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, fireworks, 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 pursuant to chapter 17A. 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.
8. To order the suspension of the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2, if the fire marshal determines that the use of such devices would constitute a threat to public safety.
[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]
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; 2010 Acts, ch 1014, §1; 2017 Acts, ch 115, §1, 2, 12
Referred to in §101C.2, 237.3
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 100 - STATE FIRE MARSHAL
Section 100.2 - Duties of fire officials.
Section 100.3 - Reports of fires and emergency responses.
Section 100.4 - Penalty for nonreporting.
Section 100.5 - Reports — when public records.
Section 100.6 - Testimony under oath.
Section 100.7 - Oaths — attendance of witnesses.
Section 100.8 - Refusal to testify or produce books.
Section 100.9 - Crimes in connection with fires.
Section 100.10 - Authority to enter and inspect.
Section 100.11 - Fire escapes.
Section 100.12 - Authority for inspection — orders.
Section 100.13 - Violations — orders.
Section 100.14 - Legal proceedings — penalties — injunctive relief.
Section 100.15 - Hearing on review.
Section 100.16 - Judicial review — court costs.
Section 100.17 - Bond — suspension of order.
Section 100.18 - Smoke detectors.
Section 100.19 - Consumer fireworks seller licensing — penalty — fund.
Section 100.19A - Consumer fireworks wholesaler — registration — penalty.
Section 100.20 - County attorney.
Section 100.26 - Time for compliance with order — penalty.
Section 100.30 - Investigation may be private.
Section 100.31 - Fire and tornado drills in schools — warning systems — inspections.
Section 100.33 - Annual report.
Section 100.35 - Rules of marshal — penalties.
Section 100.38 - Conflicting statutes.
Section 100.39 - Fire extinguishers in high-rise buildings.
Section 100.40 - Marshal may prohibit open burning on request.
Section 100.41 - Authority to cite violations.
Section 100.51 - Application for warrant.
Section 100.52 - Grounds for issuance.