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Regulatory Assistance: Frequently Asked Questions
(FAQ)
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This "frequently asked questions page is a work
in progress. If you have a question which is not asked and answered
here, please feel free to submit your question to the Regulatory
Assistance Coordinator by e-mail.
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1. What is regulation?
One definition of "regulate" is "To
control or direct according to rule, principle, or law." Generally,
regulation is about requiring something to be done, be done in a
certain way, not to be done in a certain way, or not to be done
at all. However, the term is used here in a somewhat narrower sense,
because it excludes what is generally called "law enforcement,"
particularly the enforcement of criminal laws.
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| 2. What does the Department of Public Safety
regulate?
The Department is responsible for fire safety
regulations, the State Building Code, weapons permits, access to
certain types of criminal justice information, and licensing or
certification of the following businesses: private investigation,
private security, bail enforcement, commercial explosives, manufactured
housing installers, and fire extinguishing system contractors. On
January 1, 2007, the Department assumed responsibility for licensing
of manufactured housing dealers.
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3. Where may I obtain information about
when a weapons permit is required in Iowa and how I may obtain one?
The weapons permit program is administered by
the Program Services Bureau in the Division of Administrative Services
of the Iowa Department of Public Safety. While most weapons permits
in Iowa are issued by county sheriffs, the administrative rules
which govern the program are adopted by the Department of Public
Safety pursuant to Iowa Code Chapter 724. Detailed
information about weapons permits in Iowa is available from
the Program Services Bureau. Questions may be submitted to the Bureau
via e-mail.
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4. Is it possible to obtain criminal
history information in Iowa and how do I do so?
Iowa criminal history records are public records,
with some restrictions on how they may be obtained. Requests from
outside of law enforcement for Iowa criminal history records must
be addressed to the Division
of Criminal Investigation. Further information is available
here.
Note that only Iowa criminal histories are public records; national
criminal history records from the Federal Bureau of Investigation
are available, other than to criminal and juvenile justice agencies,
only when specifically authorized by law. Iowa requests for national
criminal history checks, when authorized by law, are also handled
by the Division
of Criminal Investigation. Please note that requests for Iowa
or national criminal histories, when the request is not coming from
a criminal or juvenile justice agency are subject to fees.
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| 5. Does
Iowa have a State Fire Code and to what does it apply?
General requirements for fire safety in Iowa are
established by the State Fire Marshal. These rules of the State
Fire Marshal apply statewide; cities and counties may also adopt
local fire ordinances, which apply within the jurisdictions in which
they are adopted in addition to the rules of the State Fire Marshal.
Iowa Code section 100.35 sets out a list of the specific types of
buildings and facilities for which the State Fire Marshal is authorized
to establish fire safety standards. Rules of the State Fire Marshal
may also apply to any structure or building "in which persons
congregate from time to time, whether publicly or privately owned."
Effective January 1, 2007, the State Fire Marshal
has adopted the International Fire Code, 2006 edition, along with
selected chapters and sections of the International Building Code,
2006 edition, as the primary basis for fire safety requirements
in Iowa. The National Electrical Code, 2005 edition, has been adopted
as the requirements for electrical installations in the state. Further
information regarding amendments which have been adopted to each
of these codes, along with specific requirements which apply to
a few specialized occupancies may be obtained from the Fire
Marshal's Web site.
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| 6. To what does the Iowa State
Building Code apply?
Iowa provides for the adoption of the State Building
Code by the Building Code Commissioner and for the adoption of local
building codes by cities and counties. Certain portions of the State
Building Code apply statewide, but most of the Code does not do
so. Political subdivisions are given the option of adopting the
State Building Code by local ordinance or may adopt their own building
codes by local ordinance, but are not required to adopt any building
code at all.
The following portions of the State Building Code
apply statewide:
- accessibility to persons with disabilities of buildings and
facilities available to the public
- energy conservation requirements in the construction of buildings
and facilities (local jurisdictions are allowed some discretion
to adopt their own energy codes in lieu of the state requirements)
- lighting efficiency standards in certain buildings
- minimum plumbing facilities in places of public assembly, restaurants,
pubs, and lounges
- standards for factory built structures, which include modular
buildings, including modular houses, and manufactured housing
The whole of the State Building Code applies to the following construction:
- any construction of state owned buildings and facilities
- any construction in any local jurisdiction which has adopted
the State Building Code by local ordinance
- new, or initial construction of any building or facility whose
construction is financed in whole or in part by the state, but
is not owned by the state, if the construction is in a local jurisdiction
which has not adopted a local building code or which has a local
building but does not enforce it through a program of both plan
reviews and inspections
- construction of school buildings in a location in which there
is no local building code, provided that the school district uses
local sales and services tax
moneys for school infrastructure
- any construction of a gaming facility in a location in which
there is no local building code
- any construction of elder group homes where there is no local
building code.
Further information about the State Building Code may be obtained
from the Building
Code Bureau area on this Web site.
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7. Will
construction projects be affected by the new requirements for statewide
licensing of electricians and electrical contractors?
No. Licenses will be required once the Electrician Examining Board
is appointed, the administrative rules are in place, the program
is established, and prospective licensees have had an opportunity
to apply for and receive their licenses.
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