Kansas Statutes Annotated

K.S.A. § 44-916 (2026)

Rules and regulations; inspections; certifications

✓ current as of May 2026
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44-916. Rules and regulations; inspections; certifications. (a) The state fire marshal shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction, installation, inspection, maintenance and repair of boilers in this state. The state fire marshal shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction and installation of pressure vessels in this state.

(b) Rules and regulations adopted hereunder may include reporting, monitoring and recordkeeping requirements for owners and users of boilers and pressure vessels subject to this act.

(c) Rules and regulations adopted hereunder for construction of new boilers and pressure vessels shall be based upon and at all times follow generally accepted nationwide engineering standards, formulae and practices established and pertaining to boiler construction and safety. Such rules and regulations may incorporate by reference specific editions, or portions thereof, of the boiler and pressure vessel code of the American society of mechanical engineers or other approved codes of construction.

(d) Rules and regulations adopted hereunder for the construction, installation, inspection, maintenance and repair of boilers and pressure vessels shall be based upon and at all times follow generally accepted nationwide engineering standards. Such rules and regulations may incorporate by reference specific editions, or portions thereof, of the inspection code of the national board of boiler and pressure vessel inspectors and may require the use of such board's "R" stamp for repairs.

(e) The chief inspector or deputy inspectors may perform inspections of boilers and pressure vessels and issue, upon completion, a special certification showing that such inspection was done in accordance with nationwide engineering standards as adopted by rules and regulations.

History: L. 1977, ch. 172, § 4; L. 1982, ch. 217, § 1; L. 1998, ch. 67, § 4; L. 2013, ch. 44, § 7; July 1.

CASE ANNOTATIONS

1. Adoption of boiler regulations by reference to inspection code of private organization not unconstitutional delegation of legislative power. North Amer. Safety Valve Industries v. Wolgast, 672 F. Supp. 488, 493 (1987).

2. Heating unit in courthouse found to be subject to regulation under Kansas boiler safety act. Board of Graham County Comm'rs v. Kansas Dept. of Labor, 41 Kan. App. 2d 936, 206 P.3d 558 (2009).


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Notes of Decisions
Cited in 3 cases, 1987–2009 · leading case: North Am. Saf. Valve Indus., Inc. v. Wolgast, 672 F. Supp. 488 (D. Kan. 1987).
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North Am. Saf. Valve Indus., Inc. v. Wolgast, 672 F. Supp. 488 (D. Kan. 1987). · cites it 8× “The legislature set the law regarding boiler safety in Kansas with two mandates: (1) “The secretary shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction, installation, inspection, maintenance and repair of boilers in this…”
Leroy v. Hartford Steam Boiler Inspection & Ins., 695 F. Supp. 1120 (D. Kan. 1988). · cites it 2× “Both provisions are authorized by and implement K.S.A. 44-916, the statute authorizing the secretary to adopt regulations for safe construction, installation, inspection, maintenance and repair of boilers in the state.”
Bd. of Cnty. Commissioners v. Kansas Dep't of Labor, 206 P.3d 558 (Kan. Ct. App. 2009). “K.S.A. 44-916 (Furse 1993). Those rules and regulations are found in Article 45, Chapter 49 of the Kansas Administrative Regulations and adopt the definition developed by the American Society of Mechanical Engineers (ASME) and the National Board of Boiler and Pressure Vessel…”
— K.S.A. § 44-916(a) — 1 case
North Am. Saf. Valve Indus., Inc. v. Wolgast, 672 F. Supp. 488 (D. Kan. 1987). “The legislature set the law regarding boiler safety in Kansas with two mandates: (1) “The secretary shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction, installation, inspection, maintenance and repair of boilers in this…”
— K.S.A. § 44-916(b) — 1 case
North Am. Saf. Valve Indus., Inc. v. Wolgast, 672 F. Supp. 488 (D. Kan. 1987). “The legislature set the law regarding boiler safety in Kansas with two mandates: (1) “The secretary shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction, installation, inspection, maintenance and repair of boilers in this…”
— K.S.A. § 44-916(c) — 2 cases
Leroy v. Hartford Steam Boiler Inspection & Ins., 695 F. Supp. 1120 (D. Kan. 1988). “Both provisions are authorized by and implement K.S.A. 44-916, the statute authorizing the secretary to adopt regulations for safe construction, installation, inspection, maintenance and repair of boilers in the state.”
North Am. Saf. Valve Indus., Inc. v. Wolgast, 672 F. Supp. 488 (D. Kan. 1987). “The legislature set the law regarding boiler safety in Kansas with two mandates: (1) “The secretary shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction, installation, inspection, maintenance and repair of boilers in this…”
— K.S.A. § 44-916(d) — 1 case
North Am. Saf. Valve Indus., Inc. v. Wolgast, 672 F. Supp. 488 (D. Kan. 1987). “The legislature set the law regarding boiler safety in Kansas with two mandates: (1) “The secretary shall adopt rules and regulations, consistent with the provisions of this act, for the safe construction, installation, inspection, maintenance and repair of boilers in this…”
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