Kansas Statutes Annotated

K.S.A. § 31-136 (2026)

Same; exemptions from regulations, when; procedure

✓ current as of May 2026
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31-136. Same; exemptions from regulations, when; procedure. The state fire marshal shall have the power to grant exemptions from the application of specific requirements of regulations promulgated pursuant to this act. Any such exemption shall be granted only upon written request which clearly demonstrates that the enforcement of a specific requirement of a rule or regulation will cause unnecessary hardship to the petitioner, or that such exemption is necessary for the petitioner to take advantage of new methods or equipment of recognized adequacy which conforms to fundamental safety standards. The particulars of any exemption so granted shall be set forth in writing, and a copy thereof shall be retained in the office of the state fire marshal.

History: L. 1972, ch. 157, § 5; July 1.


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Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2024 · leading case: Johnson Cnty. Bd. of Comm'rs v. Jorgensen (Kan. Ct. App. 2021).
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Johnson Cnty. Bd. of Comm'rs v. Jorgensen (Kan. Ct. App. 2021). · cites it 2× “But the Fire Marshal informed the Board that it could submit a new request for a waiver under K.S.A. 31-136 if it could show "that enforcement of specific requirements of any rule or regulation or any specific provision of the Life Safety Code will cause unnecessary hardship.”
Bd. of Johnson Cnty. Comm'rs v. Jorgensen (Kan. Ct. App. 2024). “Under K.S.A. 31-136, the Fire Marshal may authorize "exemptions" from "specific requirements" of the fire code to avert an "unnecessary hardship.”
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