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Boilers

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1. Do I need to have a boiler inspected for temporary use?

Temporary Boiler Inspections

2. Where is my certificate?

If you haven't received your certificate, consider the following:

• Did you receive an invoice?
• Have you paid the invoice?
• Did you check your spam box in your email?

3. Where is my invoice?

Consider the following if you haven't received your invoice yet:

• Did you give your email address and/or fax to our office or the inspector so the invoice can be emailed to you?
• Did you check your spam box in your email?

4. How do I set up an inspection?

Fill out the online Boiler Inspection Request Form. You may also send an us email with the required information:

• Address of unit to be inspected (include city, state and zip code)
• Contact name
• Contact phone number

5. Where can I get a W-9?

It will be mailed with your invoice.

6. Who do I write the check out to?

Please write the check out to Office of the State Fire Marshal.

7. What is the process of getting a certificate?

The process is as follows:

• You are first inspected by a boiler inspector, either an insurance inspector or state inspector.
• The inspection is reviewed by the Chief Boiler Inspector.
• An invoice is generated with a deficiency notice (if have one).
• An invoice is emailed out.
• An invoice is paid and deficiency is corrected. All deficiency repairs/correction must have pictures and/or a repair invoice from the repairing company submitted.
• A certificate is generated and emailed to facility contact.

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Childcare Centers

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1. 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
• Each room must be labeled with a name or number for the room, this must match what you are submitting to KDHE for Licensure. Fire Marshal approval will indicate how many occupants can be placed in the room; this will include staff. 

2. 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.

3. 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.

4. 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.

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 email copies to our office at prevention@ks.gov.

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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Default

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This is simply dummy text of the printing and typesetting industry. It has been the industry's standard dummy text ever since the 1500s.

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Display Operator Testing

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1. How do I sign up to take the test?

In order to sit for the test, you must first fill out an application and submit it for processing. Once your application has been processed you will receive a letter that you are OK to take the test. Only then can you sit for the test. You will need to make an appointment to take the test in Topeka at our offices (Monday through Friday, 9 a.m. to 2 p.m.) or you can register for one of our regional testing sites in the spring.

2. Can I take the test at my local fire department?

No. The test must be given by a representative of the state fire marshal’s office.

3. What can I study to prepare for the test?

The test is a 50 question multiple choice test based on the National Fire Protection Agency 1123 (2014 edition). You will be given a copy of the National Fire Protection Agency to use during testing.

4. Can I use my own copy of the National Fire Protection Agency?

No. You must use the copy that we provide you.

5. Can you send me the National Fire Protection Agency 1123?

No. Because it is copyrighted material, we cannot give it out. You can contact the National Fire Protection Agency directly to get one from them.

6. I’m only renewing my permit. Do I still need to take the test?

Yes. You must sit for the test every time you renew your permit.

7. How many times can I take the test?

As many times as necessary.

8. Can you tell me what questions I missed?

Because we have no way of verifying who we are talking to, we do not give this information over the phone. You are welcome to come to our office in Topeka and view your test in person. You will need a photo identification.

9. How many questions can you miss?

You can miss ten questions.

10. I was able to take the test prior to filling out an application. When do I get my permit?

The policy of the Kansas State Fire Marshal’s Office is that you are not eligible to sit for the test until the application and fee have been processed. However, mistakes can happen and you may be inadvertently allowed to sit for the test. If this is the case, that test is considered invalid and will not be scored. You will need to apply and take the test again.

11. I’m scheduled to test at a regional test site. What do I need to bring?

Bring photo identification with you and your registration letter.

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Elevators

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1. Does the office of the state fire marshal have adopted Rules and Regulations for the Elevator Safety Act?

We are currently working through the State process on the rules and regulations.  The bill requires our office to adopt at the minimum the current version of ASME safety code for elevators and escalators.

