House File 2265
HOUSE FILE
BY HEDDENS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to establish a fire extinguishing system contractor
2 certification program in the office of the state fire marshal,
3 providing for fees and penalties, and making an appropriation.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5545YH 80
6 kk/sh/8
PAG LIN
1 1 Section 1. LEGISLATIVE FINDINGS. The general assembly
1 2 finds and declares that automatic fire extinguishing systems
1 3 that are properly installed and maintained have historically
1 4 proven to save lives and property. Building and fire codes
1 5 adopted at the state and local levels place significant
1 6 emphasis on the installation of automatic fire extinguishing
1 7 systems, creating a dire need to qualify the contractors that
1 8 install and maintain these systems. An improperly installed
1 9 or maintained automatic fire extinguishing system gives the
1 10 public a false sense of safety, and systems that are not
1 11 designed, installed, maintained, or repaired by professionally
1 12 qualified businesses may result in injuries or even death to
1 13 the citizens and inhabitants of Iowa. Requiring these
1 14 contractors to meet certain nationally recognized standards
1 15 and be certified by the office of the state fire marshal is
1 16 the most effective and consistent way of providing this needed
1 17 oversight. It is the intent of the general assembly that the
1 18 fire extinguishing system contractors advisory board
1 19 established in this Act assist the state fire marshal with the
1 20 promulgation of rules and procedures necessary to effectively
1 21 enforce Code chapter 100C created in this Act, and advise the
1 22 state fire marshal in all matters pertaining to automatic fire
1 23 extinguishing systems.
1 24 Sec. 2. Section 100.1, Code Supplement 2003, is amended by
1 25 adding the following new subsection:
1 26 NEW SUBSECTION. 7. To enforce the fire extinguishing
1 27 system contractor certification program established in chapter
1 28 100C.
1 29 Sec. 3. NEW SECTION. 100C.1 DEFINITIONS.
1 30 As used in this chapter, unless the context otherwise
1 31 requires:
1 32 1. "Automatic dry=chemical extinguishing system" means a
1 33 system supplying a powder composed of small particles, usually
1 34 of sodium bicarbonate, potassium bicarbonate, urea=potassium=
1 35 based bicarbonate, potassium chloride, or monoammonium
2 1 phosphate, with added particulate material supplemented by
2 2 special treatment to provide resistance to packing, resistance
2 3 to moisture absorption, and the proper flow capabilities.
2 4 2. "Automatic fire extinguishing system" means a system of
2 5 devices and equipment that automatically detects a fire and
2 6 discharges an approved fire extinguishing agent onto or in the
2 7 area of a fire and includes automatic sprinkler systems,
2 8 carbon dioxide extinguishing systems, deluge systems,
2 9 automatic dry=chemical extinguishing systems, foam
2 10 extinguishing systems, halogenated extinguishing systems, or
2 11 other equivalent fire extinguishing technologies recognized by
2 12 the fire extinguishing system contractors advisory board.
2 13 3. "Automatic sprinkler system" means an integrated fire
2 14 protection sprinkler system usually activated by heat from a
2 15 fire designed in accordance with fire protection engineering
2 16 standards and includes a suitable water supply. The portion
2 17 of the system above the ground is a network of specially sized
2 18 or hydraulically designed piping installed in a structure or
2 19 area, generally overhead, and to which automatic sprinklers
2 20 are connected in a systematic pattern.
2 21 4. "Carbon dioxide extinguishing system" means a system
2 22 supplying carbon dioxide from a pressurized vessel through
2 23 fixed pipes and nozzles and includes a manual or automatic
2 24 actuating mechanism.
2 25 5. "Deluge system" means a sprinkler system employing open
2 26 sprinklers attached to a piping system connected to a water
2 27 supply through a valve that is opened by the operation of a
2 28 detection system installed in the same area as the sprinklers.
2 29 6. "Fire extinguishing system contractor" means a person
2 30 engaging in or representing oneself to the public as engaging
2 31 in the activity or business of layout, installation, repair,
2 32 alteration, addition, maintenance, or maintenance inspection
2 33 of automatic fire extinguishing systems in this state.
2 34 7. "Foam extinguishing system" means a special system
2 35 discharging foam made from concentrates, either mechanically
3 1 or chemically, over the area to be protected.
3 2 8. "Halogenated extinguishing system" means a fire
3 3 extinguishing system using one or more atoms of an element
3 4 from the halogen chemical series of fluorine, chlorine,
3 5 bromine, and iodine.
3 6 9. "Maintenance inspection" means periodic inspection and
3 7 certification completed by a fire extinguishing system
3 8 contractor. For purposes of this chapter, "maintenance
3 9 inspection" does not include an inspection completed by a
3 10 local building official, fire inspector, or insurance
3 11 inspector, when acting in an official capacity.
