Text: HF00465 Text: HF00467 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 100.39, unnumbered paragraph 1, Code 1 2 1999, is amended to read as follows: 1 3 All buildings approved for construction after July 1, 1998, 1 4 that exceed four stories in height, or seventy-five feet above 1 5 grade, shall require the installation of an approved automatic 1 6 fire extinguishing system designed and installed in conformity 1 7 with rulespromulgatedadopted by the state fire marshal 1 8 pursuant to this chapter and chapter 100B. 1 9 Sec. 2. NEW SECTION. 100B.1 DEFINITIONS. 1 10 As used in this chapter unless the context otherwise 1 11 requires: 1 12 1. "Engineered fire extinguisher systems" means special 1 13 suppression systems individually designated in accordance with 1 14 nationally recognized fire protection design standards and 1 15 manufacturing guidelines. 1 16 2. "Fire detection and alarm systems" means a system or 1 17 portion of a combination system consisting of components and 1 18 circuits arranged to monitor and annunciate the status of fire 1 19 alarm or supervisory signal initiating devices and to initiate 1 20 appropriate response to those signals. 1 21 3. "Fire sprinkler system" means an assembly of 1 22 underground or overhead piping or conduits that conveys water 1 23 with or without other agents to dispersal openings or devices 1 24 to extinguish, control, or contain fire and to provide 1 25 protection from exposure to fire or the products of 1 26 combustion. 1 27 4. "Firm" means any person, partnership, corporation, or 1 28 association. 1 29 5. "Hydrostatic testing" means pressure testing by 1 30 hydrostatic methods. 1 31 6. "Portable fire extinguisher" means any portable device 1 32 that contains liquid, powder, or gases for suppressing or 1 33 extinguishing fires. 1 34 7. "Preengineered systems" means systems having 1 35 predetermined flow rates, nozzle pressures, and quantities of 2 1 agents. These systems shall have the specific pipe size, 2 2 maximum and minimum pipe lengths, flexible hose 2 3 specifications, number of fittings, and number and types of 2 4 nozzles prescribed by a testing laboratory. The hazards 2 5 protected by these systems are specifically limited as to type 2 6 and size by a testing laboratory based upon actual fire tests. 2 7 Limitations on hazards that can be protected by these systems 2 8 are contained in the manufacturer's installation manual, which 2 9 is referenced as part of the listing. 2 10 8. "Servicing" means inspecting, charging, filling, 2 11 maintaining, recharging, refilling, repairing, or testing an 2 12 extinguisher or system as defined in this chapter. 2 13 9. "Special agent fire suppression systems" means those 2 14 assemblies of piping, conduits, or containers that convey 2 15 liquid, powder, or gases to dispersal openings or devices 2 16 protecting one or more hazards by suppressing or extinguishing 2 17 fires, but shall not include fire protection sprinkler 2 18 systems. 2 19 Sec. 3. NEW SECTION. 100B.2 EXCEPTIONS. 2 20 The licensing provisions of this chapter shall not apply to 2 21 the following: 2 22 1. The filling or charging of a fire suppression agent, 2 23 including a portable fire extinguisher by the manufacturer 2 24 prior to its initial sale. 2 25 2. The servicing by industrial facilities and fire 2 26 departments of their own portable fire extinguishers by their 2 27 own personnel specially trained for such servicing. 2 28 3. A firm engaged in the retailing or wholesaling of 2 29 portable fire extinguishers that carry a label of approval or 2 30 listing of a testing laboratory approved by the state fire 2 31 marshal but not engaged in the installation or servicing of 2 32 such extinguishers. 2 33 4. Fire departments servicing portable fire extinguishers 2 34 intended for the exclusive use by that fire department when 2 35 the members of the fire department are trained in the proper 3 1 servicing of the fire extinguishers. 3 2 5. A firm that provides by contract that the installation 3 3 of a special agent fire suppression system, fire detection and 3 4 alarm system, or a fire sprinkler system shall be performed 3 5 under the supervision of and certified by a person licensed to 3 6 install and certify such systems and that the licensee assumes 3 7 full responsibility for the installation. 3 8 6. An Iowa registered professional engineer acting solely 3 9 in the engineer's professional capacity. 3 10 7. The installation and servicing of fire detection and 3 11 alarm systems in one-family or two-family dwellings. 