Text: HF02199 Text: HF02201 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2200 1 2 1 3 AN ACT 1 4 RELATING TO FIRE SAFETY ISSUES, INCLUDING THE ESTABLISHMENT 1 5 OF A FIRE EXTINGUISHING SYSTEM CONTRACTOR CERTIFICATION 1 6 PROGRAM IN THE OFFICE OF THE STATE FIRE MARSHAL, THE PROMUL- 1 7 GATION OF ADMINISTRATIVE RULES BY THE STATE FIRE MARSHAL, 1 8 AND ARSON AND SIMULATED EXPLOSIVE RELATED CRIMINAL OFFENSES, 1 9 AND PROVIDING FOR FEES AND PENALTIES AND FOR THE ACT'S 1 10 APPLICABILITY. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. Section 100.1, Code Supplement 2003, is amended 1 15 by adding the following new subsection: 1 16 NEW SUBSECTION. 7. To administer the fire extinguishing 1 17 system contractor certification program established in chapter 1 18 100C. 1 19 Sec. 2. NEW SECTION. 100C.1 DEFINITIONS. 1 20 As used in this chapter, unless the context otherwise 1 21 requires: 1 22 1. "Automatic dry-chemical extinguishing system" means a 1 23 system supplying a powder composed of small particles, usually 1 24 of sodium bicarbonate, potassium bicarbonate, urea-potassium- 1 25 based bicarbonate, potassium chloride, or monoammonium 1 26 phosphate, with added particulate material supplemented by 1 27 special treatment to provide resistance to packing, resistance 1 28 to moisture absorption, and the proper flow capabilities. 1 29 2. "Automatic fire extinguishing system" means a system of 1 30 devices and equipment that automatically detects a fire and 1 31 discharges an approved fire extinguishing agent onto or in the 1 32 area of a fire and includes automatic sprinkler systems, 1 33 carbon dioxide extinguishing systems, deluge systems, 1 34 automatic dry-chemical extinguishing systems, foam 1 35 extinguishing systems, halogenated extinguishing systems, or 2 1 other equivalent fire extinguishing technologies recognized by 2 2 the fire extinguishing system contractors advisory board. 2 3 3. "Automatic sprinkler system" means an integrated fire 2 4 protection sprinkler system usually activated by heat from a 2 5 fire designed in accordance with fire protection engineering 2 6 standards and includes a suitable water supply. The portion 2 7 of the system above the ground is a network of specially sized 2 8 or hydraulically designed piping installed in a structure or 2 9 area, generally overhead, and to which automatic sprinklers 2 10 are connected in a systematic pattern. 2 11 4. "Carbon dioxide extinguishing system" means a system 2 12 supplying carbon dioxide from a pressurized vessel through 2 13 fixed pipes and nozzles and includes a manual or automatic 2 14 actuating mechanism. 2 15 5. "Deluge system" means a sprinkler system employing open 2 16 sprinklers attached to a piping system connected to a water 2 17 supply through a valve that is opened by the operation of a 2 18 detection system installed in the same area as the sprinklers. 2 19 6. "Fire extinguishing system contractor" means a person 2 20 engaging in or representing oneself to the public as engaging 2 21 in the activity or business of layout, installation, repair, 2 22 alteration, addition, maintenance, or maintenance inspection 2 23 of automatic fire extinguishing systems in this state. 2 24 7. "Foam extinguishing system" means a special system 2 25 discharging foam made from concentrates, either mechanically 2 26 or chemically, over the area to be protected. 2 27 8. "Halogenated extinguishing system" means a fire 2 28 extinguishing system using one or more atoms of an element 2 29 from the halogen chemical series of fluorine, chlorine, 2 30 bromine, and iodine. 2 31 9. "Maintenance inspection" means periodic inspection and 2 32 certification completed by a fire extinguishing system 2 33 contractor. For purposes of this chapter, "maintenance 2 34 inspection" does not include an inspection completed by a 2 35 local building official, fire inspector, or insurance 3 1 inspector, when acting in an official capacity. 3 2 10. "Responsible managing employee" means an owner, 3 3 partner, officer, or manager employed full-time by a fire 3 4 extinguishing system contractor who has any of the following 3 5 qualifications: 3 6 a. Is certified by the national institute for 3 7 certification in engineering technologies at a level III in 3 8 fire protection technology, automatic sprinkler system layout, 3 9 or another recognized certification in automatic sprinkler 3 10 system layout recognized by rules adopted by the fire marshal 3 11 pursuant to section 100C.7. 