---

Session of 1999
          SENATE BILL No. 391           By Joint Committee on State Building Construction           12-17          

---

  9             AN  ACT concerning state buildings and facilities; capital improvement
10             projects; building code interpretations and variances; amending K.S.A.
11             75-3783 and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 75-3783 is hereby amended to read as follows: 75-
15       3783. (a) In addition to other powers and duties, and with the advice of
16       the state building advisory commission, the secretary of administration
17       shall:
18             (1) Collect and maintain current data on construction costs, including
19       materials and labor, and the current and forecasted economic status and
20       activity of the construction industry in the state;
21             (2) establish criteria and procedures to evaluate the qualifications and
22       performance of contractors providing any architectural services, as de-
23       fined in subsection (c) of K.S.A. 75-1251, and amendments thereto, en-
24       gineering services, as defined in subsection (b) of K.S.A. 75-5802, and
25       amendments thereto, and construction services for capital improvement
26       projects for the construction of buildings or for major repairs or improve-
27       ments to buildings for state agencies; and gather information on and eval-
28       uate the past and present performance of all such contractors on similar
29       public and private projects;
30             (3) issue a written order, personally signed by the secretary, to the
31       contractor stopping the progress of the work upon any project whenever
32       the secretary determines that the work does not comply with contract
33       documents; and
34             (4) develop and adopt standards, with the advice and assistance of
35       the director of architectural services, for the inspection and acceptance
36       of projects for the construction of buildings and major repairs and im-
37       provements to buildings for state agencies and for the qualifications of
38       inspection personnel employed by state agencies.
39             (b) With the advice of the state building advisory commission, the
40       secretary of administration may develop and adopt rules and regulations
41       in accordance with the provisions of K.S.A. 77-415 et seq., and amend-
42       ments thereto, establishing standards for planning, design and construc-
43       tion of buildings and major repairs and improvements to buildings for

2
  1       state agencies, which standards shall include energy conservation
  2       standards.
  3             (c) Upon the request of the director of architectural services or the
  4       chief administrative officer of a state agency, the secretary of administra-
  5       tion may interpret building code requirements for a state building or
  6       facility and may approve variances from such requirements when deemed
  7       by the secretary to be in the best interests of the state. The director of
  8       architectural services shall provide advice and assistance to the secretary
  9       of administration regarding such building code interpretations and vari-
10       ances. Each such variance which relates to fire safety or the provisions of
11       the Kansas fire prevention code is subject to approval by the state fire
12       marshal. Upon approval by the state fire marshal, the building for which
13       a variance has been approved under this subsection shall be deemed to
14       comply with the Kansas fire prevention code with respect to such
15       variance. 
16       Sec.  2. K.S.A. 75-3783 is hereby repealed.
17        Sec.  3. This act shall take effect and be in force from and after its
18       publication in the statute book.