CHAPTER 46 HOUSE BILL No. 2769 An Act concerning the boiler safety act; providing exceptions for certain boilers and pres-
sure vessels; amending K.S.A. 1999 Supp. 44-917, 44-925 and 44-926 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 44-917 is hereby amended to read as
follows: 44-917. (a) All new boilers and pressure vessels shall conform to
the rules and regulations issued pursuant to this statute which govern new
construction and installation. If a new boiler or pressure vessel is of special
design or construction and the design is consistent with the spirit and
safety objectives of this act and rules and regulations, an interested party
may request a variance from the secretary to build and operate a non-
conforming 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 rules and regu-
lations 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. If a previously installed
boiler or pressure vessel is of special design or construction and the design
is consistent with the spirit and safety objectives of this act and rules and
regulations, an interested party may request a variance from the secretary
to use, sell, or reinstall a nonconforming boiler or pressure vessel.

      (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.  2. K.S.A. 1999 Supp. 44-925 is hereby amended to read as fol-
lows: 44-925. (a) It shall be unlawful for any person, firm, partnership,
corporation or other entity to operate in this state a pressure vessel in-
stalled after January 1, 1999, or a boiler without a valid inspection certif-
icate, and the operation of a pressure vessel installed after January 1, 1999,
or a boiler without such inspection certificate or at a pressure exceeding
that specified in such inspection certificate shall constitute a class C mis-
demeanor. Each day of such unlawful operation shall be deemed a sep-
arate offense.

      (b) If an inspection certificate is lost or destroyed, a new certificate
shall be issued in its place without another inspection. The secretary may
charge a fee for a replacement certificate.

      (b) (c) It shall be unlawful for any person, firm, partnership, 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.  3. K.S.A. 1999 Supp. 44-926 is hereby amended to read as fol-
lows: 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 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 $500 per day for each boiler or pressure vessel inspected.

      (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 $35.

      (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 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 such inspection fees shall be cred-
ited to the state general fund and the balance including all of the certif-
icate fees shall be credited to the boiler inspection fee fund. All expend-
itures 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.

 Sec.  4. K.S.A. 1999 Supp. 44-917, 44-925 and 44-926 are hereby re-
pealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 31, 2000.
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