3 12 8. A firm performing only hydrostatic testing of fire 3 13 extinguishers manufactured in accordance with the 3 14 specifications and procedures of the United States department 3 15 of transportation when testing is conducted in accordance with 3 16 the procedures specified by that department for compressed gas 3 17 cylinders. 3 18 Sec. 4. NEW SECTION. 100B.3 ADMINISTRATION – RULES. 3 19 The state fire marshal shall administer this chapter and 3 20 may adopt rules and regulations the fire marshal considers 3 21 necessary to such administration pursuant to chapter 17A. In 3 22 formulating necessary rules and regulations, the fire marshal 3 23 may use recognized standards, including those of the national 3 24 fire protection association, those recognized by federal law 3 25 or regulation, those published by nationally recognized 3 26 standards-making organizations, or those contained in 3 27 manufacturers' installation manuals. 3 28 Sec. 5. NEW SECTION. 100B.4 REGISTRATION – LICENSING – 3 29 FEES. 3 30 1. Each firm engaged in the business of installing or 3 31 servicing portable fire extinguishers or planning, certifying, 3 32 installing, or servicing special agent fire suppression 3 33 systems, fire sprinkler systems, or fire detection and alarm 3 34 systems shall have a certificate of registration issued by the 3 35 state fire marshal. Each separate office location of a firm 4 1 engaged in the business of installing or servicing portable 4 2 fire extinguishers or planning, certifying, installing, or 4 3 servicing special agent fire suppression systems, fire 4 4 sprinkler systems, or fire detection and alarm systems, other 4 5 than the location identified on the certificate of 4 6 registration, shall have a branch office registration 4 7 certificate issued by the fire marshal. The fire marshal 4 8 shall identify each branch office location as a part of a 4 9 registered firm before a branch office registration 4 10 certificate may be issued. 4 11 2. Each employee of firms engaged in the business of 4 12 installing or servicing portable fire extinguishers, special 4 13 agent fire suppression systems, fire sprinkler systems, or 4 14 fire detection and alarm systems shall have a license issued 4 15 by the state fire marshal before engaging in any of the 4 16 following: 4 17 a. Servicing portable fire extinguishers. 4 18 b. Installing, servicing, or certifying preengineered 4 19 fixed fire extinguisher systems. 4 20 c. Planning, supervising, or certifying the installation 4 21 of special agent fire suppression systems other than 4 22 preengineered systems or the servicing of such systems or fire 4 23 sprinkler systems. 4 24 d. Planning, certifying, installing, or servicing fire 4 25 detection and alarm systems or fire sprinkler systems. 4 26 3. Each person servicing portable fire extinguishers, 4 27 special agent fire suppression systems, fire sprinkler 4 28 systems, or fire detection and alarm systems as an apprentice 4 29 shall, before servicing any portable fire extinguisher, 4 30 special agent fire suppression system, fire sprinkler system, 4 31 or fire detection and alarm system, apply to the state fire 4 32 marshal for a permit. The fire marshal shall establish the 4 33 qualifications of an applicant by rule. 4 34 4. The state fire marshal shall prescribe the fees to be 4 35 charged pursuant to this section by rule. 5 1 Sec. 6. NEW SECTION. 100B.5 REQUIRED INSURANCE. 5 2 1. The state fire marshal shall not issue a certificate of 5 3 registration pursuant to this chapter unless the applicant 5 4 files with the fire marshal proof of a policy of public 5 5 liability insurance conditioned to pay on behalf of the 5 6 insured those sums that the insured becomes legally obligated 5 7 to pay as damages because of bodily injury or property damage 5 8 caused by an occurrence involving the insured or the insured's 5 9 servant, officer, agent, or employee in the conduct of any 5 10 business registered or licensed under this chapter. 5 11 2. The limits of insurance coverage required by this 5 12 section shall not be less than one million dollars for bodily 5 13 injury and property damage for each occurrence and not less 5 14 than one million dollars aggregate for all occurrences, unless 5 15 the state fire marshal increases or decreases the limits 5 16 pursuant to section 100B.8. 