Terms Used In Iowa Code > Chapter 3 - Statutes and Related Matters

• Agent: means a distributor as defined in section 453A. See Iowa Code 101B.2
• Alarm system: means a system or portion of a combination system that consists of components and circuits arranged to monitor and annunciate the status of a fire alarm, security alarm, or nurse call or supervisory signal-initiating devices and to initiate the appropriate response to those signals, but does not mean any such security system or portion of a combination system installed in a prison, jail, or detention facility owned by the state, a political subdivision of the state, the department of health and human services, or the Iowa veterans home. See Iowa Code 100C.1
• Alarm system contractor: means a person engaging in or representing that the person is engaging in the business of layout, installation, repair, alteration, addition, maintenance, or maintenance inspection of alarm systems in this state. See Iowa Code 100C.1
• Alarm system installer: means a person engaged in the layout, installation, repair, alteration, addition, or maintenance of alarm systems as an employee of an alarm system contractor, or as an employee of any employer other than an alarm system contractor in a building or facility owned or occupied by such employer. See Iowa Code 100C.1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Apprentice: means any person, other than a helper, journeyperson, or master, who, as a principal occupation, is engaged in working as an employee of a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic systems contractor under the supervision of either a master or a journeyperson and is progressing toward completion of an apprenticeship training program registered by the office of apprenticeship of the United States department of labor while learning and assisting in the design, installation, and repair of plumbing, HVAC, refrigeration, sheet metal, or hydronic systems, as applicable. See Iowa Code 105.2
• Apprentice fire protection system installer and maintenance worker: means a person who is registered in an apprenticeship program approved by the United States department of labor who is engaged in learning the fire protection system industry trade under the direct supervision of a responsible managing employee of a certified fire extinguishing system contractor or licensed fire protection system installer and maintenance worker other than a trainee. See Iowa Code 100D.1
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Automatic sprinkler system: means an integrated fire protection sprinkler system usually activated by heat from a fire designed in accordance with fire protection engineering standards and includes a suitable water supply. See Iowa Code 100C.1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• board: means the state building code board of review created by this chapter. See Iowa Code 103A.3
• Board: means the plumbing and mechanical systems board as established pursuant to section 105. See Iowa Code 105.2
• building: includes any part of a building unless the context clearly requires a different meaning. See Iowa Code 103A.3
• Building regulations: means any law, bylaw, rule, resolution, regulation, ordinance, or code or compilation enacted or adopted, by the state or any governmental subdivision, including departments, boards, bureaus, commissions or other agencies, relating to the construction, reconstruction, alteration, conversion, repair or use of buildings and installation of equipment therein. See Iowa Code 103A.3
• Chambers: A judge's office.
• Cigarette: means cigarette as defined in section 453A. See Iowa Code 101B.2
• Clandestine laboratory site: means a location or operation, including but not limited to buildings or vehicles equipped with glassware, heating devices, and precursors or related reagents and solvents needed to unlawfully prepare or manufacture controlled substances defined in chapter 124. See Iowa Code 124C.1
• Cleanup: means actions necessary to contain, collect, control, identify, analyze, disassemble, treat, remove, or otherwise disperse all substances and materials, including but not limited to those found to be hazardous waste as defined in section 455B. See Iowa Code 124C.1
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• code: means the state building code provided for in section 103A. See Iowa Code 103A.3
• Commissioner: means the state building code commissioner created by this chapter. See Iowa Code 103A.3
• Commissioner: means the commissioner of public safety. See Iowa Code 124C.1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means the construction, erection, reconstruction, alteration, conversion, repair, equipping of buildings, structures or facilities, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See Iowa Code 103A.3
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means a person or entity that provides plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems services on a contractual basis and who is paid a predetermined amount under that contract for rendering those services. See Iowa Code 105.2
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the state building code advisory council created by this chapter. See Iowa Code 103A.3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 154A.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 103A.3
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 100C.1
• Department: means the department of public safety. See Iowa Code 124C.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 100D.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 101B.2
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 105.2
• Dependent: A person dependent for support upon another.
• Destructive device: means any of the following:
   a. See Iowa Code 101A.1
• Detonator: includes an electric detonator of instantaneous or delay type, a detonator for use with safety fuses, a detonating cord delay connector, and a nonelectric detonator or instantaneous or delay type which consists of a detonating cord, shock tube, or any other replacement for electric leg wires. See Iowa Code 101A.1
• Devise: To gift property by will.
