General Assembly: 80 (2004 Regular GA) - Chapter 1125 - Arson and fire safety regulation


Published: 2004-05-03

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433 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1125

CH. 1125CH. 1125

CHAPTER 1125

ARSON AND FIRE SAFETY REGULATION

H.F. 2200

AN ACT relating to fire safety issues, including the establishment of a fire extinguishing sys- tem contractor certification program in the office of the state fire marshal, the promulga- tion of administrative rules by the state fire marshal, and arson and simulated explosive related criminal offenses, and providing for fees and penalties and for theAct’s applicabil- ity.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 100.1, Code Supplement 2003, is amended by adding the following new subsection: NEW SUBSECTION. 7. To administer the fire extinguishing system contractor certifica-

tion program established in chapter 100C.

Sec. 2. NEW SECTION. 100C.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. “Automatic dry-chemical extinguishing system” means a system supplying a powder

composed of small particles, usually of sodium bicarbonate, potassium bicarbonate, urea- potassium-based bicarbonate, potassium chloride, or monoammonium phosphate, with add- ed particulate material supplemented by special treatment to provide resistance to packing, resistance to moisture absorption, and the proper flow capabilities. 2. “Automatic fire extinguishing system”means a system of devices and equipment that au-

tomatically detects a fire and discharges an approved fire extinguishing agent onto or in the area of a fire and includes automatic sprinkler systems, carbondioxide extinguishing systems, deluge systems, automatic dry-chemical extinguishing systems, foam extinguishing systems, halogenated extinguishing systems, or other equivalent fire extinguishing technologies recog- nized by the fire extinguishing system contractors advisory board. 3. “Automatic sprinkler system” means an integrated fire protection sprinkler system usu-

ally activated by heat froma fire designed in accordancewith fire protection engineering stan- dards and includes a suitable water supply. The portion of the system above the ground is a networkof specially sizedorhydraulically designedpiping installed ina structureor area, gen- erally overhead, and to which automatic sprinklers are connected in a systematic pattern. 4. “Carbon dioxide extinguishing system” means a system supplying carbon dioxide from

apressurized vessel through fixed pipes and nozzles and includes amanual or automatic actu- ating mechanism. 5. “Deluge system” means a sprinkler system employing open sprinklers attached to a pip-

ing system connected to a water supply through a valve that is opened by the operation of a detection system installed in the same area as the sprinklers. 6. “Fire extinguishing system contractor” means a person engaging in or representing one-

self to the public as engaging in the activity or business of layout, installation, repair, alter- ation, addition, maintenance, or maintenance inspection of automatic fire extinguishing sys- tems in this state. 7. “Foam extinguishing system” means a special system discharging foammade from con-

centrates, either mechanically or chemically, over the area to be protected. 8. “Halogenated extinguishing system” means a fire extinguishing system using one or

more atomsof an element from thehalogen chemical series of fluorine, chlorine, bromine, and iodine. 9. “Maintenance inspection” means periodic inspection and certification completed by a

fire extinguishing system contractor. For purposes of this chapter, “maintenance inspection”

434LAWS OF THE EIGHTIETH G.A., 2004 SESSIONCH. 1125

does not include an inspection completed by a local building official, fire inspector, or insur- ance inspector, when acting in an official capacity. 10. “Responsible managing employee” means an owner, partner, officer, or manager em-

ployed full-time by a fire extinguishing system contractorwhohas any of the following qualifi- cations: a. Is certified by the national institute for certification in engineering technologies at a level

III in fire protection technology, automatic sprinkler system layout, or another recognized cer- tification in automatic sprinkler system layout recognized by rules adopted by the firemarshal pursuant to section 100C.7. b. Meets any other criteria established by rule under this chapter.

Sec. 3. NEW SECTION. 100C.2 CERTIFICATION — EMPLOYEES. 1. A person shall not act as a fire extinguishing system contractor without first obtaining a

fire extinguishing system contractor’s certificate pursuant to this chapter. 2. A responsiblemanaging employeemay act as a responsiblemanaging employee for only

one fire extinguishing system contractor at a time. The responsiblemanaging employee shall not be designated as the responsiblemanaging employee formore than two fire extinguishing system contractors in any twelve-month period. 3. An employee of a certified fire extinguishing system contractor working under the direc-

tion of a responsible managing employee is not required to obtain andmaintain an individual fire extinguishing system contractor’s certificate.

