House Amendment 8613


PAG LIN

     1  1    Amend House File 2531 as follows:
     1  2 #1.  Page 38, after line 1 by inserting:
     1  3                          <DIVISION ___
     1  4                    FIRE SUPPRESSION SYSTEMS
     1  5    Sec. ___.  Section 100.35, Code 2009, is amended to
     1  6 read as follows:
     1  7    100.35  Rules of marshal.
     1  8    1.  The fire marshal shall adopt, and may amend
     1  9 rules under chapter 17A, which include standards
     1 10 relating to exits and exit lights, fire escapes,
     1 11 fire protection, fire safety and the elimination of
     1 12 fire hazards, in and for churches, schools, hotels,
     1 13 theaters, amphitheaters, hospitals, health care
     1 14 facilities as defined in section 135C.1, boarding homes
     1 15 or housing, rest homes, dormitories, college buildings,
     1 16 lodge halls, club rooms, public meeting places, places
     1 17 of amusement, apartment buildings, food establishments
     1 18 as defined in section 137F.1, and all other buildings
     1 19 or structures in which persons congregate from time to
     1 20 time, whether publicly or privately owned.  Violation
     1 21 of a rule adopted by the fire marshal is a simple
     1 22 misdemeanor. However, upon proof that the fire marshal
     1 23 gave written notice to the defendant of the violation,
     1 24 and proof that the violation constituted a clear and
     1 25 present danger to life, and proof that the defendant
     1 26 failed to eliminate the condition giving rise to the
     1 27 violation within thirty days after receipt of notice
     1 28 from the fire marshal, the penalty is that provided
     1 29 by law for a serious misdemeanor.  Each day of the
     1 30 continuing violation of a rule after conviction of
     1 31 a violation of the rule is a separate offense.  A
     1 32 conviction is subject to appeal as in other criminal
     1 33 cases.
     1 34    2.  Rules by the fire marshal affecting the
     1 35 construction of new buildings, additions to buildings
     1 36 or rehabilitation of existing buildings and related to
     1 37 fire protection, shall be substantially in accord with
     1 38 the provisions of the nationally recognized building
     1 39 and related codes adopted as the state building code
     1 40 pursuant to section 103A.7 or with codes adopted by
     1 41 a local subdivision which are in substantial accord
     1 42 with the codes comprising the state building code.  The
     1 43 rules adopted by the fire marshal shall not require
     1 44 the installation of fire sprinklers or a related
     1 45 fire suppression system in a one=family or two=family
     1 46 residential dwelling or a residential building that
     1 47 contains no more than four dwelling units.
     1 48    3.  The rules adopted by the state fire marshal
     1 49 under this section shall provide standards for fire
     1 50 resistance of cellulose insulation sold or used in this
     2  1 state, whether for public or private use.  The rules
     2  2 shall provide for approval of the cellulose insulation
     2  3 by at least one nationally recognized independent
     2  4 testing laboratory.
     2  5    Sec. ___.  Section 103A.7, subsection 2, paragraph
     2  6 d, Code Supplement 2009, is amended to read as follows:
     2  7    d.  Protection of the health, safety, and welfare
     2  8 of occupants and users.  The rules adopted by the
     2  9 state building code commissioner shall not require
     2 10 the installation of fire sprinklers or a related
     2 11 fire suppression system in a one=family or two=family
     2 12 residential dwelling or a residential building that
     2 13 contains no more than four dwelling units.
     2 14    Sec. ___.  EFFECTIVE UPON ENACTMENT.  This division
     2 15 of this Act, being deemed of immediate importance,
     2 16 takes effect upon enactment.>
     2 17 #2.  By renumbering as necessary.


                                        
          SODERBERG of Plymouth
          HF2531.2784 (1) 83
          tm/jp

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