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Rulemaking Plan

Administrative rulemaking actions anticipated by the Department of Public Safety and its six rulemaking authorities during state fiscal year 2012 (from July 1, 2011 through June 30, 2012) are summarized below.

This plan is intended to provide information about rulemaking anticipated by the Department as well as it was known at the time it was developed. It does not restrict the ability of the Department to respond to any needs or demands for rulemaking which occur during the period covered by the plan.

Regulatory Objectives

The Iowa Department of Public Safety and the following rule making authorities:

  • Commissioner of Public Safety
  • State Fire Marshal
  • Building Code Commissioner
  • Board of Trustees of the Public Safety Peace Officers Retirement, Accident, and Disability System
  • Electrical Examining Board
  • Statewide Interoperable Communications System Board (included under Department of Public Safety agency number, although the Board is created under the “joint purview” of the Departments of Public Safety and Transportation)

subscribe to the following objectives with regard to their rule making responsibilities.

  • To provide by rule general statements that implement, interpret or prescribe law or policy or serve an important public need;
  • To describe by rule the organization, procedures, and requirements of the Department and the programs administered by each rulemaking authority;
  • To describe accurately and clearly requirements and procedures which apply to persons affected by activities of the Department and all programs administered by each rulemaking authority.
  • To apply sound economic, scientific, and policy analysis;
  • To use an open, inclusive process for rule making; and
  • To provide rules that are plain-spoken, direct, productive and are necessary to carry out the laws of Iowa and federal requirements, where applicable.

In doing so, these rule-making authorities will strive to further the Governor’s priorities for ensuring the safety and health of all Iowans and Iowa’s communities, while facilitating economic growth.

Numbering of Chapters of Administrative Rules

A significant initiative which has been underway for several years undertakes to reorganize the chapter of administrative rules of the Department of Public Safety.  Historically, when new subjects for rulemaking arose, the next unused chapter number or a slightly larger number was used.  Until recent years, this has proved a reasonably satisfactory method of organizing the administrative rules of the Department.  As the subjects and numbers of rules have increased, this method of organizing rules has become unwieldy and confusing.  To facilitate access by interested persons to the administrative rules of the Department of Public Safety, a framework has been developed for the numbering of chapters of these rules:

This numbering system has been implemented as rulemaking takes place in affected areas, rulemaking has not been undertaken solely to renumber a given chapter or set of rules.

Anticipated Rulemaking Activities

Rulemaking Authority: Commissioner of Public Safety

Subject/
Current Chapter

Legal
Basis

Explanation

Organization of the Department of Public Safety

661—Ch. 1

Iowa Code section 17A.3

Update references to units of the Department.

Practice and Procedure Before the Department of Public Safety

661—Ch. 10

Iowa Code section 17A.3

Update current references to units of the Department, and to clarify certain procedures.

Former Department of Public Safety Peace Officer Identification Cards

661—Ch. 93 (new)

18USC§926C

New subject matter; identification cards for retired peace officers are needed for these officers to exercise their rights under the Law Enforcement Officers Safety Act of 2004.

IOWA System

661—Chs. 8 and 82

Iowa Code sections 80.9 and 692.14
28 CFR 20

I.O.W.A. System requirements: general update will be undertaken, including deletion of references to handling of information on HIV status..

New 661—Chapter 82.

Licensing of Bail Enforcement, Private Investigative, and Private Security Agencies

661—Ch. 121

Iowa Code section 80A.15 General updating will be undertaken, consideration will be given to removing requirements which are not required by statute.

Operations of the State Criminalistics Laboratory

661—Chs. 95, 150, 156, 157, 158

Iowa Code sections 321J.2 and 693.1 General updating will be undertaken, including references to standards for DNA handling and "detectable" levels of drugs other than alcohol

Rulemaking Authority: State Fire Marshal
Subject/Current Chapter

Legal
Basis

Explanation

General Fire Safety Requirements; Inspections of Bleachers

661—Ch. 201

Iowa Code section 100.1 Rulemaking already started will be completed clarifying qualifications of those conducting required annual inspections of bleachers, telescopic seating, and grandstands (coordinated with rulemaking by Building Code Commissioner).

