CHAPTER 92
HOUSE BILL No. 2367
An Act concerning state capital improvement projects;
relating to inspections of such
projects; amending K.S.A. 75-1262 and 75-3741c and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 75-1262 is hereby
amended to read as follows: 75-
1262. (a) In performing the construction administration services
de-
scribed in K.S.A. 75-1260, and amendments thereto, the project
architect,
or, if there is no project architect, the secretary of
administration or the
agency architect as provided in K.S.A. 75-1254, and amendments
thereto,
shall have primary responsibility for inspection of the project.
The state
agency for which the project is being constructed may perform and
the
secretary of administration shall perform periodic inspection of
the con-
struction project. In no case shall such inspections by the state
agency or
the secretary of administration relieve the project architect of
any part of
its authority or responsibility to perform all construction
administration
services as described in K.S.A. 75-1260, and amendments
thereto.
(b) When the project architect or, if
there is no project architect, the
secretary of administration or the agency architect as provided in
K.S.A.
75-1254, and amendments thereto, determines that a project has
been
satisfactorily completed, such project architect, secretary or
agency ar-
chitect shall certify that determination to the state agency for
which the
project was completed and to the secretary of administration. The
final
inspection of the project shall be conducted jointly by the project
archi-
tect, if there is one, the state agency and the secretary of
administration.
(c) The results of such final inspection
shall be reported to the sec-
retary of administration. Upon determining that the project has
been
satisfactorily completed, based on the recommendations of the
project
architect, if there is one, and the state agency and on other
information,
the secretary of administration shall officially accept the project
as satis-
factorily complete and thereby authorize the state agency for which
the
project was completed to occupy and make use of the project. No
state
agency shall occupy or make use of any building or portion thereof
which
has been constructed, or any areas of a building which were
repaired or
improved, until the project therefor has been officially accepted
as pro-
vided in this section, except that an agency may occupy all or any
area of
any such building for which the contractor has agreed in writing to
com-
plete and correct all work for the project in accordance with the
contract
documents within a time specified after the date of such
occupancy.
(d) Within nine months after official
acceptance of a project, the state
agency for which the project was completed and the secretary of
admin-
istration shall conduct a full inspection of the completed project
and shall
promptly notify the appropriate contractor of any claims resulting
there-
from.
(e) In performing the inspection
services pursuant to this section, the
secretary of administration, with the concurrence of the state
agency that
owns the property, may use inspection services of the city,
township,
county or other political subdivision in which the project is
located, in
accordance with K.S.A. 75-3741c, and amendments thereto.
Sec. 2. K.S.A. 75-3741c is hereby
amended to read as follows: 75-
3741c. (a) No state capital improvement project for the
construction,
reconstruction, remodeling, improvement, repair or maintenance of
any
building or facility for use by one or more state agencies, shall
be subject
to any building permit requirement or building code of any county,
town-
ship, district, city or other political subdivision of this state
or fees charged
therefor. No project shall be subject to any inspection requirement
or
any requirement to obtain any permit, license or other instrument
of
approval for the project which is imposed by any city, township,
district,
city or other political subdivision of this state, except that such
project
shall be subject to reasonable inspections for the sole purpose of
allowing
members of the police and fire departments and other public
emergency
services personnel to become familiar with the project. As used in
this
section ``building code'' means any building code and includes any
plumb-
ing code, electrical wiring code, gas piping code or similar code.
This act
shall apply to all capital improvement projects in existence prior
to the
effective date of this act and to those commenced on or after the
effective
date.
(b) Notwithstanding the provisions of
subsection (a), the secretary of
administration, with the concurrence of the state agency that
owns the
property, may request that the city, township, county or other
political
subdivision in which a state capital improvement project is
located pro-
vide code review or inspection services required by this section
or K.S.A.
75-1262, and amendments thereto. The city, township, county or
other
political subdivision shall be compensated for such services
from funds
appropriated for the project or available therefor. The amount
of such
compensation shall be based on the fee schedule established by
the city,
county, township or other political subdivisions.
(b) (c) State
capital improvement projects shall be exempt from the
payment of fees relating to local zoning ordinances and
resolutions, but
the state shall reimburse a political subdivision for any related
publication
expenses incurred by the political subdivision.
Sec. 3. K.S.A. 75-1262 and 75-3741c are hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved April 16, 2003.
Published in the Kansas Register April 24, 2003.
__________