Kansas Administrative Code

Health insurance, life insur- ance and other benefit plans. (a) Any insurer, hospital, medical service company, health mainte- nance organization, or any similar entity or agent of an entity that administers benefit plans may un- derwrite risks, classify risks, or administer risk…

Personal devices and services. A public accommodation shall not be required to provide its customers, clients, or participants with: (a) personal devices, such as wheelchairs; (b) individually prescribed devices, such as pre- scription eyeglasses or hearing aids; or (c) services …

Administrative methods. A pub- lic accommodation shall not, either directly or through contractual or other arrangements, uti- lize standards, criteria or methods of administra- tion that have the effect of discriminating on the basis of disability, or that perpetuate the discrim…

Illegal use of drugs. The term “illegal use of drugs” shall not include the use of a drug taken under the supervision of a licensed health care professional, or other uses authorized by the controlled substances act, 21 U.S.C. 812, or other provisions of federal or Kansas law. (A…

Illegal use of drugs. (a) Except as provided in paragraph (c)(2), the act and these regulations shall not be construed as prohibiting discrimination against an individual based on that individual’s current illegal use of drugs. (b) A public accommodation shall not discrimi- nate …

Illegal use of drugs; drug test- ing. (a) The act and these regulations shall not prohibit a public accommodation from adopting or administering reasonable policies or proce- dures that are designed to ensure that an indi- vidual who formerly engaged in the illegal use of drugs i…

Relationship to other law. (a) These regulations shall not be construed to inval- idate or limit the remedies, rights and procedures of any other state or local laws that provide greater orequalprotectionfortherightsofindividualswith disabilities or individuals associated with th…

Certification of state laws or local building codes. (a) For purposes of this regulation: (1) “assistant attorney general” means the assis- tant attorney general for civil rights, the United States department of justice (DOJ), or his or her designee (2) “certification of equivale…

Association. A public accommo- dation shall not exclude or otherwise deny equal goods, services, facilities, accommodations, or other opportunities to an individual or entity be- cause of the known disability of an individual with whom the individual or entity is known to have a …

Retaliation or coercion. A public accommodation shall not discriminate against any individual because that individual has opposed 865 21-70-13 Nondiscrimination on the Basis of Disability any act or practice made unlawful by the act, or because that individual made a complaint, t…

Places of public accommodation located in private residences. (a) When a place of public accommodation is located in a private residence, the portion of the residence used ex- clusively as a residence shall not be covered by the act. However, that portion used exclusively in the …

Direct threat. (a) The act and these regulations shall not be interpreted to re- quire a public accommodation to permit an indi- vidual to participate in or benefit from the goods, services, facilities and accommodations of that public accommodation when that individual poses a d…

(Authorized by K.S.A. 1965 Supp. 44- 1004; effective Jan. 1, 1966; revoked Jan. 1, 1968.) 21-9-1 to 21-9-4. (Authorized by K.S.A. 1965 Supp. 44-1004; effective Jan. 1, 1966; re- voked Jan. 1, 1968.)

Unlawful employment practices based on age. No employer, employment agen- cy, or labor organization shall set an arbitrary age limit in relation to employment or membership except as otherwise provided by commission rules or by the Kansas age discrimination in employ- ment act. (…

Firefighters and law enforce- ment officers. The party seeking to invoke the exemption for firefighters and law enforcement officers shall have the burden of showing that ev- ery element of the exemption has been met clear- ly and unmistakably. (Authorized by K.S.A. 1991 Supp. 44…

Job opportunities advertising. Help wanted notices or advertisements shall not contain age-specific terms and phrases, including “young,” “boy,” “girl,” “college student,” “recent college graduate,” “retired person,” or others of a similar nature, unless a bona fide occupational …

Age information on job appli- cations and other preemployment inquiries. (a) Any preemployment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specifica- tion, or discrimination as to age shall be unlaw- ful unless based up…

Bona fide occupational qualifi- cations. (a) The bona fide occupational qualifi- cation exception as to age shall be narrowly con- strued. (b) An employer asserting a bona fide occu- pational qualification defense has the burden of proving that: (1) the age limit is reasonably ne…

Differentiations based on nec- essary factors other than age. (a) If an employ- ment practice uses age as a limiting criterion, the defense that the practice is justified by a necessary factor other than age is unavailable. (b) Any employment practice, including a test, which is …

Bona fide seniority systems. (a) Each bona fide seniority system shall be based on length of service as the primary criterion for the equitable allocation of available employment op- portunities and prerogatives among younger and older workers. Other secondary factors, including …

Prohibition of involuntary re- tirement. (a) Each seniority system or employee benefit plan shall not require or permit the invol- untary retirement of any individual. Accordingly, any system or plan provision requiring or permit- ting involuntary retirement shall be unlawful, un…

Exemption for employees serv- ing under a contract of unlimited tenure. (a) The exemption for employees serving under a contract of unlimited tenure at an institution of higher education may be applied to any individual who attains age 70 prior to January 1, 1994, and whose job d…

Exemption for bona fide execu- tive or high policy making employees. (a) The partyseekingtoinvoketheexemptionforbonafide executive or high policy-making employees shall have the burden of showing that every element of the exemption has been met clearly and unmistak- ably. This ex…

Municipal compliance with Kan- sas fire prevention code. (a) When a munici- pality adopts one of the nationally recognized fire codes or the fire protection segment of a national- ly recognized building code and modifies a section of that code, a summary of the modifications shal…

Compliance with certain building codes. A building shall be deemed to comply with the Kansas fire prevention code if the building conforms to one of the following building codes and to any additional special requirements of the Kansas fire prevention code and if the building has …

