reglab/statecodes huggingface dataset:
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.28 - Proceeds held in trust.

99G.28 Proceeds held in trust.
All proceeds from the sale of the lottery tickets or shares shall constitute a trust fund until paid to the authority directly, through electronic funds transfer to the authority, or through the authority’s authorized collection representative. A lottery retailer and officers of a lottery retailer’s business shall have a fiduciary duty to preserve and account for lottery proceeds and lottery retailers shall be personally liable for all proceeds. Proceeds shall include unsold products received but not paid for by a lottery retailer and cash proceeds of the sale of any lottery products net of allowable sales commissions and credit for lottery prizes paid to winners by lottery retailers. Sales proceeds of pull-tab tickets shall include the sales price of the lottery product net of allowable sales commission and prizes contained in the product. Sales proceeds and unused instant tickets shall be delivered to the authority or its authorized collection representative upon demand.
2003 Acts, ch 178, §81, 121; 2003 Acts, ch 179, §142
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.29 - Retailer rental calculations — lottery ticket sales treatment.

99G.29 Retailer rental calculations — lottery ticket sales treatment.
If a lottery retailer’s rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and such computation of retail sales is not explicitly defined to include sales of tickets or shares in a state-operated or state-managed lottery, only the compensation received by the lottery retailer from the authority may be considered the amount of the lottery retail sale for purposes of computing the rental payment.
2003 Acts, ch 178, §82, 121; 2003 Acts, ch 179, §142
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.30 - Ticket sales requirements — penalties.

99G.30 Ticket sales requirements — penalties.
1. Lottery tickets or shares may be distributed by the authority for promotional purposes.
2. A ticket or share shall not be sold at a price other than that fixed by the authority and a sale shall not be made other than by a retailer or an employee of the retailer who is authorized by the retailer to sell tickets or shares. A person who violates a provision of this subsection is guilty of a simple misdemeanor.
3. A ticket or share shall not be sold to a person who has not reached the age of twenty-one. Any person who knowingly sells a lottery ticket or share to a person under the age of twenty-one shall be guilty of a simple misdemeanor. It shall be an affirmative defense to a charge of a violation under this section that the retailer reasonably and in good faith relied upon presentation of proof of age in making the sale. A prize won by a person who has not reached the age of twenty-one but who purchases a winning ticket or share in violation of this subsection shall be forfeited. This section does not prohibit the lawful purchase of a ticket or share for the purpose of making a gift to a person who has not reached the age of twenty-one. The board shall adopt administrative rules governing the payment of prizes to persons who have not reached the age of twenty-one.
4. Except for the authority, a retailer shall only sell lottery products on the licensed premises and not through the mail or by technological means except as the authority may provide or authorize.
5. The retailer may accept payment by cash, check, money order, debit card, or electronic funds transfer. The retailer shall not extend or arrange credit for the purchase of a ticket or share. As used in this subsection, “cash” means United States currency.
6. Nothing in this chapter shall be construed to prohibit the authority from designating certain of its agents and employees to sell or give lottery tickets or shares directly to the public.
7. No elected official’s name shall be printed on tickets.
2003 Acts, ch 178, §83, 121; 2003 Acts, ch 179, §142
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.30A - Monitor vending machine — tax imposed.

99G.30A Monitor vending machine — tax imposed.
1. If revenues are generated from monitor vending machines on or after forty-five days following March 20, 2006, then there shall be a monitor vending machine excise tax imposed on net monitor vending machine revenue receipts at the rate of sixty-five percent.
2. a. The director of revenue shall administer the monitor vending machine excise tax as nearly as possible in conjunction with the administration of state sales tax laws. The director shall provide appropriate forms or provide appropriate entries on the regular state tax forms for reporting local sales and services tax liability.
b. All powers and requirements of the director to administer the state sales and use tax law are applicable to the administration of the monitor vending machine excise tax, including but not limited to the provisions of section 422.25, subsection 4, sections 422.30, 422.67, and 422.68, section 422.69, subsection 1, sections 422.70 through 422.75, section 423.14, subsection 1 and subsection 2, paragraphs “b” through “e”, and sections 423.15, 423.23, 423.24, 423.25, 423.31 through 423.35, 423.37 through 423.42, 423.46, and 423.47.
c. Frequency of deposits and monthly reports of the monitor vending machine excise tax with the department of revenue are governed by the tax provisions in section 423.31. Monitor vending machine excise tax collections shall not be included in computation of the total tax to determine frequency of filing under section 423.31.
3. For purposes of this section, “net monitor vending machine revenue receipts” means the gross receipts received from monitor vending machines less prizes awarded.
2006 Acts, ch 1005, §3 – 5; 2008 Acts, ch 1032, §16; 2022 Acts, ch 1138, §3
Subsection 2, paragraph c amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.32 - Authority legal representation.

