Kansas Administrative Regulations
Agency 4 - DEPARTMENT OF AGRICULTURE
Article 27 - LODGING ESTABLISHMENTS
Section 4-27-3 - Licensure; plans and specifications; variances
Universal Citation: KS Admin Regs 4-27-3
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Each person applying for a license to operate a lodging establishment shall submit the following to the secretary:
(1) A completed application and the required
application and license fees; and
(2) if required by subsection (b), the plans
and specifications of the lodging establishment.
(b) The plans and specifications shall be submitted before any of the following:
(1) The
construction of a lodging establishment;
(2) the conversion of an existing structure
for use as a lodging establishment;
(3) the major renovation of a lodging
establishment;
(4) the addition or
major renovation of a swimming pool, hot tub, recreational water facility, or
spa; or
(5) the addition or change
of a food service operation within a lodging establishment.
(c) Each plan and specification for a lodging establishment shall demonstrate conformance with the applicable requirements of these regulations and shall include the following:
(1) The proposed layout, mechanical
schematics, construction materials, and completion schedules;
(2) the equipment layout, construction
materials, and completion schedules for any food preparation and service area;
and
(3) the equipment layout and
completion schedules for each swimming pool, hot tub, RWF, and spa.
(d) A variance may be granted by the secretary to modify or waive one or more requirements of a regulation if the secretary determines that a health hazard, safety hazard, or nuisance will not result from the variance.
(1) Each person
requesting a variance shall submit the following to the department:
(A) A written statement of the proposed
variance of the regulatory requirement;
(B) documentation of how the proposed
variance addresses public health hazards and guest safety at the same level of
protection as that of the original requirement; and
(C) any other relevant information if
required by the secretary.
(2) For each variance granted, the licensee
shall meet the following requirements:
(A)
Follow the plans and procedures approved by the secretary;
(B) maintain a permanent record of the
variance at the lodging establishment; and
(C) maintain and provide to the secretary,
upon request, records that demonstrate that the variance is being
followed.
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