reglab/statecodes huggingface dataset:
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.3 - Administration — rules — fees — inspections.

88B.3 Administration — rules — fees — inspections.
1. The commissioner shall administer this chapter.
2. The commissioner shall adopt, in accordance with chapter 17A, rules necessary to carry out the provisions of this chapter.
3. The commissioner shall prescribe fees for the issuance and renewal of licenses and permits. The fees shall be based on the costs of licensing, permitting, and administering this chapter, including time spent by personnel of the division in performing duties and any travel expenses incurred. All fees provided for in this chapter shall be collected by the commissioner and remitted to the treasurer of state for deposit in the general fund of the state.
4. At least once a year, during an actual asbestos project, the division shall conduct an on-site inspection of each permittee’s procedures for removing and encapsulating asbestos.
84 Acts, ch 1062, §3; 86 Acts, ch 1245, §917; 92 Acts, ch 1163, §20; 94 Acts, ch 1057, §1; 96 Acts, ch 1074, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.3A - Permit required — application, qualifications, and exceptions.

88B.3A Permit required — application, qualifications, and exceptions.
1. To qualify for a permit, a business entity shall submit an application to the division in the form required by the division and pay the prescribed fee.
2. A business entity engaging in the removal or encapsulation of asbestos shall hold a permit for that purpose unless the business entity is removing or encapsulating asbestos at its own facilities.
84 Acts, ch 1062, §2
C85, §88B.2
89 Acts, ch 38, §2; 90 Acts, ch 1136, §3; 96 Acts, ch 1074, §2, 9
C97, §88B.3A
Referred to in §88B.6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.4 - Permit — term, renewal, and records required.

88B.4 Permit — term, renewal, and records required.
1. A permit expires on the first anniversary of its effective date, unless it is renewed for a one-year term as provided in this section.
2. At least one month before the permit expires, the division shall send to the permittee, at the last known address of the permittee, a renewal notice that states all of the following:
a. The date on which the current permit expires.
b. The date by which the renewal application must be received by the division for the renewal to be issued and mailed before the permit expires.
c. The amount of the renewal fee.
3. Before the permit expires, the permittee may renew it for an additional one-year term, if the business entity meets the following conditions:
a. Is otherwise entitled to a permit.
b. Submits a renewal application to the division in the form required by the division.
c. Pays the renewal fee prescribed by the division.
4. The permittee shall keep a record of each asbestos project it performs and shall make the record available to the division at any reasonable time. Records shall contain information and be kept for a time prescribed in rules adopted by the division.
84 Acts, ch 1062, §4; 89 Acts, ch 38, §3; 96 Acts, ch 1074, §4; 96 Acts, ch 1219, §19
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.5 - Waivers and alternative procedures.

88B.5 Waivers and alternative procedures.
1. In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the commissioner may waive the requirement for a permit.
2. If the business entity is not primarily engaged in the removal or encapsulation of asbestos, the commissioner may waive the requirement for a permit if worker protection requirements are met.
3. The division shall not approve any waivers on work conducted at a school, public, or commercial building unless the request is accompanied by a recommendation from an asbestos project designer.
84 Acts, ch 1062, §5; 89 Acts, ch 38, §4; 94 Acts, ch 1057, §2; 96 Acts, ch 1074, §5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.6 - Licensing of asbestos workers.

88B.6 Licensing of asbestos workers.
1. Application.
a. To apply for a license, an individual shall submit an application to the division in the form required by the division and shall pay the prescribed fee.
b. The application shall include information prescribed by rules adopted by the commissioner.
c. A license is valid for one year from the completion date of the required training and may be renewed by providing information as required in subsection 2, paragraphs “b” and “c”.
2. Qualifications.
a. An individual is not eligible to be or do any of the following unless the person obtains a license from the division:
(1) A contractor or supervisor, or to work on an asbestos project.
(2) An inspector for asbestos-containing building material in a school or a public or commercial building.
(3) An asbestos management planner for a school building.
(4) An asbestos project designer for a school or a public or commercial building.
b. To qualify for a license, the applicant must have successfully completed training as established by the United States environmental protection agency, paid a fee, and met other requirements as specified by the division by rule.
c. To qualify for a license as an asbestos abatement worker, supervisor, or contractor, the applicant must have been examined by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a respirator.
3. Exception. A license is not required of an employee employed by an employer exempted from the permit requirement of section 88B.3A, subsection 2, if the employee is trained on appropriate removal or encapsulation procedures, safety, and health issues regarding asbestos removal or encapsulation, and federal and state standards applicable to the asbestos project.
84 Acts, ch 1062, §6; 89 Acts, ch 38, §5; 96 Acts, ch 1074, §6; 97 Acts, ch 40, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.8 - Denials, suspensions, and revocations.

