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

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