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