101A.7 - INSPECTION OF STORAGE FACILITY.
101A.7 INSPECTION OF STORAGE FACILITY.
The licensee's or permittee's explosive storage facility shall be
inspected at least once a year by a representative of the state fire
marshal's office, except that the state fire marshal may, at those
mining operations licensed and regulated by the United States
department of labor, accept an approved inspection report issued by
the United States department of labor, mine safety and health
administration, for the twelve-month period following the issuance of
the report. The state fire marshal shall notify the appropriate city
or county governing board of licenses to be issued in their
respective jurisdictions pursuant to this chapter. The notification
shall contain the name of the applicant to be licensed, the location
of the facilities to be used in storing explosives, the types and
quantities of explosive materials to be stored, and other information
deemed necessary by either the governing boards or the state fire
marshal. The facility may be examined at other times by the sheriff
of the county where the facility is located or by the local police
authority if the facility is located within a city of over ten
thousand population and if the sheriff or city council considers it
necessary.
If the state fire marshal finds the facility to be improperly
secured, the licensee or permittee shall immediately correct the
improper security and, if not so corrected, the state fire marshal
shall immediately confiscate the stored explosives. Explosives may
be confiscated by the county sheriff or local police authority only
if a situation that is discovered during an examination by those
authorities is deemed to present an immediate danger. If the
explosives are confiscated by the county sheriff or local police
authority, they shall be delivered to the state fire marshal. The
state fire marshal shall hold confiscated explosives for a period of
thirty days under proper security unless the period of holding is
shortened pursuant to this section.
If the licensee or permittee corrects the improper security within
the thirty-day period, the explosives shall be returned to the
licensee or permittee after correction and after the licensee or
permittee has paid to the state an amount equal to the expense
incurred by the state in storing the explosives during the period of
confiscation. The amount of expense shall be determined by the
state fire marshal.
If the improper security is not corrected during the thirty-day
period, the state fire marshal shall dispose of the explosives and
the license or permit shall be canceled. A canceled license or
permit shall not be reissued for a period of two years from the date
of cancellation. Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.7] Section History: Recent Form
83 Acts, ch 123, § 54, 55, 209; 84 Acts, ch 1074, § 5; 86 Acts, ch
1029, § 1
Referred to in § 331.427, 331.653