ARC 5254C

ARC 5254C

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed

Rule making related to smoke alarms and detectors

The State Fire Marshal hereby amends Chapter 210, "Smoke Detectors," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 100.18.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 100.18.

Purpose and Summary

These amendments bring the regulations into compliance with nationally recognized fire codes and the recognition of new technologies.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 15, 2020, as ARC 5083C. Kidde Fire Safety, a smoke detector company, voiced support for the rule making. Christopher Rants of PolicyWorks expressed appreciation for the proposed amendments and the Department's work on the rules. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the State Fire Marshal on October 13, 2020.

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).

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).

Effective Date

This rule making will become effective on December 9, 2020.

The following rule-making action is adopted:

Amend 661—Chapter 210 as follows:

CHAPTER 210

SMOKE DETECTORS ALARMS/DETECTORS

661—210.1(100) Definitions. The following definitions apply to rules 661—210.1(100) through 661—210.5(100):

"Approved" means that the equipment has been approved or listed for a specific use by an independent testing laboratory or organization of national reputation.

"Commercial grade smoke detection system" means a system of smoke detectors in which each detector is listed to Underwriters Laboratory Standard 268, Smoke Detectors for Fire Alarm Systems, or to another standard approved by the state fire marshal. Sensors in a commercial grade smoke detection system shall be located so as to provide coverage at least equivalent to that which would be provided by smoke detectors installed as required in subrule 210.3(11).

"Dual sensor smoke detector" means a smoke detector which contains both an ionization sensor and a photoelectric sensor and which is designed to detect and trigger an alarm in response to smoke detected through either sensing device, or a smoke detector which has at least two sensors and which is listed to Underwriters Laboratory Standard 217, Single and Multiple Station Smoke Alarms, or to another standard approved by the state fire marshal.

"Fire alarm system" means a system or a portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.

"Multiple-station smoke alarm" means two or more single-station smoke alarm devices that are capable of interconnection such that actuation of one causes the appropriate alarm signal to operate in all interconnected alarms. Interconnection may occur wirelessly for residential smoke alarms.

"Single-station smoke alarm" means an assembly incorporating the detector, the control equipment and the alarm-sounding device in one unit, operated from a power supply either in the unit or obtained at the point of installation or both.

"Smoke alarm" means a single- or multiple-station alarm responsive to smoke. See also "single-station smoke alarm" and "multiple-station smoke alarm." Residential smoke alarms are required to be listed under Underwriters Laboratory Standard (UL) 217.

"Smoke detector" means a device that senses visible or invisible particles of combustion. Smoke detectors are typically listed under UL 268.

661—210.2(100) Scope. The provisions of this chapter apply to single-family and two-family residences , and to townhouses and to all other residential occupancies in commercial buildings unless otherwise provided herein or by another provision of law. The provisions of this chapter do not apply to nonresidential occupancies.

661—210.3(100) General requirements.

210.3(1) Approved single-station smoke alarms shall be acceptable in all areas covered by this chapter, unless other fire warning equipment or materials are required by any provision of 661—Chapter 201, 202, or 205 or if a commercial grade smoke detection system fire alarm system with smoke detection listed under UL 268 has been installed. Any single-station smoke alarm or multiple-station smoke alarm installed on or after April 1, 2010, in compliance with this subrule, including a replacement of an existing smoke alarm, shall be a dual sensor smoke alarm listed under UL 217. If sufficient dual sensor smoke alarms have been installed to comply with the requirements of this chapter, additional smoke alarms which may be other than dual sensor alarms may be installed.

210.3(2) Any installation of wiring and equipment shall comply with NFPA 70, National Electrical Code, 2014 edition, and requirements established by the manufacturer of the equipment serviced by the wiring 661—Chapter 504.

210.3(3) All devices, combinations of devices, and equipment to be installed in conformity with this chapter shall be approved and used for the purposes for which they are intended. Any smoke alarm installed on or after April 1, 2010, in compliance with this chapter, including a replacement of an existing smoke alarm, shall be a dual sensor smoke alarm listed in accordance with UL 217. Existing dual sensor smoke alarms may be maintained until replacement is recommended by the manufacturer or upon failure. If sufficient dual sensor smoke alarms have been installed to comply with the requirements of this chapter, additional smoke alarms which may be other than dual sensor alarms may be installed.

210.3(4) to 210.3(6) No change.

210.3(7) Power source.

a. In new buildings and additions constructed after July 1, 1991, required smoke detectors alarms shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than that required for overcurrent protection. Smoke detectors alarms may be solely battery operated battery-powered when installed in existing buildings, or in buildings without commercial power, or in buildings which undergo alterations, repairs or additions subject to subrule 210.3(2).

b. New and replacement smoke detectors alarms installed after May 1, 1993, which receive their primary power from the building wiring shall be equipped with a battery backup.

c. New and replacement smoke alarms installed after July 1, 2016, which receive their primary power from the building wiring where more than one smoke alarm is required to be installed shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms.

d. After June 30, 2021, a battery-powered smoke alarm listed in accordance with UL 217 that is newly installed or replaces an existing battery-powered smoke alarm must be powered by a nonremovable, nonreplaceable battery that powers the alarm for at least ten years. The battery requirements of this subrule do not apply to a fire alarm, smoke detector, smoke alarm, or ancillary component that is electronically connected as a part of a centrally monitored or supervised alarm system; that uses a low-power, radio frequency wireless communication signal.

210.3(8) to 210.3(12) No change.

661—210.4(100) Smoke detectors—notice and certification of installation.

210.4(1) Notice of installation. An owner of a rental residential building containing two or more units, who is required by law to install smoke detectors, shall notify the local fire department upon installation of required smoke detectors.

210.4(2) Certification—single-family dwelling units. A person who files for a homestead tax credit pursuant to Iowa Code chapter 425 shall certify that the single-family dwelling unit for which the credit is filed has a smoke detector(s) alarm(s) installed in accordance with subrule 210.3(6) and paragraph 210.3(11)"a," 210.3(12)"a," or that such smoke detector(s) alarm(s) will be installed within 30 days of the date of filing for credit.

210.4(3) Reports to fire marshal. Each county or city assessor charged with the responsibility of accepting homestead tax credit applications shall obtain certification of smoke detection on a form acceptable to the state fire marshal, signed by the person making application for credit, and shall file a quarterly report with the fire marshal listing the name and address and stating whether applicant attested to a detector(s) being present at the time of application or that a detector(s) would be installed as required within 30 days.

661—210.5(100) Smoke detectors—new and existing construction.

210.5(1) New construction. All multiple-unit residential buildings and single-family dwellings which are constructed after July 1, 1991, shall include the installation of smoke detectors alarms meeting the requirements of rule 661—210.3(100).

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

These rules are intended to implement Iowa Code section 100.18.

[Filed 10/13/20, effective 12/9/20]

[Published 11/4/20]

Editor's Note: For replacement pages for IAC, see IAC Supplement 11/4/20.