2. If I own an elevator must I register it with OSFM?

Facilities can register their units at no charge on our website if they have no annual inspection scheduled until after July 1, 2023. If the annual inspection is before July1, 2023, the unit will be registered when the inspection report is submitted.   

Since the program is new and our office is currently working through implementation, there will be no administrative action for any late registration or inspections through July 1, 2023.

3. When do I need to apply?

Starting Jan. 1, 2023, if you are Elevator Contractor, Elevator Inspector, or an Elevator Mechanic, you now must apply for a license with the OSFM to conduct business in the State of Kansas. This license will be valid for two years from issuance date.

4. Who must apply?

The categories are as follows:

• "Elevator contractor" means a sole proprietorship, firm, partnership, corporation, or association that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators.
• "Elevator inspector" means an individual engaged in the business of inspecting elevators.
• "Elevator mechanic" means an individual engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators under the direct supervision of an elevator contractor.

5. What database is being used?

We will be using a database called Compliance Engine from a company called Brycer for all the inspection reports and certificates of operation. Licensing of contractors, inspector, mechanics and registration of the units will be thorough the OSFM's website.

6. Why are contractors, mechanics, and inspectors now being required to become licensed?

In 2022, the Kansas Legislature passed into law, HB 2005, creating the Elevator Safety Act. This Act creates safety standards for elevators, licensure requirements for elevator inspection, installation, alteration, and repair, and the duties of the Office of the State Fire Marshal (OSFM).

7. Will the OSFM have elevator inspectors?

No, we will not have any elevator inspectors. Inspections will be done by a licensed inspector who will also collect the annual certification fee of $100 in addition to any inspection fee charged by them.  The annual certification card will be sent after the inspection is reviewed.   

Our office will have a program manager with many years of elevator experience who will do spot inspections, respond to complaints, along with any accidents or major equipment failures. That person will also mediate any disputes or disagreements that arise between anyone involved in the industry.

8. Will there be a 3rd party Inspector License?

The current Elevator Safety Act does not require a 3rd party inspection. Currently a mechanic could also hold an inspector license. Our office started accepting contractor, mechanic and inspector license applications Jan. 1, 2023 and have begun the approval process. Between now and July 1, 2023, we are allowing facilities and companies to continue their work and inspections as usual, using this time period to get everyone up to speed on the new law and how it will work. Facilities can register their units at no charge on our website, if they have no annual inspection scheduled until after July 1, 2023. When an inspection is completed, the inspector will collect the $100 certification fee and forward the inspection report and fee to our office using Compliance Engine. Our office will then approve the inspection report, and the certificate of operation will be emailed to the facility or facility contact.

9. How much will the license cost?

Each Licensee must pay by credit card (American Express is not accepted).  No Checks will be accepted.  Make payments to:  Elevator Payment Portal

                Elevator Contractor -      $500.00

                Elevator Inspector -        $250.00

                Elevator Mechanic -       $150.00

Each Contractor, Inspector and Mechanic must provide proof to the state fire marshal’s office of a current insurance policy issued by an insurance company authorized to do business in this state that provides general liability coverage of at least $1,000,000 for injury or death of any number of persons in any one occurrence, with coverage of at least $500,000 for property damage in any one occurrence and proof of workers compensation insurance coverage as required by Kansas law.

10. Will your office list licensed contractors, mechanics, and inspectors that have been certified?

We will have information on licensed contractors, mechanics, and inspectors on our website.   

11. Will Compliance Engine be offering training for Inspectors?

When an inspector registers with Compliance Engine, they will be able to sign up for a training webinar. Compliance Engine will offer complimentary training on Tuesday, Wednesday, and Thursday on the Compliance Engine website. The inspector can sign up for the date/time that works best for their schedule. The training will be a live webinar, so they can ask any questions they may have. To sign up for training, click on the ‘training’ link on the main Compliance Engine website.  It will ask for some basic information and then choose a date/time. After signing up, they will receive an email with the webinar link.

