Senate File 2051 - Introduced SENATE FILE 2051 BY BLACK , DEARDEN , HATCH , KETTERING , BEHN , NOBLE , McCOY , WIECK , BARTZ , and DANDEKAR (COMPANION TO LSB 5380HH BY REICHERT) A BILL FOR An Act relating to the installation of certain fire suppression 1 systems in residential construction and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5380XS (8) 83 md/sc

S.F. 2051 Section 1. Section 100.35, Code 2009, is amended to read as 1 follows: 2 100.35 Rules of marshal. 3 1. The fire marshal shall adopt, and may amend rules 4 under chapter 17A, which include standards relating to exits 5 and exit lights, fire escapes, fire protection, fire safety 6 and the elimination of fire hazards, in and for churches, 7 schools, hotels, theaters, amphitheaters, hospitals, health 8 care facilities as defined in section 135C.1, boarding homes 9 or housing, rest homes, dormitories, college buildings, lodge 10 halls, club rooms, public meeting places, places of amusement, 11 apartment buildings, food establishments as defined in section 12 137F.1, and all other buildings or structures in which persons 13 congregate from time to time, whether publicly or privately 14 owned. Violation of a rule adopted by the fire marshal is a 15 simple misdemeanor. However, upon proof that the fire marshal 16 gave written notice to the defendant of the violation, and 17 proof that the violation constituted a clear and present danger 18 to life, and proof that the defendant failed to eliminate the 19 condition giving rise to the violation within thirty days after 20 receipt of notice from the fire marshal, the penalty is that 21 provided by law for a serious misdemeanor. Each day of the 22 continuing violation of a rule after conviction of a violation 23 of the rule is a separate offense. A conviction is subject to 24 appeal as in other criminal cases. 25 2. Rules by the fire marshal affecting the construction 26 of new buildings, additions to buildings or rehabilitation of 27 existing buildings and related to fire protection, shall be 28 substantially in accord with the provisions of the nationally 29 recognized building and related codes adopted as the state 30 building code pursuant to section 103A.7 or with codes adopted 31 by a local subdivision which are in substantial accord with the 32 codes comprising the state building code. The rules adopted 33 by the fire marshal shall not require the installation of fire 34 sprinklers or a related fire suppression system in a one-family 35 -1- LSB 5380XS (8) 83 md/sc 1/ 3

S.F. 2051 or two-family residential dwelling or a residential building 1 that contains no more than four dwelling units. 2 3. The rules adopted by the state fire marshal under 3 this section shall provide standards for fire resistance of 4 cellulose insulation sold or used in this state, whether for 5 public or private use. The rules shall provide for approval of 6 the cellulose insulation by at least one nationally recognized 7 independent testing laboratory. 8 Sec. 2. Section 103A.7, subsection 2, paragraph d, Code 9 Supplement 2009, is amended to read as follows: 10 d. Protection of the health, safety, and welfare of 11 occupants and users. The rules adopted by the state building 12 code commissioner shall not require the installation of fire 13 sprinklers or a related fire suppression system in a one-family 14 or two-family residential dwelling or a residential building 15 that contains no more than four dwelling units. 16 Sec. 3. Section 331.304, subsection 3, Code 2009, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . c. A county building code shall not 19 require the installation of fire sprinklers or a related fire 20 suppression system in a one-family or two-family residential 21 dwelling or a residential building that contains no more than 22 four dwelling units. 23 Sec. 4. Section 364.17, Code Supplement 2009, is amended by 24 adding the following new subsection: 25 NEW SUBSECTION . 8. A building or housing code adopted by a 26 city shall not require the installation of fire sprinklers or a 27 related fire suppression system in a one-family or two-family 28 residential dwelling or a residential building that contains no 29 more than four dwelling units. 30 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 31 immediate importance, takes effect upon enactment. 32 EXPLANATION 33 This bill provides that the state building code or a 34 building code adopted by a city or county shall not require the 35 -2- LSB 5380XS (8) 83 md/sc 2/ 3

S.F. 2051 installation of fire sprinklers or a related fire suppression 1 system in a one-family or two-family residential dwelling or a 2 residential building that contains no more than four dwelling 3 units. 4 The bill takes effect upon enactment. 5 -3- LSB 5380XS (8) 83 md/sc 3/ 3