99G.32 Authority legal representation.
The authority shall retain the services of legal counsel to advise the authority and the board and to provide representation in legal proceedings. The authority may retain the attorney general or a full-time assistant attorney general in that capacity and provide reimbursement for the cost of advising and representing the board and the authority.
2003 Acts, ch 178, §85, 121; 2003 Acts, ch 179, §142
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.33 - Law enforcement investigations.

99G.33 Law enforcement investigations.
The department of public safety, division of criminal investigation, shall be the primary state agency responsible for investigating criminal violations under this chapter. The chief executive officer shall contract with the department of public safety for investigative services, including the employment of special agents and support personnel, and procurement of necessary equipment to carry out the responsibilities of the division of criminal investigation under the terms of the contract and this chapter.
2003 Acts, ch 178, §86, 121; 2003 Acts, ch 179, §142; 2004 Acts, ch 1086, §27
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.34 - Open records — exceptions.

99G.34 Open records — exceptions.
The records of the authority shall be governed by the provisions of chapter 22, provided that, in addition to records that may be kept confidential pursuant to section 22.7, the following records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information:
1. Marketing plans, research data, and proprietary intellectual property owned or held by the authority under contractual agreements.
2. Personnel, vendor, and player social security or tax identification numbers.
3. Computer system hardware, software, functional and system specifications, and game play data files.
4. Security records pertaining to investigations and intelligence-sharing information between lottery security officers and those of other lotteries and law enforcement agencies, the security portions or segments of lottery requests for proposals, proposals by vendors to conduct lottery operations, and records of the security division of the authority pertaining to game security data, ticket validation tests, and processes.
5. Player name and address lists, provided that the names and addresses of prize winners shall not be withheld.
6. Operational security measures, systems, or procedures and building plans.
7. Security reports and other information concerning bids or other contractual data, the disclosure of which would impair the efforts of the authority to contract for goods or services on favorable terms.
8. Information that is otherwise confidential obtained pursuant to investigations as provided in section 99G.35.
2003 Acts, ch 178, §87, 121; 2003 Acts, ch 179, §142; 2004 Acts, ch 1101, §21
Referred to in §99G.41
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.35 - Security.

99G.35 Security.
1. The authority’s chief security officer and investigators shall be qualified by training and experience in law enforcement to perform their respective duties in support of the activities of the security office. The chief security officer and investigators shall not have sworn peace officer status. The lottery security office shall perform all of the following activities in support of the authority mission:
a. Supervise ticket or share validation and lottery drawings, provided that the authority may enter into cooperative agreements with multijurisdictional lottery administrators for shared security services at drawings and game show events involving more than one participating lottery.
b. Inspect at times determined solely by the authority the facilities of any vendor or lottery retailer in order to determine the integrity of the vendor’s product or the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract.
c. Report any suspected violations of this chapter to the appropriate county attorney or the attorney general and to any law enforcement agencies having jurisdiction over the violation.
d. Upon request, provide assistance to any county attorney, the attorney general, the department of public safety, or any other law enforcement agency.
e. Upon request, provide assistance to retailers in meeting their licensing contract requirements and in detecting retailer employee theft.
f. Monitor authority operations for compliance with internal security requirements.
g. Provide physical security at the authority’s central operations facilities.
h. Conduct on-press product production surveillance, testing, and quality approval for printed scratch and pull-tab tickets.
i. Coordinate employee and retailer background investigations conducted by the department of public safety, division of criminal investigation.
2. The authority may enter into intelligence-sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions which provide for and regulate the use of information provided and received pursuant to the agreement.
3. Records, documents, and information in the possession of the authority received pursuant to an intelligence-sharing, reciprocal use, or restricted use agreement entered into by the authority with a federal department or agency, any law enforcement agency, or the lottery regulation or gaming enforcement agency of any jurisdiction shall be considered investigative records of a law enforcement agency and are not subject to chapter 22 and shall not be released under any condition without the permission of the person or agency providing the record or information.
2003 Acts, ch 178, §88, 121; 2003 Acts, ch 179, §142
Referred to in §99G.34
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.36 - Forgery — fraud — penalties.

