CHAPTER 65 HOUSE BILL No. 2012 An  Act concerning the state fire marshal; relating to the powers and duties thereof; amending K.S.A. 31-133 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 31-133 is hereby amended to read as follows: 31-
133. (a) The state fire marshal shall adopt reasonable rules and regula-
tions, consistent with the provisions of this act, for the safeguarding of
life and property from the hazards of fire and explosion fire, explosion
and hazardous materials. Such rules and regulations shall include, but
not be limited to the following:

      (1) The keeping, storage, use, sale, handling, transportation or other
disposition of highly flammable materials, including crude petroleum or
any of its products, natural gas for use in motor vehicles, and of explosives,
including gunpowder, dynamite, fireworks and firecrackers; and any such
rules and regulations may prescribe the materials and construction of
receptacles and buildings to be used for any of such purposes;

      (2) the transportation of liquid fuel over public highways in order to
provide for the public safety in connection therewith;

      (3) the construction, maintenance and regulation of exits and fire es-
capes from buildings and all other places in which people work, live or
congregate from time to time for any purpose, including apartment
houses, as defined by K.S.A. 31-132a, and amendments thereto, but. Such
rules and regulations shall not apply to buildings used wholly as dwelling
houses containing no more than two families;

      (4) the installation and maintenance of equipment intended for fire
control, detection and extinguishment in all buildings and other places in
which persons work, live or congregate from time to time for any purpose,
including apartment houses as defined by K.S.A. 31-132a, and amend-
ments thereto, but. Such rules and regulations shall not apply to buildings
used wholly as dwelling houses containing no more than two families;

      (5) requiring administrators of public and private schools and edu-
cational institutions, except community colleges, colleges and universities,
to conduct at least one fire drill each month at some time during school
hours, aside from the regular dismissal at the close of the day's session,
and prescribing the manner in which such fire drill is to be conducted;

      (6) procedures for the reporting of fires and explosions occurring
within the state and for the investigation thereof;

      (7) procedures for reporting by health care providers of treatment of
second and third degree burn wounds involving 20% or more of the vic-
tim's body and requiring hospitalization of the victim, which reporting is
hereby authorized notwithstanding any provision of K.S.A. 60-427, and
amendments thereto, to the contrary;

      (8) requiring administrators of public and private schools and edu-
cational institutions, except community colleges, colleges and universities,
to establish tornado procedures, which procedures shall provide for at
least three tornado drills to be conducted each year at some time during
school hours, aside from the regular dismissal at the close of the day's
session, shall describe the manner in which such tornado drills are to be
conducted, and shall be subject to approval by the state fire marshal;

      (9) requiring administrators of community colleges, colleges and uni-
versities to establish tornado procedures, which procedures shall be sub-
ject to approval by the director of the local council of defense in the
county or, if there is no such county director, by the head of the state
civil defense division; and disaster agency of the county;

      (10) the development and implementation of a statewide system of
hazardous materials assessment and response; and

      (10)(11) other safeguards, protective measures or means adapted to
render inherently safe from the hazards of fire or the loss of life by fire
any building or other place in which people work, live or congregate from
time to time for any purpose, except buildings used wholly as dwelling
houses containing no more than two families.

      (b) Any rules and regulations of the state fire marshal adopted pur-
suant to this section may incorporate by reference specific editions, or
portions thereof, of nationally recognized fire prevention codes.

      (c) The rules and regulations adopted pursuant to this section shall
allow facilities in service prior to the effective date of such rules and
regulations, and not in strict conformity therewith, to continue in service,
so long as such facilities are not determined by the state fire marshal to
constitute a distinct hazard to life or property. Any such determination
shall be subject to the appeal provisions contained in K.S.A. 31-140, and
any amendments thereto.

      New Sec.  2. The state fire marshal may provide a toll-free telephone
number where persons may call the state fire marshal to request a re-
sponse to a hazardous materials incident.

      Sec.  3. K.S.A. 31-133 is hereby repealed.

      Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1999.
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