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Kansas Administrative Regulations. Agency 9. Kansas Animal Health Department. Article 22. Animal Pounds and Shelters.



Country of Origin: United States - Kansas

Agency of Origin: Kansas Animal Health Department

National Citation: Kan. Admin. Code 9-22-1 - 5

KS ADC 9-22-1 - 5


Last checked by Web Center Staff: 06/2013


Summary:   This set of regulations establishes standards for the housing, care, and maintenance of animals in shelters, pounds, rescues, and foster homes. It also includes record keeping requirements for operators of those facilities.
Material in Full:

 

9-22-1 Animal pounds and shelters.

9-22-2 Animal health and husbandry standards.

9-22-3 Records.

9-22-4 Foster homes.

9-22-5 Group homes and rescue homes.


 


9-22-1 Animal pounds and shelters.

(a) Structures.

(1) Each animal pound and shelter shall:

(A) Be constructed of material that will provide for the establishment of a sound structure;

(B) be maintained in good repair; and

(C) protect animals housed inside from injury.

(2) Water and electrical power shall be available in each animal pound and shelter.

(3) Space shall be supplied in each animal pound and shelter to store the provisions necessary to adequately operate each such unit.

(b) Operational procedures.

(1) Removal and disposal of animal, and all other food wastes, bedding, dead animals, and debris shall be done on a regular basis and at reasonable intervals. The disposal of these waste materials shall comply with federal, state and local laws and regulations relating to pollution control.

(2) The temperature for each pound and shelter shall be regulated by heating and cooling to sufficiently protect each animal housed inside from extremes of temperatures. Temperatures shall not be allowed to fall below or rise above ranges which would cause discomfort or health hazards to any animal.

(3) Ventilation for a pound and shelter shall be provided at all times by natural or mechanical means. Each animal pound and shelter facility shall be operated to provide fresh air by means of windows, doors, vents, fans or air conditioning. Ventilation shall be established to minimize drafts, odors and moisture condensation.

(4) Each animal pound and shelter shall be provided with uniformly distributed lighting. Lighting shall be in an amount sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination.

(5) Each animal pound and shelter shall be provided with a drainage system which will effectively eliminate excess water from the research animal pound and shelter unit. If drains are used, they shall be constructed in such a manner to avoid all foul odors and any backup of sewage. Drainage systems shall comply with federal, state and local laws and regulations relating to pollution control.

(c) Pens.

(1) Each animal pound and shelter shall be constructed to prevent the overheating and discomfort of any animal. Shade shall be supplied either by natural or artificial means. Each animal pound and shelter shall be constructed of acceptable materials and maintained in strict sanitary condition.

(2) Each animal pound and shelter shall be constructed and maintained so as to provide sufficient space for each animal housed and to permit normal postural and social adjustments, with freedom of movement for each animal.

(Authorized by and implementing K.S.A. 1990 Supp. 47-1712, as amended by L. 1991, Ch. 152, Sec. 32, effective, T-9-10-22-91, Oct. 22, 1991; effective Feb. 10, 1992.)

 

9-22-2 Animal health and husbandry standards.

(a) Animal food shall be wholesome, palatable, free from contamination and of nutritional value sufficient to maintain each animal in good health.

(b) Food receptacles shall be in sufficient number, of adequate size and so located as to enable each animal in the enclosure to be supplied with an adequate amount of food. Food receptacles shall be kept clean and sanitary.

(c) Excreta shall be removed from each enclosure as often as necessary:

(1) to prevent contamination of the animals contained therein;

(2) to prevent disease hazards; and

(3) to reduce odors. Cages, rooms and pens which contain any animal having any infectious or transmissible disease shall be washed each day, and after each occupancy, with hot water and detergent. Effective disinfectant shall be applied as an incident of each washing.

(d) An effective program for the control of insects, ectoparasites and other pests shall be provided and maintained.

(e) A program for disease prevention, parasite control, euthanasia and adequate veterinary care shall be provided and maintained under the supervision of a veterinarian. Each animal shall be observed each day by the person in charge of the animal pound and shelter or by someone working under their direct supervision.

(f) Each animal shall be handled in a manner which will not cause discomfort, stress or physical harm to that animal.

(g) Water and food shall be provided to each animal at least once during each 24 hour period. Any animal with the nutritional need or disease condition shall be fed more frequently.

(Authorized by and implementing K.S.A. 1990 Supp. 47-1712, as amended by L. 1991, Ch. 152, Sec. 32; effective, T-9-10-22-91, Oct. 22, 1991; effective Feb. 10, 1992.)

 

9-22-3 Records.

Each operator of an animal pound and shelter shall keep and maintain records for each animal purchased, acquired, held, transported, sold, or otherwise disposed of The records shall include the following:

(a) The name and address of the person from whom each animal was acquired.