5 17 3. The evidence of insurance required by this section 5 18 shall be in the form of a certificate of insurance executed by 5 19 an insurer authorized to do business in this state and 5 20 countersigned by an agent licensed in this state. Insurance 5 21 certificates executed and filed with the fire marshal pursuant 5 22 to this section shall remain in force until the insurer has 5 23 terminated future liability by the notice required by the fire 5 24 marshal. 5 25 4. Failure to maintain the liability insurance required by 5 26 this section constitutes grounds for the denial, suspension, 5 27 or revocation of a certificate of registration issued pursuant 5 28 to this chapter after notice and opportunity for hearing. 5 29 Sec. 7. NEW SECTION. 100B.6 SELLING OR LEASING OF 5 30 PORTABLE FIRE EXTINGUISHERS, SPECIAL AGENT FIRE SUPPRESSION 5 31 SYSTEMS, FIRE DETECTION AND ALARM SYSTEMS, OR FIRE SPRINKLER 5 32 SYSTEMS. 5 33 1. A portable fire extinguisher, special agent fire 5 34 suppression system, fire sprinkler system, fire detection and 5 35 alarm system, or extinguisher equipment shall not be leased, 6 1 sold, rented, or installed in this state unless it carries a 6 2 label or listing acceptable to the state fire marshal and the 6 3 registration number of any firm servicing that equipment. 6 4 2. Except for a person not subject to this chapter as 6 5 provided in section 100B.2, only the holder of a valid license 6 6 or apprentice permit issued pursuant to this chapter shall 6 7 service or maintain portable fire extinguishers or install and 6 8 maintain special agent fire suppression systems, fire 6 9 sprinkler systems, or fire detection and alarm systems. 6 10 3. A person who has been issued a license pursuant to this 6 11 chapter to service portable fire extinguishers or install and 6 12 service special agent fire suppression systems, fire sprinkler 6 13 systems, or fire detection and alarm systems shall be an 6 14 employee or agent of a firm that holds a certificate of 6 15 registration issued pursuant to this chapter. 6 16 4. A certificate of registration, license, or permit 6 17 issued pursuant to this chapter shall not be transferable. 6 18 Sec. 8. NEW SECTION. 100B.7 APPLICATIONS AND HEARINGS ON 6 19 LICENSES, PERMITS, AND CERTIFICATES. 6 20 1. a. Applications and qualifications for licenses, 6 21 permits, and certificates issued under this chapter shall be 6 22 made pursuant to rules adopted by the state fire marshal 6 23 pursuant to chapter 17A. At a minimum, each employee engaged 6 24 in the servicing, installing, or certifying of portable fire 6 25 extinguishers shall complete a prescribed training course 6 26 approved by the fire marshal and shall pass a written 6 27 examination formulated or approved by the fire marshal. 6 28 b. A firm which engineers or designs special agent fire 6 29 suppression systems or fire sprinkler systems shall employ at 6 30 least one individual certified, at a minimum as level III by 6 31 the national institute for the certification of engineering 6 32 technicians. 6 33 c. At least one individual employed by a firm certified in 6 34 the planning and installation of engineered fire extinguisher 6 35 systems or fire sprinkler systems shall be certified to have 7 1 completed all or a designated number of modules necessary to 7 2 become certified at level III in the category of automatic 7 3 sprinkler system layout, special hazard system layout, or fire 7 4 alarm systems by the national institute for certification in 7 5 engineering technologies. At least one individual employed by 7 6 a firm certified in the planning and installation of fire 7 7 detection and alarm systems shall be certified to have 7 8 completed all or a designated number of modules necessary to 7 9 become certified at level III in the category of protection 7 10 and fire alarm systems by the national institute for the 7 11 certification in engineering technologies. 7 12 2. The state fire marshal is authorized to conduct 7 13 hearings or proceedings concerning the suspension, revocation, 7 14 or refusal of the issuance or renewal of licenses, permits, 7 15 hydrostatic testing certificates, and certificates of 7 16 registration, issued pursuant to this chapter or the 7 17 application to suspend, revoke, refuse to renew, or refuse to 7 18 issue the same. 7 19 3. An applicant, registrant, licensee, or permit holder 7 20 whose certificate of registration, license, or permit has been 7 21 refused or revoked pursuant to this chapter, except for 7 22 failure to pass a required written examination, shall not file 7 23 another application for a certificate of registration, 7 24 license, or permit within one year from the effective date of 7 25 the refusal or revocation. After one year from that date, the 7 26 applicant may reapply and in a public hearing show good cause 7 27 why the issuance of a certificate of registration, license, or 7 28 permit is not against the public safety and welfare. 