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Home » US Law » 2022 Iowa Code » Title III - PUBLIC SERVICES AND REGULATION » Chapter 100 - STATE FIRE MARSHAL

Section 100.30 – Investigation may be private.

100.30 Investigation may be private. Investigation by or under the direction of the state fire marshal or the fire marshal’s designated subordinates may in their discretion be private. They may exclude from the place where such investigation is held all persons other than those required to be present, and witnesses may be kept separate from […]

Section 100.33 – Annual report.

100.33 Annual report. The state fire marshal shall file with the governor annually, at the time provided by law, a detailed report of the fire marshal’s official acts and of the affairs of the fire marshal’s office which report shall be published and distributed as the reports of other state officers. [S13, §2468-n; C24, 27, […]

Section 100.35 – Rules of marshal — penalties.

100.35 Rules of marshal — penalties. 1. 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 100.38 – Conflicting statutes.

100.38 Conflicting statutes. Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state. [C73, 75, 77, 79, 81, §100.38] 2004 Acts, ch 1086, §29

Section 100.39 – Fire extinguishers in high-rise buildings.

100.39 Fire extinguishers in high-rise buildings. 1. All buildings approved for construction after July 1, 1998, that exceed four stories in height, or seventy-five feet above grade, shall require the installation of an approved automatic fire extinguishing system designed and installed in conformity with rules promulgated by the state fire marshal pursuant to this chapter. […]

Section 100.4 – Penalty for nonreporting.

100.4 Penalty for nonreporting. The failure or refusal of a fire official to make an investigation or report required by sections 100.2 and 100.3 is a simple misdemeanor. [S13, §2468-e; C24, 27, 31, 35, 39, §1626; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.4] 84 Acts, ch 1095, §3

Section 100.40 – Marshal may prohibit open burning on request.

100.40 Marshal may prohibit open burning on request. 1. The state fire marshal, during periods of extremely dry conditions or under other conditions when the state fire marshal finds open burning constitutes a danger to life or property, may prohibit open burning in an area of the state at the request of the chief of […]

Section 100.41 – Authority to cite violations.

100.41 Authority to cite violations. Fire officials acting under the authority of this chapter may issue citations in accordance with chapter 805, for violations of this chapter or a violation of a local fire safety code. 84 Acts, ch 1095, §8

Section 100.5 – Reports — when public records.

100.5 Reports — when public records. 1. Reports required by section 100.3 shall be kept on file for public inspection in the fire marshal’s office. In those circumstances where disclosure of particular facts in the reports would plainly and seriously jeopardize an investigation of criminal activity, the portions of the reports pertaining to the facts […]

Section 100.51 – Application for warrant.

100.51 Application for warrant. If consent to inspect property damaged or destroyed by fire to determine the cause, origin and circumstances of the fire or to inspect property subject to rules adopted under section 100.35 has been refused to the official authorized to make the inspection, the state fire marshal, a state arson investigator or […]

Section 100.52 – Grounds for issuance.

100.52 Grounds for issuance. 1. The judicial officer shall review the application and may take sworn testimony or receive affidavits to supplement the application. 2. If the judicial officer is satisfied that there are legal grounds under the circumstances specified in the application and any supplementary testimony taken sufficient to justify the issuance of an […]

Section 100.53 – Warrant requirements.

100.53 Warrant requirements. Each inspection warrant issued under this chapter shall: 1. State the grounds for its issuance. 2. Be directed to the applicant or some other designated person authorized to conduct the inspection. 3. Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose […]

Section 100.54 – Execution of warrant.

100.54 Execution of warrant. 1. A warrant issued under this chapter must be executed and returned within ten days from the date of issuance unless, upon the showing of a need for additional time, the court so instructs otherwise in the warrant. A copy of the warrant shall be delivered to a person in charge […]

Section 100.6 – Testimony under oath.

100.6 Testimony under oath. The fire marshal or the fire marshal’s designated subordinate shall, when in the fire marshal’s or subordinate’s opinion further investigation is necessary, take or cause to be taken the testimony under oath of all persons supposed to have knowledge of any facts, or to have means of knowledge in relation to […]

Section 100.7 – Oaths — attendance of witnesses.

100.7 Oaths — attendance of witnesses. The fire marshal and the fire marshal’s designated subordinates shall each have power in any county in the state to administer an oath and compel the attendance of witnesses before them, or either of them, to testify in relation to any matter which is by the provisions of this […]

Section 100.8 – Refusal to testify or produce books.

100.8 Refusal to testify or produce books. Any witness who refuses to be sworn, except as otherwise provided by law, or who disobeys any lawful order of said fire marshal, or the fire marshal’s designated subordinates, or who fails to produce any books, papers, or documents touching any matter under examination, shall be guilty of […]

Section 100.9 – Crimes in connection with fires.

100.9 Crimes in connection with fires. If the fire marshal shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, the fire marshal shall […]