Senate
Study
Bill
1159
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
guidelines
and
procedures
for
local
fire
1
investigators
when
conducting
certain
fire
and
explosion
2
investigations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2662SC
(2)
84
jr/sc
S.F.
_____
Section
1.
Section
100.1,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8.
To
adopt
rules
for
fire
investigations
3
and
investigations
of
explosions
that
result
in
fire
conducted
4
pursuant
to
Code
section
100.2.
The
rules
shall
comply
with
5
the
national
fire
protection
association’s
standards
for
fire
6
and
explosion
investigations,
based
upon
NFPA
921-2011.
7
Sec.
2.
Section
100.2,
Code
2011,
is
amended
to
read
as
8
follows:
9
100.2
Duties
of
fire
officials.
10
1.
The
chief
of
the
fire
department
or
the
chief’s
designee
11
of
every
city
or
township
in
which
a
fire
department
is
12
established
or
the
chief
of
the
fire
department
or
the
chief’s
13
designee
responding
to
every
township
fire
where
there
is
a
14
contract
for
fire
protection
in
effect
shall
investigate
into
15
the
cause,
origin
,
and
circumstances
of
every
fire
or
explosion
16
resulting
in
a
fire
occurring
in
the
city
or
township
by
which
17
property
has
been
destroyed
or
damaged
or
which
results
in
18
bodily
injury
to
a
person,
and
determine
whether
the
fire
or
19
explosion
resulting
in
a
fire
was
the
result
of
natural
causes,
20
negligence
,
or
design.
The
state
fire
marshal
may
assist
in
21
the
investigation
or
may
direct
the
investigation
if
the
fire
22
marshal
finds
it
necessary.
23
2.
The
investigation
shall
be
conducted
in
compliance
with
24
standards
of
the
national
fire
protection
association,
as
25
adopted
by
the
state
fire
marshal
by
rule
pursuant
to
section
26
100.1,
subsection
8.
27
3.
Reports
from
fire
or
explosion
investigations
resulting
28
in,
or
which
may
result
in,
the
arrest
of
an
individual
shall
29
be
reviewed
by
a
peer
or
supervisor
within
ten
working
days
of
30
the
report
being
completed.
31
4.
If
a
complaint
by
an
individual
described
in
subsection
32
3
alleges
a
failure
of
investigators
to
adhere
to
the
33
investigation
standards
described
in
subsection
2,
the
34
report
of
the
investigation
shall
be
evaluated
based
on
those
35
-1-
LSB
2662SC
(2)
84
jr/sc
1/
2
S.F.
_____
standards.
1
5.
This
section
shall
not
operate
to
limit
remedies
under
2
chapter
822.
3
EXPLANATION
4
This
bill
establishes
guidelines
and
procedures
for
fire
5
investigations
and
investigations
of
explosions
that
result
6
in
fire.
The
bill
requires
the
state
fire
marshal
to
adopt
7
rules
for
local
investigators
that
comply
with
the
National
8
Fire
Protection
Association’s
921
guide
for
fire
and
explosion
9
investigations
(2011
edition).
The
bill
specifies
that
local
10
fire
departments
are
to
investigate
explosions
that
result
in
11
fires
in
addition
to
fires.
12
The
bill
provides
that
a
peer
or
supervisor
shall
review
13
the
investigation
or
report
of
any
investigation
that
leads
or
14
may
lead
to
the
arrest
of
a
person.
The
bill
provides
that
15
any
complaint
alleging
a
failure
of
investigators
to
follow
16
the
investigation
standards
shall
be
evaluated
based
on
the
17
standards.
18
-2-
LSB
2662SC
(2)
84
jr/sc
2/
2