7 29 4. A person whose license to service portable fire 7 30 extinguishers or to install or service special agent fire 7 31 suppression systems or fire sprinkler system, has been revoked 7 32 shall retake and pass the required written examination before 7 33 a new license may be issued. 7 34 5. An unexpired license or registration may be renewed by 7 35 paying the required renewal fee to the state fire marshal 8 1 before the expiration date of the license or registration. If 8 2 a license or registration has been expired for not longer than 8 3 ninety days, the license or registration may be renewed by 8 4 paying the required renewal fee and a fee that is one-half of 8 5 the original fee for the license or registration to the fire 8 6 marshal. If a license or registration has been expired for 8 7 more than ninety days but less than two years, the license or 8 8 registration may be renewed by paying all unpaid renewal fees 8 9 and a fee that is equal to the original fee for the license or 8 10 registration to the fire marshal. If a license or 8 11 registration has been expired for two years or longer, the 8 12 license or registration shall not be renewed; however, a new 8 13 license or certificate of registration may be obtained by 8 14 complying with the requirements and procedures for obtaining 8 15 an original license or registration. At least thirty days 8 16 before the expiration of a license or registration, the fire 8 17 marshal shall send written notice of the impending license or 8 18 registration expiration to the licensee or registrant at the 8 19 licensee's or registrant's last known address. This 8 20 subsection shall not be construed to prevent the fire marshal 8 21 from denying or refusing to renew a license under applicable 8 22 law or rules. 8 23 6. The state fire marshal by rule may adopt a system under 8 24 which certificates of registration, licenses, and permits 8 25 expire on various dates during the year. For the year in 8 26 which the expiration date of the certificate of registration, 8 27 license, or permit is less than one year from its issuance or 8 28 anniversary date, the fee shall be prorated on a monthly basis 8 29 so that each registrant, licensee, or permittee shall pay only 8 30 that portion of the fee that is allocable to the number of 8 31 months during which the certificate of registration, license, 8 32 or permit is valid. On each subsequent renewal, the total 8 33 renewal fee shall be payable. 8 34 7. Not later than the thirtieth day after the day on which 8 35 a licensing examination is administered pursuant to this 9 1 chapter, the state fire marshal shall send notice to each 9 2 examinee of the results of the examination. If an examination 9 3 is conducted, graded, or reviewed by a testing service, the 9 4 fire marshal shall send notice to the examinees of the results 9 5 of the examination within two weeks after the date on which 9 6 the fire marshal receives the results from the testing 9 7 service. If the notice of the examination results will be 9 8 delayed for longer than ninety days after the examination 9 9 date, the fire marshal shall send notice to the examinee of 9 10 the reason for the delay before the ninetieth day. If 9 11 requested in writing by a person who fails the licensing 9 12 examination administered pursuant to this chapter, the fire 9 13 marshal shall send to the person an analysis of the person's 9 14 performance on the examination. 9 15 8. The state fire marshal may waive any requirement to 9 16 obtain a new license for an applicant with a valid license 9 17 from another state having license requirements substantially 9 18 equivalent to those of this state. However, the applicant, at 9 19 a minimum, shall register with the state fire marshal. 9 20 Sec. 9. NEW SECTION. 100B.8 POWERS AND DUTIES OF STATE 9 21 FIRE MARSHAL. 9 22 The state fire marshal shall: 9 23 1. Adopt and administer such rules as may be determined 9 24 essentially necessary for the protection and preservation of 9 25 life and property, in controlling the following: 9 26 a. The registration of firms engaging in the business of 9 27 servicing portable fire extinguishers or planning, certifying, 9 28 installing, or servicing special agent fire suppression 9 29 systems, fire sprinkler systems, or fire detection and alarm 9 30 systems. 