Title III, PUBLIC SERVICES AND REGULATION (Ch. 80 - 122C)

When death, serious bodily injury, or property damage in excess of two hundred thousand dollars has occurred as a result of a fire, or if arson is suspected, the fire official required by section 100.2 to make fire investigations, shall notify the state fire marshal’s division im…

Investigation by or under the direction of the state fire marshal or the fire marshal’s designated subordinates may in their discretion be private. They may exclude from the place where such investigation is held all persons other than those required to be present, and witnesses …

The state fire marshal shall file with the governor annually, at the time provided by law, a detailed report of the fire marshal’s official acts and of the affairs of the fire marshal’s office. The report shall be published and distributed in the same manner as the reports of oth…

The failure or refusal of a fire official to make an investigation or report required by sections 100.2 and 100.3 is a simple misdemeanor. [S13, §2468-e; C24, 27, 31, 35, 39, § 1626; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §100.4 ] 84 Acts, ch 1095, §3

1. The state fire marshal, during periods of extremely dry conditions or under other conditions when the state fire marshal finds open burning constitutes a danger to life or property, may prohibit open burning in an area of the state at the request of the chief of a local fire d…

Fire officials acting under the authority of chapter 10A, subchapter V, part 2 , may issue citations in accordance with chapter 805 , for violations of chapter 10A, subchapter V, part 2 , or a violation of a local fire safety code. 84 Acts, ch 1095, §8 ; 2023 Acts, ch 19, §1503 ;…

1. Reports required by section 100.3 shall be kept on file for public inspection in the fire marshal’s office. In those circumstances where disclosure of particular facts in the reports would plainly and seriously jeopardize an investigation of criminal activity, the portions of …

If consent to inspect property damaged or destroyed by fire to determine the cause, origin and circumstances of the fire or to inspect property subject to rules adopted under section 10A.523 has been refused to the official authorized to make the inspection, the state fire marsha…

1. The judicial officer shall review the application and may take sworn testimony or receive affidavits to supplement the application. 2. If the judicial officer is satisfied that there are legal grounds under the circumstances specified in the application and any supplementary t…

Each inspection warrant issued under this chapter shall: 1. State the grounds for its issuance. 2. Be directed to the applicant or some other designated person authorized to conduct the inspection. 3. Command the person to whom it is directed to inspect the area, premises, buildi…

1. A warrant issued under this chapter must be executed and returned within ten days from the date of issuance unless, upon the showing of a need for additional time, the court so instructs otherwise in the warrant. A copy of the warrant shall be delivered to a person in charge o…

The fire marshal or the fire marshal’s designated subordinate shall, when in the fire marshal’s or subordinate’s opinion further investigation is necessary, take or cause to be taken the testimony under oath of all persons supposed to have knowledge of any facts, or to have means…

The fire marshal and the fire marshal’s designated subordinates shall each have power in any county in the state to administer an oath and compel the attendance of witnesses before them, or either of them, to testify in relation to any matter which is by the provisions of this ch…

Any witness who refuses to be sworn, except as otherwise provided by law, or who disobeys any lawful order of said fire marshal, or the fire marshal’s designated subordinates, or who fails to produce any books, papers, or documents touching any matter under examination, shall be …

If the fire marshal shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, the fire marshal shall cause su…