88B.8 Denials, suspensions, and revocations.
The division may deny, suspend, or revoke a permit or license, in accordance with chapter 17A, if the permittee or licensee does any of the following:
1. Fraudulently or deceptively obtains or attempts to obtain a permit or license.
2. Fails at any time to meet the qualifications for a permit or license or to comply with a rule adopted by the commissioner under this chapter.
3. Fails to meet any applicable federal or state standard for removal or encapsulation of asbestos.
4. Employs or permits an unlicensed or untrained person to work on an asbestos project.
84 Acts, ch 1062, §8; 89 Acts, ch 38, §7; 96 Acts, ch 1074, §7
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.11 - Bids for governmental projects.

88B.11 Bids for governmental projects.
A state agency or political subdivision shall not accept a bid in connection with any asbestos project from a business entity that does not hold a permit from the division at the time the bid is submitted, unless the business entity provides the state agency or political subdivision with written proof that ensures that the business entity has contracted to have the asbestos removal or encapsulation performed by a licensed asbestos contractor.
84 Acts, ch 1062, §11; 94 Acts, ch 1057, §4; 2007 Acts, ch 125, §2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.12 - Penalties.

88B.12 Penalties.
1. A person or business entity who willfully violates a provision of this chapter or a rule adopted pursuant to this chapter shall be assessed a civil penalty of not more than five thousand dollars for each violation.
2. A person or business entity who previously has been assessed a civil penalty under this section, and who willfully violates a provision of this chapter or a rule adopted pursuant to this chapter:
a. For a first offense, is guilty of a simple misdemeanor and shall be fined not to exceed twenty thousand dollars.
b. For a second or subsequent offense, is guilty of an aggravated misdemeanor and shall be fined not to exceed twenty-five thousand dollars or imprisoned for not to exceed two years, or both.
84 Acts, ch 1062, §12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.1 - Authority.

89.1 Authority.
1. The labor commissioner shall enforce the provisions of this chapter and may employ qualified personnel under the provisions of chapter 8A, subchapter IV, to administer the provisions of this chapter.
2. The provisions of this chapter shall apply to all boilers and unfired steam pressure vessels in this state, except as otherwise provided in this chapter.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §89.1]
2003 Acts, ch 145, §161
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.5 - Rules — records.

89.5 Rules — records.
1. The commissioner shall investigate and record the cause of any boiler explosion that may occur in the state, the loss of life, injuries sustained, and estimated loss of property, if any; and such other data as may be of benefit in preventing a recurrence of similar explosions.
2. The commissioner shall keep a complete and accurate record of the name of the owner or user of each steam boiler or other equipment subject to this chapter, giving a full description of the equipment, including the type, dimensions, age, condition, the amount of pressure allowed, and the date when last inspected.
3. A rule adopted pursuant to this chapter which adopts standards by reference to another publication shall be exempt from the requirements of section 17A.6, subsection 2, if the following conditions exist:
a. The cost of the publication is an unreasonable expense when compared to the anticipated usage of the publication.
b. A copy of the publication is available from an entity located within the state capitol complex.
c. The rule identifies the location where the publication is available.
d. The administrative rules coordinator approves the exemption.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.4; C79, 81, §89.5]
96 Acts, ch 1149, §1; 2004 Acts, ch 1107, §4, 5, 30; 2010 Acts, ch 1031, §54; 2011 Acts, ch 34, §20
See §256.53
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.6 - Notice to commissioner.

89.6 Notice to commissioner.
1. Before any equipment included under the provisions of this chapter is installed by any owner, user, or lessee thereof, a ten days’ written notice of intention to install the equipment shall be given to the commissioner. The notice shall designate the proposed place of installation, the type and capacity of the equipment, the use to be made thereof, the name of the company which manufactured the equipment, and whether the equipment is new or used.
2. Before any power boiler is converted to a low pressure boiler, the owner or user shall give to the commissioner ten days’ written notice of intent to convert the boiler. The notice shall designate the boiler location, the uses of the building, and other information specified by rule by the board.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.5; C79, 81, §89.6]
2010 Acts, ch 1015, §5; 2011 Acts, ch 25, §11
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.7 - Special inspectors.

