LAWS OF 1915, CH. 272, AS AMENDED BY LAWS OF 1917, CH. 171. AN ACT providing for public safety by regulating the storage, handling and disposition of dynamite, giant powder, nitroglycerine, gun cotton and other detonating explosives, providing penalties for violation of this act, and repealing all acts in conflict herewith. § 198. Record of sale, etc., of explosives to be kept; what record shall contain; record to be signed by person, etc., receiving such explosives; record to be preserved for one year; record open to inspection of certain officers; act not to apply to black or blasting and gun powder. Any person, firm or corporation, in this state, who shall sell, give away or otherwise dispose of, any dynamite, giant powder, nitroglycerine, gun cotton or other detonating explosive, shall keep a record, in a substantially bound book, which record shall set forth the kind and amount of explosives delivered, the time of delivery, the uses and purposes for which same are delivered and the place at which it is to be used, and said record shall not be deemed complete until the person, firm or corporation so receiving said explosives, and to whom delivery is made, shall acknowledge, in writing, the receipt thereof by signing said record, in good legible handwriting; which said record and the book in which it is kept and contained, shall be safely preserved by the person, firm or corporation so disposing of said explosives as aforesaid for a period of not less than one year from the date of the said receipt, and said record shall be open for the inspection of any police or peace officer mine inspector or fire marshal of this state at all reasonable hours: Provided, That this act shall not include what is commonly known as black or blasting and gun powder. [G. S. 1915, § 3813.] § 199. Explosives not to be sold, given away, etc., to intoxicated or irresponsible person; negligent handling or exposing of explosives. No person, firm or corporation shall at any time, under any conditions, sell, licensed so to do, sell or issue, to any workman under him, such an amount of explosives, or ingredients, as may be required by that workman in the performance of his duties, and the workman may purchase or accept the explosives, or ingredients, so sold or issued, but the person so selling or issuing same shall see that any unused explosives, or ingredients, are returned, and that no explosives, or ingredients, are taken by the workman to any point not necessary to the carrying on of his duties." (Sec. 9.) "That from and after forty days after the passage and approval of this act every person authorized to sell, issue, or dispose of explosives shall keep a complete itemized and accurate record, showing each person to whom explosives are sold, given, bartered, or to whom or how otherwise disposed of, and the quantity and kind of explosives, and the date of each such sale, gift, barter, or other disposition, and this record shall be sworn to and furnished to the Director of the Bureau of Mines, or his authorized representatives whenever requested." The act provides for the issuance of the following licenses, among others, by the Director of the Bureau of Mines: "(c) Purchaser's license, authorizing the purchase and possession of explosives and ingredients. (d) Foreman's license, authorizing the purchase and possession of explosives and ingredients, and the sale and issuance of explosives and ingredients to workmen under the proviso to section five above.' Licenses are to be issued only to "citizens of the United States of America, and to the subjects or citiens of nations that are at peace with them, and to corporations, firms, and associations thereof." License may be refused to any person or firm, etc., when there is reason to believe that such person or the controlling members of such firm, etc., are disloyal to the United States of America. Licenses may be revoked for the like reason. Person to whom license is refused or whose license is revoked may apply to the Council of National Defense. "That any person desiring to manufacture, sell, export, import, store, or purchase explosives or ingredients, or to keep explosives or ingredients in his possession, shall make application for a license, which application shall state, under oath, the name of the applicant; the place of birth; whether native born or naturalized citizen of the United States give away or otherwise dispose of any of the explosives named above in the preceding section, to any intoxicated or irresponsible person, nor shall any person, firm or corporation carelessly or negligently handle or expose any of said explosives at any time. [G. S. 1915, § 3814.] § 200. Having explosives in possession without having executed receipt deemed violation of act in like manner as disposing of same without taking receipt and making record. Any person, firm or corporation who shall be found in the possession or control of any explosive mentioned above, without having executed the receipt heretofore provided for, shall be deemed to have violated this act in like manner as the person, firm or corporation who shall sell or dispose of same without taking the receipt and making the record as stated above. [G. S. 1915, § 3815.] § 201. Location of magazines or storage houses in which explosives shall be kept for sale or storage; quantity of explosives; storing of nitroglycerine. No person, firm or corporation shall keep any explosives heretofore named in section one of this act, on hand, for sale, or storage, other than in a suitable magazine or storage house, which magazine or storage house shall be not closer than 50 feet to any inhabited building when the total amount of said explosives does not exceed 50 pounds; and when the supply exceeds fifty pounds but does not exceed one hundred pounds the distance shall be not less than 225 feet; when the supply exceeds one hundred pounds but does not exceed 200 pounds the distance shall not be less than 240 feet; when the supply exceeds 200 pounds but does not exceed 300 pounds the distance shall be not less than 250 feet; and when the supply exceeds 300 pounds but does not exceed 1000 pounds the dis of America; if a naturalized citizen, the date and place of naturalization; business in which engaged; the amount and kind of explosives or ingredients which during the past six months have been purchased, disposed of, or used by him; the amount and kind of explosives or ingredients now on