HF 428 (LSB 2055YH (4) 85)

HOUSE FILE 428

BY  THOMAS, OURTH, RUFF, and ANDERSON

A BILL FOR

An Act requiring the state building code commissioner to adopt standards and requirements for window fall prevention devices for windows installed in certain multifamily dwellings, hotels, and motels, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  103A.8D  Window safety standards.
   1.
  a.  The commissioner, after consulting with and receiving recommendations from the state fire marshal, shall adopt as part of the state building code standards and requirements for window fall prevention devices for windows installed in newly constructed multifamily dwellings, hotels, and motels and for windows installed as a part of any additions, renovations, or repairs to existing multifamily dwellings, hotels, and motels for which a permit, license, certificate, or similar document is required.
   b.  The provisions of this section relating to multifamily dwellings shall only apply to construction, additions, renovations, or repairs of multifamily dwellings that are paid for in whole or in part with moneys from the state or a governmental subdivision of the state.
   2.
  a.  The provisions of the state building code adopted pursuant to this section shall require the installation of window fall prevention devices on all windows described in subsection 1 that are one story in height or more above grade, are less than thirty-six inches above floor level, and can be opened wider than four inches.
   b.
  (1)  The provisions of the state building code shall require that the standards adopted for windows located seventy-five feet or less above grade be consistent with the requirements for window fall prevention devices as provided in the American society for testing and materials’ most recent specification for window fall prevention devices with emergency escape release mechanisms.
   (2)  The provisions of the state building code shall require that the standards adopted for windows located more than seventy-five feet above grade be consistent with the requirements for window fall prevention devices as provided in the American society for testing and materials’ most recent specification for window fall prevention devices for nonemergency escape and rescue windows.

   3.  The provisions of the state building code adopted pursuant to this section shall apply to new construction or additions, renovations, or repairs, that are permitted, licensed, certified, or otherwise approved on or after July 1, 2013.
    Sec. 2.  Section 103A.10, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Notwithstanding any other provision of this chapter to the contrary, the requirements for window fall prevention device standards adopted by the commissioner pursuant to section 103A.8D shall apply to construction, additions, renovations, and repairs permitted, licensed, certified, or otherwise approved on or after July 1, 2013, and shall supersede and replace any minimum requirements or standards for window fall prevention devices adopted or enacted by the governmental subdivision prior to that date for applicable new construction, additions, renovations, or repairs.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill requires the state building code commissioner to adopt as part of the state building code window fall prevention device standards and requirements for windows installed in certain multifamily dwellings, hotels, and motels.
   The state building code commissioner is required to consult with the state fire marshal in the adoption of window fall prevention device standards and requirements. The standards and requirements shall apply to windows installed in all newly constructed multifamily dwellings that are paid for in whole or in part with state or local government funds, hotels, and motels and to windows installed as a part of any additions, renovations, or repairs to such an existing building for which a permit, license, certificate, or similar document is required.
   The standards and requirements shall apply to all such windows that are one story in height or more above grade, are less than 36 inches above floor level, and can be opened wider than four inches. The standards and requirements adopted for windows located 75 feet or less above grade must be consistent with the requirements for window fall prevention devices with emergency escape release mechanisms as provided in the American society for testing and materials’ most recent specification (currently, ASTM F2090-10). The standards and requirements adopted for windows located more than 75 feet above grade must be consistent with the requirements for window fall prevention devices for nonemergency escape and rescue windows as provided in the American society for testing and materials’ most recent specification (currently, ASTM F2006-10).
   The standards and requirements shall apply to new construction or additions, renovations, and repairs permitted, licensed, certified, or otherwise approved on or after July 1, 2013, and shall supersede and replace any minimum requirements for window fall prevention devices for multifamily dwellings, hotels, and motels adopted or enacted by a governmental subdivision prior to that date.
   Pursuant to Code section 103A.21, any person served with an order to remedy any condition in violation of the state building code, who fails to comply with the order within a certain time shall be guilty of a simple misdemeanor. Also pursuant to Code section 103A.21, certain individuals who knowingly violate any of the applicable provisions of the state building code shall also be guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   The bill takes effect upon enactment.