100.1 FIRE MARSHAL.
The chief officer of the division of state fire marshal in the
department of public safety shall be known as the state fire marshal.
The fire marshal's duties shall be as follows:
1. To enforce all laws of the state relating to the suppression
of arson, and to apprehend those persons suspected of arson;
2. To investigate into the cause, origin and circumstances of
fires;
3. To promote fire safety and reduction of loss by fire through
educational methods;
4. To enforce all laws, and the rules and regulations of the Iowa
department of public safety, concerned with:
a. The prevention of fires;
b. The storage, transportation, handling, and use of
flammable liquids, combustibles, and explosives;
c. The storage, transportation, handling and use of liquid
petroleum gas;
d. The electric wiring and heating, and adequate means of
exit in case of fire, from churches, schools, hotels, theaters,
amphitheaters, asylums, hospitals, health care facilities as defined
in section 135C.1, college buildings, lodge halls, public meeting
places, and all other structures in which persons congregate from
time to time, whether publicly or privately owned;
5. To promulgate fire safety rules. The state fire marshal shall
have exclusive right to promulgate fire safety rules as they apply to
enforcement or inspection requirements by the state fire marshal, but
the rules shall be promulgated only after public hearing. Wherever
by any statute the fire marshal or the department of public safety is
authorized or required to promulgate, proclaim, or amend rules and
minimum standards regarding fire hazards or fire safety or protection
in any establishment, building or structure, the rules and standards
shall promote and enforce fire safety, fire protection and the
elimination of fire hazards as the rules may relate to the use,
occupancy and construction of the buildings, establishments or
structures. The word "construction" shall include, but is not
limited to, electrical wiring, plumbing, heating, lighting,
ventilation, construction materials, entrances and exits, and all
other physical conditions of the building which may affect fire
hazards, safety or protection. The rules and minimum standards shall
be in substantial compliance except as otherwise specifically
provided in this chapter, with the standards of the national fire
protection association relating to fire safety as published in the
national fire codes.
6. To adopt rules designating a fee to be assessed to each
building, structure, or facility for which a fire safety inspection
or plan review by the state fire marshal is required by law. The fee
designated by rule shall be set in an amount that is reasonably
related to the costs of conducting the applicable inspection or plan
review. The fees collected by the state fire marshal shall be
deposited in the general fund of the state.
7. To administer the fire extinguishing system contractor, alarm
system contractor, and alarm system installer certification program
established in chapter 100C. Section History: Early Form
[S13, § 2468-a, -m; C24, 27, 31, 35, 39, § 1619; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 100.1; 81 Acts, ch 46, § 1] Section History: Recent Form
92 Acts, ch 1163, § 25; 2000 Acts, ch 1229, §20; 2003 Acts, ch
165, §17; 2003 Acts, ch 166, §1; 2004 Acts, ch 1125, §1; 2007 Acts,
ch 197, §1, 50; 2008 Acts, ch 1032, §190
Referred to in § 101C.2, 237.3
100.2 DUTIES OF FIRE OFFICIALS.
The chief of the fire department or the chief's designee of every
city or township in which a fire department is established or the
chief of the fire department or the chief's designee responding to
every township fire where there is a contract for fire protection in
effect shall investigate into the cause, origin and circumstances of
every fire occurring in the city or township by which property has
been destroyed or damaged or which results in bodily injury to a
person, and determine whether the fire was the result of natural
causes, negligence or design. The state fire marshal may assist in
the investigation or may direct the investigation if the fire marshal
finds it necessary. Section History: Early Form
[S13, § 2468-d, -e; C24, 27, 31, 35, 39, § 1624; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 100.2] Section History: Recent Form
