reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.203 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of rules 661- 259.201(80GA,ch177) to
				661-259.207(80GA,ch177), the following definitions apply:
"Default"
or
"in default"
means that more than one payment on a loan is currently due.
"Localfire department"
means a paid,
				volunteer, or combination fire protection service provided by a benefited fire
				district under Iowa Code chapter 3 5 7B or by a county, municipality or
				township, or a private corporate organization that has a valid contract to
				provide fire protection service for a benefited fire district, county,
				municipality, township or governmental agency. "Local fire department" does not
				include a military or private industrial fire department or service.
"NFPA "
means the National Fire Protection
				Association.
"PASS"
means personal alert safety
				system.
"SCBA "
means self-contained breathing
				apparatus.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.204 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of availability of funds.
Whenever funds are available
			 for loans through the fire fighting equipment revolving loan fund, the fire
			 service training bureau shall publish notice of the availability of those funds
			 in the Iowa Administrative Bulletin and shall notify fire service
			 organizations, including, but not limited to, the Iowa Firemen's Association,
			 the Iowa Fire Chiefs Association, and the Iowa Association of Professional Fire
			 Chiefs, of the availability of those funds, the procedure for applying for
			 loans through the program, the deadline for applying for funds, and the
			 provisions of rules 661-259.201 (80GA,ch177) to
			 661-259.207 (80GA,ch177). All
			 local fire departments in Iowa known to the fire service training bureau shall
			 receive notice by mail or, when available, electronic mail. In addition, notice
			 of availability of funds and the application procedure shall be published on
			 the department's website.
(2)
Application.
Application for a loan from the fire fighting
			 equipment revolving loan fund shall be made on an application form provided by
			 the fire service training bureau. A completed application shall be submitted to
			 the fire service training bureau by the deadline specified in the notice of
			 availability of public funds and shall include any attached materials required
			 in the instructions provided with the application form.
a. An application form shall be completed by
			 the local fire department. The application shall include contact information,
			 loan amount requested, purpose of the loan, statement of need, and current
			 financial information, and any additional information specified on the
			 application form or accompanying instructions, and shall be signed by an
			 official authorized to enter into contracts on behalf of the local fire
			 department.
b. In addition to the
			 application, the following information will be required prior to loan approval:
(1) Documentation that the department
			 requesting the loan meets the definition of a "local fire
			 department."
(2) Financial
			 statements showing income, expenses, assets, liabilities, and sources of income
			 for the department requesting the loan for a three-year period prior to the
			 loan request date.
(3) Verification
			 that the match requirement will be met. A letter from the executive or chief
			 financial officer of the agency funding the match requirement will normally be
			 sufficient.
(4) A copy of the
			 contract, bid specifications, or proposal for purchase of the
			 equipment/apparatus to be purchased with the loan proceeds, or repair work
			 order, if applicable.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.205 - Allowable Acquisitions

Current through Register Vol. 47, No. 3, July 24, 2024
Loans from the fire fighting equipment revolving loan fund may
				be used to acquire the following equipment or repair services with the
				limitations indicated:
1. Fire
			 fighting apparatus, including pumpers, tankers, ladder trucks, hazardous
			 materials emergency response vehicles, or rescue vehicles. Any apparatus
			 obtained with loan funds must comply with applicable NFPA standards, as
			 identified by the state fire marshal. Loans in this category may be awarded in
			 amounts between $25,000 and $150,000.
2. Personal protective equipment and
			 communications equipment, including personal protective clothing (structural
			 and wild land) that includes helmets, coats, boots, pants, eye protection,
			 gloves, and protective hoods; SCBA with integrated PASS devices; and radio
			 communications devices. Radio communications devices obtained with loan funds
			 must be interoperable with equipment utilized by agencies with which the agency
			 obtaining the equipment has mutual aid agreements, if such interoperable
			 equipment is available. Equipment obtained must comply with applicable NFPA
			 standards, as identified by the state fire marshal. Loans for purchase in this
			 category are limited to amounts between $10,000 and $50,000.
3. Repairs made to apparatuses identified in
			 paragraph "1." Loans in this category are limited to amounts between $10,000
			 and $50,000.
4. Purchase of
			 accessory equipment, including fire suppression equipment such as hoses,
			 ladders, small fireground tools, ventilation equipment, or vehicle extrication
			 and rescue equipment. Equipment obtained with loan funds must comply with
			 applicable NFPA standards, as identified by the state fire marshal. Loans in
			 this category are limited to amounts between $10,000 and $50,000.