99G.36 Forgery — fraud — penalties.
1. A person who, with intent to defraud, falsely makes, alters, forges, utters, passes, redeems, or counterfeits a lottery ticket or share or attempts to falsely make, alter, forge, utter, pass, redeem, or counterfeit a lottery ticket or share, or commits theft or attempts to commit theft of a lottery ticket or share, is guilty of a class “D” felony.
2. Any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials shall be guilty of a class “D” felony.
3. A person who knowingly or intentionally passes a lottery ticket or share in order to avoid the application of an offset under section 99G.41 is guilty of the following:
a. If passing the lottery ticket or share would avoid an amount that exceeds ten thousand dollars, a class “C” felony.
b. If passing the lottery ticket or share would avoid an amount that exceeds one thousand five hundred dollars but does not exceed ten thousand dollars, a class “D” felony.
c. If passing the lottery ticket or share would avoid an amount that exceeds seven hundred fifty dollars but does not exceed one thousand five hundred dollars, an aggravated misdemeanor.
d. If passing the lottery ticket or share would avoid an amount that exceeds three hundred dollars but does not exceed seven hundred fifty dollars, a serious misdemeanor.
e. If passing the lottery ticket or share would avoid an amount that does not exceed three hundred dollars, a simple misdemeanor.
4. A person who knowingly or intentionally passes a lottery ticket or share in order to circumvent prohibited player provisions found in section 99G.31, subsection 3, paragraph “g” or “h”, or applicable game specific rules is guilty of a class “D” felony.
5. No person shall knowingly or intentionally make a material false statement in any lottery prize claim, make a material false statement in any application for a license or proposal to conduct lottery activities, or make a material false entry in any book or record which is compiled or maintained or submitted to the authority or the board pursuant to the provisions of this chapter. Any person who violates the provisions of this subsection shall be guilty of a class “D” felony.
2003 Acts, ch 178, §89, 121; 2003 Acts, ch 179, §142; 2021 Acts, ch 94, §3, 4; 2022 Acts, ch 1021, §39; 2022 Acts, ch 1032, §32
Subsection 3, unnumbered paragraph 1 amended
Subsections 4 and 5 amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.37 - Competitive bidding.

99G.37 Competitive bidding.
1. The authority shall enter into a major procurement contract pursuant to competitive bidding. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or product. The board shall adopt procedures for competitive bidding. Procedures adopted by the board shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the authority, and the best service and products for the public.
2. In any bidding process, the authority may administer its own bidding and procurement or may utilize the services of the department of administrative services or other state agency.
2003 Acts, ch 178, §90, 121; 2003 Acts, ch 179, §62, 84, 142
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.38 - Authority finance — self-sustaining.

99G.38 Authority finance — self-sustaining.
1. The authority may borrow, or accept and expend, in accordance with the provisions of this chapter, such moneys as may be received from any source, including income from the authority’s operations, for effectuating its business purposes, including the payment of the initial expenses of initiation, administration, and operation of the authority and the lottery.
2. The authority shall be self-sustaining and self-funded. Moneys in the general fund of the state shall not be used or obligated to pay the expenses of the authority or prizes of the lottery, and no claim for the payment of an expense of the lottery or prizes of the lottery may be made against any moneys other than moneys credited to the authority operating account.
3. The state of Iowa offset program, as provided in section 8A.504, shall be available to the authority to facilitate receipt of funds owed to the authority.
2003 Acts, ch 178, §91, 121; 2003 Acts, ch 179, §63, 84, 142
For future amendment to subsection 3 effective upon the later of January 1, 2021, or the effective date of rules adopted by the department of revenue to implement 2020 Acts, ch 10642020 Acts, ch 1064, see 2020 Acts, ch 1064, §8, 28; 2020 Acts, ch 1118, §73, 74
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.41 - Prize offsets — garnishments.