84 Acts, ch 1095, § 1
Referred to in § 100.3, 100.4
100.3 REPORTS OF FIRES AND EMERGENCY RESPONSES.
When death, serious bodily injury, or property damage in excess of
two hundred thousand dollars has occurred as a result of a fire, or
if arson is suspected, the fire official required by section 100.2 to
make fire investigations, shall notify the state fire marshal's
division immediately. For all other fires causing an estimated
damage of fifty dollars or more or emergency responses by the fire
service, the fire official required by section 100.2 to investigate
shall file a report with the fire marshal's division within ten days
following the end of the month. The report shall indicate all fire
incidents occurring which have an estimated damage of fifty dollars
or more and state for each incident the name of the owners and
occupants of the property at the time of the fire, the value of the
property, the estimated total loss to the property, the origin of the
fire as determined by investigation, and other facts, statistics, and
circumstances concerning the fire incident. The report on each
emergency response shall include the nature of the incident and other
facts, statistics and circumstances concerning the emergency
response. Section History: Early Form
[S13, § 2468-e; C24, 27, 31, 35, 39, § 1625; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.3] Section History: Recent Form
84 Acts, ch 1095, § 2; 86 Acts, ch 1018, § 1
Referred to in § 100.4, 100.5
100.4 PENALTY FOR NONREPORTING.
The failure or refusal of a fire official to make an investigation
or report required by sections 100.2 and 100.3 is a simple
misdemeanor. Section History: Early Form
[S13, § 2468-e; C24, 27, 31, 35, 39, § 1626; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.4] Section History: Recent Form
84 Acts, ch 1095, § 3
100.5 REPORTS -- WHEN PUBLIC RECORDS.
Reports required by section 100.3 shall be kept on file for public
inspection in the fire marshal's office. In those circumstances
where disclosure of particular facts in the reports would plainly and
seriously jeopardize an investigation of criminal activity, the
portions of the reports pertaining to the facts are classified as
peace officers' investigative reports and subject to section 22.7.
Reports and records on investigations made by the state fire
marshal's office are the same as peace officers' investigative
reports and subject to section 22.7. Section History: Early Form
[S13, § 2468-f; C24, 27, 31, 35, 39, § 1627; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.5; 81 Acts, ch 47, § 1] Section History: Recent Form
84 Acts, ch 1095, § 4
Arson investigation disclosures; see chapter 100A
100.6 TESTIMONY UNDER OATH.
The fire marshal or the fire marshal's designated subordinate
shall, when in the fire marshal's or subordinate's opinion further
investigation is necessary, take or cause to be taken the testimony
under oath of all persons supposed to have knowledge of any facts, or
to have means of knowledge in relation to the matter in which an
examination is herein required to be made, and shall cause the same
to be reduced to writing. Section History: Early Form
[S13, § 2468-g; C24, 27, 31, 35, 39, § 1628; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.6]
100.7 OATHS -- ATTENDANCE OF WITNESSES.
The fire marshal and the fire marshal's designated subordinates
shall each have power in any county in the state to administer an
oath and compel the attendance of witnesses before them, or either of
them, to testify in relation to any matter which is by the provisions
of this chapter a subject of inquiry and investigation, and may
require the production of any books, papers, or documents necessary
for such investigation. Section History: Early Form
[S13, § 2468-h; C24, 27, 31, 35, 39, § 1629; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.7]
100.8 REFUSAL TO TESTIFY OR PRODUCE BOOKS.
Any witness who refuses to be sworn, except as otherwise provided
by law, or who disobeys any lawful order of said fire marshal, or the
fire marshal's designated subordinates, or who fails to produce any
books, papers, or documents touching any matter under examination,
shall be guilty of a simple misdemeanor. Section History: Early Form
[S13, § 2468-h; C24, 27, 31, 35, 39, § 1630; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.8]
100.9 CRIMES IN CONNECTION WITH FIRES.
If the fire marshal shall be of the opinion that there is evidence
sufficient to charge any person with the crime of arson, or with
attempt to commit the crime of arson, or of conspiracy to defraud, or
criminal conduct in connection with such fire, the fire marshal shall
cause such person to be arrested and charged with the offense, or
either of them, and shall furnish to the proper county attorney all
such evidence, together with the names of witnesses and all of the
information obtained, including a copy of all matter and testimony
taken in the case. Section History: Early Form
[S13, § 2468-g; C24, 27, 31, 35, 39, § 1631; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.9]
100.10 AUTHORITY TO ENTER AND INSPECT.
The state fire marshal, and the fire marshal's designated
subordinates, in the performance of their duties, shall have
authority to enter any building or premises and to examine the same
and the contents thereof. Section History: Early Form
[S13, § 2468-i; C24, 27, 31, 35, 39, § 1632; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.10]
100.11 FIRE ESCAPES.
It shall be the duty of the fire marshal to enforce all laws
relating to fire escapes. Section History: Early Form
[C39, § 1632.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 100.11]
