Notice of Intended Action

State fire marshal administration, ch 200, 210.5(2)

Untitled document

ARC 4652C

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Proposing rule making related to the state fire marshal division

and providing an opportunity for public comment

The State Fire Marshal hereby proposes to amend Chapter 200, "Fire Marshal Administration," and Chapter 210, "Smoke Detectors," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 100.1 and 100.18.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 100.1 and 100.18.

Purpose and Summary

The purpose of the proposed amendments to Chapter 200 is to update the operation of the State Fire Marshal Division. The update includes streamlining the appointment of the State Fire Marshal and amending the process for building plan approvals and fire investigations. Chapter 210 is amended to update the paragraph cited in subrule 210.5(2).

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the provisions of rule 661—10.222(17A).

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on October 1, 2019. Comments should be directed to:

Chandlor Collins

Department of Public Safety

Oran Pape State Office Building

215 East 7th Street

Des Moines, Iowa 50319

Phone: 515.725.6185

Email: collins@dps.ia.state.us

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend 661—Chapter 200 as follows:

CHAPTER 200

STATE FIRE MARSHAL ADMINISTRATION

[Ch 5 as appeared in July 1974 IDR Supplement, rescinded June 30, 1975]

[Prior to 4/20/88, Public Safety Department [680] Ch 5]

[Prior to 11/18/09, see 661—Ch 5]

661—200.1(100) Description. The state fire marshal division is created within the department of public safety. The division headquarters is located in the State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319. The main telephone number for the division is (515)725-6145. The general E-mail email address for the division is fminfo@dps.state.ia.us.

200.1(1) The director of the division is the state fire marshal, who is appointed by and reports to the commissioner of public safety. There is an assistant fire marshal, appointed by the fire marshal, who also serves as chief of the arson and explosives bureau. The assistant fire marshal may act in place of the state fire marshal if the state fire marshal position is vacant or the state fire marshal is absent or unavailable. The director of investigative operations appoints the state fire marshal. The state fire marshal reports to the director of investigative operations.

200.1(2) The division includes the following four five bureaus:

a. Arson and explosives bureau.

b. Fire prevention bureau.

c. Fire service training bureau.

d. Building code bureau.

e. Electrical bureau.

661—200.2(100) No change.

661—200.3(100) Building plan approval and plan review fees. Plans for the proposed construction of certain new buildings or additions, alterations or changes to existing buildings require the approval of the state fire marshal and shall be submitted to the building code bureau.

200.3(1) Plans for initial construction or alterations, changes, additions, renovations or remodeling of the following shall be submitted to the building code bureau, unless the plans have been submitted to a local fire or building department for approval based upon compliance with the rules of the state fire marshal or a local fire ordinance recognized in rule 661—201.5(100):

a. Any educational building or facility serving kindergarten through twelfth grade,

b. Any college or university building or facility,

c. Any child care facility intended to serve seven or more children at one time,

d. Any correctional facility, or

e. Any gaming facility.,

f. Any children's facility, or

g. Any specific occupancy addressed by 661—Chapter 202.

200.3(2) Plans for initial construction or alterations, changes, additions, renovations or remodeling of the following shall be submitted to the building code bureau for approval based upon compliance with rules of the state fire marshal :.Assisted living facilities and residential care facilities shall be considered condition 2 in accordance with the International Building Code definition.

a. Any facility housing an adult day service,

b. Any assisted living facility,

c. Any residential care facility,

d. Any acute residential care facility,

d. e.Any elder group home, or

e. f.Any facility owned by the state or an agency of the state.

200.3(3) No change.

200.3(4) Preliminary reviews. The responsible design professional for a project shall schedule a preliminary meeting with the building code bureau to discuss code compliance issues early in the design development phase. The responsible design professional shall contact the bureau to schedule the preliminary meeting. There is no separate fee for a preliminary meeting. If the responsible design professional plans to request approval to bid the project as part of the preliminary meeting, the responsible design professional shall request a copy of the document "Preliminary Meeting Checklist" at the time the meeting is scheduled and shall be prepared to address all applicable issues identified on the checklist at the preliminary meeting. Approval to bid the project shall not be given unless all applicable issues identified on the checklist have been addressed to the satisfaction of the state fire marshal or the state fire marshal's designee.