12. What elevator code is being enforced in Kansas?

The Kansas Legislature adopted ASME A17.1-2019.

13. Are all elevators and installations inspected to the ASME A17.1-2019 code?

In areas with no elevator equipment code in effect prior to July 2022, the annual inspection and witnessing of applicable tests shall be performed according to the code that should have been in effect when the equipment was installed.

14. What if the City or County has an Elevator program, what is the procedure?

If your city or county has an elevator program that has been approved by the OSFM, a Contractor, Mechanic, or Inspector will not be required to have a state license, as long as they do not provide service outside of that city or county.                     

License applications, installation and alteration permits, registration forms, and other information, can be found HERE.

                                                                                                                

15. How do I receive my operating certificate for my elevator?

1. Get an inspection from a state licensed inspector (of the facility’s choosing).
2. The inspector collects the $100 state certificate of operation fee, in addition to their inspection fee, and then enters the inspection report into the state database.
3. The inspection report is reviewed and approved by state elevator manager.
4. The certificate is generated and emailed out from the state database the following night after midnight to the facility and contractor.

16. Do I have to fix inspection deficiencies?

Yes. Equipment repairs are preferred over personal injuries. Civil litigation is sure to follow if a rider is injured.

17. How often is a state inspection required?

A state inspection is required annually.

18. What is the cost of an elevator inspection?

Competitive pricing drives the cost of an inspection. Costs may vary between different state licensed inspectors. So, it is recommended that a customer obtain more than one bid for conducting the inspection. Usually if a re-inspection is required, a cost is associated with the re-inspection.

19. What guidelines or procedures are required for the inspection?

To set up an inspection you must schedule a state-licensed inspector along with a licensed elevator mechanic to perform testing as required. A current list of state licensed Contractors, Mechanics and Inspectors may be found here: Elevator Safety Program | State Fire Marshal, KS

20. After completion of the inspection who do I contact to get information on how to correct any violations?

You may either contact your elevator contractor, mechanic or the inspector that conducted the inspection. The Office of the State Fire Marshal will provide written notification of the violations and notice of 30 days to comply.

21. If violations cannot be corrected within the 30-day time frame, can additional time be provided?

Yes. To request additional time, you must submit, in writing, a request for an extension with details outlining proposed dates of completion.

22. When is a re-inspection required?

A re-inspection is required on all life safety violations. This includes firefighters operation, emergency communications and signaling devices, emergency cab lighting failures and any major violations that could cause injury to a rider. 

23. How much time will I be allowed to have before I must be in compliance?

The effective date of this amendment will be established via the promulgated rule process. If additional time is needed to achieve compliance, the OSFM will review the circumstances on a case-by-case basis to establish a reasonable time frame for the owner to achieve compliance.

24. How do I decommission an unused elevator?

A Licensed Elevator Contractor is required to perform the work as follows:

A17.1-2019: Section 8.11.1.4 (b) Installation placed Out of Service 

Section 8.11.1.4(b) (1) Electric elevator, dumbwaiter, or material lift whose suspension ropes have been removed, whose car and counterweight rest at the bottom of the hoistway, and whose hoistway doors have been permanently barricaded or sealed in the closed position on the hoistway side. 

Section 8.11.1.4(b) (2) Hydraulic elevator, dumbwaiter, or material lift whose car rest at the bottom of the hoistway; when provided with suspension ropes and counterweight, the suspension ropes have been removed and the counterweight rest at the bottom of the hoistway; whose pressure piping has been disassembled and a section removed from the premises and whose hoistway doors are permanently barricaded or sealed in the closed position on the hoistway side: 

Section 8.11.1.4(b) (3) Escalator or moving walk whose entrances have been permanently barricaded.

25. How do I know if my hydraulic elevator has a single bottom jack?

It may be difficult to make this determination; however, the elevator company you have a maintenance contract with may be able to make this determination.

