Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 200 - Fire Marshal Administration › Rule 661-200.4 - Inspections and Inspection Fees.

Current through Register Vol. 47, No. 3, July 24, 2024
Certain buildings, facilities, and installations as designated
				in the Iowa Code are required to comply with the Iowa Code and rules of the
				fire marshal. The fire marshal determines and enforces such compliance. To do
				so, the fire marshal or any employee of the fire marshal or local fire
				department authorized by the fire marshal may enter such building or premises
				at any time without notice to inspect it.
(1) An inspection may be of a particular
			 system in the building, facility, or installation, or the inspection may
			 include the entire building, facility, or installation.
(2) An inspection to evaluate compliance with
			 the rules of the fire marshal shall be conducted by the fire marshal or by a
			 consultant as requested by the fire marshal. A consultant is a person with the
			 necessary degree of training, education or experience to examine a system
			 within a building required to be in compliance with the rules of the fire
			 marshal and determine if such system or systems are in compliance with such
			 requirements. If a consultant who is not employed by the fire marshal is
			 engaged to conduct an inspection, the consultant shall be accompanied by an
			 employee of the fire marshal or of a local fire department while conducting the
			 inspection.
(3) Inspections shall
			 be conducted without announcement and occur on a random basis, upon request, in
			 response to a complaint or to investigate a suspected fire hazard.
(4) An employee of the fire marshal or an
			 employee of a local fire department acting on behalf of the fire marshal, upon
			 arriving at a building, facility, or installation in order to conduct an
			 inspection, shall advise the owner or the person in control of the building, if
			 that person is available. If a person in such a position cannot be contacted,
			 the inspection shall commence in any event. If the owner or the owner's
			 representative wishes to accompany the employee during the inspection, the
			 owner or the owner's representative may do so, provided that the inspection is
			 not delayed.
(5) Upon completion of
			 an inspection, the employee or consultant may complete a written inspection
			 order if any violations or deficiencies are discovered. The order shall be
			 signed by the employee and, if prepared by a consultant, shall also be signed
			 by the consultant.
(6) Upon
			 completion of the inspection, if the building, facility, or installation does
			 not comply with applicable laws or rules, the employee or consultant shall
			 identify specific provisions with which the building, facility, or installation
			 does not comply and shall notify the owner. The owner may be ordered to correct
			 or repair the deficiency. The owner may order the building, facility, or
			 installation removed or demolished, in lieu of correcting the deficiency.
a. Copies of the notice of deficiencies or
			 order shall be distributed to the fire marshal's office and the fire department
			 having jurisdiction. The employee or consultant signing the order shall retain
			 a copy.
b. The time allowed to
			 comply with the order shall be determined by the employee or consultant, who
			 shall consider the likelihood that a fire may occur, the possibility of
			 personal injury or property loss, the cost and availability of materials and
			 labor to correct, repair, remove or demolish, and other relevant
			 information.
c. If the owner of the
			 building, facility, or installation does not agree with the deficiency findings
			 and order, the owner may appeal the order to the fire marshal under rule
			 661-200.2
			 (100).