5. The state fire marshal, acting on the
			 advice of the fire service and emergency response council, may establish
			 priorities for funding through the revolving loan fund. If such priorities are
			 established, they will be included in the notice of availability of funds and
			 shall be utilized only if the total amount of funding requested exceeds the
			 total of funds available to loan.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.206 - Eligibility Requirements and Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any local fire department in the state of
			 Iowa is eligible to apply for a loan.
(2) Loan applicants shall be required to
			 provide a 10 percent match.
(3) All
			 successful loan applicants shall comply fully with the fire incident reporting
			 requirements of the state fire marshal division.
(4) No loan shall be made to a local fire
			 department serving a population in excess of 30,000 people which will result in
			 excess of 50 percent of the total funds loaned at any given time being loaned
			 to local fire departments serving populations in excess of 30,000 people,
			 unless the state fire marshal finds that there are no eligible applications
			 pending from local fire departments serving populations of 30,000 people or
			 less.
(5) Following approval, loan
			 funds will be provided only after the local fire department receiving the loan
			 submits documentation showing that the department has either acquired,
			 contracted for, or issued a purchase order for the equipment. Disbursement of
			 the loan shall be in the form of a warrant payable either to the local fire
			 department and the vendor or vendors supplying the equipment or repair
			 services, or solely to the vendor or vendors, or, with the approval of the
			 state fire marshal, solely to the local fire department receiving the
			 loan.
(6) A local fire department
			 is eligible for only one loan during any five-year period or for the duration
			 of an existing loan from this program, whichever is longer.
(7) A local fire department that has been in
			 default on a loan is not eligible for additional loans through this program for
			 a period of two years beyond the time specified in subrule 259.206(6). Any
			 prior history of defaulting on a loan from the revolving loan fund will be
			 taken into account in evaluating a department's ability to repay a loan,
			 pursuant to subrule 259.204(3), paragraph
"b. "
(8) A local fire department receiving a loan
			 is subject to a financial audit and any operational or program audits necessary
			 to verify compliance with any requirements or conditions of the loan.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.207 - Loan Origination Fee and Repayment Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each approved loan shall carry an
			 origination fee of 1 percent of the loan amount, which shall be withheld by the
			 fire service training bureau from the original payout of the loan.
(2) A repayment schedule for each loan shall
			 be established at the time the loan is awarded, with a minimum of two payments
			 per year for the duration of the loan. Generally, loans of $50,000 or less
			 shall be repaid within a five-year period, and loans of more than $50,000 shall
			 be repaid within a ten-year period, although the state fire marshal may allow
			 variations for good cause. There will be no penalty for early payment. Each
			 payment shall be by warrant, check, or money order made payable to Fire Service
			 Training Bureau, Iowa Department of Public Safety, and shall be clearly marked
			 "Repayment of Loan from Fire Fighting Equipment Revolving Loan Fund."
(3) During any period when a loan is in
			 default, there shall be a penalty of 1.5 percent of the remaining unpaid
			 principal of the loan per month added to the amount of the loan.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.301 - Regional Training Center Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) There is established in the state fire
			 marshal division the regional emergency response training center program. The
			 program shall operate under the authority of the state fire marshal and shall
			 operate within the fire service training bureau. Day-to-day administration of
			 the program shall be under the supervision of the chief of the fire service
			 training bureau.
(2) The purposes
			 of the regional emergency response training center program are:
a. To administer funds appropriated for the
			 program as directed by the general assembly, under the direction of the state
			 fire marshal, and in cooperation with the state fire service and emergency
			 response council.
b. To develop
			 training curricula in cooperation with regional emergency response training
			 facilities.
c. To encourage
			 cooperation among regional emergency response training facilities, between
			 regional emergency response training facilities and the fire service training
			 bureau, and among the fire service training bureau, regional emergency response
			 training facilities, and other providers of training to emergency
			 responders.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.302 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules
				661-259.301 (100B) through 661-
				259.305(100B):
"Allocatedfunds "
means funds allocated by the
				general assembly for the construction of a particular regional emergency
				response training center.
"Bureau "
means the fire service training
				bureau in the state fire marshal division of the department of public
				safety.