100.12 AUTHORITY FOR INSPECTION -- ORDERS.
The chief of a fire department or an authorized subordinate who is
trained in fire prevention safety standards may enter a building or
premises at a reasonable hour to examine the building or premises and
its contents. The examining official shall order the correction of a
condition which is in violation of this chapter, a rule adopted under
this chapter, or a city or county fire safety ordinance. The order
shall be in writing or, if the danger is imminent, orally followed by
a written order. The examining official shall enforce the order in
accordance with the applicable law or ordinance. At the request of
the examining official the state fire marshal may assist in an
enforcement action. Section History: Early Form
[C31, 35, § 1632-c1; C39, § 1632.2; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 100.12; 82 Acts, ch 1157, § 1] Section History: Recent Form
84 Acts, ch 1095, § 5
100.13 VIOLATIONS -- ORDERS.
1. If a person has violated or is violating a provision of this
chapter or a rule adopted pursuant to this chapter, the state fire
marshal, the chief of any fire department, or the fire prevention
officer of a fire department organized under chapter 400 may issue an
order directing the person to desist in the practice which
constitutes the violation and to take corrective action as necessary
to ensure that the violation will cease. The order shall be in
writing and shall specify a reasonable time by which the person shall
comply with the order. The person to whom the order is issued may
appeal the order as provided in chapter 17A. On appeal, the
administrative law judge may affirm, modify, or vacate the order.
Judicial review may be sought in accordance with chapter 17A.
2. Notwithstanding any other provision of law to the contrary, if
the state fire marshal determines that an emergency exists respecting
any matter affecting or likely to affect the public safety, the fire
marshal may issue any order necessary to terminate the emergency
without notice or hearing. An emergency order is binding and
effective immediately, until or unless the order is modified,
vacated, or stayed at an administrative hearing or by a district
court. Section History: Early Form
[S13, § 2468-j; C24, 27, 31, 35, 39, § 1633; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.13; 82 Acts, ch 1157, § 2] Section History: Recent Form
94 Acts, ch 1078, §1
Referred to in § 100.14
100.14 LEGAL PROCEEDINGS -- PENALTIES -- INJUNCTIVE
RELIEF.
At the request of the state fire marshal, the county attorney
shall institute any legal proceedings on behalf of the state
necessary to obtain compliance or enforce the penalty provisions of
this chapter or rules or orders adopted or issued pursuant to this
chapter, including, but not limited to, a legal action for injunctive
relief. The county attorney or any other attorney acting on behalf
of the chief of a fire department or a fire prevention officer may
institute legal proceedings, including, but not limited to, a legal
action for injunctive relief, to obtain compliance or enforce the
penalty provisions or orders issued pursuant to section 100.13. Section History: Early Form
[C24, 27, 31, 35, 39, § 1634; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 100.14] Section History: Recent Form
94 Acts, ch 1078, §2
Referred to in § 100.16
100.15 Repealed by 94 Acts, ch 1078, § 9.
100.16 JUDICIAL REVIEW -- COURT COSTS.
1. Judicial review of actions of the fire marshal may be sought
in accordance with the terms of the Iowa administrative procedure Act
pursuant to chapter 17A. If legal proceedings have been instituted
pursuant to section 100.14, all related issues which could otherwise
be raised in a proceeding for judicial review shall be raised in the
legal proceedings instituted pursuant to section 100.14.
2. Upon judicial review of the fire marshal's action, if the
court affirms the agency action, the court shall tax all court costs
of the review proceeding against the appellant. However, if the
court reverses, revokes, or annuls the fire marshal's action, the
court shall tax all court costs of the review proceeding against the
agency. If the fire marshal's action is modified or the matter is
remanded to the agency for further proceedings, the court shall
apportion the court costs within the discretion of the court. Section History: Early Form
[S13, § 2468-j; C24, 27, 31, 35, 39, § 1636; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.16] Section History: Recent Form
94 Acts, ch 1078, §3
100.17 Repealed by 94 Acts, ch 1078, § 9.
100.18 SMOKE DETECTORS.
1. As used in this section:
a. "Dormitory" means a residential building or portion of a
building at an educational institution which houses students in rooms
not individually equipped with cooking facilities.
b. "Multiple-unit residential building" means a residential
building, an apartment house, or a portion of a building or an
apartment house with two or more units, hotel, motel, dormitory, or
rooming house.
c. "Smoke detector" means a device which detects visible or
invisible particles of combustion and which incorporates control
equipment and an alarm-sounding unit operated from a power supply
either in the unit or obtained at the point of installation.