26. If my elevator has a single bottom jack what are my options to ensure compliance with the ASME A17.1-2004 code.

You have three options:

1. Replace with double bottom jack.
2. Install car safety device.
3. Install a plunger gripper as a temporary fix.

27. If I select one of the options rather than replacing the single bottom jack will this prevent me from having to ever replace the single bottom jack?

No. Choosing to install the plunger grippers or the safety devices will not prevent the single bottom jack from eventually failing. The options are simply a temporary fix.

28. Who can perform work on a single bottom jack?

Any licensed elevator contractor can perform this work. 

29. Why am I being required to comply with the 2004 code?

Nationally recognized codes are implemented to address safety issues and often are in response to accidents. Failure of a single bottom jack has the potential to allow the elevator car to suddenly drop to the bottom of the hoistway causing injury to the elevator rider(s) and cause considerable damage to the elevator/structure. Due to the age of single bottom jacks, the potential for failure is more evident.

30. I have heard there may be potential of Environmental Protection Agency (EPA) regulations in connection with single bottom jacks?

Whether you have a single bottom jack or double bottom jack each contain hydraulic oil. Leakage of oil into the soil is an EPA violation and becomes costly to clean up. Due to the age of single bottom jacks, the potential for leakage is greater.

31. Why require the single bottom jack to be changed before a hydraulic oil leak occurs or the jack fails?

In addition to costs associated with changing the single bottom jack, you now have created additional costs to remove contaminated soil which can be expensive. As mentioned before, jack failure can result in the elevator car to suddenly drop risking injury to a rider(s) and cause additional damage to the elevator and structure.

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Fireworks

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1. When can I shoot consumer fireworks?

The Kansas State Fire Marshal’s Office does not regulate when consumer fireworks can be discharged. This is left up to the local authority.

2. What fireworks are illegal?

Pursuant to K.S.A. 31-155, bottle rockets are illegal in the state of Kansas.

3. Can I make my own fireworks?

You will need to apply for a hobbyist manufacturer permit (PDF).

4. Can I shoot display fireworks?

You will need to apply for a display operator permit (PDF).

5. My city doesn’t allow fireworks. Can they do that?

Yes. The local authority is allowed to be more restrictive then the state.

6. How can I get a list of permit holders?

In order to receive a list of permit holders in any of our permit categories we will need a written request. Please document the reason why you are requesting the list. Once we receive your request, assuming it conforms to the Kansas Open Records Act, you will receive a cost estimate and a form that must be signed and notarized. Once this information is received back into our office, you will be given the list.

In order to receive a list you must sign a document stating that, you do not intend to, and will not:

• Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed
• Sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed

7. How can I get a list of seasonal retailers?

Permitting for retail stands is left up to the local authorities. You will need to contact them directly.

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Healthcare - Doors & Door Locks

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1. What are the requirements for posting codes next to the keypads?

As long as you have a method of providing cognitively aware residents, staff, and visitors the code you should not be cited for this deficiency. Posting of the code by the keypad is not the only method to achieve compliance with this, although it has been widely used by the providers. Some other approved methods:

• Post code on the entrance to all doors
• Create badges with the code on back for all visitors

2. What are the requirements for delayed egress posting?

Providers must post appropriate signage reading, Push until alarm sounds door will open in 15 seconds.

3. Can we prop open resident room doors?

You cannot use a wooden wedge, kick down, or other items like a trash can to prop open doors. However, non-rated resident room doors may be equipped with a magnetic or friction hold-open device that would allow the door to remain open but still meet the requirement for a single-motion to close.

Rated doors such as your smoke barrier, fire barrier, and hazardous room doors must remain closed. If they are equipped with a hold-open device, those devices must be tied into the fire alarm system.

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Healthcare - Electrical

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1. How much area must be kept clear around the electrical panels?