"Competitive funds"
means funds which are
				appropriated or otherwise available to the regional emergency response training
				center program for construction of regional emergency response training
				facilities, but which are not designated by the general assembly for the use of
				a particular regional emergency response training center.
"Department"
means the department of public
				safety.
"Division "
means the state fire marshal
				division of the department of public safety.
"Lead agency"
means one of the community
				colleges identified as lead agencies in Iowa Code section
				100B.22(1).
"Partner agency"
means one of the agencies
				identified as partners in Iowa Code section
				100B.22(1).
"Regional emergency response training center "
means one of the centers identified in Iowa Code section
				100B.22(1).
"Trainingfacility"
includes, but is not
				limited to, the following:
1. Burn building.
2. Smokehouse.
3. Drill tower.
4. Skills building.
5. Training pads with specialized training props.
6. Maintenance facilities.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.303 - Availability of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Lead agencies of regional emergency response training
				facilities, acting in concert with their respective partner agencies, may apply
				for and receive funds appropriated or otherwise available for construction of
				regional emergency response training facilities.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.304 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applications for funds.
a.
			 Application for either allocated funds or competitive funds shall be submitted
			 to the fire service training bureau on a form specified by the state fire
			 marshal.
b. Each lead agency may
			 submit a completed application for allocated funds.
c. Any lead agency may submit a completed
			 application for competitive funds. An application for competitive funds shall
			 be submitted separately from an application from the same lead agency for
			 allocated funds.
d. Each completed
			 application shall be signed by an official of the lead agency authorized to
			 enter into contracts on behalf of the lead agency and shall be signed by an
			 official of each partner of the lead agency, each of whom shall be a person
			 authorized to enter into contracts on behalf of the partner agency.
e. Each application shall be accompanied by
			 at least two letters of support from public or private agencies employing
			 emergency responders and located in the area to be served by the regional
			 emergency response training center.
f. Each application shall include signed
			 assurances stating that the lead agency, the partner agency or agencies, if
			 any, and the regional emergency response training center shall comply with all
			 federal and state laws applicable to the administration of any funds awarded,
			 the planning, design, and construction of the regional emergency response
			 training center, and the operation of the center after construction is
			 completed.
g. All information
			 required on the application shall be completed, and all attachments required by
			 the state fire marshal shall be submitted with the application. An application
			 shall not be considered complete unless the application is in compliance with
			 this paragraph.
h. The deadline for
			 submission of each completed application for funding during a state fiscal year
			 is September 15 of that fiscal year.
EXCEPTION: If funds remain available for distribution through
				the regional emergency response training center program after all applications
				received by the September 15 deadline have been processed, the state fire
				marshal may conduct an additional application process during the same fiscal
				year. If such an additional application process is conducted, an announcement
				of the availability of funds, specifying the deadline for receipt of
				applications and other instructions for applying for funds, shall be provided
				to all regional emergency response training centers and shall be published in
				the Iowa Administrative Bulletin.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 259 - Fire Fighter Training and Equipment Funds › Rule 661-259.305 - Processing of Submitted Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All completed applications received shall
			 be reviewed by the state fire service and emergency response council or by a
			 subcommittee of the council appointed by the state fire marshal in consultation
			 with the chair of the council. The council or subcommittee shall recommend
			 funding, partial funding, or denial of each application to the state fire
			 marshal.
(2) After receiving the
			 recommendations of the council or subcommittee, the state fire marshal shall
			 make a determination as to whether funding will be awarded in whole or in part
			 for each application or whether the application will be denied. Each applicant
			 shall be notified promptly of the disposition of the applicant's application.
			 If the application is denied or partial funding is awarded, the applicant shall
			 be informed as to the reasons for the denial or partial funding. Applications
			 for funding shall be evaluated based on the criteria for funding included in
			 Iowa Code section
			 100B.22(3)
			  and any applicable criteria for establishing
			 priority for the funding established by the general assembly. Competitive
			 funding may not be used for facilities the primary purpose of which is to
			 provide advanced training.