2. a. Except as provided in subsection 3, multiple-unit
residential buildings and single-family dwellings the construction of
which is begun on or after July 1, 1991, shall include the
installation of smoke detectors in compliance with the rules
established by the state fire marshal under subsection 4.
b. The rules shall require the installation of smoke
detectors in existing single-family rental units and multiple-unit
residential buildings. Existing single-family dwelling units shall
be equipped with approved smoke detectors. A person who files for a
homestead credit pursuant to chapter 425 shall certify that the
single-family dwelling unit for which the credit is filed has a smoke
detector installed in compliance with this section, or that one will
be installed within thirty days of the date the filing for the credit
is made. The state fire marshal shall adopt rules and establish
appropriate procedures to administer this subsection.
c. An owner or an owner's agent of a multiple-unit
residential building or single-family dwelling shall supply
light-emitting smoke detectors, upon request, for a tenant with a
hearing impairment.
3. This section does not require the following:
a. The installation of smoke detectors in multiple-unit
residential buildings which, on July 1, 1981, are equipped with heat
detection devices or a sprinkler system with alarms approved by the
state fire marshal.
b. The installation of smoke detectors in hotels, motels, and
dormitories equipped with an automatic smoke detection system
approved by the state fire marshal.
4. The state fire marshal shall enforce the requirements of
subsection 2 and may implement a program of inspections to monitor
compliance with the provisions of that subsection. Upon inspection,
the state fire marshal shall issue a written notice to the owner or
manager of a multiple-unit residential building or single-family
dwelling informing the owner or manager of compliance or
noncompliance with this section. The state fire marshal may contract
with any political subdivision without fee assessed to either the
state fire marshal or the political subdivision, for the performance
of the inspection and notification responsibilities. The inspections
authorized under this section are limited to the placement, repair,
and operability of smoke detectors. Any broader inspection authority
is not derived from this section. The state fire marshal shall adopt
rules under chapter 17A as necessary to enforce this section
including rules concerning the placement of smoke detectors and the
use of acceptable smoke detectors. The smoke detectors shall display
a label or other identification issued by an approved testing agency
or another label specifically approved by the state fire marshal.
5. The inspection of a building or notification of compliance or
noncompliance under this section is not the basis for a legal cause
of action against the political subdivision, state fire marshal, the
fire marshal's subordinates, chiefs of local fire departments,
building inspectors, or other fire, building, or safety officials due
to a failure to discover a latent defect in the course of the
inspection.
6. If a smoke detector is found to be inoperable the owner or
manager of the multiple-unit residential building or single-family
dwelling shall correct the situation within fourteen days after
written notification to the owner or manager by the tenant, guest,
roomer, state fire marshal, fire marshal's subordinates, chiefs of
local fire departments, building inspectors, or other fire, building,
or safety officials. If the owner or manager of a multiple-unit
residential building fails to correct the situation within the
fourteen days the tenant, guest, or roomer may cause the smoke
detector to be repaired or purchase and install a smoke detector
required under this section and may deduct the repair cost or
purchase price from the next rental payment or payments made by the
tenant, guest, or roomer. However, a lessor or owner may require a
lessee, tenant, guest, or roomer who has a residency of longer than
thirty days to provide the battery for a battery operated smoke
detector.
7. No person may render inoperable a smoke detector, which is
required to be installed by this section, by tampering.
8. A person who violates a provision of this section or a rule
adopted pursuant to this section is guilty of a simple misdemeanor.
Section History: Early Form
[81 Acts, ch 45, § 1, 2; 82 Acts, ch 1157, § 7] Section History: Recent Form
83 Acts, ch 198, § 13; 91 Acts, ch 64, §1--6; 94 Acts, ch 1078,
§4; 2008 Acts, ch 1032, §17
100.19 Repealed by 94 Acts, ch 1078, § 9.
100.20 COUNTY ATTORNEY.
The county attorney shall represent the state and the fire
marshal, but not to the exclusion of any other attorney who may be
engaged in said cause. Section History: Early Form
[C24, 27, 31, 35, 39, § 1640; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 100.20]
Referred to in § 331.756(23)
100.21 AND 100.22 Repealed by 74 Acts, ch 1090, §
211.