(b) The date each animal was acquired.

(c) A description of each animal showing age, size, color marking, sex, breed and any vaccinational information available. Records shall also include any other significant identification for each animal including any official tag number or tattoo.

(d) The name and address of the person to whom any animal is sold, given, bartered or to whom otherwise delivered. The record shall show the method of disposition.

(Authorized by and implementing K.S.A. 1990 Supp. 47-1712, as amended by L. 1991, Ch. 152, Sec. 32; effective, T-9-10-22-91, Oct. 22, 1991; effective Feb. 10, 1992.)

 

9-22-4 Foster homes.

(a) Definitions.

(1) “Act” means the Kansas pet animal act, K.S.A. 47-1701 et seq. and amendments thereto.

(2) “Adult animal” means a dog or cat that is four months of age or older.

(3) “Animal” means a dog or cat, as defined by K.S.A. 47-1701, and amendments thereto.

(4) “Foster home shelter” means a type of shelter consisting of the premises of an individual who provides temporary care for one or more animals owned by a shelter that is licensed by the state of Kansas.

(5) “Foster home shelter licensee” means the individual to whom a foster home shelter license is issued.

(6) “Group home shelter,” “manager,” and “rescue home shelter” shall have the meanings set out in K.A.R. 9-22-5.

(7) “Shelter” means an animal pound or shelter as defined in K.S.A. 47-1701(g), and amendments thereto. For purposes of this regulation, the term “shelter” shall include “group home shelter” and “rescue home shelter,” as defined in K.A.R. 9-22-5.

(8) “Temporary care” means the care and housing of an individual animal for 365 days or less during the calendar year, except as provided by subsections (i) and (j).

(b)(1) Application forms for a foster home shelter license shall be provided by the commissioner at the request of a licensed shelter. Each shelter wishing to use foster home shelters shall provide the application to each individual it approves as a foster home shelter. Both the sponsoring shelter and the foster home shelter license applicant shall sign the completed foster home shelter license application. The completed foster home shelter license application shall be submitted to the commissioner with the foster home shelter license fee established by K.A.R. 9-18-1.

(2) No animal shall be placed by the sponsoring shelter in a foster home shelter until the commissioner has issued the foster home shelter license.

(c) Any foster home shelter licensee may house animals for more than one shelter if the following conditions are met:

(1) A separate foster home shelter license application has been jointly signed by the applicant and the sponsoring shelter and has been submitted to the commissioner.

(2) The commissioner has issued a separate foster home shelter license on behalf of each sponsoring shelter.

(d) Each sponsoring shelter using a foster home shelter shall develop a plan of veterinary care to be followed by the foster home shelter caretaker. The plan of veterinary care shall be recorded on the form specified in K.S.A. 47-1701(dd)(1)(A), and amendments thereto. This plan shall include the name of the licensed veterinarian the foster home shelter caretaker must contact in case of injury or illness and the name of the party responsible for the payment of treatment and office call charges. The foster home shelter caretaker shall notify the sponsoring shelter of any animal receiving veterinary care within 24 hours of treatment. A copy of the plan of veterinary care shall be filed annually with the commissioner.

(e) A foster home shelter licensee shall not directly accept stray animals or any animal relinquished by its owner. Any foster home shelter applicant or licensee wishing to accept stray animals or animals relinquished by their owners shall apply for and receive a shelter license before accepting these animals. Except as provided in K.A.R. 9-22-5, each sponsoring shelter shall have a physical facility for the intake of stray and relinquished animals and the housing of stray animals. Each manager of a group home shelter shall be responsible for the intake of all animals in the care of the group home shelter. No stray animal may be placed with a foster home shelter until the applicable requirements of K.S.A. 47-1710, and amendments thereto, have been met.

(f)(1) A foster home shelter licensee shall not at any time maintain or house on the premises more than 19 adult animals as defined in subsection (a). These limitations shall include the following:

(A) Any adult animal that is a personal pet of the foster home shelter caretaker; and

(B) any adult animal owned by any other individual or entity and maintained, housed, or harbored on the premises.

(2) If it appears that more than 19 adult animals will be housed on the premises for any reason, the foster home shelter licensee shall immediately apply for a shelter license and shall not accept any adult animals in excess of that limit before receiving the shelter license.

(g) A foster home shelter licensee shall not house intact dogs or cats six months of age or older unless spaying or neutering is contraindicated by a licensed veterinarian. If a veterinarian recommends that the animal should not be altered, the foster home shelter licensee shall obtain a copy of a written opinion by the veterinarian as to why the animal cannot be spayed or neutered and an estimated time of when, if ever, the animal may be altered. A copy of the written opinion shall be kept by both the foster home shelter licensee and the sponsoring shelter.

