HB 2739

                             HOUSE BILL No. 2739
AN ACT concerning housing; relating to housing code requirements; modifying the
   applicability of design and construction standards and doorway and other interior
   accessibility requirements; providing certain such state specifications not applicable
   to moderate income housing program and Kansas investor tax credit housing act
   projects; relating to fire safety and prevention rules and regulations; removing the
   definition of apartment houses from chapter 31 of the Kansas Statutes Annotated;
   providing requirements for adoption of the international fire code, 2024 edition;
   amending K.S.A. 31-133, 31-134 and 58-1401 and repealing the existing sections;
   also repealing K.S.A. 31-132a.
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
regulations, consistent with the provisions of this act, for the
safeguarding of life and property from 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. 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
escapes 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. 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
amendments thereto. 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
educational institutions, except community colleges, colleges and
universities, to conduct at least four fire drills each school year 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
drills are 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 healthcare providers of treatment
of second and third degree burn wounds involving 20% or more of the
victim'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
educational institutions, except community colleges, colleges and
universities, to establish tornado procedures. Such procedures shall:
    (A) Provide for at least two tornado drills to be conducted each
school year, of which one shall be conducted in September and one
shall be conducted in March, at some time during school hours, aside
from the regular dismissal at the close of the day's session;
    (B) describe the manner in which such tornado drills are to be
conducted; and
    (C) shall be subject to approval by the state fire marshal;
    (9) requiring administrators of community colleges, colleges and
universities to establish tornado procedures, which procedures shall be
subject to approval by the director of the disaster agency of the county;
    (10) the development and implementation of a statewide system of
                    HOUSE BILL No. 2739—page 2
hazardous materials assessment and response;
    (11) the use of pyrotechnics, pyrotechnic devices and pyrotechnic
materials;
    (12) requiring administrators of public and private schools and
educational institutions, except community colleges, colleges and
universities, to conduct at least three crisis drills each school year at
some time during school hours, aside from the regular dismissal at the
close of the day's session. The manner in which such crisis drills are
conducted may be subject to approval by the safe and secure schools
unit of the Kansas department of education; and
    (13) 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
pursuant 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 amendments thereto.
    (d) The state fire marshal may grant an exemption pursuant to
K.S.A. 31-136, and amendments thereto, that authorizes a variance for
the number or manner of drills conducted pursuant to subsection (a)(5),
(8) or (12) for students receiving special education or related services.
    Sec. 2. K.S.A. 31-134 is hereby amended to read as follows: 31-
134. (a) Any rules and regulations adopted by the state fire marshal
under this act shall comply with the provisions of K.S.A. 77-415 et
seq., and amendments thereto, except that:
    (1) In addition to the method of providing notice of the public
hearing prescribed by K.S.A. 77-421, and amendments thereto, such
notice shall be published three times in at least two newspapers of
general circulation, with the last published notice to appear not less
than 15 days prior to the public hearing.
    (2) The state fire marshal shall make available for general
distribution upon request copies of any nationally recognized code
adopted by reference, marked so as to indicate the provisions thereof
which have been so adopted. The state fire marshal may charge a fee
for the copies in an amount equal to the cost of the copies and their
distribution. Upon collection of any such fees, the state fire marshal
shall remit to the state treasurer such fees in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. The state
treasurer shall deposit the entire amount in the state treasury. The state
treasurer shall credit 10% of each such deposit to the state general fund
and shall credit the remainder of each such deposit to the fire marshal
fee fund.
    (3) In addition to the filing requirements of K.S.A. 77-416, and
amendments thereto, the state fire marshal shall publish all such rules
and regulations and make the same available for distribution to the
general public upon request, but the fire marshal shall not be required
to republish the provisions of any nationally recognized code adopted
by reference if such provisions are made available for general
distribution upon request to the fire marshal's office.
    (4) Any rules and regulations adopted by the state fire marshal
pursuant to K.S.A. 77-416, and amendments thereto, to update the
Kansas fire prevention code with the provisions of the international fire
code, 2024 edition, with appropriate amendments, shall not be subject
to the requirements for submission and review of an economic impact
statement under K.S.A. 77-416 or 77-420, and amendments thereto.
Any proposed rules and regulations submitted to the attorney general
                    HOUSE BILL No. 2739—page 3
pursuant to this paragraph and in accordance with K.S.A. 77-420, and
amendments thereto, shall be reviewed by the attorney general within
120 days after submission of such proposed rules and regulations by
the state fire marshal. Such rules and regulations shall still be subject
to ratification by the legislature pursuant to K.S.A. 2025 Supp. 77-441,
and amendments thereto.
    (b) The rules and regulations adopted by the state fire marshal
under authority of this act shall be known and may be cited as the
Kansas fire prevention code. Such rules and regulations shall have
uniform force and effect throughout the state. No municipality shall
enact or enforce any ordinance, resolution or rule or regulation
inconsistent therewith, except that nothing in this act shall be construed
to impair the power of any municipality to regulate the use of land by
zoning or fire district regulations or to prohibit or regulate the sale,
handling, use or storage of fireworks within its boundaries. Whenever a
question shall arise as to whether another state statute or an enactment
of a municipality is inconsistent with the provisions of the fire
prevention code, it shall be the duty of the state fire marshal to make
such determination after a hearing thereon with all interested parties
conducted in accordance with the provisions of the Kansas
administrative procedure act. Any action of the state fire marshal
pursuant to this section is subject to review in accordance with the
Kansas judicial review act.
    Sec. 3. K.S.A. 58-1401 is hereby amended to read as follows: 58-
1401. As used in this act:
    (a) "Dwelling" means any single family residence and each
individual living unit in a duplex or triplex residential building which is
constructed with public financial assistance.
    (b) "Public financial assistance" means:
    (1) A building contract or similar contractual agreement with any
state agency;
    (2) any real estate received by the owner through a donation by
the state;
    (3) state tax credits, except for tax credits pursuant to the Kansas
housing investor tax credit act, K.S.A. 79-32,310 et seq., and
amendments thereto;
    (4) grant assistance from state funds, except for grant assistance
from the Kansas moderate income housing program, administered by
the Kansas housing resources corporation with funding from the state
housing trust fund pursuant to K.S.A. 12-5256, and amendments
thereto, and appropriations acts;
    (5) state loan guarantees; or
    (6) federal funds administered by the state or a state agency.
    (c) "Director" means the director of the division of housing in the
Kansas development finance authority.
                    HOUSE BILL No. 2739—page 4
   Sec. 4. K.S.A. 31-132a, 31-133, 31-134 and 58-1401 are hereby
repealed.
   Sec. 5. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
                                                 Speaker of the House.
                                                Chief Clerk of the House.
Passed the SENATE
      as amended
SENATE adopted
Conference Committee Report
                                                 President of the Senate.
                                                 Secretary of the Senate.
APPROVED
                                                               Governor.