3 12 b. Meets any other criteria established by rule under this 3 13 chapter. 3 14 Sec. 3. NEW SECTION. 100C.2 CERTIFICATION – EMPLOYEES. 3 15 1. A person shall not act as a fire extinguishing system 3 16 contractor without first obtaining a fire extinguishing system 3 17 contractor's certificate pursuant to this chapter. 3 18 2. A responsible managing employee may act as a 3 19 responsible managing employee for only one fire extinguishing 3 20 system contractor at a time. The responsible managing 3 21 employee shall not be designated as the responsible managing 3 22 employee for more than two fire extinguishing system 3 23 contractors in any twelve-month period. 3 24 3. An employee of a certified fire extinguishing system 3 25 contractor working under the direction of a responsible 3 26 managing employee is not required to obtain and maintain an 3 27 individual fire extinguishing system contractor's certificate. 3 28 Sec. 4. NEW SECTION. 100C.3 APPLICATION – INFORMATION 3 29 TO BE PROVIDED. 3 30 1. A fire extinguishing system contractor shall apply for 3 31 a certificate on a form prescribed by the state fire marshal. 3 32 The application shall be accompanied by a fee in an amount 3 33 prescribed by rule pursuant to section 100C.7 and shall 3 34 include all of the following information: 3 35 a. The name, address, and telephone number of the 4 1 contractor, including all legal and fictitious names. 4 2 b. Proof of insurance coverage required by section 100C.4. 4 3 c. The name and qualifications of the person designated as 4 4 the contractor's responsible managing employee and of persons 4 5 designated as alternate responsible managing employees. 4 6 d. Any other information deemed necessary by the state 4 7 fire marshal. 4 8 2. Upon receipt of a completed application and prescribed 4 9 fees, if the contractor meets all requirements established by 4 10 this chapter, the state fire marshal shall issue a certificate 4 11 to the fire extinguishing system contractor within thirty 4 12 days. 4 13 3. Certificates shall expire and be renewed as established 4 14 by rule pursuant to section 100C.7. 4 15 4. Any change in the information provided in the 4 16 application shall be promptly reported to the state fire 4 17 marshal. When the employment of a responsible managing 4 18 employee is terminated, the fire extinguishing system 4 19 contractor shall notify the state fire marshal within thirty 4 20 days after termination. 4 21 Sec. 5. NEW SECTION. 100C.4 INSURANCE. 4 22 A fire extinguishing system contractor shall maintain 4 23 general and complete operations liability insurance for the 4 24 layout, installation, repair, alteration, addition, 4 25 maintenance, and inspection of automatic fire extinguishing 4 26 systems in an amount determined by the state fire marshal by 4 27 rule. 4 28 Sec. 6. NEW SECTION. 100C.5 SUSPENSION AND REVOCATION. 4 29 1. The state fire marshal shall suspend or revoke the 4 30 certificate of any fire extinguishing system contractor who 4 31 fails to maintain compliance with the conditions necessary to 4 32 obtain a certificate. A certificate may also be suspended or 4 33 revoked if any of the following occur: 4 34 a. The employment or relationship of a responsible 4 35 managing employee with a fire extinguishing system contractor 5 1 is terminated, unless the fire extinguishing system contractor 5 2 has included a qualified alternate on the application or an 5 3 application designating a new responsible managing employee is 5 4 filed with the state fire marshal within six months after the 5 5 termination. 5 6 b. The contractor fails to comply with any provision of 5 7 this chapter. 5 8 c. The contractor fails to comply with any other 5 9 applicable codes and ordinances. 5 10 2. If a certificate is suspended pursuant to this section, 5 11 the certificate shall not be reinstated until the condition or 5 12 conditions which led to the suspension have been corrected. 