(3)
			 Appeals.
a. An applicant who is denied
			 funding or whose application is funded in part may appeal this decision to the
			 state fire marshal. Such an appeal shall be treated as a contested case subject
			 to the provisions of rules
			 661-10.301 (17A) through
			 661-10.332 (17A), except that
			 the request for an appeal shall be filed with the State Fire Marshal Division,
			 Department of Public Safety Building, 215 East 7th Street, Des Moines, Iowa
			 50319, and wherever "commissioner" or "commissioner of public safety" appears,
			 "state fire marshal" shall be substituted.
b. Prior to appealing a decision, the
			 applicant may submit a revised application to the state fire marshal. If an
			 applicant intends to submit a revised application, the applicant shall so
			 notify the state fire marshal within the time frame established for filing an
			 appeal. Upon receipt of a revised application, the state fire marshal shall
			 cause the revised application to be processed in accordance with subrules
			 259.305(1) and 259.305(2). If a revised application is denied or funded in
			 part, the applicant may appeal in accordance with paragraph
"a"
of this subrule.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply:
"APA 87-1"
means the same as defined in Iowa
				Code section 10A.519(1)
"a."
"Commercial fireworks"
means large firework
				devices that are explosive materials intended for use in firework displays and
				designed to produce visible or audible effects by combustion, deflagration, or
				detonation, as set forth in 27 CFR 555 and 49 CFR 172 in effect on January 1,
				2001, and APA Standard 87-1, Standard for the Construction and Approval for
				Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics.
"Community group"
means the same as defined
				in Iowa Code section 10A.519(1)
"b."
"Consumer fireworks"
means the same as defined
				in Iowa Code section 10A.520(1)
"a."
"Display fireworks"
means the same as defined
				in Iowa Code section 727.2(1)
"b."
"First-class consumer fireworks"
means the
				same as defined in Iowa Code section
				10A.519(1)
"c."
"NFPA 1124"
means the National Fire Protection
				Association (NFPA) Standard 1124, published in the Code for the Manufacture,
				Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
				Articles, 2006 edition.
"Retailer"
means the same as defined in Iowa
				Code section 10A.519(1)
"d."
"Second-class consumer fireworks"
means the
				same as defined in Iowa Code section
				10A.519(1)
"e."
"Serious violation"
means any of the following
				activities occurring at a licensed retail location selling consumer
				fireworks:
1. Commission of a criminal
			 offense, punishable by one year or more incarceration.
2. Selling consumer fireworks to a
			 minor.
3. Selling commercial
			 fireworks.
"Wholesaler"
means the same as defined in
				Iowa Code section 10A.520(1)
"b."
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.2 - Sale of Consumer Fireworks-safety Standards

Current through Register Vol. 47, No. 3, July 24, 2024
Any retailer or community group offering for sale at retail any
				first-class or second-class consumer fireworks, as described in American
				Pyrotechnics Association (APA) Standard 87-1, as published in December 2001,
				shall do so in accordance with the National Fire Protection Association (NFPA)
				Standard 1124, published in the Code for the Manufacture, Transportation,
				Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition
				(hereinafter referred to as "APA 87-1" and "NFPA 1124,"
				respectively).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.3 - Sales Allowed

Current through Register Vol. 47, No. 3, July 24, 2024
A retailer or community group that is issued a license pursuant
				to this chapter is authorized to sell consumer fireworks as defined in this
				chapter. However, sales are permitted only as follows.
(1)
Prohibited sale or transfer to
			 persons under 18 years of age.
a. A
			 retailer or community group shall not transfer consumer fireworks, as described
			 in APA 87-1, chapter 3, to a person who is under 18 years of age.
b. A person, firm, partnership or
			 corporation shall not sell consumer fireworks to a person who is less than 18
			 years of age.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.4 - License Fees-consumer Fireworks Seller Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fee schedule.
The fee
			 schedule for consumer fireworks seller licenses is as provided in Iowa Code
			 section 10A.519(3).
			 License fees shall be paid before issuance of a license.
(2)
Administrative license
			 fee.
A nonrefundable administrative fee of $100 is required with every
			 application for a consumer fireworks retail sales license. The $100 fee will be
			 applied to the license fee if the license is issued.
(3)
Changing license class or
			 amount.
If a retailer or consumer group is issued a license for the
			 retail sale of one class or amount of consumer fireworks, and changes to a
			 class or amount that requires a higher license fee, the retailer or consumer
			 group shall pay only the difference in the two fees. The license for the lower
			 class will be invalid after the issuance of the new license.
(4)
No refund after
			 issuance.
Payment is final when the license is issued, and the fee
			 will not be refunded.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.5 - Application and Issuance of License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application form and
			 instructions.
