Kansas Statutes Annotated

K.S.A. § 31-137 (2026)

Same; enforcement of act and regulations; investigations; entry and examination of buildings and premises; report, filing

✓ current as of May 2026

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31-137. Same; enforcement of act and regulations; investigations; entry and examination of buildings and premises; report, filing. The state fire marshal, deputies of the fire marshal, the chief of any organized fire department of any municipality, whether such fire department is regular or volunteer, or any member of any such fire department who has been duly authorized by the chief thereof, shall enforce the provisions of this act and any rules and regulations adopted pursuant thereto. Such persons are authorized to make any investigations deemed necessary of any fire or explosion occurring within this state. Such persons shall make an investigation of any fire or explosion occurring within this state, or an attempt to cause any fire or explosion within this state, if there is reason to believe that the fire was of an incendiary origin or was an attempt to defraud an insurance company. In addition, the chief of any organized fire department of any municipality may designate other qualified persons to conduct such investigations in such municipality. In order to carry out such investigations, the state fire marshal and those persons designated by or authorized to be designated by this section shall have the right and authority at all times of day or night to enter upon or examine, in accordance with existing laws and regulations, any building or premises where any fire or explosion or attempt to cause a fire or explosion has occurred. Such persons shall make a written report of the findings of any investigation conducted pursuant to this section which shall be filed in the office of the state fire marshal.

History: L. 1972, ch. 157, § 6; L. 2004, ch. 26, § 12; July 1.

Notes of Decisions

Cited in 5 cases, 1977–2004 · leading case: Pullen v. West, 92 P.3d 584 (Kan. 2004).

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Pullen v. West, 92 P.3d 584 (Kan. 2004). “K.S.A. 31-137 confers the right of entering and inspection as to public buildings, businesses and residences.”

State Ex Rel. Schneider v. City of Kansas City, 612 P.2d 578 (Kan. 1980). · cites it 2× “That is not to say that there should not be cooperation between the Board of Regents and the City officials and we would assume that such cooperation would be forthcoming and will be beneficial to both.”

State v. Miller, 565 P.2d 228 (Kan. 1977). “(K.S.A. 31-137.) The officers were lawfully within the premises when they became suspicious about the death and the fire.”

Esrey v. Dibbern, 620 P.2d 827 (Kan. 1980). · cites it 2× “31-137 provides in part: “The state fire marshal, his deputies, the chief of any organized fire department of any municipality . . . shall enforce the provisions of this act and any rules and regulations adopted pursuant thereto.”

Baca v. Walgreen Co., 630 P.2d 1185 (Kan. Ct. App. 1981). · cites it 4× “31-150a( a ) provides: *520 "Any person who violates any provision of this act or the act of which this act is amendatory, or who violates any rule or regulation adopted pursuant thereto, or who violates any lawful order issued by the state fire marshal or by any of the persons…”

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