5 13 3. The state fire marshal shall adopt rules pursuant to 5 14 section 100C.7 for the acceptance and processing of complaints 5 15 against certificate holders, for procedures to suspend and 5 16 revoke certificates, and for appeals of decisions to suspend 5 17 or revoke certificates. 5 18 Sec. 7. NEW SECTION. 100C.6 APPLICABILITY. 5 19 This chapter shall not be construed to do any of the 5 20 following: 5 21 1. Relieve any person from payment of any local permit or 5 22 building fee. 5 23 2. Limit the power of the state or a political subdivision 5 24 of the state to regulate the quality and character of work 5 25 performed by fire extinguishing system contractors through a 5 26 system of fees, permits, and inspections designed to ensure 5 27 compliance with, and aid in the administration of, state and 5 28 local building codes or to enforce other local laws for the 5 29 protection of the public health and safety. 5 30 Sec. 8. NEW SECTION. 100C.7 ADMINISTRATION – RULES. 5 31 The state fire marshal shall administer this chapter and, 5 32 after consultation with the fire extinguishing system 5 33 contractors advisory board, shall adopt rules pursuant to 5 34 chapter 17A necessary for the administration and enforcement 5 35 of this chapter. 6 1 Sec. 9. NEW SECTION. 100C.8 PENALTIES. 6 2 1. A person who violates any provision of this chapter is 6 3 guilty of a simple misdemeanor. 6 4 2. The state fire marshal may impose a civil penalty of up 6 5 to five hundred dollars on any person who violates any 6 6 provision of this chapter for each day a violation continues. 6 7 The state fire marshal may adopt rules necessary to enforce 6 8 and collect any penalties imposed pursuant to this chapter. 6 9 Sec. 10. NEW SECTION. 100C.9 DEPOSIT AND USE OF MONEYS 6 10 COLLECTED. 6 11 1. All fees assessed pursuant to this chapter shall be 6 12 retained as repayment receipts by the division of fire 6 13 protection in the department of public safety and such fees 6 14 received shall be used exclusively to offset the costs of 6 15 administering this chapter. 6 16 2. Notwithstanding section 8.33, fees collected by the 6 17 division of fire protection that remain unencumbered or 6 18 unobligated at the close of the fiscal year shall not revert 6 19 but shall remain available for expenditure for the purposes 6 20 designated until the close of the succeeding fiscal year. 6 21 Sec. 11. NEW SECTION. 100C.10 FIRE EXTINGUISHING SYSTEM 6 22 CONTRACTORS ADVISORY BOARD. 6 23 1. A fire extinguishing system contractors advisory board 6 24 is established in the division of fire protection of the 6 25 department of public safety and shall advise the state fire 6 26 marshal on matters pertaining to the application and 6 27 certification of fire extinguishing system contractors 6 28 pursuant to this chapter. 6 29 2. The board shall consist of seven voting members 6 30 appointed by the commissioner of public safety as follows: 6 31 a. Two full-time fire officials of incorporated 6 32 municipalities or counties. 6 33 b. One full-time building official of an incorporated 6 34 municipality or county. 6 35 c. Two fire extinguishing system contractors, certified 7 1 pursuant to this chapter, of which at least one shall be a 7 2 water-based fire sprinkler contractor. 7 3 d. One professional engineer or architect licensed in the 7 4 state. 7 5 e. One representative of the general public. 7 6 3. The state fire marshal, or the state fire marshal's 7 7 designee, shall be a nonvoting ex officio member of the board. 7 8 4. The commissioner shall initially appoint two members 7 9 for two-year terms, two members for four-year terms, and three 7 10 members for six-year terms. Following the expiration of the 7 11 terms of initially appointed members, each term thereafter 7 12 shall be for a period of six years. No member shall serve 7 13 more than two consecutive terms. 7 14 5. Four voting members of the advisory board shall 7 15 constitute a quorum. A majority vote of the board shall be 7 16 required to conduct business. 7 17 Sec. 12. Section 101.5, Code 2003, is amended to read as 7 18 follows: 7 19 101.5 PUBLICATION OF RULES. 