House File 2483 - Introduced
HOUSE FILE
BY SHOMSHOR
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the certification of fire protection
2 sprinkler system contractors and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6186YH 81
5 jr/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 100D.1 DEFINITIONS.
1 2 1. "Fire protection sprinkler system" means an assembly of
1 3 underground or overhead piping or conduit beginning at the
1 4 connection to the primary water supply, whether public or
1 5 private, that conveys water with or without other agents to
1 6 dispersal openings or devices to extinguish, control, or
1 7 contain fire and to provide protection from exposure to fire
1 8 or other products of combustion.
1 9 2. "Fire protection sprinkler system contractor" or
1 10 "contractor" means a person as defined in section 4.1 that
1 11 offers to undertake the execution of a contract for the
1 12 installation, inspection, maintenance, or servicing of a fire
1 13 protection sprinkler system or any part of such a system.
1 14 Sec. 2. NEW SECTION. 100D.2 EXCLUSIONS.
1 15 This chapter does not apply to any of the following:
1 16 1. A federal, state, or local government employee,
1 17 building official, fire marshal, fire inspector, or insurance
1 18 inspector when acting in the person's official capacity.
1 19 2. A person or organization that sells or supplies
1 20 products or materials to a certified fire protection sprinkler
1 21 system contractor.
1 22 3. A professional engineer licensed pursuant to chapter
1 23 542B acting solely in a professional capacity.
1 24 4. An employee of a certified fire protection sprinkler
1 25 system contractor performing duties for that contractor.
1 26 5. An owner or occupant of a single=family residence
1 27 installing or repairing a fire protection sprinkler system in
1 28 that residence.
1 29 6. A person certified as a fire extinguishing system
1 30 contractor pursuant to chapter 100C.
1 31 Sec. 3. NEW SECTION. 100D.3 CERTIFICATION == EMPLOYEES.
1 32 1. A person shall not act as a fire protection sprinkler
1 33 system contractor without first obtaining a fire protection
1 34 sprinkler system contractor's certificate pursuant to this
1 35 chapter.
2 1 2. An employee of a fire protection sprinkler system
2 2 contractor working under the direction of a certified fire
2 3 protection sprinkler system contractor is not required to
2 4 obtain and maintain an individual fire protection sprinkler
2 5 system contractor's certificate.
2 6 Sec. 4. NEW SECTION. 100D.4 APPLICATION == INFORMATION
2 7 TO BE PROVIDED.
2 8 1. A fire protection sprinkler system contractor shall
2 9 apply for a certificate on a form prescribed by the state fire
2 10 marshal. The application shall be accompanied by a fee in an
2 11 amount prescribed by rule pursuant to section 100D.8 and shall
2 12 include all of the following information:
2 13 a. The name, address, and telephone number of the
2 14 contractor, including all legal and fictitious names.
2 15 b. Proof of insurance coverage required by section 100D.5.
2 16 c. Any other information deemed necessary by the state
2 17 fire marshal.
2 18 2. Upon receipt of a completed application and prescribed
2 19 fees, if the contractor meets all requirements established by
2 20 this chapter, the state fire marshal shall issue a certificate
2 21 to the fire protection sprinkler system contractor within
2 22 thirty days.
2 23 3. Certificates shall expire and be renewed as established
2 24 by rule pursuant to section 100D.8.
2 25 4. Any change in the information provided in the
2 26 application shall be promptly reported to the state fire
2 27 marshal.
2 28 Sec. 5. NEW SECTION. 100D.5 INSURANCE.
2 29 A fire protection sprinkler system contractor shall
2 30 maintain general and complete operations liability insurance
2 31 for the layout, installation, repair, alteration, addition,
2 32 maintenance, and inspection of fire protection sprinkler
2 33 systems in an amount determined by the state fire marshal by
2 34 rule.
2 35 Sec. 6. NEW SECTION. 100D.6 SUSPENSION AND REVOCATION.
3 1 1. The state fire marshal shall suspend or revoke the
3 2 certificate of any fire protection sprinkler system contractor
3 3 who fails to maintain compliance with the conditions necessary
3 4 to obtain a certificate. A certificate may also be suspended
3 5 or revoked if any of the following occur:
3 6 a. The contractor fails to comply with any provision of
3 7 this chapter.
3 8 b. The contractor fails to comply with any other
3 9 applicable codes and ordinances.
3 10 2. If a certificate is suspended pursuant to this section,
3 11 the certificate shall not be reinstated until the condition or
3 12 conditions which led to the suspension have been corrected.
3 13 3. The state fire marshal shall adopt rules pursuant to
3 14 section 100D.8 for the acceptance and processing of complaints
3 15 against certificate holders, for procedures to suspend and
3 16 revoke certificates, and for appeals of decisions to suspend
3 17 or revoke certificates.
3 18 Sec. 7. NEW SECTION. 100D.7 APPLICABILITY.
3 19 This chapter shall not be construed to do any of the
3 20 following:
3 21 1. Relieve any person from payment of any local permit or
3 22 building fee.
3 23 2. Limit the power of the state or a political subdivision
3 24 of the state to regulate the quality and character of work
3 25 performed by fire protection sprinkler system contractors
3 26 through a system of fees, permits, and inspections designed to
3 27 ensure compliance with, and aid in the administration of,
3 28 state and local building codes or to enforce other local laws
3 29 for the protection of the public health and safety.
