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1. Can classroom doors be propped open?

The answer to this question is tough in that it really does depend on the individual situation. In general, non-rated classroom doors may be propped open but only with an approved hold-open device.

Under no circumstance would it be acceptable to prop open a classroom door with a kick-down device, a wooden wedge, or a trash can. Examples of approved hold-open devices include but are not limited to: magnetic hold-open devices or friction devices. Any hold-open device installed on a door must only require 1-motion to close.

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1. Our facility was recently inspected by our local fire department and they are requiring additional safeguards? Do we have to comply?

Local jurisdictions may impose greater requirements than those set by the Office of the Fire Marshal, however, they can not approve less than what is required. The facility owners and operators are responsible for insuring state and local requirements are met.

2. What is required for new facilities or facilities that need to have their license amended?

Kansas Department of Health and Environment (KDHE) requires Office of the Fire Marshal approval for many things, including the licensing of new facilities, amendments to existing facilities, and changes in facility name or ownership. This is sometimes referred to as Fire Marshal Approval.

3. What does Fire Marshal Approval mean?

It means that the plans of your facility or proposed changes to your facility have been reviewed for compliance with the Kansas Fire Prevention Code. Fire Marshal Approval is not the same thing as an inspection.

4. What is required for new facilities?

The following are required:

• 24 or less children – submit C.2.2. (PDF) and scaled drawing to the Office of the State Fire Marshal
• 25 or more children – submit C.2.2. (PDF), C.2.2.A. (PDF) and code footprint to Office of the State Fire Marshal

5. What is required for a license amendment that involves changing the numbers or children?

The following are required:

• 24 or less children – submit C.2.2. (PDF) and scaled drawing to the Office of the State Fire Marshal
• 25 or more children – submit C.2.2. (PDF), C.2.2.A. (PDF) and code footprint to Office of the State Fire Marshal

6. Where do I send my paperwork?

You can mail paperwork to:
Office of the State Fire Marshal
800 SW Jackson Street
Suite 104
Topeka, KS 66612

You can also fax materials to 785-296-0151, but please be aware that the process of faxing plans or drawings can sometimes render them unreadable.

7. Do I need an annual inspection?

Yes. In major cities, start by calling your local fire department and request an inspection. For most other facilities, your annual inspection will be regularly scheduled by the Office of the State Fire Marshal office and you will not need to request one.

8. What's included in the packet I might receive from your office?

The forms, including all the information on this page, are included in packets from our office. All this information is available online. If you are unable to access needed information, call our main office line at 785-296-3401 and request a packet.

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1. The Fire and Life Safety Agreement looks new. Is it new?

In August 2010, the Office of the State Fire Marshal (OSFM) consolidated the Home Daycare Checklist and the Fire and Life Safety Agreement into one form called the Fire and Life Safety Agreement (PDF). Each year you must renew the Fire and Life Safety Agreement which includes a self-inspection of your home in compliance with the fire codes.

Each year, you must sign and date that you have reviewed the document and conducted the inspection. There is also a date on the form for you to place the date of the original fire official inspection. To meet OSFM requirements; you do not have to have an annual fire inspection unless the local jurisdiction requires one.

2. What do I need to renew my license?

Some local fire departments may inspect your home each year when you renew your license. For the KSFMO, make sure you complete the Fire/Life Safety Agreement annually (to include a self-inspection checklist that you must sign-off on) and that the current year is posted.

Additionally you need to make sure you keep your original fire inspection report that was conducted by a fire official (Office of the State Fire Marshal or Local Jurisdiction). Download a new Fire/Life Safety Agreement (PDF) or new Fire and Tornado Drill records (PDF).

3. Is there a fee for your inspection?

Although some local jurisdictions may charge a fee for performing an inspection, a fire safety inspection from the Office of the State Fire Marshal is performed at no charge.

4. I'm licensed as a home daycare but I operate out of a church. What do I have to do?

The Office of the State Fire Marshal will view your home daycare as a Childcare Center or a Preschool. You will need to go through the approval process as one of these facilities and you will be inspected once a year.

5. I have a fireplace or heater that I'm not planning to use while caring for children. Do I still need a barrier around it?

Yes. Even though you might plan on not using it, a secured barrier is still necessary around possible heat sources. This includes fireplaces, wall or floor heaters, wood-burning stoves, and other types of heaters.

6. Can I lock my front and back door?

According to the National Fire Protection Agency, a lock that functions as a latch or other fastening device so as to require not tools/keys and only one operation to release is permitted. With this in mind the Office of the State Fire Marshal will allow the following:

• Locks on front and back doors can be engaged while daycare is in session, if the locks don’t require keys and only require one operation to release
• Locks can be placed above the reach of children, as long as the lock is within 60 inches of the finished floor

7. I have stairs and small infants, can I use a baby gate?

Baby gates are a necessary evil. If the baby gates open with not much more difficulty than a standard door, then it will be judged to be OK. Office of the State Fire Marshal recommends using the hinged baby gates so it won’t become an obstruction by falling on the floor or becoming displaced.

8. Hook-and-eye closures on closet doors?

The Office of the State Fire Marshal will allow hook-and-eye closures only if the mechanism is well out of reach of children and there are no immediate means that would allow a child to reach it.

The State Fire Marshal's Office plays an important role in issuing licenses for child care providers, even though the Kansas Department of Health and Environment is the state agency that actually licenses child care providers. If you're not sure what type of license you need to apply for, please visit the website of the Kansas Department of Health and Environment.