100.23 Repealed by 94 Acts, ch 1078, § 9.
100.24 AND 100.25 Repealed by 74 Acts, ch 1090, §
211.
100.26 TIME FOR COMPLIANCE WITH ORDER -- PENALTY.
If a petition of review has not been filed or the court on review
has affirmed or modified an order for the removal, destruction, or
repair of a building, or the removal of any of its contents, or the
change of any of its conditions, the owner, lessee, or occupant shall
comply with the order within thirty days after the delivery of the
order or a copy of the order to the person, either personally or by
certified letter to the last known address, or by service upon the
person's appointed agent. Failure of the owner, lessee, or occupant
to comply with the order shall subject the owner, lessee, or occupant
to a penalty of ten dollars for each day of failure or neglect after
the expiration of the period. The penalty shall be recovered in the
name of the state and paid into the treasury of the political
subdivision which issues the order or the treasurer of state if the
order is issued by the state. If the owner, lessee, or occupant
cannot reasonably comply with the order within thirty days and a good
faith effort at compliance has been made within thirty days, the
owner, lessee, or occupant shall not be subject to a penalty under
this section. However, the penalty may be imposed on the person upon
a failure to continue the good faith compliance with the order. Section History: Early Form
[S13, § 2468-j; C24, 27, 31, 35, 39, § 1646; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.26] Section History: Recent Form
84 Acts, ch 1095, § 6; 94 Acts, ch 1078, §5
100.27 THROUGH 100.29 Repealed by 94 Acts, ch 1078,
§ 9.
100.30 INVESTIGATION MAY BE PRIVATE.
Investigation by or under the direction of the state fire marshal
or the fire marshal's designated subordinates may in their discretion
be private. They may exclude from the place where such investigation
is held all persons other than those required to be present, and
witnesses may be kept separate from each other and not allowed to
communicate with each other until they have been examined. Section History: Early Form
[C24, 27, 31, 35, 39, § 1650; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 100.30]
100.31 FIRE AND TORNADO DRILLS IN PUBLIC SCHOOLS.
It shall be the duty of the state fire marshal and the fire
marshal's designated subordinates to require all private and public
school officials and teachers to conduct not less than four fire
drills and not less than four tornado drills in all school buildings
during each school year when school is in session; and to require the
officials and teachers of all schools to keep all doors and exits of
their respective rooms and buildings unlocked when occupied during
school hours or when such areas are being used by the public at other
times. Not less than two drills of each type shall be conducted
between July 1 and December 31 of each year and not less than two
drills of each type shall be conducted between January 1 and June 30
of each year.
Every school building with two or more classrooms shall have a
warning system for fires of a type approved by the underwriters'
laboratories and by the state fire marshal. The warning system shall
be used only for fire drills or as a warning for emergency. Schools
may modify the fire warning system for use as a tornado warning
system or shall install a separate tornado warning system. Every
school building shall also be equipped with portable fire
extinguishers, with the type, size and number in accordance with
national fire protection association standards and approved by the
state fire marshal.
The state fire marshal or the fire marshal's deputies shall cause
each public or private school, college or university to be inspected
at least once every two years to determine whether each school meets
the fire safety standards of this Code and is free from other fire
hazards. Provided, however, that cities which employ fire department
inspectors shall cause such inspections to be made. Section History: Early Form
[S13, § 2468-k; C24, 27, 31, 35, 39, § 1651; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.31] Section History: Recent Form
94 Acts, ch 1078, §6
100.32 Repealed by 98 Acts, ch 1008, § 4.
100.33 ANNUAL REPORT.
The state fire marshal shall file with the governor annually, at
the time provided by law, a detailed report of the fire marshal's
official acts and of the affairs of the fire marshal's office which
report shall be published and distributed as the reports of other
state officers. Section History: Early Form
[S13, § 2468-n; C24, 27, 31, 35, 39, § 1653; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 100.33]
