneys to the state treasurer at
least monthly. Upon receipt
of any such remittance, the state treasurer shall deposit the
entire amount
thereof in the state treasury. Twenty percent of
each such deposit in-
spection fees shall be credited to the state general fund
and the balance
including all of the certificate fees shall be credited to
the boiler inspection
fee fund. All expenditures from the boiler inspection fee fund
shall be
made in accordance with appropriation acts upon warrants of the
director
of accounts and reports issued pursuant to vouchers approved by
the
secretary of human resources or by a person or persons designated
by
the secretary.
(d) The fees established by this section immediately
prior to the ef-
fective date of this act shall continue in effect until
different fees are fixed
by the secretary by rules and regulations as provided under
this section.
Sec. 15. K.S.A. 44-928 is hereby amended to read as
follows: 44-928.
(a) Any person aggrieved by any act or determination of the
secretary or
of the chief inspector, performed or made pursuant to the
provisions of
this act, or rules and regulations adopted hereunder, may request a
hear-
ing thereon. Such hearing shall be conducted by the secretary or
the
secretary's designee in accordance with the provisions of
the Kansas ad-
ministrative procedure act. The secretary shall render an
order approving,
disapproving or modifying the original act or
determination.
(b) Any action of the secretary pursuant to subsection
(a) this act is
subject to review in accordance with the act for judicial review
and civil
enforcement of agency actions.
Sec. 16. K.S.A. 44-929 is hereby amended to read as
follows: 44-929.
No city, county or other political subdivision of this state shall
have the
power to make any laws, ordinances or resolutions providing for the
con-
struction, installation, inspection, maintenance and repair of
boilers
within the limits of such city, county or political subdivision,
and any such
laws, ordinances or resolutions heretofore made or passed shall be
void
and of no effect.
The secretary or the chief inspector, if authorized by the
secretary, may
delegate to any city such authority as is necessary, or
contract with any
city, to provide for the enforcement of laws pertaining to
the construction,
installation, inspection, maintenance and repair of boilers
within the limits
of any such city.
Sec. 17. K.S.A. 44-913, 44-914, 44-915, 44-916, 44-917,
44-918, 44-
919, 44-920, 44-921, 44-922, 44-923, 44-924, 44-925, 44-926, 44-928
and
44-929 are hereby repealed.
Sec. 18. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved April 7, 1998
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