36-510. Enforcement of act by secretary; contracts providing for enforcement by municipalities, fire marshal or secretary of agriculture authorized.
36-510
36-510. Enforcement of act by secretary; contractsproviding forenforcement by municipalities, fire marshal or secretary ofagriculture authorized.(a) The secretary shall be responsible for the enforcement of thelodging and food service standards promulgated pursuant to this act, butthe secretary is hereby authorized and empowered to contract with thegoverning body of any municipality for the enforcement of all or anyportion of such standards, whenever the secretary shall determine thatsuch municipality has adequate personnel to provide proper enforcement.Any municipality entering into a contract with the secretary to enforcesuch standards shall act as an agent of the secretary in carrying outsuch duties, and no such municipality shall charge any lodgingestablishment or food service establishments a fee for servicesperformed as an agent of the secretary under such contract which is inaddition to and separate from any fee such establishment is required topay to the secretary under the provisions of this act. Such municipalityshall enforce such standards within such municipalities of this state asare designated in the contract. Any inspection of lodging or foodservice establishments by officers, employees or agents of any suchmunicipality, and any notice of noncompliance issued as a result of anysuch inspection, shall have the same force and effect as if such hadbeen done by the secretary.
(b) The secretary and the state fire marshal are hereby authorizedand empowered to enter into a contract authorizing the state firemarshal and the fire marshal's deputies or lawful agents toenforce all or anyportion of the lodging or food service standards promulgated pursuant tothis act. Such contract shall designate specific lodging or food serviceestablishments, or types of lodging or food service establishments,wherein such authority may be exercised. Any inspection of suchestablishments by the state fire marshal or the firemarshal's deputies orlawful agents, to determine compliance with lodging or food servicestandards established pursuant to this act, and any notice ofnoncompliance issued as a result of any such inspection, shall have thesame force and effect as if such had been done by the secretary.
Such contract also may provide similar authority for the secretary ofagriculture and the secretary's officers,employees and agentswith respect to enforcement of all or any portion of the Kansas fireprevention code in specified lodging or food service establishments, orin types of lodging or food service establishments. Any inspection ofsuch establishments by the secretary, or the secretary'sofficers, employeesand agents, to determine compliance with the Kansas fire preventioncode, shall have the same force and effect as if performed by the statefire marshal or the marshal's deputies and agents.
History: L. 1975, ch. 314, § 14; L. 1976, ch. 205, § 3;L. 1984, ch. 313, § 61;L. 2008, ch. 84, § 16;L. 2009, ch. 59, § 6; July 1.