100.34 Repealed by 91 Acts, ch 268, § 519.
100.35 RULES OF MARSHAL.
The fire marshal shall adopt, and may amend rules under chapter
17A, which include standards relating to exits and exit lights, fire
escapes, fire protection, fire safety and the elimination of fire
hazards, in and for churches, schools, hotels, theaters,
amphitheaters, hospitals, health care facilities as defined in
section 135C.1, boarding homes or housing, rest homes, dormitories,
college buildings, lodge halls, club rooms, public meeting places,
places of amusement, apartment buildings, food establishments as
defined in section 137F.1, and all other buildings or structures in
which persons congregate from time to time, whether publicly or
privately owned. Violation of a rule adopted by the fire marshal is
a simple misdemeanor. However, upon proof that the fire marshal gave
written notice to the defendant of the violation, and proof that the
violation constituted a clear and present danger to life, and proof
that the defendant failed to eliminate the condition giving rise to
the violation within thirty days after receipt of notice from the
fire marshal, the penalty is that provided by law for a serious
misdemeanor. Each day of the continuing violation of a rule after
conviction of a violation of the rule is a separate offense. A
conviction is subject to appeal as in other criminal cases.
Rules by the fire marshal affecting the construction of new
buildings, additions to buildings or rehabilitation of existing
buildings and related to fire protection, shall be substantially in
accord with the provisions of the nationally recognized building and
related codes adopted as the state building code pursuant to section
103A.7 or with codes adopted by a local subdivision which are in
substantial accord with the codes comprising the state building code.
The rules adopted by the state fire marshal under this section
shall provide standards for fire resistance of cellulose insulation
sold or used in this state, whether for public or private use. The
rules shall provide for approval of the cellulose insulation by at
least one nationally recognized independent testing laboratory. Section History: Early Form
[S13, § 2514-j, -k, -l; SS15, § 2514-i, -n, -o, 4999-a10; C24, 27,
31, 35, 39, § 1671, 2843--2850; C46, 50, 54, § 103.12,
170.38--170.45; C58, § 100.35, 103.12, 170.38--170.45; C62, 66, 71,
73, 75, 77, § 100.35, 103.12, 107.38; C79, 81, § 100.35, 103.12,
170.38, 170A.9, 170B.13; 81 Acts, ch 46, § 2, 4; 82 Acts, ch 1157, §
3] Section History: Recent Form
88 Acts, ch 1278, § 23; 98 Acts, ch 1162, § 2, 30; 2004 Acts, ch
1086, §28
Referred to in § 100.51, 137C.18, 137C.35, 137F.15
100.36 Repealed by 87 Acts, ch 10, § 1.
100.37 Repealed by 76 Acts, ch 1245(4), § 525.
100.38 CONFLICTING STATUTES.
Provisions of this chapter in conflict with the state building
code, as adopted pursuant to section 103A.7, shall not apply where
the state building code has been adopted or when the state building
code applies throughout the state. Section History: Early Form
[C73, 75, 77, 79, 81, § 100.38] Section History: Recent Form
2004 Acts, ch 1086, §29
100.39 FIRE EXTINGUISHERS IN HIGH-RISE BUILDINGS.
1. All buildings approved for construction after July 1, 1998,
that exceed four stories in height, or seventy-five feet above grade,
shall require the installation of an approved automatic fire
extinguishing system designed and installed in conformity with rules
promulgated by the state fire marshal pursuant to this chapter.
2. The requirements of this section shall not apply to the
following:
a. Any noncombustible elevator storage structure or any
noncombustible plant building with noncombustible contents.
b. Any combustible elevator storage structure that is
equipped with an approved drypipe, nonautomatic sprinkler and
automatic alarm system.
c. Buildings in existence or under construction on August 15,
1975. However, if subsequent to that date any building is enlarged or
altered beyond the height limitations applicable to new buildings,
such building in its entirety shall be subject to all the provisions
of this section.
d. Any open parking garage structure which is in compliance
with rules adopted by the state fire marshal.
3. Plans and installation of systems shall be approved by the
state fire marshal, a designee of the state fire marshal, or local
authorities having jurisdiction. Except where local fire protection
regulations are more stringent, the provisions of this section shall
be applicable to all buildings, whether privately or publicly owned.
The definition of terms shall be in conformity, insofar as possible,
with definitions found in the state building code adopted pursuant to
section 103A.7.
4. Any person violating the provisions of this section is guilty
of a misdemeanor and shall, upon conviction, be subject to a fine not
to exceed one hundred dollars or by imprisonment in the county jail
for not more than thirty days, or be subject to both such fine and
imprisonment. Section History: Early Form
[C77, 79, 81, § 100.39] Section History: Recent Form
90 Acts, ch 1029, §1; 98 Acts, ch 1008, §1; 2004 Acts, ch 1086,
§30; 2008 Acts, ch 1032, § 201
100.40 MARSHAL MAY PROHIBIT OPEN BURNING ON
REQUEST.