89.7 Special inspectors.
1. The inspection required by this chapter shall not be made by the commissioner if an owner or user of equipment specified by this chapter obtains an inspection by a representative of a reputable insurance company and obtains a policy of insurance upon the equipment from that insurance company.
2. The representative conducting the inspection shall be commissioned by the commissioner as a special inspector for the year during which the inspection occurs and shall meet such other requirements as the commissioner may by rule establish. The commission shall be valid for one year and the special inspector shall pay a fee for the issuance of the commission. The commissioner shall establish the amount of the fee by rule. The commissioner shall establish rules for the issuance and revocation of special inspector commissions. The rules are subject to the requirements of chapter 17A.
3. The insurance company shall file a notice of insurance coverage on forms approved by the commissioner stating that the equipment is insured and that inspection shall be made in accordance with section 89.3.
4. The special inspector shall provide the user and the commissioner with an inspection report including the nature and extent of all defects and violations, in a format approved by the labor commissioner.
5. The failure of a special inspector to inform the commissioner of violations shall not subject the commissioner to liability for any damages incurred.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.6; C79, 81, §89.7]
85 Acts, ch 102, §1; 87 Acts, ch 15, §1; 90 Acts, ch 1136, §4, 5; 91 Acts, ch 136, §2; 2004 Acts, ch 1107, §6, 30; 2007 Acts, ch 135, §5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.7A - Certificates.

89.7A Certificates.
1. The commissioner shall issue a certificate of inspection valid for the period specified in section 89.3 after the payment of a fee, the filing of an inspection report, and the correction or other appropriate resolution of any defects identified in the inspection report. The certificate shall be posted at a place near the location of the equipment.
2. The owner or user of any equipment covered in this chapter, or persons in charge of such equipment, shall not allow or permit a greater pressure in any unit than is stated in the certificate of inspection issued by the commissioner.
3. The commissioner shall indicate to the user whether or not the equipment may be used without making repair or replacement of defective parts, or whether or how the equipment may be used in a limited capacity before repairs or replacements are made, and the commissioner may permit the user a reasonable time to make such repairs or replacements.
2007 Acts, ch 135, §6; 2008 Acts, ch 1031, §29
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.8 - Boiler and pressure vessel safety fund — fees appropriated.

89.8 Boiler and pressure vessel safety fund — fees appropriated.
A boiler and pressure vessel safety revolving fund is created within the state treasury under the control of the commissioner and shall consist of moneys collected by the commissioner as fees. Moneys in the fund are appropriated and shall be used by the commissioner to pay the actual costs and expenses necessary to operate the board and administer the provisions of this chapter. All salaries and expenses properly chargeable to the fund shall be paid from the fund. Section 8.33 does not apply to any moneys in the fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.7; C79, 81, §89.8]
85 Acts, ch 102, §2; 2004 Acts, ch 1107, §7, 30; 2008 Acts, ch 1023, §1
Referred to in §89.9
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.9 - Disposal of fees.

89.9 Disposal of fees.
All fees provided for in this chapter shall be collected by the commissioner and remitted to the treasurer of state, to be deposited in the boiler and pressure vessel safety fund pursuant to section 89.8, together with an itemized statement showing the source of collection.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.8; C79, 81, §89.9]
2004 Acts, ch 1107, §8, 30
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.10 - Penalty.

89.10 Penalty.
Any person or persons, corporations and directors, managers and superintendents, and officers thereof, violating any of the provisions of this chapter, shall be guilty of a simple misdemeanor.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.9; C79, 81, §89.10]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.11 - Injunction.

89.11 Injunction.
1. In addition to all other remedies, if any owner, user, or person in charge of any equipment covered by this chapter continues to use any equipment covered by this chapter, after receiving an inspection report identifying defects and exhausting appeal rights as provided by this chapter without first correcting the defects or making replacements, the commissioner may apply to the district court by petition in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective equipment.
2. If the commissioner believes that the continued operation of equipment constitutes an imminent danger that could seriously injure or cause death to any person, in addition to all other remedies, the commissioner may apply to the district court in the county in which the imminently dangerous condition exists for a temporary order to enjoin the owner, user, or person in charge from operating the equipment before the owner’s, user’s, or person’s rights to administrative appeals have been exhausted.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.10; C79, 81, §89.11]
2004 Acts, ch 1107, §9, 30; 2007 Acts, ch 135, §7; 2009 Acts, ch 133, §23
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.12 - Hearing — notice — decree.

