1. (a) As used in this section:

   1. (1) "Child care program" means a day care center, group day care home or day care home.
   2. (2) "Recreation center" means any building used by a political or taxing subdivision of this state, or by an agency thereof, for recreation programs which serve children who are 16 years of age or younger.
   3. (3) "School" means any building used by a unified school district or an accredited nonpublic school for student instruction or attendance of pupils enrolled in kindergarten or any of the grades 1 through 6.

2. (b) No license for a child care program for school age children shall be denied on the basis that the building does not meet requirements for licensure if the building:

   1. (1) Is a recreation center or school;
   2. (2) complies, during all hours of operation of the child care program, with the Kansas fire prevention code or a building code compliance with which is by law deemed to be compliance with the Kansas fire prevention code;
   3. (3) subject to subsection (c), complies, during all hours of operation of the child care program, with all local building code provisions that apply to recreation centers, if the building is a recreation center, or schools, if the building is a school; and
   4. (4) as a recreation center or school, is used by school age children and the same age children are cared for in the child care program.
3. (c) In the case of an inconsistency in standards with which a building is required to comply pursuant to subsections (b)(2) and (b)(3), the standards provided by subsection (b)(2) shall control.

L. 1992, ch. 125, § 1; July 1.