101.24 - DUTIES AND POWERS OF THE STATE FIRE MARSHAL.
101.24 DUTIES AND POWERS OF THE STATE FIRE MARSHAL.
The state fire marshal shall:
1. Inspect and investigate the facilities and records of owners
and operators of aboveground petroleum storage tanks with a capacity
of fifteen thousand or more gallons, as necessary to determine
compliance with this division and the rules adopted pursuant to this
division. An inspection or investigation shall be conducted subject
to subsection 4. For purposes of developing a rule, maintaining an
accurate inventory, or enforcing this division, the department may:
a. Enter at reasonable times an establishment or other place
where an aboveground storage tank is located.
b. Inspect and obtain samples from any person of petroleum or
another regulated substance and conduct monitoring or testing of the
tanks, associated equipment, contents, or surrounding soils, air,
surface water, and groundwater. Each inspection shall be commenced
and completed with reasonable promptness.
(1) If the state fire marshal obtains a sample, prior to leaving
the premises, the fire marshal shall give the owner, operator, or
agent in charge a receipt describing the sample obtained and if
requested a portion of each sample equal in volume or weight to the
portion retained. If the sample is analyzed, a copy of the results
of the analysis shall be furnished promptly to the owner, operator,
or agent in charge.
(2) Documents or information obtained from a person under this
subsection shall be available to the public except as provided in
this subparagraph. Upon a showing satisfactory to the state fire
marshal by a person that public disclosure of documents or
information, or a particular part of the documents or information to
which the state fire marshal has access under this subsection would
divulge commercial or financial information entitled to protection as
a trade secret, the state fire marshal shall consider the documents
or information or the particular portion of the documents or
information confidential. However, the documents or information may
be disclosed to officers, employees, or authorized representatives of
the United States charged with implementing the federal Solid Waste
Disposal Act, to employees of the state of Iowa or of other states
when the document or information is relevant to the discharge of
their official duties, and when relevant in a proceeding under the
federal Solid Waste Disposal Act or this division.
2. Maintain an accurate inventory of aboveground petroleum
storage tanks.
3. Take any action allowed by law which, in the state fire
marshal's judgment, is necessary to enforce or secure compliance with
this division or any rule adopted pursuant to this division.
4. Conduct investigations of complaints received directly,
referred by other agencies, or other investigations deemed necessary.
While conducting an investigation, the state fire marshal may enter
at any reasonable time in and upon any private or public property to
investigate any actual or possible violation of this division or the
rules or standards adopted under this division. However, the owner
or person in charge shall be notified.
a. If the owner or operator of any property refuses
admittance, or if prior to such refusal the state fire marshal
demonstrates the necessity for a warrant, the state fire marshal may
make application under oath or affirmation to the district court of
the county in which the property is located for the issuance of a
search warrant.
b. In the application the state fire marshal shall state that
an inspection of the premises is mandated by the laws of this state
or that a search of certain premises, areas, or things designated in
the application may result in evidence tending to reveal the
existence of violations of public health, safety, or welfare
requirements imposed by statutes, rules, or ordinances established by
the state or a political subdivision of the state. The application
shall describe the area, premises, or thing to be searched, give the
date of the last inspection if known, give the date and time of the
proposed inspection, declare the need for such inspection, recite
that notice of the desire to make an inspection has been given to
affected persons and that admission was refused if that be the fact,
and state that the inspection has no purpose other than to carry out
the purpose of the statute, rule, or ordinance pursuant to which
inspection is to be made. If an item of property is sought by the
state fire marshal it shall be identified in the application.
c. If the court is satisfied from the examination of the
applicant, and of other witnesses, if any, and of the allegations of
the application of the existence of the grounds of the application,
or that there is probable cause to believe in their existence, the
court may issue a search warrant.
d. In making inspections and searches pursuant to the
authority of this division, the state fire marshal must execute the
warrant as follows:
(1) Within ten days after its date.
(2) In a reasonable manner, and any property seized shall be
treated in accordance with the provisions of chapters 808 and 809.
(3) Subject to any restrictions imposed by the statute, rule or
ordinance pursuant to which inspection is made. Section History: Recent Form
89 Acts, ch 131, §7; 90 Acts, ch 1235, § 6; 2000 Acts, ch 1224,
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