Iowa Admin. Code r. 661-200.4 - Inspections and inspection fees.
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).
(7) Inspection fees. The following
fees shall apply respectively to inspections of the facilities of the types
listed where a certificate of inspection from the fire marshal is required in
order to obtain licensure or certification under Iowa law. The inspection fee
shall be paid by check made payable to the Fire Marshal Division, Iowa
Department of Public Safety. If a certificate of occupancy is required for use
of the building, facility, or installation, the certificate shall not be issued
until the inspection fee has been paid.
a.
The inspection fee for a hospital or health care facility licensed or seeking
licensure pursuant to Iowa Code chapter 135B or 135C or a group home licensed
or seeking licensure in this state is $2.50 per bed.
b. The inspection fee for an elder group home
certified or seeking certification pursuant to Iowa Code chapter 23 IB or an
assisted living facility licensed or seeking licensure pursuant to Iowa Code
chapter 231C is $10 per bed.
c. The
inspection fee for an adult day services program certified or seeking
certification pursuant to Iowa Code chapter 23 ID is $75 per
facility.
d. The inspection fee for
a child care facility licensed or seeking licensure pursuant to Iowa Code
chapter 237A is $25 per facility.
e. When an initial inspection which requires
a fee pursuant to paragraphs"a, " "b, " or"c"
of this subrule results in a finding of a deficiency or deficiencies which
require a reinspection, the initial reinspection shall be performed without the
imposition of any additional fee. If the original deficiency or deficiencies
have not been corrected at the time of the initial reinspection, then a fee of
$125 for each additional reinspection after the initial reinspection is
required until the original deficiency or deficiencies have been corrected.
f. The fee for a suitability
inspection of a prospective site for a building, facility, or installation
which may seek licensure or certification from the state of Iowa is
$150.
Notes
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