3 30 Sec. 8. NEW SECTION. 100D.8 ADMINISTRATION == RULES.
3 31 The state fire marshal shall administer this chapter and,
3 32 after consultation with the fire protection sprinkler system
3 33 contractor advisory board, shall adopt rules pursuant to
3 34 chapter 17A necessary for the administration and enforcement
3 35 of this chapter.
4 1 Sec. 9. NEW SECTION. 100D.9 PENALTIES.
4 2 1. A person who violates any provision of this chapter is
4 3 guilty of a simple misdemeanor.
4 4 2. The state fire marshal may impose a civil penalty of up
4 5 to five hundred dollars on any person who violates any
4 6 provision of this chapter for each day a violation continues.
4 7 If the state fire marshal believes that a violation poses a
4 8 threat to the public health, safety, or welfare, the state
4 9 fire marshal may order the person to cease all work relating
4 10 to fire protection sprinkler systems until the violation
4 11 ceases. The state fire marshal may adopt rules necessary to
4 12 enforce and collect any penalties imposed pursuant to this
4 13 chapter.
4 14 Sec. 10. NEW SECTION. 100D.10 DEPOSIT AND USE OF MONEYS
4 15 COLLECTED.
4 16 1. All fees assessed pursuant to this chapter shall be
4 17 retained as repayment receipts by the division of state fire
4 18 marshal in the department of public safety and such fees
4 19 received shall be used exclusively to offset the costs of
4 20 administering this chapter.
4 21 2. Notwithstanding section 8.33, fees collected by the
4 22 division of state fire marshal that remain unencumbered or
4 23 unobligated at the close of the fiscal year shall not revert
4 24 but shall remain available for expenditure for the purposes
4 25 designated until the close of the succeeding fiscal year.
4 26 Sec. 11. NEW SECTION. 100D.11 FIRE PROTECTION SPRINKLER
4 27 SYSTEM CONTRACTOR ADVISORY BOARD.
4 28 1. A fire protection sprinkler system contractor advisory
4 29 board is established in the division of state fire marshal of
4 30 the department of public safety and shall advise the division
4 31 on matters pertaining to the application and certification of
4 32 fire protection sprinkler system contractors pursuant to this
4 33 chapter.
4 34 2. The board shall consist of seven voting members
4 35 appointed by the commissioner of public safety as follows:
5 1 a. Two full=time fire officials of incorporated
5 2 municipalities or counties.
5 3 b. One full=time building official of an incorporated
5 4 municipality or county.
5 5 c. Two fire protection sprinkler system contractors,
5 6 certified or eligible to be certified pursuant to this
5 7 chapter.
5 8 d. One professional engineer or architect licensed in the
5 9 state.
5 10 e. One representative of the general public.
5 11 3. The state fire marshal, or the state fire marshal's
5 12 designee, shall be a nonvoting, ex officio member of the
5 13 board.
5 14 4. The commissioner shall initially appoint two members
5 15 for two=year terms, two members for four=year terms, and three
5 16 members for six=year terms. Following the expiration of the
5 17 terms of initially appointed members, each term thereafter
5 18 shall be for a period of six years. No member shall serve
5 19 more than two consecutive terms.
5 20 5. Four voting members of the advisory board shall
5 21 constitute a quorum. A majority vote of the board shall be
5 22 required to conduct business.
5 23 Sec. 12. Section 100C.1, subsection 6, Code 2005, is
5 24 amended to read as follows:
5 25 6. "Fire extinguishing system contractor" means a person
5 26 engaging in or representing oneself to the public as engaging
5 27 in the activity or business of layout, installation, repair,
5 28 alteration, addition, maintenance, or maintenance inspection
5 29 of automatic fire extinguishing systems in this state. "Fire
5 30 extinguishing system contractor" does not include a person
5 31 certified as a fire protection sprinkler system contractor
5 32 pursuant to chapter 100D.
5 33 Sec. 13. Section 100C.10, subsection 2, paragraph c, Code
5 34 Supplement 2005, is amended to read as follows:
5 35 c. Two fire extinguishing system contractors, certified
6 1 pursuant to this chapter, of which at least one shall be a
6 2 water=based fire sprinkler contractor.
6 3 EXPLANATION
6 4 This bill requires that any person that installs, inspects,
6 5 maintains, or services a fire protection sprinkler system must
6 6 be certified as a fire protection sprinkler system contractor
6 7 by the state fire marshal. Certified contractors must
6 8 maintain liability insurance in an amount specified by the
6 9 state fire marshal. The state fire marshal is required to
6 10 adopt rules setting the fee for certification and the period
6 11 of renewal. Fees collected by the state fire marshal are to
6 12 be retained and used for administering the bill.
6 13 The bill provides a process for the handling of complaints
6 14 and for the suspension or revocation of a certificate. In
6 15 addition, a violation of the bill is a simple misdemeanor and
6 16 the state fire marshal may impose a civil penalty of up to
6 17 $500. If the state fire marshal believes that a violation
6 18 poses a threat to the public health, safety, or welfare, the
6 19 state fire marshal may order the person to cease all work
6 20 relating to fire protection sprinkler systems until the
6 21 violation ceases.
6 22 The bill also creates a multimember advisory board to
6 23 advise the state fire marshal on matters pertaining to the
6 24 application and certification of fire protection sprinkler
6 25 system contractors.
6 26 LSB 6186YH 81
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