3 12 10. "Responsible managing employee" means an owner,
3 13 partner, officer, or manager employed full=time by a fire
3 14 extinguishing system contractor who has any of the following
3 15 qualifications:
3 16 a. Is certified by the national institute for
3 17 certification in engineering technologies at a level III in
3 18 fire protection technology, automatic sprinkler system layout,
3 19 or another recognized certification in automatic sprinkler
3 20 system layout recognized by the fire extinguishing system
3 21 contractors advisory board.
3 22 b. Is a professional engineer registered in this state
3 23 having at least three years experience with automatic fire
3 24 extinguishing systems.
3 25 c. Meets any other criteria established by rule under this
3 26 chapter.
3 27 Sec. 4. NEW SECTION. 100C.2 CERTIFICATION == EMPLOYEES.
3 28 1. A person shall not act as a fire extinguishing system
3 29 contractor without first obtaining a fire extinguishing system
3 30 contractor's certificate pursuant to this chapter.
3 31 2. A responsible managing employee may act as a
3 32 responsible managing employee for only one fire extinguishing
3 33 system contractor at a time. The responsible managing
3 34 employee shall not be designated as the responsible managing
3 35 employee for more than two fire extinguishing system
4 1 contractors in any twelve=month period.
4 2 3. An employee of a certified fire extinguishing system
4 3 contractor working under the direction of a responsible
4 4 managing employee is not required to obtain and maintain an
4 5 individual fire extinguishing system contractor's certificate.
4 6 Sec. 5. NEW SECTION. 100C.4 APPLICATION == INFORMATION
4 7 TO BE PROVIDED.
4 8 1. A fire extinguishing system contractor shall apply for
4 9 a certificate on a form prescribed by the state fire marshal.
4 10 The application shall be accompanied by a fee in an amount
4 11 prescribed by rule and shall include all of the following
4 12 information:
4 13 a. The name, address, and telephone number of the
4 14 contractor, including all legal and fictitious names.
4 15 b. Proof of insurance coverage required by section 100C.5.
4 16 c. The name and qualifications of the person designated as
4 17 the contractor's responsible managing employee and of persons
4 18 designated as alternate responsible managing employees.
4 19 d. Any other information deemed necessary by the state
4 20 fire marshal.
4 21 2. Upon receipt of a completed application, if the
4 22 contractor meets all requirements established by this chapter,
4 23 the state fire marshal shall issue a certificate to the fire
4 24 extinguishing system contractor within thirty days.
4 25 3. Certificates shall expire and be renewed as established
4 26 by rule.
4 27 4. Any change in the information provided in the
4 28 application shall be promptly reported to the state fire
4 29 marshal. When the employment of a responsible managing
4 30 employee is terminated, the fire extinguishing system
4 31 contractor shall notify the state fire marshal within thirty
4 32 days after termination.
4 33 Sec. 6. NEW SECTION. 100C.5 INSURANCE.
4 34 A fire extinguishing system contractor shall maintain
4 35 general and complete operations liability insurance for the
5 1 layout, installation, repair, alteration, addition,
5 2 maintenance, and inspection of automatic fire extinguishing
5 3 systems in an amount determined by the state fire marshal by
5 4 rule.
5 5 Sec. 7. NEW SECTION. 100C.6 REVOCATION.
5 6 The state fire marshal shall revoke the certificate of any
5 7 fire extinguishing system contractor who fails to maintain
5 8 compliance with the conditions necessary to obtain a
5 9 certificate. A certificate may also be revoked if any of the
5 10 following occur:
5 11 1. The employment or relationship of a responsible
5 12 managing employee with a fire extinguishing system contractor
5 13 is terminated, unless the fire extinguishing system contractor
5 14 has included a qualified alternate on the application or an
5 15 application designating a new responsible managing employee is
5 16 filed with the state fire marshal within six months after the
5 17 termination.
5 18 2. The contractor fails to comply with any provision of
5 19 this chapter.
5 20 3. The contractor fails to comply with any other
5 21 applicable codes and ordinances.
5 22 Sec. 8. NEW SECTION. 100C.7 APPLICABILITY.
5 23 This chapter shall not be construed to do any of the
5 24 following:
5 25 1. Relieve any person from payment of any local permit or
5 26 building fee.
5 27 2. Limit the power of the state or a political subdivision
5 28 of the state to regulate the quality and character of work
5 29 performed by fire extinguishing system contractors through a
5 30 system of fees, permits, and inspections designed to ensure
5 31 compliance with, and aid in the administration of, state and
5 32 local building codes or to enforce other local laws for the
5 33 protection of the public health and safety.
5 34 Sec. 9. NEW SECTION. 100C.8 ADMINISTRATION == RULES.
5 35 The state fire marshal shall administer this chapter and
6 1 with the assistance of the fire extinguishing system
6 2 contractors advisory board shall adopt rules pursuant to
6 3 chapter 17A necessary for the administration and enforcement
6 4 of this chapter.
6 5 Sec. 10. NEW SECTION. 100C.9 PENALTIES.
6 6 1. A person who violates any provision of this chapter is
6 7 guilty of a simple misdemeanor.
