Kansas Statutes Annotated

K.S.A. § 44-917 (2026)

Conformity to law, variance; maximum allowable pressure; application of act to boilers and pressure vessels previously installed

✓ current as of May 2026
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44-917. Conformity to law, variance; maximum allowable pressure; application of act to boilers and pressure vessels previously installed. (a) All new boilers and pressure vessels shall conform to the rules and regulations adopted pursuant to this act which govern new construction and installation. If a new boiler or pressure vessel is of special design or construction and the design is consistent with the spirit and safety objectives of this act and rules and regulations, an interested party may request a variance from the state fire marshal to build and operate a nonconforming boiler or pressure vessel.

(b) The maximum allowable working pressure of a boiler or pressure vessel carrying the American society of mechanical engineers or other approved code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.

(c) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the American society of mechanical engineers code symbol shall be computed in accordance with the rules and regulations adopted by the state fire marshal.

(d) This act shall not be construed as in any way preventing the use, sale or reinstallation of a boiler or pressure vessel previously installed in this state, provided it has been made to conform to the rules and regulations governing existing installations and provided it has not been found upon inspection to be in an unsafe condition. If a previously installed boiler or pressure vessel is of special design or construction and the design is consistent with the spirit and safety objectives of this act and rules and regulations, an interested party may request a variance from the state fire marshal to use, sell or reinstall a nonconforming boiler or pressure vessel.

(e) This act shall not be construed to require a pressure vessel inspection of those pressure vessels moved to a different location by the same owner.

History: L. 1977, ch. 172, § 5; L. 1998, ch. 67, § 5; L. 2000, ch. 46, § 1; L. 2013, ch. 44, § 8; July 1.

CASE ANNOTATIONS

1. 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 1 case, 2009–2009 · leading case: Bd. of Cnty. Commissioners v. Kansas Dep't of Labor, 206 P.3d 558 (Kan. Ct. App. 2009).
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Bd. of Cnty. Commissioners v. Kansas Dep't of Labor, 206 P.3d 558 (Kan. Ct. App. 2009). “See K.S.A. 44-917(a) (Furse 1993). Given the complexities in this area, it is hardly surprising the legislature has authorized the KDL to use its discretion in carrying out the statutory purpose of the KBSA.”
— K.S.A. § 44-917(a) — 1 case
Bd. of Cnty. Commissioners v. Kansas Dep't of Labor, 206 P.3d 558 (Kan. Ct. App. 2009). “See K.S.A. 44-917(a) (Furse 1993). Given the complexities in this area, it is hardly surprising the legislature has authorized the KDL to use its discretion in carrying out the statutory purpose of the KBSA.”
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