89.12 Hearing — notice — decree.
The commissioner shall notify in writing the owner or user of the equipment of the time and place of hearing of the petition as fixed by the court or judge, and shall serve the notice on the defendant at least five days prior to the hearing in the same manner as original notices are served. The general provisions relating to civil practice and procedure as may be applicable, shall govern the proceedings, except as herein modified. In the event the defendant does not appear or plead to the action, default shall be entered against the defendant. The action shall be tried in equity, and the court or judge shall make such order or decree as the evidence warrants.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §89.11; C79, 81, §89.12]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89 - BOILERS AND UNFIRED STEAM PRESSURE VESSELS › Section 89.13 - Civil penalty allowed.

89.13 Civil penalty allowed.
If upon notice and hearing the commissioner determines that an owner has operated a facility in violation of a safety order, the commissioner may assess a civil penalty against the owner in an amount not exceeding five hundred dollars, as determined by the commissioner. An order assessing a civil penalty is subject to appeal to the employment appeal board and to judicial review. The commissioner may commence an action in the district court to enforce payment of a civil penalty. Revenue from the penalty provided in this section shall be remitted to the treasurer of state for deposit in the general fund of the state.
90 Acts, ch 1136, §6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.2 - Scope of chapter.

89A.2 Scope of chapter.
1. The provisions of this chapter shall not apply to any of the following:
a. Any conveyance installed in any single private dwelling residence.
b. Material hoists subject to regulation under
875 IAC 26.1
and
29 C.F.R. §1926.552
.
c. Lifts subject to regulation under chapter 88.
d. Material lift elevators existing in the same location since prior to January 1, 1975.
e. Conveyances over which an agency of the federal government is asserting similar enforcement jurisdiction.
f. An elevator installed in a building in a federally designated national historic district as long as each of the following conditions is met:
(1) The owner of the building owns a commercial enterprise that occupies the first story of the building.
(2) The building has no more than two stories above the first story of the building.
(3) The owner of the building lives in the upper stories of the building.
(4) The building has sufficient physical barriers or safety protocols to ensure that only the owner, the owner’s guests, or a government official acting in an official capacity can access the elevator.
2. Provisions of this chapter supersede conflicting provisions contained in building codes of this state or any subdivision of this state.
[C75, 77, 79, 81, §104.2]
C87, §89A.2
2007 Acts, ch 16, §3; 2008 Acts, ch 1029, §2; 2020 Acts, ch 1043, §1; 2021 Acts, ch 80, §43, 44
State building code, see chapter 103A
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.4 - Commissioner’s duties and personnel.

89A.4 Commissioner’s duties and personnel.
The commissioner shall enforce the provisions of this chapter. The commissioner shall employ personnel for the administration of this chapter pursuant to chapter 8A, subchapter IV.
[C75, 77, 79, 81, §104.4]
C87, §89A.4
2003 Acts, ch 145, §162
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.5 - Registration of conveyances.

89A.5 Registration of conveyances.
The owner of every existing conveyance, whether or not dormant, shall register the conveyance with the commissioner, giving type, contract load and speed, name of manufacturer, its location, and the purpose for which it is used, and other information the commissioner may require. Registration shall be made in a format required by the division.
[C75, 77, 79, 81, §104.5]
C87, §89A.5
99 Acts, ch 68, §7; 2007 Acts, ch 16, §5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.6 - Inspections — reports — nonliability.

89A.6 Inspections — reports — nonliability.
All new and existing conveyances, except dormant conveyances, shall be tested and inspected in accordance with the following schedule:
1. Every new or altered conveyance shall be inspected and tested before the operating permit is issued.
2. Every existing conveyance registered with the commissioner shall be inspected within one year after the effective date of the registration, except that the safety board may extend by rule the time specified for making inspections.
3. Every conveyance shall be inspected not less frequently than annually, except that the safety board may adopt rules providing for inspections of conveyances at intervals other than annually.
4. The inspections required by subsections 1 through 3 shall be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the commissioner in lieu of a required inspection by an inspector.
5. A report of every inspection shall be filed with the commissioner by the inspector or special inspector, in a format required by the commissioner, after the inspection has been completed and within the time provided by rule, but not to exceed thirty days. The report shall include all information required by the commissioner to determine whether the conveyance is in compliance with applicable rules. For the inspection required by subsection 1, the report shall indicate whether the conveyance has been installed in accordance with the detailed plans and specifications approved by the commissioner, and meets the requirements of the applicable rules. The failure of a special inspector to inform the commissioner of violations shall not subject the commissioner to liability for any damages incurred.
6. In addition to the inspections required by subsections 1 through 3, the safety board may provide by rule for additional inspections as the safety board deems necessary to enforce the provisions of this chapter.
[C75, 77, 79, 81, §104.6; 82 Acts, ch 1077, §1]
C87, §89A.6
92 Acts, ch 1098, §5; 99 Acts, ch 68, §8; 2004 Acts, ch 1107, §18, 30; 2007 Acts, ch 16, §6; 2021 Acts, ch 80, §45
Referred to in §89A.9, 89A.15
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.7 - Alteration permits.