99G.41 Prize offsets — garnishments.
1. Any claimant agency may submit to the authority a list of the names of all persons indebted to such claimant agency or to persons on whose behalf the claimant agency is acting. The full amount of the debt shall be collectible from any lottery winnings due the debtor without regard to limitations on the amounts that may be collectible in increments through garnishment or other proceedings. Such list shall constitute a valid lien upon and claim of lien against the lottery winnings of any debtor named in such list. The list shall contain the names of the debtors, their social security numbers if available, and any other information that assists the authority in identifying the debtors named in the list.
2. The authority is authorized and directed to withhold any winnings paid out directly by the authority subject to the lien created by this section and send notice to the winner. However, if the winner appears and claims winnings in person, the authority shall notify the winner at that time by hand delivery of such action. The authority shall pay the funds over to the agency administering the offset program.
3. Notwithstanding the provisions of section 99G.34 which prohibit disclosure by the authority of certain portions of the contents of prize winner records or information, and notwithstanding any other confidentiality statute, the authority may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this section.
4. The information obtained by a claimant agency from the authority in accordance with this section shall retain its confidentiality and shall only be used by a claimant agency in the pursuit of its debt collection duties and practices. Any employee or prior employee of any claimant agency who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the authority.
5. Except as otherwise provided in this chapter, attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the authority.
6. The provisions of this section shall only apply to prizes paid directly by the authority and shall not apply to any retailers authorized by the board to pay prizes of up to six hundred dollars after deducting the price of the ticket or share.
2003 Acts, ch 178, §94, 121; 2003 Acts, ch 179, §142
Referred to in §99G.36
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 99G - IOWA LOTTERY AUTHORITY › Section 99G.42 - Compulsive gamblers — treatment program information.

99G.42 Compulsive gamblers — treatment program information.
The authority shall cooperate with the gambling treatment program administered by the Iowa department of public health to incorporate information regarding the gambling treatment program and its toll-free telephone number in printed materials distributed by the authority.
2003 Acts, ch 178, §95, 121; 2003 Acts, ch 179, §142
Gambling treatment program, §135.150
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.2 - Duties of fire officials.

100.2 Duties of fire officials.
The chief of the fire department or the chief’s designee of every city or township in which a fire department is established or the chief of the fire department or the chief’s designee responding to every township fire where there is a contract for fire protection in effect shall investigate into the cause, origin and circumstances of every fire occurring in the city or township by which property has been destroyed or damaged or which results in bodily injury to a person, and determine whether the fire was the result of natural causes, negligence or design. The state fire marshal may assist in the investigation or may direct the investigation if the fire marshal finds it necessary.
[S13, §2468-d, -e; C24, 27, 31, 35, 39, §1624; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.2]
84 Acts, ch 1095, §1
Referred to in §100.3, 100.4
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.3 - Reports of fires and emergency responses.