200.3(4) 200.3(5) Building plan Construction document submittals.

a. Working plans Plans and specifications. When approval of building construction projects is required by this chapter or when requested by the submitter for other building construction projects covered by this chapter, one complete set of the final working plans and specifications shall be submitted to as required by the building code bureau. The submittal shall comply with Iowa Code chapters 542B and 544A and with 661—subrule 300.4(1). Each submittal shall be examined, and the submitter shall be notified of the findings. If the working plans and specifications comply with this chapter, an approval letter shall be sent to the submitter.

b. Shop drawings. Shop drawings, equipment specifications and supporting documentation for fire alarm and sprinkler protection and life safety systems shall be submitted for review and approval and signed by a responsible managing employee licensed in accordance with Iowa Code chapter 100C. If the system is being installed as part of a project which has been designed by an engineer or architect, the submittal shall be approved by the responsible architect or engineer prior to submittal to the fire marshal. Each submittal shall be examined, and the submitter shall be notified of the findings. Only one copy of shop drawings, equipment specifications and supporting documentation is required. Staff of the building code bureau shall send a letter of approval to the submitter in lieu of returning approved shop drawings.

c. Approvals. Each submittal shall be examined, and the submitter shall be notified of the findings. If the submittal complies with this chapter, an approval letter shall be sent to the submitter. If the submittal is not acceptable, the building code bureau shall notify the submitter of the deficiencies. If, after such review, the submitter disputes the findings of the plan reviewer, the submitter may request that the disputed questions be reviewed by the state fire marshal or the state fire marshal's designee.

c. d.Changes. No changes shall be made to the approved final working plans and specifications construction documents or shop drawings unless the changes are submitted to and approved by the building code bureau.

200.3(5) If the blueprints and specifications are not acceptable, the building code bureau shall notify the submitter of the deficiencies and request that the submitter either forward changes or request a review of the blueprints and specifications with the building code bureau.

200.3(6) If, after such review, the submitter disputes the findings of the plan reviewer, the submitter may request that the disputed questions be reviewed by the building code commissioner and the chief of the fire prevention bureau.

200.3(7) If the submitter disputes the findings of the building code commissioner and the chief of the fire prevention bureau, the submitter may appeal to the fire marshal under the provisions of rule 661—200.2(100).

200.3(8) 661—subrule 300.4(2), paragraphs "b" and "c," are adopted by reference.

Note: 661—subrule 300.4(2) establishes fees for plan reviews.

200.3(9) The responsible design professional for a project shall schedule a preliminary meeting with the building code bureau to discuss code compliance issues early in the design development phase. The responsible design professional shall contact the bureau to schedule the preliminary meeting. There is no separate fee for a preliminary meeting. If the responsible design professional plans to request approval to bid the project as part of the preliminary meeting, the responsible design professional shall request a copy of the document "Preliminary Meeting Checklist" at the time the meeting is scheduled and shall be prepared to address all applicable issues identified on the checklist at the preliminary meeting. Approval to bid the project shall not be given unless all applicable issues identified on the checklist have been addressed to the satisfaction of the state fire marshal or the state fire marshal's designee.

200.3(10) A construction project that is subject to a provision of this chapter or 661—Chapter 201 that requires compliance with a provision of the 2015 edition of any code published by the International Code Council may comply with either the current requirements of this chapter and 661—Chapter 201 or the provisions of this chapter and 661—Chapter 201 as they applied prior to July 1, 2016, if construction has commenced on or prior to September 30, 2016. "Commenced" means the submitter has received preliminary approval of the plans. If a construction project receives preliminary approval based upon the provisions of this chapter and 661—Chapter 201 as they applied prior to July 1, 2016, then final approval must be received on or prior to December 31, 2016.

661—200.4(100,101,101A) Inspections and inspection fees. Certain buildings, facilities, and installations as designated in the Iowa Code are required to comply with the Iowa Code and rules of the state fire marshal. The state fire marshal determines and enforces such compliance. To do so, the state fire marshal or any employee of the state fire marshal or local fire department authorized by the state fire marshal may enter such building or premises at any time without notice to inspect it the building or premises.

