Text: HSB00121 Text: HSB00123 Text: HSB00100 - HSB00199 Text: HSB 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 2001, 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 100C. 1 9 Sec. 2. NEW SECTION. 100C.1 DEFINITIONS. 1 10 As used in this chapter unless the context otherwise 1 11 requires: 1 12 1. "Responsible managing employee" means an individual 1 13 employed full-time by a water-based fire protection system 1 14 contractor who is an owner, partner, or officer or in a 1 15 management position with such a contractor and meets any of 1 16 the following criteria: 1 17 a. The individual is currently certified by the national 1 18 institute for certification in engineering technologies at 1 19 level III or level IV in fire protection technology, automatic 1 20 sprinkler system layout, or another nationally recognized 1 21 certification in automatic sprinkler system layout recognized 1 22 by the state fire marshal. 1 23 b. The individual is a professional engineer registered in 1 24 Iowa who has at least three years' experience with water-based 1 25 fire protection systems. 1 26 2. "Water-based fire protection system" means a system of 1 27 overhead piping that is designed in accordance with fire 1 28 protection engineering standards, usually activated by heat 1 29 from a fire and which, when activated, discharges water over a 1 30 fire area supplied from an acceptable water supply which is 1 31 specially sized or hydraulically designed and installed in a 1 32 building, structure, or fire area to which fire sprinklers are 1 33 connected, and which includes a controlling valve and usually 1 34 a device for actuating an alarm when the system is in 1 35 operation. Only the portion of the water-based fire 2 1 protection system which is separate from the domestic water 2 2 system is considered the water-based fire protection system. 2 3 Water-based fire protection systems include wet-pipe 2 4 systems, dry-pipe systems, foam-water systems, pre-action 2 5 systems, deluge systems, water mist systems, combined dry pipe 2 6 and pre-action systems, fire pumps, fire protection water 2 7 storage tanks, antifreeze systems, and circulating closed-loop 2 8 systems. 2 9 3. "Water-based fire protection system contractor" means a 2 10 person engaged in the business of design, installation, 2 11 repair, alteration, addition, maintenance, or inspection of 2 12 water-based fire protection systems. However, "water-based 2 13 fire protection system contractor" does not include a local 2 14 building official, fire inspector, or insurance inspector when 2 15 such a person is acting in the person's official capacity, or 2 16 an individual employed by and working under the direction of 2 17 such a contractor. 2 18 Sec. 3. NEW SECTION. 100C.2 ADMINISTRATION – RULES. 2 19 The state fire marshal shall administer this chapter and 2 20 may adopt rules pursuant to chapter 17A which the state fire 2 21 marshal considers necessary to such administration. 2 22 Sec. 4. NEW SECTION. 100C.3 CONTRACTOR CERTIFICATE – 2 23 APPLICATION – FEE – RENEWAL. 2 24 1. A water-based fire protection system contractor who 2 25 designs, installs, repairs, alters, adds to, maintains, or 2 26 inspects water-based fire protection systems in this state 2 27 shall obtain a contractor certificate as provided in this 2 28 chapter. 2 29 2. A water-based fire protection system contractor may 2 30 apply to the state fire marshal for a contractor certificate. 2 31 The application shall be made on a form prescribed by the 2 32 state fire marshal and shall include a certificate fee in an 2 33 amount determined by the state fire marshal by rule. Each 2 34 applicant must designate a responsible managing employee, and 2 35 may include a qualified alternate or alternates, on the 3 1 application, and the name of the responsible managing employee 3 2 and alternates shall appear on the certificate with that of 3 3 the water-based fire protection system contractor upon 3 4 issuance of the certificate. Proof of insurance as required 3 5 by section 100C.4 shall also accompany the application. 3 6 3. Within thirty days of the receipt by the state fire 3 7 marshal of a completed application, proof of insurance, and 3 8 the certification fee, the state fire marshal shall issue a 3 9 certificate to the water-based fire protection system 3 10 contractor. 3 11 4. A certificate shall expire on June 30 of the second 3 12 year following issuance. An application form for renewal for 3 13 an additional two-year period shall be filed at least thirty 3 14 days prior to expiration and shall be accompanied by a renewal 3 15 fee in an amount determined by the state fire marshal by rule 3 16 and a sworn affidavit that the responsible managing employee 3 17 is currently employed by the water-based fire protection 3 18 system contractor. A water-based fire protection system 3 19 contractor who fails to apply for the renewal within the time 3 20 stated in this subsection must make a new application for a 3 21 certificate. 