89A.7 Alteration permits.
The owner shall submit to the commissioner detailed plans, specifications, and other information the commissioner may require for each conveyance to be altered, together with an application for an alteration permit, in a format required by the commissioner. Repairs or replacements necessary for normal maintenance are not alterations, and may be made on existing installations with parts equivalent in material, strength, and design to those replaced and no plans or specifications or application need be filed for the repairs or replacements. However, this section does not authorize the use of any conveyance contrary to an order issued pursuant to section 89A.10, subsections 2 and 3.
[C75, 77, 79, 81, §104.7]
C87, §89A.7
99 Acts, ch 68, §9; 2007 Acts, ch 16, §7
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.8 - New installation permits.

89A.8 New installation permits.
1. The installation or relocation of a conveyance shall not begin until an installation permit has been issued by the commissioner.
2. An application for an installation permit shall be submitted in a format determined by the commissioner.
3. a. If the application or any accompanying materials indicates a failure to comply with applicable rules, the commissioner shall give notice of the compliance failures to the person filing the application.
b. If the application indicates compliance with applicable rules or after compliance failures have been remedied, the commissioner shall issue an installation permit for relocation or installation, as applicable.
[C75, 77, 79, 81, §104.8]
C87, §89A.8
99 Acts, ch 68, §10; 2008 Acts, ch 1032, §201; 2009 Acts, ch 85, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.9 - Operating permits.

89A.9 Operating permits.
1. Operating permits shall be issued by the commissioner to the owner of every conveyance when the inspection report indicates compliance with the applicable provisions of this chapter. However, a permit shall not be issued if the fees required by this chapter have not been paid. Permits shall be issued within thirty days after filing of the inspection report required by section 89A.6, unless the time is extended for cause by the division. A conveyance shall not be operated after the thirty days or after an extension granted by the commissioner has expired, unless an operating permit has been issued.
2. The operating permit shall indicate the type of equipment for which it is issued, and in the case of elevators shall state whether passenger or freight, and also shall state the contract load and speed for each conveyance. The permit shall be posted conspicuously in the car of an elevator, or on or near a dumbwaiter, escalator, moving walk, or inclined or vertical wheelchair lift.
[C75, 77, 79, 81, §104.9]
84 Acts, ch 1067, §20
C87, §89A.9
2004 Acts, ch 1107, §19, 30; 2007 Acts, ch 16, §8; 2008 Acts, ch 1029, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.10 - Enforcement orders by commissioner — injunction.

89A.10 Enforcement orders by commissioner — injunction.
1. If an inspection report indicates a failure to comply with applicable rules, or with the detailed plans and specifications approved by the commissioner, the commissioner may, upon giving notice, order the owner of a conveyance to make the changes necessary for compliance.
2. If the owner does not make the changes necessary for compliance as required in subsection 1 within the period specified by the commissioner, the commissioner, upon notice, may suspend or revoke the operating permit, or may refuse to issue the operating permit for the conveyance. The commissioner shall notify the owner of any action to suspend, revoke, or refuse to issue an operating permit and the reason for the action by service in the same manner as an original notice or by certified mail. An owner may appeal the commissioner’s initial decision to the safety board. The decision of the safety board shall be considered final agency action pursuant to chapter 17A.
3. If the commissioner has reason to believe that the continued operation of a conveyance constitutes an imminent danger which could reasonably be expected to seriously injure or cause death to any person, in addition to any other remedies, the commissioner may apply to the district court in the county in which such imminently dangerous condition exists for a temporary order for the purpose of enjoining such imminently dangerous conveyance. Upon hearing, if deemed appropriate by the court, a permanent injunction may be issued to ensure that such imminently dangerous conveyance be prevented or controlled. Upon the elimination or rectification of such imminently dangerous condition, the temporary or permanent injunction shall be vacated.
[C75, 77, 79, 81, §104.10]
86 Acts, ch 1245, §526
C87, §89A.10
88 Acts, ch 1109, §7, 8; 99 Acts, ch 68, §11; 2004 Acts, ch 1107, §20, 21, 30; 2007 Acts, ch 16, §9; 2021 Acts, ch 76, §20; 2022 Acts, ch 1021, §30
Referred to in §89A.7, 89A.11, 89A.18, 602.8102(25)
Subsection 1 amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.11 - Nonconforming conveyances.

