Kan. Stat. § 44-1816

Current through 2024 Session Acts Chapter 111
Section 44-1816 - [Effective 7/1/2024] Elevator certificate of operation; application fee; certificate display; city and county exception
(a) For any elevator installed prior to July 1, 2024, the owner of the elevator or the owner's agent shall apply for a certificate of operation on or before July 1, 2025. Such application shall be in such form and manner as prescribed by the state fire marshal and shall include a copy of the most recent inspection report required pursuant to K.S.A. 2023 Supp. 44-1815, and amendments thereto, a copy of the elevator maintenance agreement if the elevator is exempt from the inspection requirement pursuant to K.S.A. 2023 Supp. 44-1815(d)(2), and amendments thereto, or a copy of the certification provided by an insurance company documenting an inspection by an insurance company inspector as provided by section 1, and amendments thereto, and payment of the required application fee that shall not exceed $100.
(b) For any elevator installed on or after July 1, 2024, and prior to January 1, 2025, the owner of such elevator or the owner's agent shall apply for a certificate of operation within six months after such elevator is placed into operation. Such application shall be in such form and manner as prescribed by the state fire marshal and shall include a certification by the licensed elevator contractor that such installation was performed in compliance with the applicable provisions of this act and rules and regulations adopted pursuant thereto and payment of the required application fee, which shall not exceed $100.
(c) On and after January 1, 2025, before a newly installed elevator may be placed into operation, the licensed elevator contractor that performed the new installation shall apply for a certificate of operation. Such application shall be in such form and manner as prescribed by the state fire marshal and shall include a certification by the licensed elevator contractor that such installation was performed in compliance with the applicable provisions of this act and rules and regulations adopted pursuant thereto and payment of the required application fee, which shall not exceed $100.
(d) The state fire marshal shall grant applications and renewal applications for certificates of operation if the state fire marshal finds the applicant has demonstrated to the state fire marshal's satisfaction that all applicable provisions of this act and rules and regulations adopted pursuant thereto have been met, the elevator will be operated in accordance with the rules and regulations adopted pursuant to this act and operation of the elevator will not present a danger to the public.
(e)
(1) A certificate of operation shall be valid from the date of issuance or renewal until the date that is 30 days after the date of the inspection occurring within three years of the effective date of this act as provided by K.S.A. 44-1815(a), and amendments thereto. Upon receiving a renewal application for a certificate of operation that will expire as provided by this subsection, the state fire marshal shall extend the valid date of the certificate of operation until such time as the state fire marshal has made a determination on the renewal application. If the renewal application is granted, the certificate of operation for such elevator shall be valid until the date that is 30 days from the date of the subsequent inspection of such elevator as required by K.S.A. 44-1815(a), and amendments thereto. Certificates of operation newly issued after three years from the effective date of this act shall be valid until the date that is 30 days from the date of inspection performed as required by K.S.A. 44-1815(a), and amendments thereto. Certificates of operation may be renewed upon application submitted to the state fire marshal and payment of the required renewal fee, which shall not exceed the initial application fee. An application for a renewal certificate shall be accompanied by a copy of the most recent inspection report , the date of installation of the elevator and a certification that a load test has been performed on such elevator when required by K.S.A. 44-1815, and amendments thereto, the results of the load test and the date such test was performed.
(2) A certificate of operation for an elevator not subject to inspection requirements pursuant to K.S.A. 44-1815(d)(2), and amendments thereto, shall be valid from the date of issuance or renewal until the date that is three years from the effective date of this act. Thereafter all certificates of operation for such elevators shall be subject to renewal at the same time as if such elevator was subject to inspections pursuant to K.S.A. 44-1815(a), and amendments thereto. Any such application for issuance or a renewal application shall be accompanied by a copy of the elevator maintenance agreement. If the elevator maintenance agreement does not include any provision for load testing, any such application for renewal shall, in addition, be accompanied by a certification that a load test has been performed on such elevator when required by K.S.A. 44-1815, and amendments thereto, the results of the load test and the date such test was performed.
(f) Certificates of operation shall be clearly displayed on or in each elevator or in the machine room for such elevator. Each certificate of operation shall state that the elevator has been inspected, tested and found to be in compliance with all applicable standards of operation, that such elevator is subject to an elevator maintenance agreement and is in compliance with all applicable standards of operation or that such elevator has been inspected by an insurance company inspector as provided by section 1, and amendments thereto.
(g) This section shall not apply to any elevator located in a city or county that has adopted requirements and standards that meet or exceed the requirements and standards of this act and any rules and regulations adopted pursuant thereto.

K.S.A. 44-1816

Amended by L. 2024, ch. 76,§ 8, eff. 7/1/2024.
Added by L. 2022, ch. 60,§ 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.