31-150a. Violations of fire prevention code; criminal penalty; injunction. - Kansas Statutes

31-150a

Chapter 31.--FIRE PROTECTION Article 1.--FIRE SAFETY AND PREVENTION

      31-150a.   Violations of fire prevention code; criminal penalty;injunction.(a) Any person who violates any provision of this act or the act ofwhich this act is amendatory, or who violates any rule or regulationadopted pursuant thereto, or who violates any lawful order issued by thestate fire marshal or by any of the persons designated in K.S.A.31-137 and amendments thereto, shall be guilty of a class B misdemeanor,and each day that theoffense continues after receipt of written notice thereof issued by thestate fire marshal, or by any other person designated in K.S.A.31-137 and amendments thereto, shall constitute a separate violation.Notice of any such violationmay be sent to the responsible party by restricted mail, as defined in K.S.A.60-103 and amendmentsthereto, but refusal of the addressee to receive such notice shall constitutereceipt thereof, or such notice may be served personally on the responsibleparty by the state firemarshal or the state fire marshal's deputies.

      (b)   At the request of the state fire marshal or any other persondesignated in K.S.A. 31-137 and amendments thereto, the attorney general orthe properdistrict or county attorney may obtain an injunction to restrain anyviolation designated in subsection (a), where such violation is acontinuing offense or where it constitutes an immediate hazard to life orproperty. The application for an injunction pursuant to this subsectionshall be made to the district court of the county in which the violationoccurs, and any such injunction shall be governed by the provisions ofarticle 9 of chapter 60 of the Kansas Statutes Annotated.

      History:   L. 1974, ch. 172, § 3;L. 1993, ch. 162, § 1; July 1.