HOUSE BILL No. 2367
An Act concerning state capital improvement projects; relating to inspections of such
projects; amending K.S.A. 75-1262 and 75-3741c and repealing the existing sections.
Section 1. K.S.A. 75-1262 is hereby amended to read as follows: 75-
1262. (a) In performing the construction administration services de-
scribed in K.S.A. 75-1260, and amendments thereto, the project architect,
or, if there is no project architect, the secretary of administration or the
agency architect as provided in K.S.A. 75-1254, and amendments thereto,
shall have primary responsibility for inspection of the project. The state
agency for which the project is being constructed may perform and the
secretary of administration shall perform periodic inspection of the con-
struction project. In no case shall such inspections by the state agency or
the secretary of administration relieve the project architect of any part of
its authority or responsibility to perform all construction administration
services as described in K.S.A. 75-1260, and amendments thereto.
(b) When the project architect or, if there is no project architect, the
secretary of administration or the agency architect as provided in K.S.A.
75-1254, and amendments thereto, determines that a project has been
satisfactorily completed, such project architect, secretary or agency ar-
chitect shall certify that determination to the state agency for which the
project was completed and to the secretary of administration. The final
inspection of the project shall be conducted jointly by the project archi-
tect, if there is one, the state agency and the secretary of administration.
(c) The results of such final inspection shall be reported to the sec-
retary of administration. Upon determining that the project has been
satisfactorily completed, based on the recommendations of the project
architect, if there is one, and the state agency and on other information,
the secretary of administration shall officially accept the project as satis-
factorily complete and thereby authorize the state agency for which the
project was completed to occupy and make use of the project. No state
agency shall occupy or make use of any building or portion thereof which
has been constructed, or any areas of a building which were repaired or
improved, until the project therefor has been officially accepted as pro-
vided in this section, except that an agency may occupy all or any area of
any such building for which the contractor has agreed in writing to com-
plete and correct all work for the project in accordance with the contract
documents within a time specified after the date of such occupancy.
(d) Within nine months after official acceptance of a project, the state
agency for which the project was completed and the secretary of admin-
istration shall conduct a full inspection of the completed project and shall
promptly notify the appropriate contractor of any claims resulting there-
(e) In performing the inspection services pursuant to this section, the
secretary of administration, with the concurrence of the state agency that
owns the property, may use inspection services of the city, township,
county or other political subdivision in which the project is located, in
accordance with K.S.A. 75-3741c, and amendments thereto.
Sec. 2. K.S.A. 75-3741c is hereby amended to read as follows: 75-
3741c. (a) No state capital improvement project for the construction,
reconstruction, remodeling, improvement, repair or maintenance of any
building or facility for use by one or more state agencies, shall be subject
to any building permit requirement or building code of any county, town-
ship, district, city or other political subdivision of this state or fees charged
therefor. No project shall be subject to any inspection requirement or
any requirement to obtain any permit, license or other instrument of
approval for the project which is imposed by any city, township, district,
city or other political subdivision of this state, except that such project
shall be subject to reasonable inspections for the sole purpose of allowing
members of the police and fire departments and other public emergency
services personnel to become familiar with the project. As used in this
section ``building code'' means any building code and includes any plumb-
ing code, electrical wiring code, gas piping code or similar code. This act
shall apply to all capital improvement projects in existence prior to the
effective date of this act and to those commenced on or after the effective
(b) Notwithstanding the provisions of subsection (a), the secretary of
administration, with the concurrence of the state agency that owns the
property, may request that the city, township, county or other political
subdivision in which a state capital improvement project is located pro-
vide code review or inspection services required by this section or K.S.A.
75-1262, and amendments thereto. The city, township, county or other
political subdivision shall be compensated for such services from funds
appropriated for the project or available therefor. The amount of such
compensation shall be based on the fee schedule established by the city,
county, township or other political subdivisions.
(b) (c) State capital improvement projects shall be exempt from the
payment of fees relating to local zoning ordinances and resolutions, but
the state shall reimburse a political subdivision for any related publication
expenses incurred by the political subdivision.
Sec. 3. K.S.A. 75-1262 and 75-3741c are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.
Approved April 16, 2002.
Published in the Kansas Register April 24, 2002.
Date Composed: 10/29/2003 Date Modified: 10/29/2003