3 22 5. A responsible managing employee may act as a 3 23 responsible managing employee for only one water-based fire 3 24 protection system contractor at a time. If a responsible 3 25 managing employee terminates the responsible managing 3 26 employee's association with a water-based fire protection 3 27 system contractor, the water-based fire protection system 3 28 contractor shall notify the state fire marshal within thirty 3 29 days after termination. The responsible managing employee 3 30 shall not be designated as the responsible managing employee 3 31 for more than two water-based fire protection system 3 32 contractors in any twelve-month period. The state fire 3 33 marshal shall revoke the certificate of a water-based fire 3 34 protection system contractor whose responsible managing 3 35 employee has terminated the responsible managing employee's 4 1 association with the water-based fire protection system 4 2 contractor unless the water-based fire protection system 4 3 contractor has included a qualified alternate on the 4 4 application or an application designating a new responsible 4 5 managing employee is filed within six months after 4 6 termination. 4 7 Sec. 5. NEW SECTION. 100C.4 INSURANCE. 4 8 A water-based fire protection system contractor shall 4 9 maintain general and completed operations liability insurance 4 10 for the design, installation, repair, alteration, addition, 4 11 maintenance, and inspection of water-based fire protection 4 12 systems providing at least one million dollars of coverage. 4 13 Sec. 6. NEW SECTION. 100C.5 APPLICABILITY – EXCEPTIONS. 4 14 This chapter shall not be construed to do any of the 4 15 following: 4 16 1. Relieve any person from payment of a local permit or 4 17 building fee. 4 18 2. Limit the power of the state or a political subdivision 4 19 of the state to regulate the quality and character of work 4 20 performed by water-based fire protection system contractors 4 21 through a system of fees, permits, and inspections designed to 4 22 ensure compliance with, and aid in the administration of, 4 23 state and local building laws or codes or to enforce other 4 24 local laws for the protection of the public health and safety. 4 25 Sec. 7. NEW SECTION. 100C.6 PENALTIES. 4 26 1. A person who violates any provision of this chapter is 4 27 guilty of a simple misdemeanor. 4 28 2. The state fire marshal may impose a civil penalty of up 4 29 to two hundred fifty dollars on a person who violates any 4 30 provision of this chapter for each day a violation continues. 4 31 A violation of any provision of this chapter shall also 4 32 constitute grounds for revocation of a contractor certificate. 4 33 Sec. 8. NEW SECTION. 100C.7 DEPOSIT AND USE OF MONEYS 4 34 COLLECTED. 4 35 Any moneys or fees collected pursuant to this chapter by 5 1 the state fire marshal shall be deposited in the general fund 5 2 of the state and the moneys are appropriated to the office of 5 3 the state fire marshal for the purpose of administering this 5 4 chapter. 5 5 EXPLANATION 5 6 This bill provides for the regulation of certain fire 5 7 protection system contractors by the state fire marshal. The 5 8 state fire marshal is given the authority to adopt rules and 5 9 administer the provisions of this new Code chapter. 5 10 New Code section 100C.1 defines "water-based fire 5 11 protection system", "water-based fire protection system 5 12 contractor", and "responsible managing employee" of the 5 13 contractor. 5 14 New Code section 100C.2 requires the state fire marshal to 5 15 administer this chapter and to adopt rules pursuant to chapter 5 16 17A as necessary. 5 17 New Code section 100C.3 requires water-based fire 5 18 protection system contractors to apply for a certificate from 5 19 the state fire marshal in order to design, install, repair, 5 20 modify, or inspect water-based fire protection systems in this 5 21 state. The new section requires an application to list a 5 22 responsible managing employee of the contractor who shall meet 5 23 certain qualifications. The certificate is valid until June 5 24 30 following the second year after issuance and is renewable 5 25 for a two-year period. The bill allows the state fire marshal 5 26 to establish the fee for a certificate or a renewal of a 5 27 certificate. 5 28 New Code section 100C.4 requires a water-based fire 5 29 protection system contractor to have at least $1 million of 5 30 insurance coverage. 5 31 New Code section 100C.5 provides that the new chapter does 5 32 not apply to limit the ability of the state or political 5 33 subdivision to regulate the work performed by water-based fire 5 34 protection system contractors through building codes or other 5 35 laws. 6 1 New Code section 100C.6 provides that a person who violates 6 2 the provisions of this new chapter is guilty of a simple 6 3 misdemeanor. In addition, the state fire marshal is given the 6 4 authority to impose civil penalties of up to $250 per person 6 5 per day of violation. 6 6 New Code section 100C.7 appropriates moneys collected from 6 7 fees pursuant to this new Code chapter to the state fire 6 8 marshal to administer this new Code chapter. 6 9 LSB 2340HC 79 6 10 av/cls/14
Text: HSB00121 Text: HSB00123 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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