Sec. 4. NEW SECTION. 100C.3 APPLICATION — INFORMATION TO BE PROVIDED. 1. A fire extinguishing system contractor shall apply for a certificate on a form prescribed

by the state fire marshal. The application shall be accompanied by a fee in an amount pre- scribed by rule pursuant to section 100C.7 and shall include all of the following information: a. The name, address, and telephone number of the contractor, including all legal and ficti-

tious names. b. Proof of insurance coverage required by section 100C.4. c. The name and qualifications of the person designated as the contractor’s responsible

managing employee and of persons designated as alternate responsiblemanaging employees. d. Any other information deemed necessary by the state fire marshal. 2. Upon receipt of a completed application and prescribed fees, if the contractor meets all

requirements established by this chapter, the state fire marshal shall issue a certificate to the fire extinguishing system contractor within thirty days. 3. Certificates shall expire and be renewed as established by rule pursuant to section

100C.7. 4. Any change in the information provided in the application shall be promptly reported to

the state fire marshal. When the employment of a responsible managing employee is termi- nated, the fire extinguishing system contractor shall notify the state fire marshal within thirty days after termination.

Sec. 5. NEW SECTION. 100C.4 INSURANCE. A fire extinguishing system contractor shall maintain general and complete operations li-

ability insurance for the layout, installation, repair, alteration, addition, maintenance, and in- spection of automatic fire extinguishing systems in an amount determined by the state fire marshal by rule.

Sec. 6. NEW SECTION. 100C.5 SUSPENSION AND REVOCATION. 1. The state firemarshal shall suspendor revoke the certificate of any fire extinguishing sys-

tem contractorwho fails tomaintain compliancewith the conditions necessary to obtain a cer- tificate. A certificate may also be suspended or revoked if any of the following occur: a. The employment or relationship of a responsible managing employee with a fire extin-

guishing system contractor is terminated, unless the fire extinguishing system contractor has

435 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1125

included a qualified alternate on the application or an application designating a new responsi- blemanaging employee is filedwith the state firemarshal within sixmonths after the termina- tion. b. The contractor fails to comply with any provision of this chapter. c. The contractor fails to comply with any other applicable codes and ordinances. 2. If a certificate is suspended pursuant to this section, the certificate shall not be reinstated

until the condition or conditions which led to the suspension have been corrected. 3. The state firemarshal shall adopt rules pursuant to section 100C.7 for the acceptance and

processing of complaints against certificate holders, for procedures to suspend and revoke certificates, and for appeals of decisions to suspend or revoke certificates.

Sec. 7. NEW SECTION. 100C.6 APPLICABILITY. This chapter shall not be construed to do any of the following: 1. Relieve any person from payment of any local permit or building fee. 2. Limit the power of the state or a political subdivision of the state to regulate the quality

and character of work performed by fire extinguishing system contractors through a system of fees, permits, and inspections designed to ensure compliance with, and aid in the adminis- tration of, state and local building codes or to enforce other local laws for the protection of the public health and safety.

Sec. 8. NEW SECTION. 100C.7 ADMINISTRATION — RULES. The state fire marshal shall administer this chapter and, after consultation with the fire ex-

tinguishing system contractors advisory board, shall adopt rules pursuant to chapter 17A nec- essary for the administration and enforcement of this chapter.

Sec. 9. NEW SECTION. 100C.8 PENALTIES. 1. A person who violates any provision of this chapter is guilty of a simple misdemeanor. 2. The state firemarshalmay impose a civil penalty of up to five hundred dollars on any per-

son who violates any provision of this chapter for each day a violation continues. The state firemarshalmay adopt rules necessary to enforce and collect any penalties imposed pursuant to this chapter.

Sec. 10. NEW SECTION. 100C.9 DEPOSIT AND USE OF MONEYS COLLECTED. 1. All fees assessed pursuant to this chapter shall be retained as repayment receipts by the

division of fire protection in the department of public safety and such fees received shall be used exclusively to offset the costs of administering this chapter. 2. Notwithstanding section 8.33, fees collected by the division of fire protection that remain

unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

Sec. 11. NEW SECTION. 100C.10 FIRE EXTINGUISHING SYSTEM CONTRACTORS ADVISORY BOARD. 1. A fire extinguishing system contractors advisory board is established in the division of

fire protection of thedepartment of public safety and shall advise the state firemarshal onmat- ters pertaining to the application and certification of fire extinguishing system contractors pursuant to this chapter. 2. The board shall consist of seven votingmembers appointed by the commissioner of pub-

lic safety as follows: a. Two full-time fire officials of incorporated municipalities or counties. b. One full-time building official of an incorporated municipality or county. c. Two fire extinguishing system contractors, certified pursuant to this chapter, of which at

least one shall be a water-based fire sprinkler contractor. d. One professional engineer or architect licensed in the state.