The application for a license for retail sales of
			 consumer fireworks shall be made to the department as described on the
			 department's website. A license is required for each location where the retail
			 sales of consumer fireworks are conducted.
(2)
Application
			 requirements.
Applications and the accompanying plans must include all
			 required information and must be prepared in accordance with the application
			 instructions. An application will not be processed until all required
			 information is received in the form required by the instructions.
(3)
Proof of insurance.
Applicants must provide proof of and maintain commercial general liability
			 insurance with minimum per occurrence coverage of at least one million dollars
			 and aggregate coverage of at least two million dollars.
(4)
Issuance and display of
			 license.
If all of the requirements are met and the correct license
			 fee is paid, the department will issue the license. The license must be clearly
			 displayed at the location where the retail sales of consumer fireworks for
			 which the license was issued are conducted.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.6 - Fireworks Site Plan Review, Approval, and Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Plan approval.
The
			 retailer or community group shall submit to the department the proposed
			 plan(s), including any required site plan(s) for the location(s) and for any
			 building(s) or structure(s), whether permanent or temporary, that will be used
			 for the sale and storage of fireworks. Requirements and exceptions for site
			 plan submittal and approval are outlined on the department's website.
Note: Regarding the incorporation of the reference to NFPA 102,
				1995 edition, Standard for Grandstands, Folding and Telescopic Seating, Tents,
				and Membrane Structures into NFPA 1124 concerning tents and membrane
				structures, Sections 7.3.5 and 7.4.8.1.2 of NFPA 1124 should be read together
				with Section A.7.4.8.1.2 in the Explanatory Material in Annex A to NFPA 1124
				and used for the purposes of (1) determining the requirements for the means of
				egress in tents and membrane structures except as modified by Section 7.3.14 of
				NFPA 1124 for special requirements for the retail sales of consumer fireworks,
				and (2) to prohibit the use, discharge, or ignition of fireworks within the
				tent or membrane structure. The other provisions of NFPA 1124, including the
				sections relating to the retail sales of consumer fireworks in tents or
				membrane structures, remain applicable.
(2)
Plans not required.
In
			 the discretion of the department, plans may not be required in the following
			 circumstances:
a. For permanent buildings or
			 temporary structures in which only exempt amounts of first-class or
			 second-class consumer fireworks are offered for sale, pursuant to section
			 7.3.1, NFPA 1124. The licensee shall make current product inventory information
			 available to the department upon request.
b. For permanent buildings that were licensed
			 in the previous year and for which there have been no changes to the site,
			 building or floor plan. If any changes have been made, a new or updated plan
			 shall be submitted.
c. For
			 permanent buildings that are currently classified as a retail occupancy and in
			 which second-class consumer fireworks are the only fireworks that are offered
			 for sale.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.7 - Unauthorized Use of License

Current through Register Vol. 47, No. 3, July 24, 2024
Only the retailer or the community group that is issued the
				license may use that license for the retail sales of consumer fireworks. Each
				license will be issued for a specific location. The license may not be
				transferred to or used at any other location.
(1) If the retailer or community group to
			 which the license is issued changes the location where the retail sale of
			 consumer fireworks will be sold, the retailer or community group shall submit a
			 new application and all required information for the new site and pay the
			 applicable license fee. The application must be reviewed and approved in order
			 for a new license to be issued.
(2)
			 The licensed retailer or community group or the authorized representative of
			 the licensed retailer or community group must be personally present at all
			 times when consumer fireworks are being sold.
(3) No unlicensed retailer, community group,
			 person, group of people, business, or other for-profit or nonprofit entity may
			 use the license issued to another retailer or community group for the retail
			 sales of consumer fireworks, unless the licensed retailer or community group or
			 the authorized representative of the licensed retailer or community group is
			 personally present at all times when consumer fireworks are being
			 sold.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.8 - Revocation of License

Current through Register Vol. 47, No. 3, July 24, 2024
If the department or department's designee determines during a
				physical site inspection that a serious violation has occurred, the license for
				that retail location may be immediately revoked. Vendors will be given the
				opportunity to remedy violations that are not deemed serious
				violations.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.9 - Consumer Fireworks Wholesalers-registration-safety-insurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Annual
			 registration.
Each wholesaler shall register with the department
			 annually by completing and submitting the annual registration form and paying
			 the fee as required by Iowa Code section
			 10A.520(3).