6 8 2. The state fire marshal may impose a civil penalty of up
6 9 to five hundred dollars on any person who violates any
6 10 provision of this chapter for each day a violation continues.
6 11 The state fire marshal may adopt rules necessary to enforce
6 12 and collect any penalties imposed pursuant to this chapter.
6 13 Sec. 11. NEW SECTION. 100C.10 DEPOSIT AND USE OF MONEYS
6 14 COLLECTED.
6 15 All fees and penalties collected pursuant to this chapter
6 16 by the state fire marshal shall be deposited in the general
6 17 fund of the state and are appropriated to the office of the
6 18 state fire marshal for the purpose of administering this
6 19 chapter.
6 20 Sec. 12. NEW SECTION. 100C.11 FIRE EXTINGUISHING SYSTEM
6 21 CONTRACTORS ADVISORY BOARD.
6 22 1. A fire extinguishing system contractors advisory board
6 23 is established in the division of fire protection of the
6 24 department of public safety and shall advise the state fire
6 25 marshal on matters pertaining to the application and
6 26 certification of fire extinguishing system contractors
6 27 pursuant to this chapter.
6 28 2. The board shall consist of seven voting members
6 29 appointed by the commissioner of public safety as follows:
6 30 a. Two full=time fire officials of incorporated
6 31 municipalities or counties.
6 32 b. One full=time building official of an incorporated
6 33 municipality or county.
6 34 c. Two fire extinguishing system contractors, certified
6 35 pursuant to this chapter, of which at least one shall be a
7 1 water=based fire sprinkler contractor.
7 2 d. One professional engineer or architect licensed in the
7 3 state.
7 4 e. One representative of the general public.
7 5 3. The state fire marshal, or the state fire marshal's
7 6 designee, shall be a nonvoting ex officio member of the board.
7 7 4. The commissioner shall initially appoint two members
7 8 for two=year terms, two members for four=year terms, and three
7 9 members for six=year terms. Following the expiration of the
7 10 terms of initially appointed members, each term thereafter
7 11 shall be for a period of six years. No member shall serve
7 12 more than two consecutive terms.
7 13 5. Each voting member of the council shall receive per
7 14 diem compensation at the rate specified in section 7E.6 for
7 15 each day spent in the performance of the member's duties. All
7 16 members of the council shall receive actual and necessary
7 17 expenses incurred in the performance of their duties.
7 18 6. Four voting members of the advisory board shall
7 19 constitute a quorum. A majority vote of the board shall be
7 20 required to conduct business.
7 21 7. The board, with the assistance of the state fire
7 22 marshal, shall establish rules regarding the election of board
7 23 officers, the establishment of meeting dates and locations,
7 24 and any other procedural requirements necessary to maintain
7 25 the board.
7 26 EXPLANATION
7 27 This bill establishes a program within the office of the
7 28 state fire marshal in the division of fire protection of the
7 29 department of public safety for the certification of fire
7 30 extinguishing system contractors doing business in the state
7 31 of Iowa.
7 32 The bill requires all contractors who engage in or
7 33 represent themselves to the public as engaging in the business
7 34 of layout, installation, repair, or maintenance of automatic
7 35 fire extinguishing systems to be certified by the state fire
8 1 marshal. The bill defines various types of automatic fire
8 2 extinguishing systems. To receive a certificate, the
8 3 contractor must provide information regarding its business and
8 4 proof of liability insurance coverage. The contractor must
8 5 also designate a responsible managing employee who must have
8 6 certain qualifications in fire protection technology or be
8 7 otherwise qualified.
8 8 The bill provides for certificate revocation criteria,
8 9 applicability of the program's provisions to local or other
8 10 state powers regarding fire extinguishing system contractors,
8 11 the administration of the chapter by the state fire marshal,
8 12 general rulemaking authority of the state fire marshal, and
8 13 penalties in the form of a simple misdemeanor and civil
8 14 penalties. A simple misdemeanor is punishable by confinement
8 15 for no more than 30 days or a fine of at least $50 but not
8 16 more than $500 or by both. A civil penalty may be assessed up
8 17 to $500 per violation per day.
8 18 The bill directs that all fees and penalties collected
8 19 under the chapter be deposited in the general fund and
8 20 appropriates those funds to the office of the state fire
8 21 marshal for administration of the chapter.
8 22 The bill establishes a fire extinguishing system
8 23 contractors advisory board within the division of fire
8 24 protection for the purpose of advising the state fire marshal
8 25 on the administration of the program. The board consists of
8 26 seven voting members who represent city or county fire
8 27 officials, city or county building officials, fire
8 28 extinguishing system contractors, and either an engineer or
8 29 architect to be appointed by the commissioner of public safety
8 30 and serve six=year terms after the initial appointment period.
8 31 The state fire marshal or a designee shall serve as a
8 32 nonvoting member of the board. The board shall establish its
8 33 own procedures for meetings and elections of officers.
8 34 LSB 5545YH 80
8 35 kk/sh/8