100.3 Reports of fires and emergency responses.
When death, serious bodily injury, or property damage in excess of two hundred thousand dollars has occurred as a result of a fire, or if arson is suspected, the fire official required by section 100.2 to make fire investigations, shall notify the state fire marshal’s division immediately. For all other fires causing an estimated damage of fifty dollars or more or emergency responses by the fire service, the fire official required by section 100.2 to investigate shall file a report with the fire marshal’s division within ten days following the end of the month. The report shall indicate all fire incidents occurring which have an estimated damage of fifty dollars or more and state for each incident the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, the origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incident. The report on each emergency response shall include the nature of the incident and other facts, statistics and circumstances concerning the emergency response.
[S13, §2468-e; C24, 27, 31, 35, 39, §1625; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.3]
84 Acts, ch 1095, §2; 86 Acts, ch 1018, §1
Referred to in §100.4, 100.5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 are classified as peace officers’ investigative reports and subject to section 22.7.
2. Reports and records on investigations made by the state fire marshal’s office are the same as peace officers’ investigative reports and subject to section 22.7.
[S13, §2468-f; C24, 27, 31, 35, 39, §1627; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.5; 81 Acts, ch 47, §1]
84 Acts, ch 1095, §4; 2019 Acts, ch 24, §104
Arson investigation disclosures; see chapter 100A
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 the matter in which an examination is herein required to be made, and shall cause the same to be reduced to writing.
[S13, §2468-g; C24, 27, 31, 35, 39, §1628; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.6]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 chapter a subject of inquiry and investigation, and may require the production of any books, papers, or documents necessary for such investigation.
[S13, §2468-h; C24, 27, 31, 35, 39, §1629; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.7]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 a simple misdemeanor.
[S13, §2468-h; C24, 27, 31, 35, 39, §1630; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.8]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 cause such person to be arrested and charged with the offense, or either of them, and shall furnish to the proper county attorney all such evidence, together with the names of witnesses and all of the information obtained, including a copy of all matter and testimony taken in the case.
[S13, §2468-g; C24, 27, 31, 35, 39, §1631; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.9]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.10 - Authority to enter and inspect.

100.10 Authority to enter and inspect.
The state fire marshal, and the fire marshal’s designated subordinates, in the performance of their duties, shall have authority to enter any building or premises and to examine the same and the contents thereof.
[S13, §2468-i; C24, 27, 31, 35, 39, §1632; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.10]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.11 - Fire escapes.

100.11 Fire escapes.
It shall be the duty of the fire marshal to enforce all laws relating to fire escapes.
[C39, §1632.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.11]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.12 - Authority for inspection — orders.

100.12 Authority for inspection — orders.
The chief of a fire department or an authorized subordinate who is trained in fire prevention safety standards may enter a building or premises at a reasonable hour to examine the building or premises and its contents. The examining official shall order the correction of a condition which is in violation of this chapter, a rule adopted under this chapter, or a city or county fire safety ordinance. The order shall be in writing or, if the danger is imminent, orally followed by a written order. The examining official shall enforce the order in accordance with the applicable law or ordinance. At the request of the examining official the state fire marshal may assist in an enforcement action.
[C31, 35, §1632-c1; C39, §1632.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.12; 82 Acts, ch 1157, §1]
84 Acts, ch 1095, §5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.13 - Violations — orders.

100.13 Violations — orders.
1. If a person has violated or is violating a provision of this chapter or a rule adopted pursuant to this chapter, the state fire marshal, the chief of any fire department, or the fire prevention officer of a fire department organized under chapter 400 may issue an order directing the person to desist in the practice which constitutes the violation and to take corrective action as necessary to ensure that the violation will cease. The order shall be in writing and shall specify a reasonable time by which the person shall comply with the order. The person to whom the order is issued may appeal the order as provided in chapter 17A. On appeal, the administrative law judge may affirm, modify, or vacate the order. Judicial review may be sought in accordance with chapter 17A.
2. Notwithstanding any other provision of law to the contrary, if the state fire marshal determines that an emergency exists respecting any matter affecting or likely to affect the public safety, the fire marshal may issue any order necessary to terminate the emergency without notice or hearing. An emergency order is binding and effective immediately, until or unless the order is modified, vacated, or stayed at an administrative hearing or by a district court.
[S13, §2468-j; C24, 27, 31, 35, 39, §1633; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.13; 82 Acts, ch 1157, §2]
94 Acts, ch 1078, §1
Referred to in §100.14
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.14 - Legal proceedings — penalties — injunctive relief.

100.14 Legal proceedings — penalties — injunctive relief.
At the request of the state fire marshal, the county attorney shall institute any legal proceedings on behalf of the state necessary to obtain compliance or enforce the penalty provisions of this chapter or rules or orders adopted or issued pursuant to this chapter, including, but not limited to, a legal action for injunctive relief. The county attorney or any other attorney acting on behalf of the chief of a fire department or a fire prevention officer may institute legal proceedings, including, but not limited to, a legal action for injunctive relief, to obtain compliance or enforce the penalty provisions or orders issued pursuant to section 100.13.
[C24, 27, 31, 35, 39, §1634; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.14]
94 Acts, ch 1078, §2
Referred to in §100.16
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.16 - Judicial review — court costs.