A three foot area around the panel needs to be clear so that there is easy access to the panel. The National Fire Protection Agency Standard is as follows: Sufficient space shall be provided and maintained about electric equipment to permit ready and safe operation and maintenance of such equipment. Where energized parts are exposed, the minimum clear work space shall not be less than 6½ feet high or less than 3 feet wide. In all cases, the work space shall be adequate to permit at least a 90 degree opening of doors or hinged panels. 1999 National Fire Protection Agency 70, Article 110-32

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Healthcare - Emergency Lights

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1. If you have a generator where is additional battery-powered emergency lighting required?

If the generator supplies emergency power, then battery powered emergency lighting is required at the following locations:

• At the generator - If located inside
• At the generator - If located outside and not accessible by vehicle
• Surgery Suite - New or Major renovated

2. Is emergency lighting required in a medical room if you have a generator?

Not if the medical room lights are powered by the generator.

3. Can emergency lights be on a keyed-switch?

No. Emergency lighting cannot require manual operation (such as being switched).

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Healthcare - Fire Alarms & Drills

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1. Does our alarm vendor have to use the annual inspection forms shown in National Fire Protection Agency 72?

They do not have to use the exact forms but all of the information shown in National Fire Protection Agency 72 must be provided on the vendor forms.

2. What is the definition of unexpected times? And why do we have to document a scenario?

The Office of the State Fire Marshal will cite providers for similar times if you hold a fire drill the first day of the month every quarter and if you do not vary your time more than 2 to 3 hours. Drills should be conducted throughout shifts and should not show a pattern (same time of day, same day of the month). Scenarios ensure that drills are performed under varying conditions - such as the size, type and location of the fire.

National Fire Protection Agency Standard: Requires drills be conducted at least quarterly on each shift under varied conditions to simulate the unusual conditions occurring in case of fire. The fire alarm shall be transmitted during drills although a coded announcement may be used between 9 p.m. and 6 a.m. When a coded announcement is used, transmission of the alarm must occur the following morning. 2012 National Fire Protection Agency 101, 18/19.7.1.-18/19.7.1.8

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Healthcare - Fire Places

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1. What are the requirements for a wood burning or gas fireplace?

They are both considered a fireplace and fall under the same codes (New: 18.5.2.2-5.2.3 Existing: 19.5.2.3-5.2.3). Electric/Plug in fireplaces are considered portable space heaters and must adhered to space-heating requirements (New: 18.7.8 Existing: 19.7.8).

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Healthcare - Generators

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1. What are the testing and maintenance schedule/requirements for generators?

The requirements for testing and maintenance of generators are somewhat lengthy so we’ve created a Fire Fact.

2. Where do annunciator panels need to be if following 2012 code?

A remote annunciator must be provided to operate outside of the generating room in a location readily observed by operating personnel at a regular work station. However, the panel itself is not required to be at a 24/7 monitored station. You can place the panel somewhere else, as long as it’s remote from the generator. If the location you chose to place the annunciator is not monitored 24/7, you will need to install an audible and visible trouble indicator (clearly labeled for the generator annunciator) at a 24/7 monitored location so they know to go look at the panel if signaled.

If a provider is installing a new generator or undergoing a major upgrade they would need to follow the 2011 National Fire Protection Agency (NFPA) 70, 2010 NFPA 110, 2012 NFPA 99 - otherwise they would follow the code when their generator was installed. The requirement for a remote annunciator at an attended location can be tracked back to 1965.

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Healthcare - Kitchen Hood Suppression Systems

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1. We were cited for being late on our 6 month service on our kitchen system. Is there any leeway?

Inspectors will give you a week or so after the 6 month date before citing the system. This leeway is only applicable to kitchen systems.

2. Does kitchen hood suppression need to be connected to fire alarm system?

Yes it does.

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Healthcare - Sprinkler System

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1. Does the 2013 sprinkler requirement apply to assisted living and residential board and care type facilities?

No. The 2013 sprinkler requirement only applies to long-term care facilities. Note: Keep in mind that this applies to all long-term care facilities, regardless of construction type, number of floors, prior approved compensatory measures, etc.