(2)
Safety regulations-storage and
			 transfer.
Each wholesaler shall comply with all of the requirements of
			 NFPA 1124 for the storage and transfer of consumer fireworks.
(3)
Insurance required.
While operating as a wholesaler, each wholesaler shall maintain commercial
			 general liability insurance with minimum per-occurrence coverage of at least $1
			 million and aggregate coverage of at least $2 million.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.10 - Consumer Fireworks Fee Fund

Current through Register Vol. 47, No. 3, July 24, 2024
All fees received from the licenses issued for the retail sale
				of consumer fireworks and the annual registration fees received from
				wholesalers of consumer fireworks will be deposited into the consumer fireworks
				fee fund pursuant to Iowa Code section
				10A.519. The department will use
				the fees deposited into this fund to fulfill the responsibilities of the
				department for the administration and enforcement of Iowa Code sections
				10A.519 and
				10A.520.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.11 - Local Fire Protection and Emergency Medical Service Providers Grant Program

Current through Register Vol. 47, No. 3, July 24, 2024
The local fire protection and emergency medical service
				providers grant program is established by Iowa Code section
				10A.519(7). The
				grant program is funded with only those moneys from the consumer fireworks fee
				fund that are not needed by the department to fulfill the responsibilities of
				the department for the administration and enforcement of Iowa Code sections
				10A.519 and 10A.520.
(1)
Definitions.
The
			 following definitions apply.
"Emergency medical services"
means the same as
				defined in Iowa Code section
				147A.1(5).
"Fire protection service"
means volunteer or
				paid fire departments.
(2)
Authorized applicants.
Any local fire protection service
			 provider or local emergency medical service provider in the state of Iowa may
			 apply for grant funds from the local fire protection and emergency medical
			 service providers grant program.
(3)
Authorized purposes of grant
			 funds.
The grant funds in the local fire protection and emergency
			 medical service providers grant program may be used for the following in order
			 of priority:
a. To establish or provide
			 fireworks safety education programming to members of the public.
b. To purchase necessary enforcement,
			 protection, or emergency response equipment related to the sale and use of
			 consumer fireworks in this state.
c. To purchase necessary enforcement,
			 protection, or emergency response equipment.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.21 - License Fee Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
The following license fees shall be paid before issuance of a
				license for the retail sale of consumer fireworks.
(1)
Permanent building
-
retailer-first-class consumer fireworks.
The annual fee is
			 $1,000 for a retailer at a permanent building who devotes 50 percent or more of
			 the retailer's retail floor space to the sale or display of first-class
			 consumer fireworks.
(2)
Temporary structure
-
retailer-first-class consumer
			 fireworks.
The annual fee is $5 00 for a retailer at a temporary
			 structure who devotes 50 percent or more of the retailer's retail floor space
			 to the sale or display of first-class consumer fireworks.
(3)
Retailer-first-class consumer
			 fireworks
-
less than 50 percent of retail space.
The
			 annual fee is $400 for a retailer who devotes less than 50 percent of the
			 retailer's retail floor space to the sale or display of first-class consumer
			 fireworks.
(4)
Community
			 group-first-class consumer fireworks.
The annual fee is $400 for a
			 community group that offers for sale, exposes for sale, or sells first-class
			 consumer fireworks.
(5)
Retail sale of both first-class consumer fireworks and second-class
			 consumer fireworks.
A license issued for the retail sale of
			 first-class consumer fireworks allows the retailer or community group to sell
			 or offer for sale both first-class consumer fireworks and second-class consumer
			 fireworks at the same location. The license fee shall be based on the
			 percentage of the retail space devoted to the sale of first-class
			 fireworks.
(6)
Retailer or
			 community group
-
license for second-class fireworks
			 only.
The annual fee is $100 for a community group that offers for
			 sale, exposes for sale, or sells second-class consumer fireworks but not
			 first-class consumer fireworks. A license issued for the sale of second-class
			 consumer fireworks does not allow the community group to sell or offer or
			 expose for sale any first-class consumer fireworks.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.22 - Fees Collected

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrative license fee.
A nonrefundable administrative fee
			 of $100 is required with every application for a consumer fireworks retail
			 sales license. The $100 fee will be applied to the license fee if the license
			 is issued.
(2)
Changing
			 license class or amount.