7 20 The rules shall be promulgated pursuant to chapter 17A, 7 21 only after a public hearing at least twenty days' notice of 7 22 the time and place of which is given by publicationin a7 23newspaper of general circulation throughout the statein the 7 24 Iowa administrative bulletin and by mail to any person who has 7 25 filed the person's name and address with the state fire 7 26 marshal for the purpose of receiving the notice. 7 27 Sec. 13. Section 712.1, Code 2003, is amended to read as 7 28 follows: 7 29 712.1 ARSON DEFINED. 7 30 1. Causing a fire or explosion, or placing any burning or 7 31 combustible material, or any incendiary or explosive device or 7 32 material, in or near any property with the intent to destroy 7 33 or damage such property, or with the knowledge that such 7 34 property will probably be destroyed or damaged, is arson, 7 35 whether or not any such property is actually destroyed or 8 1 damaged. Provided, that where a person who owns said property 8 2 which the defendant intends to destroy or damage, or which the 8 3 defendant knowingly endangers, consented to the defendant's 8 4 acts, and where no insurer has been exposed fraudulently to 8 5 any risk, and where the act was done in such a way as not to 8 6 unreasonably endanger the life or property of any other person 8 7 the act shall not be arson. 8 8 2. Causing a fire or explosion that damages or destroys 8 9 property while manufacturing or attempting to manufacture a 8 10 controlled substance in violation of section 124.401 is arson. 8 11 Even if a person who owns property which the defendant intends 8 12 to destroy or damage, or which the defendant knowingly 8 13 endangers, consents to the defendant's act, and even if an 8 14 insurer has not been exposed fraudulently to any risk, and 8 15 even if the act was done in such a way as not to unreasonably 8 16 endanger the life or property of any person, the act 8 17 constitutes arson. 8 18 Sec. 14. Section 712.2, Code 2003, is amended to read as 8 19 follows: 8 20 712.2 ARSON IN THE FIRST DEGREE. 8 21 Arson is arson in the first degree whenthe property which8 22the defendant intends to destroy or damage, or which the8 23defendant knowingly endangers, is property in whichthe 8 24 presence of one or more persons can be reasonably anticipated 8 25 in or near the property which is the subject of the arson, or 8 26 the arson results in the death of a fire fighter, whether paid 8 27 or volunteer. 8 28 Arson in the first degree is a class "B" felony. 8 29 Sec. 15. Section 712.3, Code 2003, is amended to read as 8 30 follows: 8 31 712.3 ARSON IN THE SECOND DEGREE. 8 32 Arson which is not arson in the first degree is arson in 8 33 the second degree when the propertywhich the defendant8 34intends to destroy or damage, or which the defendant knowingly8 35endangers,which is the subject of the arson is a building or 9 1 a structure, or real property of any kind, or standing crops, 9 2 or is personal property the value of which exceeds five 9 3 hundred dollars. Arson in the second degree is a class "C" 9 4 felony. 9 5 Sec. 16. Section 712.6, Code 2003, is amended to read as 9 6 follows: 9 7 712.6POSSESSION OFEXPLOSIVE OR INCENDIARY MATERIALS OR 9 8 DEVICES. 9 9 1. Any person who shall possess any incendiary or 9 10 explosive device or material with the intent to use such 9 11 device or material to commit any public offense shall be 9 12 guilty of a class "C" felony. 9 13 2. Any person, with the intent to intimidate, annoy, or 9 14 alarm another person, who places a simulated explosive or 9 15 simulated incendiary device in or near an occupied structure 9 16 as defined in section 702.12, is guilty of a serious 9 17 misdemeanor. 9 18 Sec. 17. APPLICABILITY DATE. The sections of this Act 9 19 enacting sections 100C.1 through 100C.6, 100C.8, and 100C.9 9 20 shall not be applicable until July 1, 2005. 9 21 9 22 9 23 9 24 CHRISTOPHER C. RANTS 9 25 Speaker of the House 9 26 9 27 9 28 9 29 JEFFREY M. LAMBERTI 9 30 President of the Senate 9 31 9 32 I hereby certify that this bill originated in the House and 9 33 is known as House File 2200, Eightieth General Assembly. 9 34 9 35 10 1 10 2 MARGARET THOMSON 10 3 Chief Clerk of the House 10 4 Approved , 2004 10 5 10 6 10 7 10 8 THOMAS J. VILSACK 10 9 Governor
Text: HF02199 Text: HF02201 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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