CHAPTER 23 HOUSE BILL No. 2190 An Act concerning institutions of postsecondary education; relating to buildings and struc-
tures located on the land of such institutions; amending K.S.A. 31-150 and 58-1304 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 31-150 is hereby amended to read as follows: 31-
150. (a) Except as otherwise provided in subsection (b), the construction
of school buildings shall comply with the requirements of the 1985 edition
of the uniform building code, volume I, and the 1985 edition of the uni-
form mechanical code, of the international conference of building offi-
cials. All electric wiring shall conform to requirements of the 1984 issue
of the national electric code of the national fire protection association.
Minimum plumbing requirements shall meet the 1985 edition of the uni-
form plumbing code issued by the international association of plumbing
and mechanical officials.

      (b) The construction of mobile, modular, portable or relocatable
school buildings shall conform to the requirements of the 1985 edition
of the life safety code as adopted by the national fire protection associa-
tion. Minimum plumbing requirements shall meet the 1985 edition of
the uniform plumbing code issued by the international association of
plumbing and mechanical officials.

      (c) The construction of all school buildings shall conform to the pro-
visions for making buildings and facilities accessible to, and usable by,
persons with a disability, as required by K.S.A. 58-1301 through 58-1311,
and amendments thereto.

      (d) No contract shall be let for the construction of any school build-
ing, and it shall be illegal to pay out any public funds for the construction
of a school building until the plans for such building shall: (1) Bear the
seal of an architect or a professional engineer licensed by the state board
of technical professions of the state of Kansas certifying that the plans
meet the applicable requirements of this act; and (2) be submitted to the
state board of education for approval as to compliance with such require-
ments.

      (e) The provisions of subsections (c) and (d) of this section shall not
apply to any building or structure operated or used for any purpose by,
or located upon the land of any community college, area vocational school,
area vocational-technical school, technical college, or institution under the
control and supervision governance of the state board of regents. Prior
to construction of any new building or remodeling of any existing building,
all community colleges, area vocational schools, area vocational-technical
schools, technical colleges and institutions under the governance of the
state board of regents shall submit to the state fire marshal a code footprint
for evaluation and approval of the fire/life safety features of such build-
ings.

      (f) The relocation of school buildings to which the provisions of sub-
section (b) apply shall not be construed to be construction or reconstruc-
tion under the provisions, or for the purposes, of this section.

      (g) The construction or reconstruction of any school building to
which the provisions of this section were applicable prior to January 26,
1992, shall be governed by the provisions of this section which were in
effect on the date the contract for such construction or reconstruction
was entered into.

      (h) The state fire marshal shall adopt rules and regulations specifying
those subsequent editions of the codes enumerated in subsections (a) and
(b) which the state fire marshal has determined provide protection equiv-
alent to those editions specified herein. Compliance with any subsequent
edition specified by such rules and regulations shall be considered com-
pliance with the edition of the code specified by this section.

      Sec.  2. K.S.A. 58-1304 is hereby amended to read as follows: 58-
1304. (a) The responsibility for enforcement of this act shall be as follows:
(1) For all existing Title II school facilities, and the design and construc-
tion of all new, additions to and alterations of Title II school facilities, the
state board of education, by plan approval as required by K.S.A. 31-150,
and amendments thereto. School Facilities operated or used for any pur-
pose by, or located upon the land of any community college, area voca-
tional school, area vocational-technical school, technical college, or insti-
tution under the control governance of the state board of regents shall
not be subject to the provisions of this subsection;

      (2) for all existing state government facilities, and the design and con-
struction of all new, additions to and alterations of, facilities for which
federal, state, county funds or funds of other political subdivisions of the
state or private funds are utilized on state property, the secretary of ad-
ministration;

      (3) for all existing facilities, and the design and construction of all
new, additions to and alterations of, any local government facilities where
funds of a county, municipality or other political subdivision are utilized,
the governmental entity thereof or an agency thereof designated by the
governmental entity;

      (4) for the design and construction of all other new, additions to and
alterations of, facilities which are subject to the provisions of this act, the
building inspector or other agency or person designated by the govern-
mental entity in which the facility is located.

      (b) The attorney general of the state of Kansas shall oversee the en-
forcement of this act.

 Sec.  3. K.S.A. 31-150 and 58-1304 are hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 15, 2001.
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