(h) The sponsoring shelter shall process all documentation for each adoption and all spay and neuter deposits required by K.S.A. 47-1731, and amendments thereto. Each intact dog, cat, puppy, or kitten shall be adopted directly from the facility of the sponsoring shelter or, in the case of a group home shelter, from the premises of the manager or a licensed shelter. Any altered dog, cat, puppy, or kitten may be adopted directly from the foster home shelter only after all final adoption paperwork has been processed through the sponsoring shelter.

(i) Each animal placed with a foster home shelter shall be evaluated every 180 days by the sponsoring shelter to determine whether it should be returned to the shelter or should remain in the care of the foster home shelter. The records of both the sponsoring shelter and the foster home shelter shall reflect the date on which the animal was evaluated, the reason for the animal to remain in a foster home shelter, and the name of the person at the sponsoring shelter who made the decision.

(j) An animal shall not remain in the care of one or more foster home shelters for more than 12 months without written permission from the commissioner. Any sponsoring shelter wishing to maintain an animal in the care of its foster home shelters beyond 12 months shall send a written request to the commissioner stating the reasons for the request.

(k) In addition to meeting the provisions of this regulation, each foster home shelter licensee shall comply with the statutory provisions of the act and with K.A.R. 9-22-1 through K.A.R. 9-22-3. All records shall be kept on a form provided by the commissioner.

(l) Foster home shelter licenses shall not be transferable.

(Authorized by K.S.A. 47-1712 and 47-1731; implementing K.S.A. 47-1701, 47-1704, 47-1710, 47-1712, and 47-1731; effective, T-9-5-31-01, May 31, 2001; effective, T-9-9-27-01, Sept. 27, 2001; effective May 30, 2003; amended, T-9-7-1-03, July 1, 2003; amended Sept. 19, 2003.)

 

9-22-5 Group homes and rescue homes.

(a) Definitions. As used in this regulation, the following terms shall be defined as follows:

(1) “Act” means the Kansas pet animal act.

(2) “Adult animal” means a dog or cat that is four months of age or older.

(3) “Animal” means a dog or cat, as defined in K.S.A. 47-1701, and amendments thereto.

(4) “Foster home shelter” and “foster home shelter licensee” shall have the meanings set out in K.A.R. 9-22-4. Except as expressly provided in this regulation, each foster home shelter licensee shall comply with the requirements of K.A.R. 9-22-4.

(5) “Group home shelter” means a type of shelter consisting of two or more foster home shelters that meet all of the following conditions:

(A) The foster home shelter licensees have joined together to house and provide temporary care for one or more animals for the purpose of finding permanent adoptive homes.

(B) The foster home shelters are not sponsored by a licensed shelter that maintains a central facility for keeping animals.

(C) The group home shelter has designated a manager who carries out the duties of a sponsoring shelter.

(6) “Licensee” means the individual, group of individuals, or entity to whom a group home shelter or rescue home shelter license is issued.

(7) “Manager” means the person designated by a group home shelter to be responsible for the following functions:

(A) Approving the membership of each foster home shelter in the group home shelter;

(B) carrying out the duties of the sponsoring shelter under K.A.R. 9-22-4, including the intake of all animals in the care of the group home shelter;

(C) maintaining on that person's premises all documentation required by K.A.R. 9-22-4 and K.A.R. 9-22-5, including records pertaining to the adoption, placement, or other disposition of each animal receiving temporary care from the group home shelter; and

(D) ensuring compliance with this regulation and K.A.R. 9-22-4 by each foster home shelter belonging to the group home shelter.

(8) “Rescue home shelter” means a type of shelter consisting of the premises of an individual or corporation who meets all of the following criteria:

(A) Provides care and housing for a specific type of purebred dog or cat; and

(B) is an affiliate or agent of a national purebred organization or is a corporation registered to do business in the state of Kansas with a focus on the specific type of purebred that will receive care and housing in the rescue home shelter.

(9) “Shelter” means an animal pound or shelter as defined in K.S.A. 47-1701(g), and amendments thereto.

(10) “Temporary care” means care and housing of an individual animal for 365 days or less during the calendar year, except as provided by K.A.R. 9-22-4(i) and (j).

(b) Applications and licensure.

(1) Group home shelters. An application form for a group home shelter license shall be provided by the commissioner at the request of the proposed manager. The completed application and the license fee, as established by K.A.R. 9-18-1, shall be submitted to the commissioner. Once a group home shelter license has been issued by the commissioner, applications for foster home shelters approved for membership in the group home shelter shall be processed in accordance with the application and licensing requirements in K.A.R. 9-22-4 for foster home shelters. No animal shall be placed with the group home shelter until the commissioner has issued licenses for both the group home shelter and the foster home shelter that will provide temporary care.

(2) Rescue home shelters.