1. The state fire marshal, during periods of extremely dry
conditions or under other conditions when the state fire marshal
finds open burning constitutes a danger to life or property, may
prohibit open burning in an area of the state at the request of the
chief of a local fire department, a city council or a board of
supervisors and when an investigation supports the need for the
prohibition. The state fire marshal shall implement the prohibition
by issuing a proclamation to persons in the affected area. The chief
of a local fire department, the city council or the board of
supervisors that requested the prohibition may rescind the
proclamation after notifying the state fire marshal of the intent to
do so, when the chief, city council or board of supervisors finds
that the conditions responsible for the issuance of the proclamation
no longer exist.
2. Violation of a prohibition issued under this section is a
simple misdemeanor.
3. A proclamation issued by the state fire marshal pursuant to
this section shall not prohibit a supervised, controlled burn for
which a permit has been issued by the fire chief of the fire district
where the burn will take place, the use of outdoor fireplaces,
barbecue grills, properly supervised landfills, or the burning of
trash in incinerators or trash burners made of metal, concrete,
masonry, or heavy one-inch wire mesh, with no openings greater than
one square inch. Section History: Early Form
[S81, § 100.40; 81 Acts, ch 48, § 1] Section History: Recent Form
97 Acts, ch 19, §1
100.41 AUTHORITY TO CITE VIOLATIONS.
Fire officials acting under the authority of this chapter may
issue citations in accordance with chapter 805, for violations of
this chapter or a violation of a local fire safety code. Section History: Recent Form
84 Acts, ch 1095, § 8
100.42 THROUGH 100.50 Reserved.
100.51 APPLICATION FOR WARRANT.
If consent to inspect property damaged or destroyed by fire to
determine the cause, origin and circumstances of the fire or to
inspect property subject to rules adopted under section 100.35 has
been refused to the official authorized to make the inspection, the
state fire marshal, a state arson investigator or official authorized
to make such an inspection may apply to the district court for a
special inspection warrant for authority to conduct the inspection.
Section History: Early Form
[81 Acts, ch 47, § 3]
100.52 GROUNDS FOR ISSUANCE.
The judicial officer shall review the application and may take
sworn testimony or receive affidavits to supplement it.
If the judicial officer is satisfied that there are legal grounds
under the circumstances specified in the application and any
supplementary testimony taken sufficient to justify the issuance of
an inspection warrant, it shall be issued. Section History: Early Form
[81 Acts, ch 47, § 4]
100.53 WARRANT REQUIREMENTS.
Each inspection warrant issued under this chapter shall:
1. State the grounds for its issuance.
2. Be directed to the applicant or some other designated person
authorized to conduct the inspection.
3. Command the person to whom it is directed to inspect the area,
premises, building or conveyance identified for the purpose specified
and, if appropriate, direct the seizure of property specified.
4. Identify the item or type of property, if any, to be seized.
5. Direct that it be served, if appropriate, during normal
business hours and designate the magistrate to whom it shall be
returned. Section History: Early Form
[81 Acts, ch 47, § 5]
100.54 EXECUTION OF WARRANT.
A warrant issued under this chapter must be executed and returned
within ten days from the date of issuance unless, upon the showing of
a need for additional time, the court so instructs otherwise in the
warrant. A copy of the warrant shall be delivered to a person in
charge of the premises being inspected or, if no one is present, a
copy of the warrant shall be posted upon the premises. If property
is seized pursuant to a warrant, the person executing the warrant
shall give to the person from whom the property is seized, or the
person in charge of the premises from which the property is seized, a
receipt for the property seized or shall leave the copy and receipt
at the place from which the property is seized. The return of the
warrant shall be made promptly and accompanied by a written inventory
of property seized. The inventory shall be made in the presence of
the person executing the warrant and of the person from whose
possession or premises the property was seized, if they are present,
or in the presence of at least one credible person other than the
person executing the warrant.
A copy of the return, the inventory and any receipts issued shall
be promptly filed with the clerk of the district court for the county
in which the inspection is made. Section History: Early Form
[81 Acts, ch 47, § 6]