89A.11 Nonconforming conveyances.
The safety board, pursuant to rule, may grant exceptions and variances from the requirements of rules adopted for any conveyance. Exceptions or variations shall be reasonably related to the age of the conveyance, and may be conditioned upon a repair or modification of the conveyance deemed necessary by the safety board to assure reasonable safety. However, an exception or variance shall not be granted except to prevent undue hardship. Such conveyances shall be subject to orders issued pursuant to section 89A.10.
[C75, 77, 79, 81, §104.11; 81 Acts, ch 50, §1]
C87, §89A.11
2004 Acts, ch 1107, §22, 30; 2007 Acts, ch 16, §10
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.12 - Access to conveyances.

89A.12 Access to conveyances.
Every owner of a conveyance subject to regulation by this chapter shall grant access to that conveyance to the commissioner and personnel of the division. Inspections shall be permitted at reasonable times, with or without prior notice.
[C75, 77, 79, 81, §104.12]
C87, §89A.12
99 Acts, ch 68, §12; 2007 Acts, ch 16, §11
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.13 - Elevator safety board.

89A.13 Elevator safety board.
1. An elevator safety board is created within the division of labor services in the department of workforce development to formulate definitions and rules for the safe and proper installation, repair, maintenance, alteration, use, and operation of conveyances in this state.
2. The safety board is composed of nine members, one of whom shall be the commissioner or the commissioner’s designee. The governor shall appoint the remaining eight members of the board, subject to senate confirmation, to staggered four-year terms which shall begin and end as provided in section 69.19. The members shall be as follows: two representatives from an elevator manufacturing company or its authorized representative; two representatives from elevator servicing companies; one building owner or manager; one representative employed by a local government in this state who is knowledgeable about building codes in this state; one representative of workers actively involved in the installation, maintenance, and repair of elevators; and one licensed mechanical engineer.
3. A vacancy in membership shall be filled in the same manner as the original appointment. The members shall serve without salary, but shall be reimbursed for actual and necessary expenses incurred in the performance of official duties as a member.
4. The members of the safety board shall select a chairperson, vice chairperson, and a secretary from their membership. However, neither the commissioner nor the commissioner’s designee shall serve as chairperson. The safety board shall meet at least quarterly but may meet as often as necessary. Meetings shall be set by a majority of the safety board or upon the call of the chairperson, or in the chairperson’s absence, upon the call of the vice chairperson. A majority of the safety board members shall constitute a quorum.
5. The owner or user of equipment regulated under this chapter may appeal a notice of defect or an inspection report to the safety board within thirty days after the issuance of the notice or report. Safety board action constitutes final agency action for purposes of chapter 17A.
6. The safety board shall adopt rules pursuant to chapter 17A necessary to administer the duties of the board.
7. Not later than July 1, 2005, and every three years thereafter, the safety board shall conduct a comprehensive review of existing conveyance rules, regulations, and standards.
[C75, 77, 79, 81, §104.13]
C87, §89A.13
88 Acts, ch 1042, §5; 2004 Acts, ch 1107, §23, 30; 2007 Acts, ch 16, §12
Referred to in §89A.1
Confirmation, see §2.32
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.14 - Continuing duty of owner.

89A.14 Continuing duty of owner.
Every conveyance shall be maintained by the owner in a safe operating condition and in conformity with the rules adopted by the safety board.
[C75, 77, 79, 81, §104.14]
C87, §89A.14
2004 Acts, ch 1107, §24, 30; 2007 Acts, ch 16, §13
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.15 - Inspections by local authorities.

89A.15 Inspections by local authorities.
A city or other governmental subdivision shall not make or maintain any ordinance, bylaw, or resolution providing for the licensing of special inspectors. An ordinance or resolution relating to the inspection, construction, installation, alteration, maintenance, or operation of conveyances within the limits of the city or governmental subdivision which conflicts with this chapter or with rules adopted pursuant to this chapter is void. The commissioner, in the commissioner’s discretion, may accept inspections by local authorities in lieu of inspections required by section 89A.6, but only upon a showing by the local authority that applicable laws and rules will be consistently and literally enforced and that inspections will be performed by special inspectors.
[C75, 77, 79, 81, §104.15]
C87, §89A.15
2004 Acts, ch 1107, §25, 30; 2007 Acts, ch 16, §14
Referred to in §331.304
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.16 - Prosecution of offenses.

