Senate File 67 - Introduced SENATE FILE 67 BY SHIPLEY A BILL FOR An Act relating to standards for carbon monoxide protection and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1474XS (2) 88 ss/rn
S.F. 67 Section 1. Section 100.35, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. The fire marshal shall adopt, and may amend rules under 3 chapter 17A , which include standards relating to exits and 4 exit lights, carbon monoxide protection, fire escapes, fire 5 protection, fire safety and the elimination of fire hazards, 6 in and for churches, schools, hotels, theaters, amphitheaters, 7 hospitals, health care facilities as defined in section 135C.1 , 8 boarding homes or housing, rest homes, dormitories, college 9 buildings, lodge halls, club rooms, public meeting places, 10 places of amusement, apartment buildings, food establishments 11 as defined in section 137F.1 , and all other buildings or 12 structures in which persons congregate from time to time, 13 whether publicly or privately owned. Violation of a rule 14 adopted by the fire marshal is a simple misdemeanor. However, 15 upon proof that the fire marshal gave written notice to the 16 defendant of the violation, and proof that the violation 17 constituted a clear and present danger to life, and proof that 18 the defendant failed to eliminate the condition giving rise 19 to the violation within thirty days after receipt of notice 20 from the fire marshal, the penalty is that provided by law for 21 a serious misdemeanor. Each day of the continuing violation 22 of a rule after conviction of a violation of the rule is a 23 separate offense. A conviction is subject to appeal as in 24 other criminal cases. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill requires the fire marshal to adopt rules for 29 standards relating to carbon monoxide protection. A person 30 who violates a rule adopted by the fire marshal is guilty of 31 a simple misdemeanor. A simple misdemeanor is punishable by 32 confinement for no more than 30 days or a fine of at least $65 33 but not more than $625 or by both. However, a person who fails 34 to remedy a violation that constitutes a clear and present 35 -1- LSB 1474XS (2) 88 ss/rn 1/ 2
S.F. 67 danger to life 30 days after receiving written notice is guilty 1 of a serious misdemeanor. A serious misdemeanor is punishable 2 by confinement for no more than one year and a fine of at least 3 $315 but not more than $1,875. 4 -2- LSB 1474XS (2) 88 ss/rn 2/ 2