9 31 b. The registration of firms engaged in the business of 9 32 hydrostatic testing of fire extinguisher cylinders. 9 33 c. The examination of persons applying for a license. 9 34 d. The licensing of persons to service portable fire 9 35 extinguishers and to plan, certify, install, or service 10 1 special agent fire suppression systems, fire sprinkler 10 2 systems, or fire detection and alarm systems. 10 3 e. The requirements for the servicing of portable fire 10 4 extinguishers and the planning, certifying, installing, or 10 5 servicing of special agent fire suppression systems, fire 10 6 sprinkler systems, or fire detection and alarm systems. 10 7 2. Evaluate the qualifications of firms or individuals for 10 8 a certificate of registration to engage in the business of 10 9 servicing portable fire extinguishers or planning, certifying, 10 10 installing, or servicing special agent fire suppression 10 11 systems, fire sprinkler systems, or fire detection and alarm 10 12 systems. 10 13 3. Conduct or approve examinations to ascertain the 10 14 qualifications and fitness of applicants for a license to 10 15 service portable fire extinguishers or to plan, certify, 10 16 install, or service special agent fire suppression systems, 10 17 fire sprinkler systems, or fire detection and alarm systems. 10 18 4. Issue certificates of registration for those firms that 10 19 qualify under the rules to engage in the business of servicing 10 20 portable fire extinguishers or planning, certifying, 10 21 installing, or servicing special agent fire suppression 10 22 systems, fire sprinkler systems, or fire detection and alarm 10 23 systems, and issue licenses, permits, and authorizations to 10 24 perform hydrostatic testing to the firms or individuals who 10 25 qualify. 10 26 5. Have authority, after notice and opportunity for 10 27 hearing, to increase or decrease the limits of insurance 10 28 coverage and authorize acceptance of surplus lines coverage if 10 29 the state fire marshal determines that due to loss experience, 10 30 market conditions, or other good reason the liability 10 31 insurance coverage required by section 100B.5 is unavailable 10 32 to applicants for or holders of certificates of registration. 10 33 Sec. 10. NEW SECTION. 100B.9 PROHIBITED ACTS. 10 34 A person or firm shall not do any of the following: 10 35 1. Engage in the business of servicing portable fire 11 1 extinguishers without a valid certificate of registration. 11 2 2. Engage in the business of planning, certifying, 11 3 installing, or servicing special agent fire suppression 11 4 systems, fire sprinkler systems, or fire detection and alarm 11 5 systems without a valid certificate of registration. 11 6 3. Service portable fire extinguishers or plan, certify, 11 7 service, or install special agent fire suppression systems, 11 8 fire sprinkler systems, or fire detection and alarm systems 11 9 without a valid license. 11 10 4. Perform hydrostatic testing of fire extinguisher 11 11 cylinders manufactured in accordance with the specifications 11 12 and requirements of the United States department of 11 13 transportation without a valid hydrostatic testing certificate 11 14 of registration. 11 15 5. Obtain or attempt to obtain a certificate of 11 16 registration by fraudulent representation. 11 17 6. Service portable fire extinguishers or plan, certify, 11 18 service, or install special agent fire suppression systems, 11 19 fire sprinkler systems, or fire detection and alarm systems 11 20 contrary to the provisions of this chapter or the rules 11 21 adopted pursuant to this chapter. 11 22 7. Service or hydrostatically test a fire extinguisher 11 23 that does not have the proper identifying labels. 11 24 8. Sell, service, or recharge a carbon tetrachloride fire 11 25 extinguisher. 11 26 9. Fail to comply with the requirements of section 100B.6, 11 27 subsection 1. 11 28 Sec. 11. NEW SECTION. 100B.10 PENALTIES. 11 29 1. The state fire marshal may refuse the issuance or 11 30 renewal of, suspend, or revoke a certificate of registration, 11 31 license, or permit if, after notice and hearing, the fire 11 32 marshal finds that the applicant, registrant, licensee, or 11 33 permit holder has violated this chapter. 11 34 2. Criminal penalty. A person who knowingly or 11 35 intentionally commits any act prohibited by section 100B.9 is 12 1 guilty of a simple misdemeanor. 12 2 3. Civil penalties. 