Session of 1998
By Representative Humerickhouse
            9             AN ACT concerning fire alarm systems and fire suppression systems;
10             providing for the licensure of businesses and personnel; prescribing
11             the authority and duties of the state fire marshal; requiring certain
12             license fees and providing for the disposition of the proceeds thereof;
13             establishing an advisory board and providing for its membership, au-
14             thority and duties; and providing for the implementation of the act and
15             appropriating certain moneys therefor.
17       Be it enacted by the Legislature of the State of Kansas:
18           Section 1. As used in this act:
19           (a) ``Alarm business'' means any person or business engaged in the
20       sale, service, maintenance, monitoring including monitoring from an out-
21       of-state location or installation of fire alarm systems, fire suppression sys-
22       tems or a combined fire alarm and suppression systems.
23           (b) ``Fire alarm'' means any assembly of equipment or devices de-
24       signed to detect and signal warning of hazards due to smoke or fire or
25       both fire and smoke but does not include systems in one and two family
26       dwellings which are not monitored off premises.
27           (c) ``Fire suppression system'' means equipment or devices designed
28       for the extinguishment or suppression of fires.
29           Sec. 2. No alarm business shall operate in the state of Kansas after
30       January 1, 1999, without first obtaining licensing from the state fire mar-
31       shal for the alarm business and any employee so required to be licensed
32       in accordance with the rules and regulations promulgated pursuant to this
33       act. This license shall not preempt any local authority having jurisdiction
34       from requiring a local license, however, any local license experience or
35       training requirements may not be any more stringent than the state
36       requirements.
37           Sec. 3. (a) The state fire marshal shall adopt rules and regulations as
38       provided in K.S.A. 31-134, and amendments thereto, establishing stan-
39       dards for alarm businesses including, but not limited to, training, edu-
40       cation and minimum insurance requirements. The rules and regulations
41       also shall provide standards for qualification and training of individual
42       employees of the alarm business.
43           (b) The rules and regulations further shall provide for fees for li-

HB 2946


  1       censing not to exceed $1,000 per year for each alarm business and not to
  2       exceed $500 per year for each employee requiring licensing.
  3           (c) The state fire marshal shall remit all moneys received for fees
  4       under this act to the state treasurer at least monthly. Upon receipt of such
  5       remittance, the state treasurer shall deposit the entire amount thereof in
  6       the state treasury. The state treasurer shall credit 20% of each such de-
  7       posit to the state general fund and shall credit the remainder of such
  8       deposit to the fire marshal fee fund.
  9           (d) All moneys raised by the fees raised under this act and credited
10       to the state fire marshal fee fund shall be used to operate the licensing
11       and enforcement provided by this act.
12           Sec. 4. To assist in the implementation of this act, the state fire mar-
13       shal shall appoint the fire alarm advisory board. The membership of the
14       board shall be made up of the following: Two members of the Kansas
15       burglar and fire alarm association; two members of the Kansas automatic
16       fire alarm association; two independent electrical contractors; two em-
17       ployees of the state fire marshal's office, one of which will be designated
18       as the chairperson of the advisory board; one professional engineer li-
19       censed to do business in the state of Kansas; one member of the Kansas
20       association of fire chiefs; and one member of the fire marshals association
21       of Kansas. The members of the advisory board shall serve without com-
22       pensation.
23           Sec. 5. The advisory board shall review all rules and regulations re-
24       garding licensing of providers of fire alarm systems promulgated pursuant
25       to this act prior to implementation.
26           Sec. 6. The advisory board shall act as a review panel to hear any
27       appeal from any licensing action or other enforcement action taken pur-
28       suant to the Kansas fire prevention code pertaining to fire alarm issues.
29       Any decision of the board may be appealed to the state fire marshal
30       pursuant to K.S.A. 31-140, and amendments thereto.
31           Sec. 7. The advisory board shall meet at least twice a year and oth-
32       erwise as necessary on the call of the chairperson in order to carry out
33       the provisions of this act.
34           Sec. 8. In addition to FTE positions authorized elsewhere, the state
35       fire marshal is hereby authorized to hire two additional inspectors and
36       establish one additional clerical position in order to implement and en-
37       force the provisions of this act. The state fire marshal is authorized to
38       hire two additional clerical FTEs for a temporary term not to exceed one
39       year in order to implement this act. For the purpose of implementing
40       this act, for fiscal year 1999, there is hereby appropriated from the fire
41       marshal fee fund $140,000 for salaries and operating expenses.
42           Sec. 9. This act shall be part of and supplemental to the Kansas fire
43       prevention code.

HB 2946


  1           Sec. 10. This act shall take effect and be in force from and after its
  2       publication in the statute book.