If a retailer or consumer group is issued a
			 license for the retail sale of one class or amount of consumer fireworks, and
			 changes to a class or amount that requires a higher license fee, the retailer
			 or consumer group shall pay only the difference in the two fees. The license
			 for the lower class will be invalid after the issuance of the new
			 license.
(3)
No refund after
			 issuance.
Payment is final when the license is issued, and the fee
			 will not be refunded.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.23 - Consumer Fireworks Retail Sales License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application period.
The
			 state fire marshal will begin accepting applications for consumer fireworks
			 retail sales licenses beginning March 1 of each year The license applications
			 for permanent sites will be processed before the applications for temporary
			 sites. Complete applications will be processed in the order they are
			 submitted.
(2)
Application
			 form and instructions.
The application for a license for retail sales
			 of first-class consumer fireworks or second-class consumer fireworks, or both
			 first-class consumer fireworks and second-class consumer fireworks, shall be
			 made to the state fire marshal. The application form and instructions may be
			 found on the state fire marshal website
			 atdps.iowa.gov/divisions/state-fire-marshal/consumer-fireworks-licensing.
(3)
Application
			 requirements.
Applications and the accompanying plans must include all
			 required information and must be prepared in accordance with the application
			 instructions. An application will not be processed until all required
			 information is received in the form required by the instructions. If any
			 required information is illegible or incomplete, that application will not be
			 processed and a new application with all of the required information must be
			 submitted. The state fire marshal's office may, in its discretion, allow an
			 applicant to provide missing information without submitting a new
			 application.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.24 - Submittal of Application and Required Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following
			 must be submitted to the state fire marshal's office:
a. The completed application, signed by the
			 owner, officer, director, or another person authorized to sign documents on
			 behalf of the retailer or community group.
b. Document(s) that establish that the
			 applicant is either a community group or retailer.
c. The plan(s) for each retail sales
			 location, including any permanent or temporary building or structure.
d. The plan(s), including any required site
			 plan(s) for the location(s) and for any building(s) or structure(s), whether
			 permanent or temporary, that will be used for the storage of consumer
			 fireworks.
e. All plans and
			 drawings must be legible and include all required information and
			 measurements.
f. Proof that the
			 applicant has obtained commercial general liability insurance with minimum
			 per-occurrence coverage of at least $1 million and aggregate coverage of at
			 least $2 million.
g. The applicable
			 license fee.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.25 - Fireworks Site Plan Review and Approval

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Plan approval.
a. A license is required for each location
			 where the retail sales of consumer fireworks are conducted. The plan(s) for
			 each retail sales location, including any permanent or temporary building or
			 structure, and for each building or structure used for the storage of fireworks
			 must be submitted.
b. Every
			 location where the retail sales of consumer fireworks take place or where
			 consumer fireworks are stored, including any permanent or temporary building(s)
			 or structure(s), must do so in accordance with NFPA 1124.
c. The retailer or community group shall also
			 submit to the state fire marshal's office the proposed plan(s), including any
			 required site plan(s) for the location(s) and for any building(s) or
			 structure(s), whether permanent or temporary, that will be used for the storage
			 of fireworks.
d. The plan(s) will
			 be reviewed to determine whether it is in accordance with NFPA 1124. If the
			 plan(s) is incomplete or noncompliant, the retailer or community group will
			 receive notification of deficiencies that need to be corrected.
Note: Regarding the incorporation of the reference to NFPA 102,
				1995 edition, Standard for Grandstands, Folding and Telescopic Seating, Tents,
				and Membrane Structures into NFPA 1124 concerning tents and membrane
				structures, Sections 7.3.5 and 7.4.8.1.2 of NFPA 1124 should be read together
				with Section A.7.4.8.1.2 in the Explanatory Material in Annex A to NFPA 1124
				and used for the purposes of (1) determining the requirements for the means of
				egress in tents and membrane structures except as modified by Section 7.3.14 of
				NFPA 1124 for special requirements for the retail sales of consumer fireworks,
				and (2) to prohibit the use, discharge, or ignition of fireworks within the
				tent or membrane structure. The other provisions of NFPA 1124, including the
				sections relating to the retail sales of consumer fireworks in tents or
				membrane structures, remain applicable.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.26 - Plan Review and Inspection-guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Inspections.
a. Any retailer or community group offering
			 for sale at retail any consumer fireworks, as described in APA 87-1, shall do
			 so in accordance with NFPA 1124. Every location and any building or structure
			 where the retail sales of consumer fireworks are conducted or where consumer
			 fireworks are stored is subject to an inspection at any time while engaged in
			 the retail sale of consumer fireworks.
b. Prior to the sale of consumer fireworks,
			 each retail location shall satisfy one of the following requirements:
(1) A site inspection of the retail location
			 by the state fire marshal or the state fire marshal's designee.