200.4(1) No change.

200.4(2) An inspection to evaluate compliance with the rules of the state fire marshal shall be conducted by the state fire marshal or by a consultant as requested by the state fire marshal. A consultant is a person with the necessary degree of training, education or experience to examine a system within a building required to be in compliance with the rules of the state fire marshal and determine if such the system or systems are is in compliance with such requirements. If a consultant who is not employed by the state fire marshal is engaged to conduct an inspection, the consultant shall be accompanied by an employee of the state fire marshal or of a local fire department while conducting the inspection.

200.4(3) No change.

200.4(4) An employee of the state fire marshal or an employee of a local fire department acting on behalf of the state fire marshal, upon arriving at a building, facility, or installation in order to conduct an inspection, shall advise the owner or the person in control of the building, if that person is available. If a person in such a position cannot be contacted, the inspection shall commence in any event. If the owner or the owner's representative wishes to accompany the employee during the inspection, the owner or the owner's representative may do so, provided that the inspection is not delayed.

200.4(5) No change.

200.4(6) Upon completion of the inspection, if the building, facility, or installation does not comply with applicable laws or rules, the employee or consultant shall identify specific provisions with which the building, facility, or installation does not comply and shall notify the owner. The owner may be ordered to correct or repair the deficiency. The owner may order the building, facility, or installation removed or demolished, in lieu of correcting the deficiency.

a. Copies of the notice of deficiencies or order shall be distributed to the state fire marshal's office and the fire department having jurisdiction. The employee or consultant signing the order shall retain a copy.

b. The time allowed to comply with the order shall be determined by the employee or consultant, who shall consider the likelihood that a fire may occur, the possibility of personal injury or property loss, the cost and availability of materials and labor to correct, repair, remove or demolish, and other relevant information.

c. If the owner of the building, facility, or installation does not agree with the deficiency findings and order, the owner may appeal the order to the state fire marshal under rule 661—200.2(100).

200.4(7) Inspection fees. The following fees shall apply respectively to inspections of the facilities of the types listed where a certificate of inspection from the state fire marshal is required in order to obtain licensure or certification under Iowa law. The inspection fee shall be paid by check made payable to the State Fire Marshal Division, Iowa Department of Public Safety. If a certificate of occupancy is required for use of the building, facility, or installation, the certificate shall not be issued until the inspection fee has been paid.

a. to d. No change.

e. When an initial inspection which requires a fee pursuant to paragraphs paragraph 200.4(7)"a," "b," or "c" of this subrule results in a finding of a deficiency or deficiencies which require a reinspection, the initial reinspection shall be performed without the imposition of any additional fee. If the original deficiency or deficiencies have not been corrected at the time of the initial reinspection, then a fee of $125 for each additional reinspection after the initial reinspection is required until the original deficiency or deficiencies have been corrected.

f. The fee for a suitability inspection of a prospective site for a building, facility, or installation which may seek licensure or certification from the state of Iowa is $150.

661—200.5(100) Certificates Order for licensure. Several Iowa statutes provide that a license to conduct certain functions may not be issued until the state fire marshal has approved the building, facility, or installation to be used for such function. Upon completion of an inspection showing the building, facility, or installation to be in compliance with applicable rules of the state fire marshal, the owner or the owner's agent may request the issuance of a certificate of occupancy specifying an order granting that the building, facility, or installation is approved for the specific use requiring licensure. Upon receipt of the request, provided that the building, facility, or installation is found to be in compliance with applicable rules of the state fire marshal and all applicable fees have been paid, the state fire marshal shall issue such a certificate an order. If the building, facility, or installation is found not to be in compliance, the person requesting the certificate order may file a petition requesting a review , and the same procedure is used as if an order were being appealed. Upon completion of the appeal process, if the building, facility, or installation is found to be in compliance, a certificate an order granting compliance will then be issued.

661—200.6(100) Fire investigations.