100.16 Judicial review — court costs.
1. Judicial review of actions of the fire marshal may be sought in accordance with the terms of the Iowa administrative procedure Act pursuant to chapter 17A. If legal proceedings have been instituted pursuant to section 100.14, all related issues which could otherwise be raised in a proceeding for judicial review shall be raised in the legal proceedings instituted pursuant to section 100.14.
2. Upon judicial review of the fire marshal’s action, if the court affirms the agency action, the court shall tax all court costs of the review proceeding against the appellant. However, if the court reverses, revokes, or annuls the fire marshal’s action, the court shall tax all court costs of the review proceeding against the agency. If the fire marshal’s action is modified or the matter is remanded to the agency for further proceedings, the court shall apportion the court costs within the discretion of the court.
[S13, §2468-j; C24, 27, 31, 35, 39, §1636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.16]
94 Acts, ch 1078, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.19A - Consumer fireworks wholesaler — registration — penalty.

100.19A Consumer fireworks wholesaler — registration — penalty.
1. For purposes of this section:
a. “Consumer fireworks” means first-class consumer fireworks and second-class consumer fireworks, as those terms are defined in section 100.19.
b. “Wholesaler” means a person who engages in the business of selling or distributing consumer fireworks for the purpose of resale in this state.
2. The state fire marshal shall adopt rules to require all wholesalers to annually register with the state fire marshal. The state fire marshal may also adopt rules to regulate the storage or transfer of consumer fireworks by wholesalers and to require wholesalers to maintain insurance.
3. The state fire marshal shall establish an annual registration fee of one thousand dollars for wholesalers of consumer fireworks within the state. Registration fees collected pursuant to this section shall be deposited in the consumer fireworks fee fund created in section 100.19.
4. A person who violates a provision of this section or a rule adopted pursuant to this section is guilty of a simple misdemeanor.
2017 Acts, ch 115, §4, 12
Referred to in §100.19
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.20 - County attorney.

100.20 County attorney.
The county attorney shall represent the state and the fire marshal, but not to the exclusion of any other attorney who may be engaged in said cause.
[C24, 27, 31, 35, 39, §1640; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.20]
Referred to in §331.756(22)
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.26 - Time for compliance with order — penalty.

100.26 Time for compliance with order — penalty.
If a petition of review has not been filed or the court on review has affirmed or modified an order for the removal, destruction, or repair of a building, or the removal of any of its contents, or the change of any of its conditions, the owner, lessee, or occupant shall comply with the order within thirty days after the delivery of the order or a copy of the order to the person, either personally or by certified letter to the last known address, or by service upon the person’s appointed agent. Failure of the owner, lessee, or occupant to comply with the order shall subject the owner, lessee, or occupant to a penalty of ten dollars for each day of failure or neglect after the expiration of the period. The penalty shall be recovered in the name of the state and paid into the treasury of the political subdivision which issues the order or the treasurer of state if the order is issued by the state. If the owner, lessee, or occupant cannot reasonably comply with the order within thirty days and a good faith effort at compliance has been made within thirty days, the owner, lessee, or occupant shall not be subject to a penalty under this section. However, the penalty may be imposed on the person upon a failure to continue the good faith compliance with the order.
[S13, §2468-j; C24, 27, 31, 35, 39, §1646; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.26]
84 Acts, ch 1095, §6; 94 Acts, ch 1078, §5
2023 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 each other and not allowed to communicate with each other until they have been examined.
[C24, 27, 31, 35, 39, §1650; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.30]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › Section 100.31 - Fire and tornado drills in schools — warning systems — inspections.

