Iowa Administrative Code
Agency 661 - PUBLIC SAFETY DEPARTMENT
Chapter 200 - FIRE MARSHAL ADMINISTRATION
Rule 661-200.8 - Inspection based on complaint
Current through Register Vol. 46, No. 19, March 20, 2024
(1) Request for inspection. A person requesting the inspection of a building, facility, or installation that is alleged to require repair, removal or demolition because it presents a significant fire hazard shall provide the following information, if known:
(2) Initial determination. The fire marshal, upon receipt of the information, shall make an initial determination whether there are sufficient allegations to warrant an inspection.
(3) Cause to be inspected. After initial determination, the fire marshal shall cause the inspection of the building, facility, or installation to determine if:
(4) Final decision. Upon completion of the inspection, the fire marshal shall decide if the building, facility, or installation needs to be removed or repaired.
Note: An owner who receives an order from the fire marshal may appeal the order using procedures established in rule 661-200.2(100).
(5) Verification of legal description. The county attorney shall, upon receipt of the fire marshal's notice and order, verify the legal description and identification of the property owner and shall advise the fire marshal how to properly serve the order.
(6) Contents of order. The order shall notify the owner of the building, facility, or installation that the order becomes effective upon its receipt or issuance. The order shall also notify the owner that, within five days after the order's effective date, the owner may file a petition for review of the order in accordance with Iowa Code section 100.14.
(7) Who shall be served. If the county attorney deems it appropriate, any occupants, lienholders or lessees shall be served with a copy of the order.
(8) Reasonable time to comply. The order shall give the owner a reasonable time to comply with its mandate(s). The fire marshal shall determine what constitutes a reasonable time by considering the likelihood of fires, the possibility of personal injury or property loss, the cost, availability of materials and labor to correct, repair, remove or demolish the building, facility, or installation and other reasonable, relevant information.
(9) Reinspection. If the owner of the building, facility, or installation elects not to challenge the fire marshal's order, the fire marshal shall, at the end of the period during which compliance was required, conduct another inspection of the building, facility, or installation.
Note: An owner who receives a notice of noncompliance from the fire marshal may appeal the notice using procedures established in rule 661-200.2(100).
(10) Failure to comply. Upon receipt from the fire marshal of notice of the owner's failure to comply, the county attorney shall:
(11) Final action taken. The fire marshal, upon the advice of the county attorney, may repair, remove or destroy the building, facility, or installation. Such destruction may occur by: