Senate Amendment 5090 PAG LIN 1 1 Amend Senate File 2355 as follows: 1 2 #1. Page 1, before line 1 by inserting: 1 3 <Section 1. Section 100.35, Code 2009, is amended 1 4 to read as follows: 1 5 100.35 Rules of marshal. 1 6 1. The fire marshal shall adopt, and may amend 1 7 rules under chapter 17A, which include standards 1 8 relating to exits and exit lights, fire escapes, 1 9 fire protection, fire safety and the elimination of 1 10 fire hazards, in and for churches, schools, hotels, 1 11 theaters, amphitheaters, hospitals, health care 1 12 facilities as defined in section 135C.1, boarding homes 1 13 or housing, rest homes, dormitories, college buildings, 1 14 lodge halls, club rooms, public meeting places, places 1 15 of amusement, apartment buildings, food establishments 1 16 as defined in section 137F.1, and all other buildings 1 17 or structures in which persons congregate from time to 1 18 time, whether publicly or privately owned. Violation 1 19 of a rule adopted by the fire marshal is a simple 1 20 misdemeanor. However, upon proof that the fire marshal 1 21 gave written notice to the defendant of the violation, 1 22 and proof that the violation constituted a clear and 1 23 present danger to life, and proof that the defendant 1 24 failed to eliminate the condition giving rise to the 1 25 violation within thirty days after receipt of notice 1 26 from the fire marshal, the penalty is that provided 1 27 by law for a serious misdemeanor. Each day of the 1 28 continuing violation of a rule after conviction of 1 29 a violation of the rule is a separate offense. A 1 30 conviction is subject to appeal as in other criminal 1 31 cases. 1 32 2. Rules by the fire marshal affecting the 1 33 construction of new buildings, additions to 1 34 buildings, or rehabilitation of existing buildings and 1 35 related to fire protection, shall be substantially 1 36 in accord with the provisions of the nationally 1 37 recognized building and related codes adopted as the 1 38 state building code pursuant to section 103A.7 or with 1 39 codes adopted by a local subdivision which are in 1 40 substantial accord with the codes comprising the state 1 41 building code. The rules adopted by the fire marshal 1 42 shall not require the installation of fire sprinklers 1 43 or a related fire suppression system in a one=family 1 44 or two=family residential dwelling or a residential 1 45 building that contains no more than four dwelling 1 46 units. 1 47 3. The rules adopted by the state fire marshal 1 48 under this section shall provide standards for fire 1 49 resistance of cellulose insulation sold or used in this 1 50 state, whether for public or private use. The rules 2 1 shall provide for approval of the cellulose insulation 2 2 by at least one nationally recognized independent 2 3 testing laboratory.> 2 4 #2. Title page, line 1, after <to> by inserting 2 5 <residential sprinkler requirements and to> 2 6 #3. By renumbering as necessary. SHAWN HAMERLINCK SF2355.1270 (2) 83 jr/rj -1-