89A.16 Prosecution of offenses.
The division shall cause prosecution for the violation of the provisions of this chapter to be instituted by the attorney general in the county in which the violation occurred.
[C75, 77, 79, 81, §104.16]
C87, §89A.16
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.17 - Penalties.

89A.17 Penalties.
1. Any owner who violates any of the provisions of this chapter shall be guilty of a simple misdemeanor, unless otherwise specifically provided in this chapter.
2. Any person who bribes or attempts to bribe an inspector shall be subject to criminal proceedings under section 722.1.
[C75, 77, 79, 81, §104.17]
C87, §89A.17
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.18 - Civil penalty.

89A.18 Civil penalty.
If upon notice and hearing the commissioner determines that an owner has operated a conveyance after an order of the commissioner that suspends, revokes, or refuses to issue an operating permit for the conveyance has become final under section 89A.10, subsection 2, the commissioner may assess a civil penalty against the owner in an amount not exceeding five hundred dollars, as determined by the commissioner. An order assessing a civil penalty is subject to appeal under section 89A.10, subsection 2, in the same manner and to the same extent as decisions referred to in that subsection. The commissioner may commence an action in the district court to enforce payment of the civil penalty. A record of assessment against or payment of a civil penalty by any person for a violation of this section shall not be admissible as evidence in any court in any civil action. Revenue from the penalty provided in this section shall be remitted to the treasurer of state for deposit in the state general fund.
[82 Acts, ch 1077, §2]
C87, §89A.18
2004 Acts, ch 1107, §26, 30; 2007 Acts, ch 16, §15
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89A - ELEVATORS › Section 89A.19 - Elevator safety fund — fees appropriated.

89A.19 Elevator safety fund — fees appropriated.
A revolving elevator safety fund is created in the state treasury under the control of the commissioner and shall consist of moneys collected by the commissioner as fees. Moneys in the fund are appropriated to and shall be used by the commissioner to pay the actual costs and expenses necessary to operate the safety board and perform the duties of the commissioner as described in this chapter. All fees collected by the commissioner pursuant to this chapter shall be remitted to the treasurer of state to be deposited in the elevator safety fund. All salaries and expenses properly chargeable to the fund shall be paid from the fund. Section 8.33 does not apply to any moneys in the fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.
2004 Acts, ch 1107, §27, 30; 2008 Acts, ch 1023, §2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.1 - Short title.

89B.1 Short title.
This chapter may be cited as the “Hazardous Chemicals Risks Right to Know Act”.
84 Acts, ch 1085, §1
C85, §455D.1
C87, §89B.1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.2 - Legislative findings.

89B.2 Legislative findings.
The general assembly finds as follows:
1. The proliferation of hazardous chemicals in the environment poses a growing threat to the public health, safety, and welfare.
2. The constantly increasing number and variety of hazardous chemicals and the many routes of exposure to them make it difficult and expensive to adequately monitor and detect any adverse health effects attributable to the hazardous chemicals.
3. Individuals are often able to detect and thus minimize effects of exposure to hazardous chemicals if they are aware of the identity of the chemicals and the early symptoms of unsafe exposure.
4. Individuals have an inherent right to know the full range of the risks they face so that they can make reasoned decisions and take informed action concerning their employment and their living conditions.
5. Local fire and other government emergency response departments require detailed information about the identity, characteristics, and quantities of hazardous chemicals used and stored in communities within their jurisdictions, in order to adequately plan for, and respond to, emergencies, and enforce compliance with applicable laws and regulations concerning these chemicals.
6. The extent of the toxic contamination of the air, water, and land has caused a high degree of concern and much of this concern is needlessly aggravated by the unfamiliarity of the chemicals.
7. There is a need to coordinate the existing regulatory and reporting responsibilities on hazardous chemical users and producers and to provide uniform access to information.
84 Acts, ch 1085, §2
C85, §455D.2
C87, §89B.2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.3 - Definitions.

89B.3 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Division” means the division of labor services of the department of workforce development created under section 84A.1.
2. “Emergency response department” means any governmental department which might be reasonably expected to be required to respond to an emergency involving a hazardous chemical, including, but not limited to, local fire, police, medical rescue, emergency management, and public health departments.
84 Acts, ch 1085, §3
C85, §455D.3
86 Acts, ch 1245, §939, 1899E
C87, §89B.3
92 Acts, ch 1139, §22; 96 Acts, ch 1186, §23
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.6 - Liability of state or political subdivision.

