Session Law

Identifying Information:L. 2003 ch. 092
Other Identifying Information:2003 House Bill 2367
Tax Type:Other
Brief Description:An Act concerning state capital improvement projects; relating to inspections of suchprojects; amending K.S.A. 75-1262 and 75-3741c and repealing the existing sections.
Keywords:


Body:

CHAPTER 92

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.


Be it enacted by the Legislature of the State of Kansas:

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-

from.

(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

date.

(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.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003