100.35 - RULES OF MARSHAL.
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