100.31 Fire and tornado drills in schools — warning systems — inspections.
1. It shall be the duty of the state fire marshal and the fire marshal’s designated subordinates to require all private and public school officials and teachers to conduct not less than four fire drills and not less than four tornado drills in all school buildings during each school year when school is in session; and to require the officials and teachers of all schools to keep all doors and exits of their respective rooms and buildings unlocked when occupied during school hours or when such areas are being used by the public at other times. Not less than two drills of each type shall be conducted between July 1 and December 31 of each year and not less than two drills of each type shall be conducted between January 1 and June 30 of each year.
2. Every school building with two or more classrooms shall have a warning system for fires of a type approved by the underwriters’ laboratories and by the state fire marshal. The warning system shall be used only for fire drills or as a warning for emergency. Schools may modify the fire warning system for use as a tornado warning system or shall install a separate tornado warning system. Every school building shall also be equipped with portable fire extinguishers, with the type, size and number in accordance with national fire protection association standards and approved by the state fire marshal.
3. The state fire marshal or the fire marshal’s deputies shall cause each public or private school, college, or university to be inspected at least once every two years to determine whether each school meets the fire safety standards of this Code and is free from other fire hazards. Provided, however, that cities which employ fire department inspectors shall cause such inspections to be made.
[S13, §2468-k; C24, 27, 31, 35, 39, §1651; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.31]
94 Acts, ch 1078, §6; 2022 Acts, ch 1032, §33
Referred to in §280.30
Subsection 3 amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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, 31, 35, 39, §1653; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.33]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 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.
2. 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.
3. 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.
[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]
88 Acts, ch 1278, §23; 98 Acts, ch 1162, §2, 30; 2004 Acts, ch 1086, §28; 2017 Acts, ch 54, §76
Referred to in §100.51, 137C.18, 137C.35, 137F.15
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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.
2. The requirements of this section shall not apply to the following:
a. Any noncombustible elevator storage structure or any noncombustible plant building with noncombustible contents.
b. Any combustible elevator storage structure that is equipped with an approved drypipe, nonautomatic sprinkler and automatic alarm system.
c. Buildings in existence or under construction on August 15, 1975. However, if subsequent to that date any building is enlarged or altered beyond the height limitations applicable to new buildings, such building in its entirety shall be subject to all the provisions of this section.
d. Any open parking garage structure which is in compliance with rules adopted by the state fire marshal.
3. Plans and installation of systems shall be approved by the state fire marshal, a designee of the state fire marshal, or local authorities having jurisdiction. Except where local fire protection regulations are more stringent, the provisions of this section shall be applicable to all buildings, whether privately or publicly owned. The definition of terms shall be in conformity, insofar as possible, with definitions found in the state building code adopted pursuant to section 103A.7.
4. Any person violating the provisions of this section is guilty of a misdemeanor and shall, upon conviction, be subject to a fine not to exceed one hundred dollars or by imprisonment in the county jail for not more than thirty days, or be subject to both such fine and imprisonment.
[C77, 79, 81, §100.39]
90 Acts, ch 1029, §1; 98 Acts, ch 1008, §1; 2004 Acts, ch 1086, §30; 2008 Acts, ch 1032, §201
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 a local fire department, a city council or a board of supervisors and when an investigation supports the need for the prohibition. The state fire marshal shall implement the prohibition by issuing a proclamation to persons in the affected area. The chief of a local fire department, the city council or the board of supervisors that requested the prohibition may rescind the proclamation after notifying the state fire marshal of the intent to do so, when the chief, city council or board of supervisors finds that the conditions responsible for the issuance of the proclamation no longer exist.
2. Violation of a prohibition issued under this section is a simple misdemeanor.
3. A proclamation issued by the state fire marshal pursuant to this section shall not prohibit a supervised, controlled burn for which a permit has been issued by the fire chief of the fire district where the burn will take place, the use of outdoor fireplaces, barbecue grills, properly supervised landfills, or the burning of trash in incinerators or trash burners made of metal, concrete, masonry, or heavy one-inch wire mesh, with no openings greater than one square inch.
[S81, §100.40; 81 Acts, ch 48, §1]
97 Acts, ch 19, §1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 official authorized to make such an inspection may apply to the district court for a special inspection warrant for authority to conduct the inspection.
[81 Acts, ch 47, §3]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100 - STATE FIRE MARSHAL › 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 inspection warrant, an inspection warrant shall be issued.
[81 Acts, ch 47, §4]
2019 Acts, ch 59, §41