200.6(1) The state fire marshal has the authority to investigate any fire in the state of Iowa.

a. The state fire marshal may initiate an investigation of any fire at the discretion of the state fire marshal.

b. Any local fire or law enforcement official may request the state fire marshal to investigate any fire. Such investigation shall be undertaken at the discretion of the state fire marshal.

200.6(2) Local fire officials have the primary responsibility to and shall investigate fires. A local fire official who investigates a fire shall file a report of each fire investigated with the state fire marshal division within one week of the fire even if the state fire marshal division participated in, assisted with, directed or supervised the fire investigation. Upon written request, the state fire marshal may grant an extension of the time for filing this report for a period not to exceed 14 days. The request shall set forth compelling reasons for such extension.

200.6(3) A local fire official who investigates a fire shall immediately report a fire that involves death or suspected arson and shall do so by contacting the member of the fire marshal division assigned to that area or, if that member is not available, another member of the fire marshal division. If direct contact with the fire marshal division is impractical, the local fire official may request the county sheriff to relay the information to the fire marshal division via Iowa state patrol communications the Iowa department of public safety state radio. If the call meets the policy set forth by the state fire marshal, the dispatcher shall forward a message to the state fire marshal duty officer.

200.6(4) No change.

200.6(5) The state fire marshal may assist a local officer in the investigation of any fire. The state fire marshal may direct, conduct, or assist in the investigation of a fire and may arrange for the participation of a consultant in the investigation.

661—200.7(100) No change.

661—200.8(100) Inspection based on complaint.

200.8(1) No change.

200.8(2) Initial determination. The state fire marshal, upon receipt of the information, shall make an initial determination whether there are sufficient allegations to warrant an inspection. The state fire marshal shall notify the complainant that:

a. If, in the fire marshal's opinion, the complaint fails to warrant an inspection, the fire marshal shall so advise the complainant. The details of the complaint fail to warrant an inspection, or

b. If the fire marshal determines that an inspection is warranted, the fire marshal shall so advise the county attorney, the requester and the person(s) identified as the owner(s). An inspection will be conducted.

200.8(3) Cause to be inspected. After initial determination, the state fire marshal or the state fire marshal's designee shall cause the inspection of the building, facility, or installation to determine if:

a. By want of proper repair, or by reason of age and dilapidated condition, the building, facility, or installation is especially liable to fire and is so situated as to endanger other buildings, facilities, installations, property or persons, or

b. The building, facility, or installation contains combustibles, explosives or flammable materials dangerous to the safety of any buildings, premises or persons.

200.8(4) Final decision. Upon completion of the inspection, the state fire marshal or the state fire marshal's designee shall decide if the building, facility, or installation needs to be removed or repaired.

a. If the building, facility, or installation complies with applicable laws or rules and no deficiencies are found, the state fire marshal shall accordingly notify the county attorney, the owner and the requester complainant.

b. If any deficiencies are found , and the building, facility, or installation is within the corporate limits of a city, the state fire marshal shall notify the owner and the mayor and the clerk of said city of the deficiencies and the need for repairs or removal.

c. If any deficiencies are found , and the building, facility, or installation is outside the corporate limits of any city, the state fire marshal shall specifically identify such deficiencies and prepare an order to correct or repair the deficiencies or remove or demolish the building, facility, or installation. Such notice and order shall be sent to the county attorney with a request that the notice and order be examined by the county attorney.

Note: An owner who receives an order from the state fire marshal may appeal the order using procedures established in rule 661—200.2(100).

200.8(5) Verification of legal description. The county attorney shall , upon receipt of the fire marshal's notice and order, verify the legal description and identification of the property owner and shall advise the state fire marshal how to properly serve the order.

200.8(6) and 200.8(7) No change.

200.8(8) Reasonable time to comply. The order shall give the owner a reasonable time to comply with its mandate(s). The state fire marshal shall determine what constitutes a reasonable time by considering the likelihood of fires, the possibility of personal injury or property loss, the cost, availability of materials and labor to correct, repair, remove or demolish the building, facility, or installation and other reasonable, relevant information.