436LAWS OF THE EIGHTIETH G.A., 2004 SESSIONCH. 1125

e. One representative of the general public. 3. The state firemarshal, or the state firemarshal’s designee, shall be a nonvoting ex officio

member of the board. 4. The commissioner shall initially appoint twomembers for two-year terms, twomembers

for four-year terms, and three members for six-year terms. Following the expiration of the terms of initially appointed members, each term thereafter shall be for a period of six years. No member shall serve more than two consecutive terms. 5. Four voting members of the advisory board shall constitute a quorum. A majority vote

of the board shall be required to conduct business.

Sec. 12. Section 101.5, Code 2003, is amended to read as follows: 101.5 PUBLICATION OF RULES. The rules shall be promulgated pursuant to chapter 17A, only after a public hearing at least

twenty days’ notice of the time and place of which is given by publication in a newspaper of general circulation throughout the state in the Iowa administrative bulletin and bymail to any personwhohas filed the person’s name and addresswith the state firemarshal for the purpose of receiving the notice.

Sec. 13. Section 712.1, Code 2003, is amended to read as follows: 712.1 ARSON DEFINED. 1. Causing a fire or explosion, or placing any burning or combustiblematerial, or any incen-

diary or explosive device ormaterial, in or near any propertywith the intent to destroy or dam- age such property, or with the knowledge that such property will probably be destroyed or damaged, is arson, whether or not any such property is actually destroyed or damaged. Pro- vided, that where a person who owns said property which the defendant intends to destroy or damage, orwhich the defendant knowingly endangers, consented to the defendant’s acts, and where no insurer has been exposed fraudulently to any risk, and where the act was done in such a way as not to unreasonably endanger the life or property of any other person the act shall not be arson. 2. Causing a fire or explosion that damages or destroys property while manufacturing or

attempting to manufacture a controlled substance in violation of section 124.401 is arson. Even if a person who owns property which the defendant intends to destroy or damage, or which the defendant knowingly endangers, consents to the defendant’s act, and even if an in- surer has not been exposed fraudulently to any risk, and even if the act was done in such away as not to unreasonably endanger the life or property of any person, the act constitutes arson.

Sec. 14. Section 712.2, Code 2003, is amended to read as follows: 712.2 ARSON IN THE FIRST DEGREE. Arson is arson in the first degree when the property which the defendant intends to destroy

or damage, or which the defendant knowingly endangers, is property in which the presence of one ormore persons can be reasonably anticipated in or near the property which is the sub- ject of the arson, or the arson results in the death of a fire fighter, whether paid or volunteer. Arson in the first degree is a class “B” felony.

Sec. 15. Section 712.3, Code 2003, is amended to read as follows: 712.3 ARSON IN THE SECOND DEGREE. Arson which is not arson in the first degree is arson in the second degree when the property

which the defendant intends to destroy or damage, or which the defendant knowingly endan- gers, which is the subject of the arson is a building or a structure, or real property of any kind, or standing crops, or is personal property the value of which exceeds five hundred dollars. Arson in the second degree is a class “C” felony.

Sec. 16. Section 712.6, Code 2003, is amended to read as follows: 712.6 POSSESSION OF EXPLOSIVE OR INCENDIARY MATERIALS OR DEVICES. 1. Any person who shall possess any incendiary or explosive device or material with the

437 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1126

intent to use such device ormaterial to commit any public offense shall be guilty of a class “C” felony. 2. Any person, with the intent to intimidate, annoy, or alarm another person, who places a

simulated explosive or simulated incendiary device in or near an occupied structure as defined in section 702.12, is guilty of a serious misdemeanor.

Sec. 17. APPLICABILITY DATE. The sections of this Act enacting sections 100C.1 through 100C.6, 100C.8, and 100C.9 shall not be applicable until July 1, 2005.

Approved May 3, 2004

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CH. 1126CH. 1126

CHAPTER 1126

LIQUEFIED PETROLEUM GAS SYSTEMS — LIABILITY FOR INJURIES OR DAMAGES

H.F. 2243

ANACT regarding user responsibility and liabilitywith respect to liquefied petroleumgas sys- tems.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 101.14 USER RESPONSIBILITY. 1. In any action or claim seeking damages for personal injuries or damage to property aris-

ing out of injuries or loss due to defects in a liquefied petroleum gas system, or arising out of the condition of any portion of that system, the negligence or other fault of the customer, own- er, or other person in possession of or making use of that system relating to the installation, modification, maintenance, or repair of the system or damage incurred to the system, shall be admissible in evidence and considered by the finder of fact if such conduct was a cause in fact of the accident or condition leading to the injuries or damages. 2. For purposes of this section, “liquefied petroleum gas system” means any container de-

signed to hold liquefied petroleum gas and attached valves, regulators, piping, appliances, controls on appliances, and venting of appliances.

Approved May 3, 2004