(2) Attestation at the time of the
			 application by the person submitting the application that the retail location
			 will comply with NFPA 1124 and these rules, including rule
			 661-265.25
			 (100).
c. If a retail
			 location license is revoked, the location shall satisfy the requirements of
			 subparagraph 265.26(1)
"b"
(1) prior to engaging in the sale of
			 consumer fireworks the following year. The retail location shall not satisfy
			 subparagraph 265.26(1)
"b"
(2) to sell consumer
			 fireworks.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.27 - Issuance and Display of License

Current through Register Vol. 47, No. 3, July 24, 2024
The submitted application, any additional documents and
				information, and the completed inspection form shall be reviewed by the state
				fire marshal's office.
(1) If all of
			 the requirements are met and the correct license fee is paid, the state fire
			 marshal shall issue the license. The license will be sent by email or can be
			 downloaded from the state fire marshal's licensing website. The license shall
			 be effective for the applicable date(s) for the sales of consumer
			 fireworks.
(2) The license must be
			 clearly displayed at the location where the retail sales of consumer fireworks
			 for which the license was issued are conducted.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.28 - Unauthorized Use of License

Current through Register Vol. 47, No. 3, July 24, 2024
Only the retailer or the community group which is issued the
				license may use that license for the retail sales of consumer fireworks. Each
				license will be issued for a specific location. The license may not be
				transferred to or used at any other location.
(1) If the retailer or community group to
			 which the license is issued changes the location where the retail sale of
			 consumer fireworks will be sold, the retailer or community group shall submit a
			 new application and all required information for the new site and pay the
			 applicable license fee. The application must be reviewed and approved in order
			 for a new license to be issued.
(2)
			 The licensed retailer or community group or the authorized representative of
			 the licensed retailer or community group must be personally present at all
			 times when consumer fireworks are being sold.
(3) No unlicensed retailer, community group,
			 person, group of people, business, or other for-profit or nonprofit entity may
			 use the license issued to another retailer or community group for the retail
			 sales of consumer fireworks, unless the licensed retailer or community group or
			 the authorized representative of the licensed retailer or community group is
			 personally present at all times when consumer fireworks are being
			 sold.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.30 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to Division IV.
"Consumer fireworks"
means first-class
				consumer fireworks and second-class consumer fireworks, as those terms are
				defined in Iowa Code section
				100.19.
"NFPA 1124"
means the National Fire Protection
				Association (NFPA) Standard 1124, published in the Code for the Manufacture,
				Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
				Articles, 2006 edition.
"Wholesaler"
means a person who engages in the
				business of selling or distributing consumer fireworks for the purpose of
				resale in this state.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.31 - Annual Registration

Current through Register Vol. 47, No. 3, July 24, 2024
Each wholesaler shall register with the state fire marshal
				annually.
(1)
Registration
			 process.
Each wholesaler shall complete the annual registration form
			 and submit the form to the state fire marshal's office. The registration form
			 and instructions may be found on the state fire marshal's licensing
			 website.
(2)
Registration
			 fee.
Each wholesaler shall pay an annual registration fee of $1,000 to
			 the state fire marshal.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.32 - Safety Regulations-storage and Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
Each wholesaler shall comply with all of the requirements of
				NFPA 1124 for the storage and transfer of consumer fireworks.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.33 - Insurance-required

Current through Register Vol. 47, No. 3, July 24, 2024
While operating as a wholesaler, each wholesaler shall maintain
				commercial general liability insurance with minimum per-occurrence coverage of
				at least $1 million and aggregate coverage of at least $2
				million.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.40 - Revocation of License

Current through Register Vol. 47, No. 3, July 24, 2024
If the state fire marshal or state fire marshal's designee
				determines during a physical site inspection that a serious violation has
				occurred, the license for that retail location shall be immediately revoked.
				Vendors will be given the opportunity to remedy violations that are not deemed
				serious violations.