Adopted codes and standards. The following codes and national fire protection association (NFPA) standards are adopted by reference: (a) International building code (IBC), inter- national code council, 2006 edition, including the appendices but excluding the references in chapter…

Variances and exemptions. Upon a written application the state fire marshal may grant an exemption or variance from compliance 881 Kansas Fire Prevention Code 22-1-7 with any provision of the regulations adopted pur- suant to the Kansas fire prevention code when it is clearly dem…

Denial, refusal, suspension, or revocation. (a) A registration certificate autho- rized under the Kansas fire prevention code that has been duly issued by the office of the state fire marshal or has been applied for may be denied, suspended, revoked, or renewal refused, if: (1) t…

Commercial fire suppression and detection firms, filing. Any business which cur- rently installs, maintains, modifies, or repairs any fire sprinkler systems, fire detection systems, or fire alarm systems, except those performing these functions solely in one and two family dwelli…

Code footprint. (a)(1) “Code foot- print” shall mean a building and life safety code compliance document that contains both graphic and narrative information and that meets the re- quirements of this regulation. (2) Each code footprint shall be submitted in the following format: …

Certification standards, defini- tions. (a) “Business” means any person or firm who inspects, services or installs portable fire extinguishers or automatic fire extinguishers for commercial cooking equipment. “Business” does not include any person or authorized agent of the perso…

(Authorized by and implementing K.S.A. 1982 Supp. 31-133; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; revoked May 10, 1993.)

Approval of fixed extinguish- ing systems. (a) The authority to approve or dis- approve any fixed extinguishing system installed in this state shall lie in the state fire marshal or deputy state fire marshal. This determination shall be made pursuant to K.A.R. 22-10-13, 22-10-14 …

(Authorized by and implement- ing K.S.A. 1984 Supp. 31-133, 31-133a; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amended May 1, 1983; amended May 1, 1986; amended Aug. 28, 1989; revoked May 10, 1993.)

(Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a, as amend- ed by L. 1990, Ch. 135, Sec. 1; effective, T-82-3, Jan. 1981; effective May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1985; amended May 1, 1986; amended Oct. 29, 1990; revoked May…

(Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a, as amended by L. 1990, Ch. 135, Sec. 1; effective, T-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; amended, T-83-31, Oct. 25, 1982; amend- ed May 1, 1983; amended May 1, 1986; amended Jan. 21, 1…

Fire extinguishers. Approved portable fire extinguishers shall be maintained in a fully charged and operable condition, and kept in their designated places at all times when not in use. (Authorized by and implementing K.S.A. 31- 133; effective May 1, 1985.)

Automatic extinguishing sys- tems. In addition to the provisions of K.A.R. 22-10-15, each facility maintaining commercial cookingequipmentshallhaveapprovedautomatic extinguishers mounted in the ventilation canopies or directly above such equipment. All equipment shall bear the la…

(Authorized by and implementing K.S.A. 1989 Supp. 31-133, 31-133a, as amended by L. 1990, Ch. 135, Sec. 1; effective May 1, 1987; amended Aug. 28, 1989; amended Sept. 17, 1990; amended Jan. 21, 1991; revoked May 10, 1993.)

Minimum performance stan- dards for holders of class RA registration 905 22-10-19 Installation and Certification for Extinguishing Devices certificates. (a) Each Class RA registration cer- tificate holder shall insure that the performance of servicing, recharging, installing or i…

Minimum performance stan- dards for holders of class RB and RC reg- istration certificates. (a) Each Class RB reg- istration certificate holder shall insure that the performance of servicing, recharging, installing, or inspecting portable fire extinguishers is done in accordance …

Applicability. (a) These regula- tions shall apply to: (1) any business that services, charges, recharg- es, installs or inspects portable fire extinguishers; (2)anybusinessthatismanufacturer-authorized to service, charge, recharge, install or inspect fixed extinguishing systems;…

Registration certificate. (a) Each business that services, recharges, installs, or in- spects portable fire extinguishers or fixed extin- guishing systems or hydrostatically tests these cylinders or any combination of them shall obtain a registration certificate issued by the sta…

(Authorized by and implementing K.S.A. 1989 Supp. 31-133 and K.S.A. 1989 Supp. 31-133a as amended by L. 1990, Ch. 135, Sec. 1; effective Jan. 21, 1991; revoked May 10, 1993.)

(Authorized by and implementing K.S.A. 1982 Supp. 31-133, 31-133a; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended May 1, 1982; revoked, T-83-31, Oct. 25, 1982; revoked May 1, 1983.)

(Authorized by and implementing K.S.A. 31-133 and 31-133a; effective, E-82-3, Jan. 21, 1981; effective May 1, 1981; revoked May 1, 1982.)

Requirements. The requirements for the servicing, charging, recharging, installing or inspecting or hydrostatic testing of portable fire ex- tinguishers or fixed extinguishing systems shall be performedinaccordancewiththeseregulationsand themanufacturer’srecommendedproceduresatth…

Sale or lease of portable fire ex- tinguishers. A portable fire extinguisher or fixed extinguishing system shall not be sold, leased, or installed in the state of Kansas unless it carries a label of approval from a recognized testing labora- tory. (Authorized by and implementing …

Prohibited extinguishers. The sale, lease, servicing, or recharging of carbon tetrachloride fire extinguishers in the state of Kansas shall be prohibited. (Authorized by and implementing K.S.A. 31-133 and 31-133a; effec- tive, E-82-3, Jan. 21, 1981; effective May 1, 1981; amended…

Service tags. (a) A new service tag shall be attached to a portable fire extinguisher or fixed extinguishing system in a position that shall be convenient to inspect, but that shall not ham- per its operation or removal. (b) Each service tag shall contain: (1) the servicing firm’…