K.S.A. » Chapter 31
Kansas Statutes Annotated

K.S.A. § 31-133 (2026)

Fire marshal; power and duties; rules and regulations

✓ current as of May 2026
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31-133. Fire marshal; power and duties; rules and regulations. (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 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.

History: L. 1972, ch. 157, § 2; L. 1974, ch. 172, § 1; L. 1975, ch. 219, § 1; L. 1975, ch. 220, § 1; L. 1976, ch. 200, § 1; L. 1982, ch. 168, § 1; L. 1985, ch. 128, § 1; L. 1988, ch. 127, § 1; L. 1999, ch. 65, § 1; L. 2004, ch. 1, § 7; L. 2019, ch. 27, § 1; July 1.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1979–2024 · leading case: Gaines-Tabb v. ICI Explosives, USA, Inc., 160 F.3d 613 (10th Cir. 1998).
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Gaines-Tabb v. ICI Explosives, USA, Inc., 160 F.3d 613 (10th Cir. 1998). · cites it 6× “§§ 842 (e) 5 & (f) 6 and *622 Kan. Stat. Ann. §§ 31-133 (a) 7 & 21-4207 8 by distributing the AN to Farmland and Mid-Kansas without ascertaining that they possessed permits to receive it and by failing to register the AN.”
Pullen v. West, 92 P.3d 584 (Kan. 2004). · cites it 4× “The trial court correctly concluded that K.S.A. 31-133 and the adopted regulations were designed to protect the public in general rather than a specific group of individuals.”
Arredondo v. Duckwall Stores, Inc., 610 P.2d 1107 (Kan. 1980). · cites it 2× “The state fire marshal is directed to adopt rules and regulations for the safeguarding of life and property from the hazards of explosion, which regulations shall include: "(1) The keeping, storage, use, sale, handling, transportation or other disposition of .”
Esrey v. Dibbern, 620 P.2d 827 (Kan. 1980). · cites it 5× “Dibbern notified appellant that since the doors created a distinct hazard to life and property and were not in compliance with K.S.A. 1979 Supp. 31-133 and regulations adopted thereunder, they were to be replaced in all sixty-eight apartments by hinged swinging doors.”
Nat'l Educ. Ass'n-Fort Scott v. Bd. of Educ., 592 P.2d 463 (Kan. 1979). “’ School safety from fire and tornado hazard has been assigned to the supervision and control of the State Fire Marshal (K.S.A. 1977 Supp. 31-133). Election of school board members is assigned to the supervision of the County Election Officers.”
Baca v. Walgreen Co., 630 P.2d 1185 (Kan. Ct. App. 1981). · cites it 4× “The property was found to be in violation of K.S.A. 1978 Supp. 31-133, and K.A.R. 22-13-4, regarding automatic extinguishing systems to be installed over cooking equipment.”
Bd. of Johnson Cnty. Comm'rs v. Jorgensen (Kan. Ct. App. 2024). · cites it 6× “Exemption from State Fire Code Under K.S.A. 31-133 Under the state fire code, if four or more individuals with disabilities live in a place where they receive some care, the building is considered a "residential board and care occupancy home.”
Baca v. Walgreen Co., 638 P.2d 898 (Kan. 1982). “K.S.A. 1980 Supp. 31-133 (then 1978 Supp.”
Gaines-Tabb v. ICI Explosives (10th Cir. 1998). · cites it 5× “- 19 - §§ 842(e) 5 & (f) 6 and Kan. Stat. Ann. §§ 31-133 (a) 7 & 21-4207 8 by distributing 5 18 U.”
Johnson Cnty. Bd. of Comm'rs v. Jorgensen (Kan. Ct. App. 2021). “That Code, as adopted into Kansas law, does not apply to "buildings used wholly as dwelling houses containing no more than two families," K.S.A. 2020 Supp. 31-133(a)(3), but applies to residential homes that board four or more unrelated residents if the homes provide "personal…”
— K.S.A. § 31-133(a) — 2 cases
Pullen v. West, 92 P.3d 584 (Kan. 2004). “The trial court correctly concluded that K.S.A. 31-133 and the adopted regulations were designed to protect the public in general rather than a specific group of individuals.”
Bd. of Johnson Cnty. Comm'rs v. Jorgensen (Kan. Ct. App. 2024). “Exemption from State Fire Code Under K.S.A. 31-133 Under the state fire code, if four or more individuals with disabilities live in a place where they receive some care, the building is considered a "residential board and care occupancy home.”
— K.S.A. § 31-133(a)(3) — 2 cases
Bd. of Johnson Cnty. Comm'rs v. Jorgensen (Kan. Ct. App. 2024). “Exemption from State Fire Code Under K.S.A. 31-133 Under the state fire code, if four or more individuals with disabilities live in a place where they receive some care, the building is considered a "residential board and care occupancy home.”
Johnson Cnty. Bd. of Comm'rs v. Jorgensen (Kan. Ct. App. 2021). “That Code, as adopted into Kansas law, does not apply to "buildings used wholly as dwelling houses containing no more than two families," K.S.A. 2020 Supp. 31-133(a)(3), but applies to residential homes that board four or more unrelated residents if the homes provide "personal…”
— K.S.A. § 31-133(a)(l) — 1 case
Pullen v. West, 92 P.3d 584 (Kan. 2004). “The trial court correctly concluded that K.S.A. 31-133 and the adopted regulations were designed to protect the public in general rather than a specific group of individuals.”
— K.S.A. § 31-133(b) — 2 cases
Pullen v. West, 92 P.3d 584 (Kan. 2004). “The trial court correctly concluded that K.S.A. 31-133 and the adopted regulations were designed to protect the public in general rather than a specific group of individuals.”
Esrey v. Dibbern, 620 P.2d 827 (Kan. 1980). “Dibbern notified appellant that since the doors created a distinct hazard to life and property and were not in compliance with K.S.A. 1979 Supp. 31-133 and regulations adopted thereunder, they were to be replaced in all sixty-eight apartments by hinged swinging doors.”
— K.S.A. § 31-133(c) — 2 cases
Esrey v. Dibbern, 620 P.2d 827 (Kan. 1980). “Dibbern notified appellant that since the doors created a distinct hazard to life and property and were not in compliance with K.S.A. 1979 Supp. 31-133 and regulations adopted thereunder, they were to be replaced in all sixty-eight apartments by hinged swinging doors.”
Baca v. Walgreen Co., 630 P.2d 1185 (Kan. Ct. App. 1981). “The property was found to be in violation of K.S.A. 1978 Supp. 31-133, and K.A.R. 22-13-4, regarding automatic extinguishing systems to be installed over cooking equipment.”
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