hand; whether sales, if any, have been made to jobbers, wholesalers, retailers, or consumers; the kind of license to be issued, and the kind and amount of explosives or ingredients to be authorized by the license; and such further information as the Director of the Bureau of Mines may, by rule, from time to time require. "Applications for vendor's, purchaser's, or foreman's licenses shall be made to such officers of the state, territory, or dependency having jurisdiction in the district within which the explosives or ingredients are to be sold or used, and having the power to administer oaths as may be designated by the Director of the Bureau of Mines, who shall issue the same in the name of such director. Such officers shall be entitled to receive from the applicant a fee of 25 cents for each license issued." The President is authorized to appoint an explosives inspector in each state. It is made unlawful for any person to represent himself as having a license when he has not, or as having a different license than he in fact has. (Sec. 16.) "That every person authorized under this act to manufacture or store explosives or ingredients shall clearly mark and define the premises on which his plant or magazine may be and shall conspicuously display thereon the words "Explosive-Keep Off." (Sec. 17.) "That no person, without the consent of the owner or his authorized agents, except peace officers, the Director of the Bureau of Mines and persons designated by him in writing, shall be in or upon any plant or premises on which explosives are manufactured or stored, or be in or upon any magazine premises on which explosives are stored; nor shall any person discharge any firearms or throw or place any explosives or inflammable bombs at, on, or against any such plant or magazine premises, or cause the same to be done." (Sec. 18.) "That the Director of the Bureau of Mines is hereby authorized to make rules and regulations for carrying into effect this act, subject to the approval of the Secretary of the Interior." (Sec. 19.) "That any person violating any of the provisions of this act, or any rules or regulations made thereunder, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment not more than one year, or by both such fine and imprisonment." The act further provides for the investigation of all explosions and fires, and for the prosecution of persons responsible therefor. It also provides for coöperation with the several states, etc. tance shall be not less than 300 feet; and when the supply exceeds 1000 pounds the distance shall not be less than 325 feet: Provided, That nitroglycerine in any quantity shall be stored in a suitable magazine or storehouse situated not closer than 1000 feet to any inhabited building or public road, so constructed that such explosive kept therein shall be at least two feet below the surface of the surrounding ground. [G. S. 1915, § 3816, as amended by Laws 1917, ch. 171, § 1; March 28.] Dynamite stored in violation of city ordinance; proximate cause of death of fireman on duty at building. Pinson v. Young, 100 K. 452. § 202. Explosives mentioned in this act shall not be carried concealed or partly concealed about the person. No person having in his possession any of the explosives mentioned in this act shall carry the same in a wholly or partially concealed manner on or about his person. [G. S. 1915, § 3817.] § 203. Penalties for violating preceding sections. Any person, firm or corporation violating any of the provisions of this act shall be adjudged guilty of a misdemeanor and shall be punished, if an individual, by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail of the county in which the conviction is made, for a term not less than 30 days nor more than one year, and if a corporation by a fine of not less than $25 nor more than $500, and the costs of the prosecution shall follow in each case. [G. S. 1915, § 3818.] § 204. Repeal of acts in conflict herewith. All acts and parts of acts in conflict herewith are hereby repealed. [G. S. 1915, § 3819.] CHAPTER 18.-FIRE PROTECTION. $205. Buildings on which fire-escapes shall be provided; number, location, material and construction of escapes subject to authority having control of fire regulations in city or town; judgment of fire marshal or chief of fire department and state superintendent of inspection; buildings having cement walls, etc., and fire-proof roofs; elevators or warehouses; disputed matters to be submitted to state superintendent of inspection; decision final. 206. Duty of proprietor, custodian, etc., to post notices designating places where fire-escapes are located and may be found. 207. Public halls, lodge halls, lyceums, theaters, etc., to be provided with stairways, hallways, etc.; regulations concerning doors, exits, aisles, seats, etc. 208. Unlawful to operate theater, picture show, etc., without proper system of ventilation; require $211. Proprietor, lessee or manager of building to keep chemical fireextinguisher or extinguishers on each floor of building; substitution of stand-pipe and hose; both may be required. 212. Duty of chief of fire department or 213. Duty of chief of fire department to 215. Complaint to factory inspector of 217. Penalty for violation of act or fail- 218. Repeal of Laws of 1909, ch. 149, and acts in conflict herewith. LAWS OF 1911, CH. 197, AS AMENDED BY LAWS OF 1915, CH. 273. AN ACT to provide for better protection of the health and safety of people who assemble in public halls, public houses of entertainment, theaters and places of amusement, tenement houses, apartment houses, rooming houses, and other places, and regulating the same, and providing penalties for the violation thereof, and repealing chapter 149, Session Laws of 1909. § 205.