Senate File 184
SENATE FILE
BY DVORSKY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to rules and standards for hazardous chemical
2 management practices adopted and administered by the state
3 fire marshal and to school requirements regarding hazardous
4 waste management.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2010SS 80
7 kh/cl/14
PAG LIN
1 1 Section 1. Section 100.31, unnumbered paragraph 3, Code
1 2 2003, is amended to read as follows:
1 3 The state fire marshal or the fire marshal's deputies shall
1 4 cause each public or private school, college or university to
1 5 be inspected at least once every two years to determine
1 6 whether each school meets the fire safety standards of this
1 7 Code and is free from other fire hazards, including those
1 8 associated with improper chemical management practices.
1 9 Provided, however, that However, such inspections shall be
1 10 made by fire department inspectors in cities which that employ
1 11 fire department inspectors shall cause such inspections to be
1 12 made.
1 13 Sec. 2. Section 100.35, unnumbered paragraph 1, Code 2003,
1 14 is amended to read as follows:
1 15 The fire marshal shall adopt, and may amend rules under
1 16 chapter 17A, which include standards relating to hazardous
1 17 chemical management practices, exits and exit lights, fire
1 18 escapes, fire protection, fire safety and the elimination of
1 19 fire hazards, in and for churches, schools, hotels, theaters,
1 20 amphitheaters, hospitals, health care facilities as defined in
1 21 section 135C.1, boarding homes or housing, rest homes,
1 22 dormitories, college buildings, lodge halls, club rooms,
1 23 public meeting places, places of amusement, apartment
1 24 buildings, food establishments as defined in section 137F.1,
1 25 and all other buildings or structures in which persons
1 26 congregate from time to time, whether publicly or privately
1 27 owned. Violation of a rule adopted by the fire marshal is a
1 28 simple misdemeanor. However, upon proof that the fire marshal
1 29 gave written notice to the defendant of the violation, and
1 30 proof that the violation constituted a clear and present
1 31 danger to life, and proof that the defendant failed to
1 32 eliminate the condition giving rise to the violation within
1 33 thirty days after receipt of notice from the fire marshal, the
1 34 penalty is that provided by law for a serious misdemeanor.
1 35 Each day of the continuing violation of a rule after
2 1 conviction of a violation of the rule is a separate offense.
2 2 A conviction is subject to appeal as in other criminal cases.
2 3 Sec. 3. Section 256.11, subsections 3 and 4, Code 2003,
2 4 are amended to read as follows:
2 5 3. The following areas shall be taught in grades one
2 6 through six: English=language arts, social studies,
2 7 mathematics, science, health, human growth and development,
2 8 physical education, traffic safety, music, and visual art.
2 9 The science curriculum shall include the topics of science
2 10 safety and proper hazardous waste management. The health
2 11 curriculum shall include the characteristics of communicable
2 12 diseases including acquired immune deficiency syndrome. The
2 13 state board as part of accreditation standards shall adopt
2 14 curriculum definitions for implementing the elementary
2 15 program.
2 16 4. The following shall be taught in grades seven and
2 17 eight: English=language arts; social studies; mathematics;
2 18 science; health; human growth and development, family,
2 19 consumer, career, and technology education; physical
2 20 education; music; and visual art. The science curriculum
2 21 shall include the topics of science safety and proper
2 22 hazardous waste management. The health curriculum shall
2 23 include the characteristics of sexually transmitted diseases
2 24 and acquired immune deficiency syndrome. The state board as
2 25 part of accreditation standards shall adopt curriculum
2 26 definitions for implementing the program in grades seven and
2 27 eight. However, this subsection shall not apply to the
2 28 teaching of family, consumer, career, and technology education
2 29 in nonpublic schools.
2 30 Sec. 4. Section 256.11, subsection 5, paragraph a, Code
2 31 2003, is amended to read as follows:
2 32 a. Five units of science including physics and chemistry;
2 33 the units of physics and chemistry may be taught in alternate
2 34 years. The science curriculum shall include the topics of
2 35 science safety and proper hazardous waste management.
3 1 Sec. 5. Section 280.14, Code 2003, is amended to read as
3 2 follows:
3 3 280.14 SCHOOL REQUIREMENTS.
3 4 1. The board or governing authority of each school or
3 5 school district subject to the provisions of this chapter
3 6 shall establish and maintain adequate administration, school
3 7 staffing, personnel assignment policies, teacher
3 8 qualifications, certification requirements, facilities,
3 9 equipment, grounds, graduation requirements, instructional
3 10 requirements, instructional materials, maintenance procedures
3 11 and policies on extracurricular activities. In addition the
3 12 board or governing authority of each school or school district
3 13 shall provide such principals as it finds necessary to provide
3 14 effective supervision and administration for each school and
3 15 its faculty and student body. An individual who is employed
3 16 or contracted as a superintendent by a school or school
3 17 district may also serve as an elementary principal in the same
3 18 school or school district.
3 19 2. The board of directors of each school district and the
3 20 authorities in charge of each accredited nonpublic school
3 21 shall act to reduce the amount of hazardous waste located on
3 22 school property with the goal of meeting the criteria for
3 23 conditionally exempt small quantity generators of hazardous
3 24 waste as set forth in 40 C.F.R. } 261.5, by the United States
3 25 environmental protection agency.
3 26 Sec. 6. STATE MANDATE FUNDING SPECIFIED. In accordance
3 27 with section 25B.2, subsection 3, the state cost of requiring
3 28 compliance with any state mandate included in this Act shall
3 29 be paid by a school district from state school foundation aid
3 30 received by the school district under section 257.16. This
3 31 specification of the payment of the state cost shall be deemed
3 32 to meet all the state funding=related requirements of section
3 33 25B.2, subsection 3, and no additional state funding shall be
3 34 necessary for the full implementation of this Act by and
3 35 enforcement of this Act against all affected school districts.
4 1 EXPLANATION
4 2 This bill relates to hazardous chemical management by state
4 3 and local fire inspectors and school districts. The bill
4 4 expands the inspection requirements of the state fire
4 5 marshal's office and local fire inspectors to include fire
4 6 hazards associated with improper chemical management
4 7 practices; requires the state fire marshal to adopt standards
4 8 relating to hazardous chemical management practices; requires
4 9 that the science curriculum used in grades 1 through 12
4 10 include the topics of science safety and proper hazardous
4 11 waste management; and requires schools and school districts to
4 12 work toward the goal of meeting the criteria for conditionally
4 13 exempt small quantity generators of hazardous waste under
4 14 federal regulations.
4 15 The bill may include a state mandate as defined in Code
4 16 section 25B.3. The bill requires that the state cost of any
4 17 state mandate included in the bill be paid by a school
4 18 district from state school foundation aid received by the
4 19 school district under Code section 257.16. The specification
4 20 is deemed to constitute state compliance with any state
4 21 mandate funding=related requirements of Code section 25B.2.
4 22 The inclusion of this specification is intended to reinstate
4 23 the requirement of political subdivisions to comply with any
4 24 state mandates included in the bill.
4 25 LSB 2010SS 80
4 26 kh/cl/14.1