44-1818. Requests for investigation of alleged violations; confidentiality; investigation by state fire marshal; determination of violation.

328 words·~1 min read·/ks/chapter-44/44-1818

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any person may request an investigation into an alleged violation of this act or rules and regulations adopted pursuant thereto, or the installation, servicing, maintenance or operation of an elevator that appears to place the public or persons using such elevator in danger by notifying the state fire marshal of such violation or danger. Such request shall be in writing, setting forth in reasonable particularity the grounds for the request and be signed by the person making the request.

(b)Such request, notice and any records relating to the request shall be confidential and shall not be disclosed by the state fire marshal unless ordered to be disclosed by a court of competent jurisdiction. The provisions of this subsection shall expire on July 1, 2027, unless the legislature reviews and reenacts such provisions in accordance with K.S.A. 45-229 , and amendments thereto, prior to July 1, 2027.

(c)Upon receipt of such notification, the state fire marshal shall investigate the alleged violation as soon as practicable, and to the extent determined appropriate by the state fire marshal, determine if such violation or danger exists and may issue such orders as the state fire marshal deems necessary to avoid danger to the public during such investigation. If the state fire marshal determines that there are no reasonable grounds to believe that a violation or danger exists, the state fire marshal shall notify in writing the person who submitted the request for investigation and the owner of the elevator or the owner's agent of such determination. If the state fire marshal determines that a violation or danger exists, the state fire marshal shall revoke the certificate of operation for such elevator, issue such orders as the state fire marshal deems necessary to address the violation or danger or take such other actions as provided by this act to address the violation or danger.