⚫ Buildings on which fire-escapes shall be provided; number, location, material and construction of escapes subject to authority having control of fire regulations in city or town; judgment of fire marshal or chief of fire department and state superintendent of inspection; buildings having cement walls, etc., and fire-proof roofs; elevators or warehouses; disputed matters to be submitted to state superintendent of inspection; decision final. Every building now or hereafter used, in whole or in part, as a public building, public or private institution, business building, warehouse, grain elevator, office building, schoolhouse, church, theater, public hall, place of assemblage or place of public resort, lodge room, boarding, lodging, tenement-house, apartment-house or rooming-house, three or more stories in height, shall, within sixty days after the taking effect of this act, be provided with one or more metallic ladders or stair fire-escapes attached to the outside wall thereof, and extending from or suitably near the ground to the uppermost story thereof, with platforms of such shape and size and in such proximity to one or more windows of each story above the first as to render access to such ladders or stairs from each such story easy and safe; in all cases a metallic ladder, not less than eighteen inches between the sides, shall be made to extend from the topmost platform to at least three feet above the fire wall or roof; the number, location, material and construction of such escapes to be subject to the approval of the fire marshal, chief of the fire department, city or town marshal, or such other authority as may have the control of fire regulations in any city or town where such buildings are located: Provided, however, That all buildings more than two stories in height used for manufacturing purposes, dormitories, schools, seminaries, hospitals, offices or asylums, shall have at least one such fire-escape for every thirty persons or fraction thereof for which working, sleeping or living accommodations are provided above the second story of said building, if in the judgment of the fire marshal or chief of the fire department and the state superintendent of inspection, such number is necessary: Provided, That in the case of all buildings having cement walls, floors, stairways, partitions and fire-proof roofs, the fire chief or fire marshal shall designate and approve the number, kind, location, material and construction of fire-escapes if in his judgment the same are required, having due regard for the inflammability of the nature of contents of said building and the number of people employed or residing therein, or occupying same: Provided, however, That the provisions of this act shall not apply to elevators or warehouses used for the storing or handling of grain of less than fifty thousand bushels capacity, nor shall the provisions hereof apply to elevators or warehouses used for the storing or handling of grain made entirely from steel or concrete, or of steel and concrete construction. In all cases of dispute arising in the enforcement of the provisions of this chapter, the fire marshal or chief of the fire department may if in his judgment he deems it necessary refer such disputed matters arising in the enforcement of this chapter to the state superintendent of inspection, as provided in this act, whose decision in the matter shall be final. [G. S. 1915, § 4859.] State factory inspector is ex officio superintendent of inspection, see § 213, post. § 206. Duty of proprietor, custodian, etc., to post notices designating places where fire-escapes are located and may be found. It shall be the duty of every proprietor, custodian, superintendent or person or persons having the charge and control of such buildings mentioned in this chapter to post notices under the direction of the fire marshal or chief of the fire department in rooms and halls or in public and conspicuous places in such building, and designating the place on each and every floor of such building where such metallic ladders or fire-escapes are located and may be found. [G. S. 1915, § 4860.] § 207. Public halls, lodge halls, lyceums, theaters, etc., to be provided with stairways, hallways, etc.; regulations concerning doors, exits, aisles, seats, etc. All public halls, lodge halls, lyceums, theaters, opera-houses and all places of amusement which are thrown open to be used for the profits (by rentals or admission charges) of their owners or proprietors as a place of assemblage in the state of Kansas, shall be provided by the owner, manager or lessee with at least two stairways, hallways or means of egress, and all doors opening thereto shall not be less than three feet in width, and shall swing or open out of, not into, said public hall, lyceum, theater, opera-house or other place of amusement, and all exit doors in the building named in this section shall at all times be kept unlocked during a performance or entertainment within the building; over each exit doorway, and at the head of each stairway, there shall be placed a gas light, or an electric light, enclosed in a red glass box, or globe, with the words thereon, in large and distinct letters, "fire exit"; every such public hall, lodge hall, lyceum, theater, opera-house or place of amusement shall have at least two aisles or passage-ways, aisles having seats on both sides of same, shall be not less than three feet wide; aisles having seats on one side only, shall be not less than two feet and six inches wide; no seat shall have more than six seats intervening between it and an aisle, on either side; all seats in theaters and permanent places of amusement shall be securely fastened to floor; no stool or seat shall be placed in any aisle. [G. S. 1915, § 4861.] § 208. Unlawful to operate theater, picture show, etc., without proper system of ventilation; requirements. It shall be unlawful for the owner, proprietor, or lessee to operate any theater, picture show or place of amusement in any structure, room or place in the state of Kansas, which structure, room or place is capable of containing 50 or more persons unless the system of ventilation is capable of supplying at least thirty cubic feet of fresh air per minute for each person therein. [G. S. 1915, § 4862.] § 209. Certain buildings mentioned in preceding section to be provided with artificial means of ventilation; requirements; construction of booths for moving-picture machines; electric wiring. All such structures, rooms or places used for the purpose mentioned in section 4 of this act having less than 500 cubic feet of air space for each person and all rooms having less than 2000 cubic feet of air space for each person in which the outside window and door area, used for ventilation, is less than one-eighth of the floor area shall be provided with a draught fan or other artificial means of ventilation installed so as to force the stagnant air outward from said structure, room or place. In the end of the room opposite said fan, an inlet ventilator shall be provided of sufficient size to admit the required amount of fresh air as provided in section 4 of this act. All |