200.8(9) Reinspection. If the owner of the building, facility, or installation elects not to challenge the state fire marshal's order, the state fire marshal shall, at the end of the period during which compliance was required, conduct another inspection of the building, facility, or installation.

a. If the state fire marshal finds that the order has been complied with, the state fire marshal shall notify the county attorney, owner and requester the complainant of this fact.

b. If the state fire marshal finds that the order has not been complied with, the state fire marshal shall notify the county attorney of noncompliance.

Note: An owner who receives a notice of noncompliance from the state fire marshal may appeal the notice using procedures established in rule 661—200.2(100).

200.8(10) Failure to comply. Upon receipt from the state fire marshal of notice of the owner's failure to comply, the county attorney shall:

a. Institute the procedure necessary to subject the owner to a penalty of $10 for each day the owner fails to comply, and

b. Confirm the legal description of the property; the owner's name and address; the alleged deficiencies of the building, facility, or installation; that an inspection was conducted; that some deficiency was found; that the owner was properly served, notified and given an adequate opportunity to repair the deficiency; and that the deficiency has not been remedied, and

c. Advise the state fire marshal that destruction is appropriate.

200.8(11) Final action taken.

a.The state fire marshal, upon the advice of the county attorney, may repair, remove or destroy the building, facility, or installation. Such destruction may occur by:

a. (1)Permitting the local fire service to burn the building, facility, or installation as a training exercise;

b. (2)Asking for public bids on the building, facility, or installation; or

c. b.If significant costs are anticipated, the state fire marshal may request funds from the Iowa executive council.

661—200.9(100A) Sharing of insurance company information with the state fire marshal. Insurance companies shall provide specified information to the state fire marshal as follows:

200.9(1) Whenever an insurance company has reason to believe that a fire loss insured by the company was caused by something other than an accident, the insurance company shall provide to the state fire marshal, or some other agency authorized to receive such information under Iowa Code chapter 100A, all information and material possessed by the company relevant to an investigation of the fire loss or a prosecution for arson.

200.9(2) Whenever the state fire marshal, or an agent or employee of the state fire marshal, requests in writing that an insurance company provide information in its possession regarding a fire to the state fire marshal, the insurance company shall provide all relevant information requested. Relevant information may include, but need not be limited to:

a. Insurance policy information relating to a fire loss under investigation, including information on the policy application.

b. Policy premium payment records.

c. History of previous claims made by the insured.

d. Material relating to the investigation of the loss, including the statement of any person, proof of loss, and other information relevant to the investigation.

200.9(3) No change.

661—200.10(100A) Release of information to an insurance company. An insurance company that has provided fire loss information to an authorized agency pursuant to Iowa Code section 100A.2 may request information relevant to the fire loss investigation from the state fire marshal. If the insurance company has provided information to an authorized agency other than the state fire marshal, the request shall include proof that information was provided. For purposes of this rule, the term "insurance company" shall include an attorney, adjuster or investigator engaged by the company in reference to the particular fire loss involved in the request even though the attorney, adjuster or investigator is not a full-time employee of the insurance company. The attorney, adjuster or investigator shall provide the state fire marshal with proof of authorization from the insurance company to act as its representative relative to the loss.

661—200.11(100A) Forms. These rules require the use of the following forms that are available from the state fire marshal.

200.11(1) When an insurance company has reason to believe that a fire loss has occurred, the company shall notify the state fire marshal on the form entitled Insurance Form Number One.

200.11(2) Requests for information by the state fire marshal, the state fire marshal's agents or employees from an insurance company pursuant to Iowa Code section 100A.2 shall comply with the form entitled Insurance Form Number Two.

200.11(3) No change.

200.11(4) Requests for information by an insurance company from the state fire marshal shall comply with Insurance Form Number Four.

These rules are intended to implement Iowa Code chapters 100, 101 and 101A.

Item 2. Amend subrule 210.5(2) as follows:

210.5(2) Existing construction. All existing single-family units and multiple-unit residential buildings shall be equipped with smoke detectors as required in paragraph 210.3(11)"a." subrule 210.3(12).

Public Safety Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 10/1/2019.

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

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View the Iowa Administrative Bulletin for 9/11/2019.

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