(A) Each individual who wishes to be licensed to operate a rescue home shelter shall submit the rescue home shelter license fee established by K.A.R. 9-18-1 and an application on a form provided by the commissioner, along with one of the following:

(i) A letter or other documentation from the national organization accepting that individual as a rescue home shelter; or

(ii) documentation that the rescue home shelter is a corporation registered to do business in the state of Kansas with a focus on the specific type of purebred that will receive care and housing in the rescue home shelter.

(B) No animal shall be placed in a rescue home shelter until the commissioner has issued a license for the rescue home shelter.

(C) If an applicant wishes to serve as a rescue home shelter for more than one type of purebred dog or cat, the applicant shall list on the application each type of purebred to be served and, for each type, shall submit the documentation as required under paragraph (b)(2)(A)(i) or (ii).

(c) General provisions for licensees.

(1)(A) Except as provided in paragraph (c)(1)(B) below, each animal in the care of a licensee, other than the personal pets of the licensee, shall have been relinquished by an owner, transferred from another licensee, or transferred from a shelter licensed in Kansas. Each manager of a group home shelter shall be responsible for the intake of all animals in the group home shelter. Each licensee obtaining a dog or cat from a veterinarian shall adopt the animal and comply with the requirements of K.S.A. 47-1731, and amendments thereto, as veterinarians are not subject to licensing by the commissioner.

(B) No stray dog, cat, puppy, or kitten may be placed with a licensee until the requirements of K.S.A. 47-1710, and amendments thereto, have been met by a licensed shelter. If a licensee wishes to accept stray dogs, cats, puppies, or kittens, the licensee first shall apply for and receive a shelter license.

(2)(A) Any rescue home shelter wishing to maintain or house more than 19 adult animals at any time shall apply for and receive a shelter license before accepting more than 19 adult animals. The limit of 19 adult animals shall include the following:

(i) Any adult animal that is a personal pet of the rescue home shelter caretaker; and

(ii) any adult animal owned by any other individual or entity and maintained, housed, or harbored by the licensee.

(B) Each foster home shelter belonging to a group home shelter shall be subject to the limitation on the number of animals in its care established by K.A.R. 9-22-4(f).

(3)(A) Each rescue home shelter licensee shall develop a plan of veterinary care to be followed by each animal caretaker for that rescue home shelter. The plan of veterinary care shall be recorded on the form specified in K.S.A. 47-1701(dd)(1)(A), and amendments thereto. This plan shall include the name of the veterinarian licensed in Kansas that the rescue home shelter will contact in case of injury or illness. A copy of the plan of veterinary care shall be filed annually with the commissioner by each rescue home shelter licensee.

(B) Each group home shelter licensee shall meet the requirements for a plan of veterinary care, as specified in K.A.R. 9-22-4.

(4)(A) Any licensee may offer animals in its custody for adoption and may transfer ownership in accordance with K.S.A. 47-1731, and amendments thereto.

(B) Each rescue home shelter licensee shall process all documentation for each adoption of an animal in the custody of the rescue home shelter and for all spay and neuter deposits required by K.S.A. 47-1731, and amendments thereto. A copy of each of these documents shall be kept at the rescue home shelter. Intact dogs, cats, puppies, or kittens shall be adopted only from the rescue home shelter or a licensed shelter.

(C) Each rescue home shelter sponsoring one or more foster home shelters and each group home shelter shall comply with the provisions of K.A.R. 9-22-4 regarding adoption and transfer of ownership of animals receiving temporary care in a foster home shelter.

(5) An animal shall not remain in the custody of a group home shelter or rescue home shelter for more than 12 months without written permission from the commissioner. Each licensee wishing to maintain an animal in its care beyond 12 months shall send a written request to the commissioner stating the reasons for the request.

(6) In addition to the provisions of this regulation, each licensee shall comply with the statutory provisions of the act and with K.A.R. 9-22-1 through K.A.R. 9-22-3. All records shall be kept on a form provided by the commissioner.

(7) Each licensee accepting animals from out of state shall comply with the importation and certificate of health requirements set out in K.A.R. 9-7-9, K.A.R. 9-7-9a, and K.A.R. 9-7-11. The original of each certificate of health shall be maintained with the files of the rescue home shelter or, for group home shelters, with the foster home shelter caring for the animal.

(8) Rescue home shelter and group home shelter licenses shall not be transferable.

(Authorized by K.S.A. 47-1712 and 47-1731; implementing K.S.A. 47-1701, 47-1704, 47-1710, 47-1712, and 47-1731; effective, T-9-5-31-01, May 31, 2001; effective, T-9-9-27-01, Sept. 27, 2001; effective May 30, 2003; amended, T-9-7-1-03, July 1, 2003; amended Sept. 19, 2003.)

 



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