United States — Iowa
Iowa Code § 100.35 - Fire control rules of director — penalties. Transferred to §10A.523;
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This provision is reserved and contains no operative rule in the provided text.
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United States — Iowa
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This provision is reserved and contains no operative rule in the provided text.
United States — Iowa
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2023 Acts, ch 19, §1711 .
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This text is a citation to 2023 Acts, chapter 19, section 1711.
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A fire official who fails or refuses to make an investigation or report required by sections 100.2 and 100.3 commits a simple misdemeanor.
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The state fire marshal may ban open burning in an area under specified dry or dangerous conditions, and must issue a proclamation to affected persons.
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Fire officials may issue citations for violations covered by this provision and local fire safety codes, following chapter 805.
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Reports required by section 100.3 must be kept on file for public inspection in the fire marshal’s office, unless disclosure would seriously jeopardize a criminal investigation.
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If consent to inspect certain fire-damaged or fire-related property is refused, the state fire marshal, a state arson investigator, or another authorized official may apply to district court for a special inspection warrant.
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A judicial officer must review an application and may take sworn testimony or affidavits to support it; if satisfied, the officer must issue an inspection warrant.
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An inspection warrant must state its grounds, be directed to the applicant or another authorized person, identify the place and any property to be seized, and may direct service during normal business hours and return to a magistrate.
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A warrant must be executed and returned within 10 days unless the court sets a different deadline, and copies, receipts, and inventories must be delivered or filed promptly.
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If further investigation is needed, the fire marshal or a designated subordinate must take sworn testimony from knowledgeable persons and reduce it to writing.
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The fire marshal and designated subordinates may administer oaths, compel witnesses to attend and testify, and require relevant books, papers, or documents for an investigation.
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A witness must comply with the fire marshal’s lawful orders, be sworn when required, and produce relevant books, papers, or documents, unless another law provides otherwise.
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If the fire marshal thinks there is enough evidence for arson-related or related fraud charges, the marshal must arrest and charge the person and send the evidence to the proper county attorney.
United States — Iowa
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This provision defines “authorized agencies,” “insurance company,” and “relevant information.”
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Insurance companies must give fire-loss information to authorized agencies when requested, report suspected arson-related losses in writing, and respond to agency information requests within 30 days.
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An authorized agency or insurance company that receives information under section 100A.2 must keep it confidential unless release is required in a criminal or civil proceeding.
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A person or agency that intentionally or knowingly refuses to release requested information, or a person who fails to keep required information confidential, commits a simple misdemeanor.
United States — Iowa
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This chapter does not affect or repeal municipal ordinances on fire prevention or arson control, and state fire marshal/public safety jurisdiction in the municipality is concurrent with municipal and county authorities.