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
© 2001 Cornell College and League of Women Voters of Iowa
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