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 -1-