12 3 a. If the state fire marshal, or designee, finds that one 12 4 or more grounds exist for the suspension or revocation of a 12 5 certificate of registration, license, or permit issued 12 6 pursuant to this chapter, the fire marshal may, in lieu of 12 7 suspension or revocation, impose a civil penalty upon the 12 8 offender in an amount not to exceed one thousand dollars for 12 9 each violation. The imposition of such civil penalties and 12 10 appeals thereof shall be governed by chapter 17A. 12 11 b. The state fire marshal may impose a civil penalty of 12 12 not more than one thousand dollars for each violation if, 12 13 after notice and hearing, a person or firm is found to have 12 14 engaged in any activity for which a license, permit, or 12 15 certificate of registration is required by this chapter, 12 16 without having obtained such license, permit, or certificate 12 17 from the state fire marshal. 12 18 Sec. 12. NEW SECTION. 100B.11 INJUNCTION. 12 19 1. In addition to the actions and penalties otherwise 12 20 provided for by this chapter, the state fire marshal may cause 12 21 to issue in any court of competent jurisdiction an injunction 12 22 without bond enjoining any person from violating or continuing 12 23 to violate the provisions of this chapter. 12 24 2. In the suit for an injunction, the state fire marshal 12 25 may demand of the defendant a penalty of fifty dollars per day 12 26 for each violation, reasonable attorney fees, and the costs of 12 27 court. 12 28 3. The judgment for penalty, attorney fees, and court 12 29 costs may be rendered in the same judgment in which the 12 30 injunction is made. 12 31 EXPLANATION 12 32 This bill provides for the regulation of the leasing, 12 33 renting, selling, and servicing of portable fire extinguishers 12 34 and the planning, certifying, installing, or servicing of 12 35 special agent fire suppression systems, fire sprinkler 13 1 systems, and fire detection and alarm systems, and prohibits 13 2 the use of portable fire extinguishers, special agent fire 13 3 suppression systems, fire sprinkler systems, fire detection 13 4 and alarm systems, and extinguisher equipment which are not 13 5 properly labeled in accordance with the rules adopted by the 13 6 state fire marshal. The state fire marshal is given the 13 7 authority to adopt rules and administer the provisions of this 13 8 new Code chapter. 13 9 New Code section 100B.2 excepts certain categories of firms 13 10 and employees from the requirements of the new Code chapter. 13 11 New Code section 100B.4 provides for the registration of 13 12 firms and licensure of employees involved with fire control 13 13 systems. The section provides that fees shall be set by the 13 14 fire marshal by rule. 13 15 New Code section 100B.5 establishes minimum insurance 13 16 requirements for firms seeking a certificate of registration. 13 17 New Code section 100B.6 requires the labeling of fire 13 18 extinguishers and requires, except for some exceptions, 13 19 licensed persons to install, service, and maintain them. 13 20 New Code section 100B.7 establishes certain certification 13 21 requirements for key personnel of firms seeking registration 13 22 under this new Code chapter. In addition, the section 13 23 establishes renewal of license and registration procedures and 13 24 provides for the examination of certain persons seeking a 13 25 license. 13 26 New Code section 100B.8 establishes the specific powers and 13 27 duties of the state fire marshal as related to the 13 28 administration of the new Code chapter. The section grants 13 29 the fire marshal explicit authority to modify the insurance 13 30 requirements otherwise provided for in the new Code chapter. 13 31 New Code section 100B.9 establishes what acts are 13 32 prohibited by the new chapter. New Code section 100B.10 13 33 prescribes applicable penalties concerning the new Code 13 34 chapter. This section authorizes the revocation of a 13 35 registration or license. In addition, a person who knowingly 14 1 or intentionally commits any of the acts specifically 14 2 prohibited in new Code section 100B.9 commits a simple 14 3 misdemeanor. In addition, new Code section 100B.10 provides 14 4 for the imposition of civil penalties. New Code section 14 5 100B.11 gives the state fire marshal the authority to seek an 14 6 injunction against any person enjoining the person from 14 7 violating or continuing to violate the requirements of this 14 8 new Code chapter. 14 9 LSB 1063HH 78 14 10 ec/sc/14.2
Text: HF00465 Text: HF00467 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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