All long-term care facilities must be fully sprinklered.

2. What about previously waivered conditions?

No waivers (new or previous) or FSES (new or previous) will be accepted. If not incompliance by the August date they will be denied payment and be terminated from the CMS program.

3. What are the requirements for storage within 18 inches of a sprinkler head?

The 18-inch (0.46-millimeter) dimension is not intended to limit the height of shelving on a wall or shelving against a wall in accordance with 5-6.6. Where shelving is installed on a wall and is not directly below sprinklers, the shelves, including storage thereon, can extend above the level of a plane located 18 inches (0.46 millimeters) below ceiling sprinkler deflectors.

Shelving, and any storage thereon, directly below the sprinklers cannot extend above a plane located 18 inches (0.46 millimeters) below the ceiling sprinkler deflectors.

4. Is there a minimum size requirement for a closet to be sprinklered?

Yes. Sprinklers shall not be required in clothes closets of patient sleeping rooms in hospitals where the area of the closet does not exceed 6 feet 2 inches (0.55 millimeters squared), provided that the distance from the sprinkler in the patient sleeping room to the back wall of the closet does not exceed the maximum distance permitted by National Fire Protection Agency 13, Standard for the Installation of Sprinkler Systems. 2012 LSC 18/19.3.5.10

5. How many spare sprinkler heads must we keep on site?

A supply of spare sprinklers (never fewer than six) shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. These sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property. The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 degrees Fahrenheit (38 degrees Celsius).

A special sprinkler wrench shall also be provided and kept in the cabinet to be used in the removal and installation of sprinklers. The stock of spare sprinklers shall include all types and ratings installed and shall be as follows:

• For systems having less than 300 sprinklers, not fewer than six sprinklers
• For systems with 300 to 1000 sprinklers, not fewer than 12 sprinklers
• For systems with over 1000 sprinklers, not fewer than 24 sprinklers

6. Does our sprinkler vendor have to use the annual inspection forms shown in National Fire Protection Agency 25?

They do not have to use the exact forms but all of the information shown in National Fire Protection Agency 25 must be provided on the vendor forms.

7. Please clarify at what point will the Office of the State Fire Marshal cite a sprinkler head for being corroded or dirty?

CMS and Office of the State Fire Marshal will only cite facilities if the corrosion, paint, dust, or lint is heavy and would prevent proper operation.

National Fire Protection Agency Standard: Sprinklers shall be inspected from the floor level annually. Sprinklers shall be free of corrosion, foreign materials, paint, and physical damage and shall be installed in the proper orientation (e.g., upright, pendant, or sidewall). Any sprinkler shall be replaced that is painted, corroded, damaged, loaded, or in the improper orientation. 1998 National Fire Protection Agency 25, 2-2.1.1

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Home Daycares

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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.

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Prevention - Fire Extinguishers

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1. Is it required to purchase new fire extinguishers before January 1, 2014?

If a dry chemical stored pressure extinguishers has had their 6 year maintenance or a hydro test prior to January 1, 2014 they will be able to remain in-service until the time is up for the next maintenance check.

Background

The Statue 22-1-3 (C) portable fire extinguishers. National Fire Protection Administration standard number 10, including annexes A through K, 2007 edition. The provisions of section 4.4.1 shall be effective only on and after January 1, 2014.

4.4.1 Dry chemical stored pressure extinguishers manufactured prior to October 1984 shall be removed from service at the next 6-year maintenance interval or the next hydrotest interval, whichever comes first.

2. Where should fire extinguishers be placed? At all exit doors, or just front entry?

The use of portable fire extinguishers are most effectively utilized when they are readily available in sufficient number and with adequate extinguishing capacity for use by persons familiar with their operation. In fire emergencies where extinguishers are relied upon, someone usually has to travel from the fire to obtain the device, and then return to the fire before using it. The time required to accomplish this is determined mainly by the travel distance involved in securing the extinguisher and placing it in operation.

