Text: HF00255 Text: HF00257 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 256 1 2 1 3 AN ACT 1 4 RELATING TO HEALTH CARE FACILITY REGULATION, INCLUDING 1 5 INFORMATION TO BE INCLUDED IN A NOTICE OF A DEFICIENCY AND 1 6 INCLUDING THE CONSULTATION OF THE DEPARTMENT OF INSPECTIONS 1 7 AND APPEALS AND THE STATE FIRE MARSHAL IN PROMULGATING RULES. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 135C.9, subsection 1, paragraph b, Code 1 12 2001, is amended to read as follows: 1 13 b. The facility has been inspected by the state fire 1 14 marshal or a deputy appointed by the fire marshal for that 1 15 purpose, who may be a member of a municipal fire department, 1 16 and the department has received either a certificate of 1 17 compliance or a provisional certificate of compliance by the 1 18 facility with the fire hazard and fire safety rules and 1 19 standards of the department as promulgated by the fire marshal 1 20 and, where applicable, the fire safety standards required for 1 21 participation in programs authorized by either Title XVIII or 1 22 Title XIX of the United States Social Security Act (42 U.S.C. 1 23 } 1395 to 1395ll and 1396 to 1396g). The certificate or 1 24 provisional certificate shall be signed by the fire marshal or 1 25 the fire marshal's deputy who made the inspection. If the 1 26 state fire marshal or a deputy finds a deficiency upon 1 27 inspection, the notice to the facility shall be provided in a 1 28 timely manner and shall specifically describe the nature of 1 29 the deficiency, identifying the Code section or subsection or 1 30 the rule or standard violated. The notice shall also specify 1 31 the time allowed for correction of the deficiency, at the end 1 32 of which time the fire marshal or a deputy shall perform a 1 33 follow-up inspection. 1 34 Sec. 2. Section 135C.9, subsection 2, Code 2001, is 1 35 amended to read as follows: 2 1 2. The rules and standards promulgated by the fire marshal 2 2 pursuant to subsection 1, paragraph "b" of this section shall 2 3 be substantially in keeping with the latest generally 2 4 recognized safety criteria for the facilities covered, of 2 5 which the applicable criteria recommended and published from 2 6 time to time by the national fire protection association shall 2 7 be prima facie evidence. The rules and standards promulgated 2 8 by the fire marshal shall be promulgated in consultation with 2 9 the department and shall, to the greatest extent possible, be 2 10 consistent with rules adopted by the department under this 2 11 chapter. 2 12 Sec. 3. Section 135C.14, unnumbered paragraph 1, Code 2 13 2001, is amended to read as follows: 2 14 The department shall, in accordance with chapter 17A, and 2 15 with the approval of the state board of health adopt and 2 16 enforce rules setting minimum standards for health care 2 17 facilities. In so doing, the department, with the approval of 2 18 the state board of health, may adopt by reference, with or 2 19 without amendment, nationally recognized standards and rules, 2 20 which shall be specified by title and edition, date of 2 21 publication, or similar information. The rules and standards 2 22 required by this section shall be formulated in consultation 2 23 with the director of human services or the director's 2 24 designee, with the state fire marshal, and with affected 2 25 industry, professional, and consumer groups, and shall be 2 26 designed to further the accomplishment of the purposes of this 2 27 chapter and shall relate to: 2 28 Sec. 4. Section 135C.14, subsection 1, Code 2001, is 2 29 amended to read as follows: 2 30 1. Location and construction of the facility, including 2 31 plumbing, heating, lighting, ventilation, and other housing 2 32 conditions, which shall ensure the health, safety and comfort 2 33 of residents and protection from fire hazards. The rules of 2 34 the department relating to protection from fire hazards and 2 35 fire safety shall be promulgated by the state fire marshal in 3 1 consultation with the department, and shall be in keeping with 3 2 the latest generally recognized safety criteria for the 3 3 facilities covered of which the applicable criteria 3 4 recommended and published from time to time by the national 3 5 fire protection association are prima facie evidence. To the 3 6 greatest extent possible, the rules promulgated by the state 3 7 fire marshal shall be consistent with the rules adopted by the 3 8 department under this chapter. 3 9 3 10 3 11 3 12 BRENT SIEGRIST 3 13 Speaker of the House 3 14 3 15 3 16 3 17 MARY E. KRAMER 3 18 President of the Senate 3 19 3 20 I hereby certify that this bill originated in the House and 3 21 is known as House File 256, Seventy-ninth General Assembly. 3 22 3 23 3 24 3 25 MARGARET THOMSON 3 26 Chief Clerk of the House 3 27 Approved , 2001 3 28 3 29 3 30 3 31 THOMAS J. VILSACK 3 32 Governor
Text: HF00255 Text: HF00257 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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