General Fire Safety Requirements: Standards for Electrical Installations

661—Ch. 201

Iowa Code section 100.1

Reference to national standards will be updated to National Electrical Code, 2011 edition (coordinated with rulemaking by Building Code Commissioner and Electrical Examining Board).

Liquefied Natural Gas (LNG)

661—Ch. 228 (new)

Iowa Code section 101.1

Separate rules for LNG will be established with references to current editions of nationally-recognized codes.

Fire Fighter Training and Certification

661—Ch. 251

Iowa Code section 100B.10 Reference to new editions of National Fire Protections Association will be adopted as required for continued recognition of Iowa's Fire Fighter Certification program

Rulemaking Authority: State Building Code Commissioner*

Subject

Legal
Basis

Explanation

Modular Buildings and Manufactured Homes

661—Chs. 16, 322, and 323

Iowa Code section 103A.9

Rules governing construction and installation of modular buildings and structures and manufactured homes will be updated and renumbered. Specific elements requiring updating will be researched.

General Requirements: Inspections of Bleachers

661—Ch. 301

Iowa Code section 103A.7 Rulemaking already started will be completed clarifying qualifications of those conducting required annual inspections of bleachers, telescopic seating, and grandstands (coordinated with rulemaking by State Fire Marshal).

General Requirements: Standards for Electrical Installations

661—Ch. 301

Iowa Code section 103A.7

Reference to national standards will be updated to National Electrical Code, 2011 edition (coordinated with rulemaking by State Fire Marshal and Electrical Examining Board).

Accessibility for Persons with Disabilities

661—Ch. 302

Iowa Code sections 103A.7 and 104.A2

Adoption of new version of federal accessibility guidelines to ensure consistency and compatibility with applicable federal requirements.

*Approval of the Building Code Advisory Council is also required for amendments to the State Building Code.

Rulemaking Authority: Board of Trustees of the
Public Safety Peace Officers’ Retirement, Accident, and Disability System

Subject

Legal
Basis

Explanation

Peace Officers’ Retirement, Accident, and Disability System

661—Chs. 401 through 403

Iowa Code section 97A.5

Research is being conducted to determine need for amendments to current rules in a number of areas.


Rulemaking Authority: Electrical Examining Board

Subject

Legal
Basis

Explanation

General Requirements: Standards for Electrical Installations

661—Ch. 504

Iowa Code section 103.6

Reference to national standards will be updated to National Electrical Code, 2011 edition (coordinated with rulemaking by State Fire Marshal and State Building Code Commissioner).

Electrician and Electrical Contractor Licensing Program

661—Ch. 500 through 503

Iowa Code section 103.6 Research is ongoing to determine needed amendments. Procedures for licensing journeyman and master electricians without examination will be established for persons similarly licensed in other states which establish reciprocal license agreements with Iowa.

Electrical Inspection Program

661—Chs. 550 through 559

Iowa Code section 103.6

Research is ongoing to determine any needed amendments. Procedures related to unpaid permit fees will be established.


Rulemaking Authority: Statewide Interoperable Communications System Board

Subject

Legal
Basis

Explanation

Communications Interoperability

661—Ch. 600

Iowa Code section 80.29

Adoption of organizational and procedural rules for the Board, which has commenced, will be completed. Research will be ongoing to determine additional areas needing rulemaking by the Board.

Any questions or comments regarding the plan should be addressed to:

Agency Rules Administrator
Iowa Department of Public Safety
State Public Safety Headquarters Building
215 East 7th Street
Des Moines, Iowa 50319-0040
E-Mail: admrule@dps.state.ia.us

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Created: 05-10-2006
Last Updated: 06-27-2011 (MRC)