Travel distance is the actual distance the user of the extinguisher will need to walk. Consequently, travel distance will be affected by partitions, location of doorways, aisles, piles of stored materials, and other items. For schools the travel distance to a fire extinguisher shall not exceed 75 feet unless in a high hazard areas.

In high hazard areas, such as wood or metal shops or chemistry laboratories, the travel distance shall be no more than 50 feet. This information is listed in the National Fire Protection Administration 10 guidelines that cover portable fire extinguishers.

3. Can a (cold fire) liquid agent fire extinguisher be used in Type K extinguishers?

This product is not a UL listed product. It does contain a UL listed component only as UL 2N75 which is a wetting agent. To my knowledge, this product is not specifically tested or listed by Underwriters Laboratories for any specific hazard.

Per National Fire Protection Administration 10, Class K Fires are fires in cooking appliances that involve combustible cooking media. Under National Fire Protection Administration 10, 5.3.2.5, Fire extinguishers for the protection of Class K hazards shall be selected from types that are specifically listed and labeled for use on Class K fires.

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Safe Cigarettes

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1. Who administers this act?

Pursuant to K.S.A. 31-603(g) it is the duty of the Office of the State Fire Marshal.

2. What is the process for certification?

A manufacturer may obtain certification forms through the Kansas Attorney General website. These need to be filled out fully and completely with proper payments sent via certified funds to the Office of the State Fire Marshal. There is also a fee due to the Kansas Secretary of State.

3. How often must a manufacturer certify their product?

Every three years according to K.S.A. 31-604(d).

4. What if a manufacturer materially alters a certified cigarette?

That manufacturer must obtain new certification for the altered cigarette pursuant to K.S.A. 31-604(h).

5. Where do the fees go?

For the fees sent to the Fire Marshal's office pursuant to this Act, there has been established in the state treasury a separate, non-lapsing fund to be known as the Fire Safety Standard and Firefighter Protection Act Enforcement Fund which shall be administered by the Office of the State Fire Marshal (K.S.A. 31-604(g)).

6. Do the wholesalers/retailers have any responsibilities under this Act?

Yes. They may sell existing cigarette inventory, even if they are not stamped until July 1, 2010 if:

• It is established that the inventory was purchased prior to July 1, 2009 in comparable quantity to the inventory purchased during the same period of time in the prior year
• It is proven that the tax stamp was affixed prior to July 1, 2009. K.S.A. 31-603(h)

7. Are there penalties for non-compliance?

Yes. These are found in K.S.A. 31-606.

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Schools Kindergarten through 12

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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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Seasonal Fireworks Retailers

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1. I would like to open a fireworks retail stand this season. What do I need to do?

The Office of the State Fire Marshal does not issue permits for retail stands. This is left up to the local jurisdiction. To be in compliance with state law you need the following:

• You need to purchase your fireworks from a distributor who holds a Kansas permit. The distributor should be able to provide you with their permit number.
• An inventory at each retail stand showing what you started off with and the distributor with a Kansas permit from whom it was purchased.
• We have adopted National Fire Protection Agency 1124 which deals with the technical aspects of the retail stands. You can get your own copy directly from the agency's website.

2. When can I sell from my retail stand?

You can sell from June 27th to July 5th.

3. Do I need a distributor permit?

The average retail stand that is purchasing fireworks from a distributor and only selling to the public during the week of June 27 through July 5th does not need a distributor. However, if at any point you sell fireworks to another stand or purchase them on their behalf and then distribute to that stand, yes you will.

4. We purchase our fireworks directly from China to sell at our seasonal stands. Do I need a distributor permit?

No. Assuming that you are not selling to anyone else and the fireworks are strictly for retail sale then you will not need one. You will however need to keep copies of invoices for the fireworks at the stands to show where they came from.

5. Can you provide me with a list of retail stands in Kansas?

No. Because permit distribution is left up to the local authority, you will need to contact them to get a list.