89B.6 Liability of state or political subdivision.
The state or any of its political subdivisions is not liable for damages in any claim pursuant to chapter 669 or chapter 670 based upon an act or omission of an employee of the state or political subdivision when the employee exercised due care in the execution of this chapter or a rule adopted under this chapter. Any duty created in this chapter is a duty to the public generally and not to any person or group of persons.
84 Acts, ch 1085, §6
C85, §455D.6
C87, §89B.6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.8 - Information required.

89B.8 Information required.
1. An employee in this state has the right to be informed about the hazardous chemicals to which the employee may be exposed in the workplace, the potential health hazards of the hazardous chemicals, and the proper handling techniques for the hazardous chemicals. An employer shall provide or make available to an employee information as required by this chapter. Except as explicitly exempted, this chapter applies to all employers in the state.
2. The division of labor services shall administer this subchapter. The division may exercise the enforcement powers set out in chapter 88 and the rules adopted pursuant to chapter 88 to enforce this subchapter.
3. The commissioner shall adopt rules based upon the occupational safety and health standards which have been adopted as permanent standards by the United States secretary of labor in accordance with federal law. If the hazardous communication regulation,
29 C.F.R. §1910.1200
, is amended or repealed, the commissioner shall review the amendment or repeal and take action with respect to the state standards, including the amendment or repeal of the state standards, which will conform the state standards to the new federal standards.
4. In addition to the chemical information required to be reported under the federal hazard communication standard,
29 C.F.R. §1910.1200
, the labor commissioner may adopt by rule additional hazardous chemical information to be regulated.
84 Acts, ch 1085, §8
C85, §455D.8
86 Acts, ch 1135, §2; 86 Acts, ch 1245, §940, 1899F
C87, §89B.8
88 Acts, ch 1042, §6; 89 Acts, ch 100, §1; 2016 Acts, ch 1011, §13
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.9 - Employee rights.

89B.9 Employee rights.
An employer shall not discharge or in any other manner discriminate against an employee because the employee has filed a complaint or brought an action under this section or has cooperated in bringing an action against an employer. An employee may file a complaint with the labor commissioner alleging discharge or discrimination within thirty days after an alleged violation occurs. Upon receipt of the complaint, the commissioner shall cause an investigation to be made to the extent the commissioner deems appropriate. If the commissioner determines from the investigation that this section has been violated, the commissioner shall bring an action in the appropriate district court against the person. The district court has jurisdiction, for cause shown, to restrain violations of this section and order appropriate relief including rehiring or reinstatement of the employee to the former position with back pay. This section applies to an employee of a person otherwise exempt from this chapter.
84 Acts, ch 1085, §9
C85, §455D.9
C87, §89B.9
88 Acts, ch 1042, §7
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.12 - Community information and complaints on hazardous chemicals.

89B.12 Community information and complaints on hazardous chemicals.
1. The public has a right to be informed about the presence of hazardous chemicals in the community and the potential health and environmental hazards that the chemicals pose.
2. The division of labor services shall receive and handle requests for information and complaints under this subchapter which involve employer information covered under subchapter II. The labor commissioner shall adopt rules pursuant to chapter 17A regarding requests for information and the investigation and adjudication of complaints.
3. Requests for information under this subchapter are confidential.
84 Acts, ch 1085, §12
C85, §455D.12
86 Acts, ch 1245, §941
C87, §89B.12
2016 Acts, ch 1011, §14
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 89B - HAZARDOUS CHEMICALS RISKS — RIGHT TO KNOW › Section 89B.13 - Accessibility of records.

89B.13 Accessibility of records.
1. Except as provided in subsection 2, records that are required to be kept by employers under this chapter shall be accessible to the public. As used in this section “accessible to the public” means either of the following:
a. The records are filed with the division.
b. The records are available for inspection at the principal place of employment of the employer during normal working hours.
2. Records do not need to be accessible to the public if any of the following apply:
a. The information is trade secret information under this chapter and any rules regarding the release of the information.
b. Under recommendation pursuant to section 89B.17, the labor commissioner has adopted rules specifying that certain classes or categories of records required to be kept by employers are confidential information.
c. The employer has notified the division in writing that certain information should not be accessible to the public for the reasons that the information is not relevant to public health and safety or that release of the information is proven to cause damage to the employer. After giving the employer notice and an opportunity to be heard, the division may release the information if it determines that the impact on public health and safety outweighs the damage that release of the information would cause the employer. The division may limit its release of information to areas relevant to public health and safety and may restrict the release of information which will cause damage to the employer.
84 Acts, ch 1085, §13
C85, §455D.13
86 Acts, ch 1245, §1899G
C87, §89B.13