100.35 Rules of marshal — penalties.
1. 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.
2. 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.
3. 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.
[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]
88 Acts, ch 1278, §23; 98 Acts, ch 1162, §2, 30; 2004 Acts, ch 1086, §28; 2017 Acts, ch 54, §76
Referred to in §100.51, 137C.18, 137C.35, 137F.15
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.