• Director: means the director of the department of inspections, appeals, and licensing or the director's designee. See Iowa Code 103A.3
• Director: means the director of the department of inspections, appeals, and licensing or the director's designee. See Iowa Code 101A.1
• Director: means the director of the department of inspections, appeals, and licensing or the director's designee. See Iowa Code 100C.1
• Director: means the director of the department of inspections, appeals, and licensing or the director's designee. See Iowa Code 100D.1
• Equipment: means plumbing, heating, electrical, ventilating, conditioning, refrigerating equipment, elevators, dumbwaiters, escalators, and other mechanical facilities or installations. See Iowa Code 103A.3
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• explosive: includes all materials which are classified as a class 1, division 1. See Iowa Code 101A.1
• Explosive materials: means explosives, blasting agents, and detonators. See Iowa Code 101A.1
• Factory-built structure: includes the terms "mobile home" "manufactured home" and "modular home". See Iowa Code 103A.3
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fire extinguishing system contractor: means a person engaging in or representing oneself to the public as engaging in the activity or business of layout, installation, repair, alteration, addition, maintenance, or maintenance inspection of automatic fire extinguishing systems in this state. See Iowa Code 100C.1
• Fire extinguishing system contractor: means a person or persons who are engaging in or representing themselves to the public as engaging in the activity or business of layout, installation, repair, service, alteration, addition, testing, maintenance, or maintenance inspection of automatic fire extinguishing systems in this state, as defined in section 100C. See Iowa Code 100D.1
• Fire protection system: means a sprinkler system, standpipe system, hose system, special hazard system, dry system, foam system, or any water-based fire protection system, whether engineered or preengineered and whether manual or automatically activated, used for fire protection purposes which may include an integrated system of underground and overhead piping and which may be connected to a water source. See Iowa Code 100D.1
• Fire protection system installation: means to set up or establish for use in an indicated space a fire protection system. See Iowa Code 100D.1
• Fire protection system installer and maintenance worker: means a person who, having the necessary qualifications, training, experience, and technical knowledge, conducts fire protection system installation and maintenance, and who is licensed by the department to install or maintain the types of fire protection systems endorsed on the license. See Iowa Code 100D.1
• Fire protection system maintenance: means to provide repairs, including all inspections and tests, required to keep a fire protection system and its component parts in an operative condition at all times, and the replacement of the system or its component parts when they become undependable or inoperable. See Iowa Code 100D.1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental subdivision: means any city, county, or combination thereof. See Iowa Code 103A.3
• Governmental subdivision: means any city, county, or combination thereof. See Iowa Code 105.2
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous substance: means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, and other substances defined in rules adopted pursuant to section 455B. See Iowa Code 124C.1
• Helper: means a person engaged in general manual labor activities who provides assistance to an apprentice, journeyperson, or master while under the supervision of a journeyperson or master. See Iowa Code 105.2
• HVAC: includes all natural, propane, liquid propane, or other gas lines associated with any component of an HVAC system. See Iowa Code 105.2
• Hydronic: includes all low-pressure and high-pressure systems and all natural, propane, liquid propane, or other gas lines associated with any component of a hydronic system. See Iowa Code 105.2
• importation: means transfer into the state of Iowa. See Iowa Code 101A.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Installation: means the assembly of factory-built structures on site and the process of affixing factory-built structures to land, a foundation, footings, or an existing building. See Iowa Code 103A.3
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Journeyperson: means any person, other than a master, who, as a principal occupation, is engaged as an employee of, or otherwise working under the direction of, a master in the design, installation, and repair of plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems, as applicable. See Iowa Code 105.2
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• license: means a license issued by the director pursuant to this chapter. See Iowa Code 101A.1
• Licensee: means a person holding a commercial license issued by the director pursuant to this chapter. See Iowa Code 101A.1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local building department: means an agency of any governmental subdivision charged with the administration, supervision, or enforcement of building regulations, approval of plans, inspection of buildings, or the issuance of permits, licenses, certificates and similar documents, prescribed or required by state or local building regulations. See Iowa Code 103A.3
• Local building regulations: means building regulations adopted by a governmental subdivision. See Iowa Code 103A.3
• Magazine: means any building or structure, other than an explosives manufacturing building, approved by the director or the director's designated agent for the storage of explosive materials. See Iowa Code 101A.1
• Maintenance inspection: means periodic inspection and certification completed by a fire extinguishing system contractor. See Iowa Code 100C.1
• Manufacturer: means any of the following:
   a. See Iowa Code 101B.2
• Master: means any person who works in the planning or superintending of the design, installation, or repair of plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems and is otherwise lawfully qualified to conduct the business of plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems, and who is familiar with the laws and rules governing the same. See Iowa Code 105.2
• Mechanical professional: means a person engaged in the HVAC, refrigeration, sheet metal, or hydronic industry. See Iowa Code 105.2
• Mechanical systems: means HVAC, refrigeration, sheet metal, and hydronic systems. See Iowa Code 105.2
• Medical gas piping: means a permanent fixed piping system in a health care facility which is used to convey oxygen, nitrous oxide, nitrogen, carbon dioxide, helium, medical air, and mixtures of these gases from its source to the point of use and includes the fixed piping associated with a medical, surgical, or gas scavenging vacuum system, as well as a bedside suction system. See Iowa Code 105.2
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• New construction: means construction of buildings and factory-built structures which is commenced on or after January 1, 1978. See Iowa Code 103A.3
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the owner of the premises, a mortgagee or vendee in possession, an assignee of rents, or a receiver, executor, trustee, lessee or other person in control of a building or structure. See Iowa Code 103A.3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• permit: means a permit issued by a county sheriff or chief of police of a city of ten thousand or more population, pursuant to this chapter. See Iowa Code 101A.1
• Permittee: means a person holding a user's permit issued pursuant to this chapter. See Iowa Code 101A.1
• Person: means a natural person. See Iowa Code 154A.1
• Person: means any individual, corporation, partnership, or association. See Iowa Code 101A.1
• person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
• Person having control over a clandestine laboratory site: means a person who at any time possesses, produces, handles, stores, uses, transports, or disposes of a hazardous substance or controlled substance used or intended for use at a clandestine laboratory site. See Iowa Code 124C.1
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plumbing: includes potable water piping, potable water treating or using equipment, medical gas piping systems, fuel gas piping, water heaters and vents, including all natural, propane, liquid propane, or other gas lines associated with any component of a plumbing system. See Iowa Code 105.2
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preengineered fire protection system: means a fire protection system that has a predetermined flow rate, nozzle pressure, and quantity of extinguishing agent. See Iowa Code 100D.1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• primary purpose is to provide comfort: means a system or appliance in which at least fifty-one percent of the capacity generated by its operation, on an annual average, is dedicated to comfort heating or cooling. See Iowa Code 105.2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• property: includes personal and real property. See Iowa Code 4.1
• Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the repeatability testing, and which program ensures that the testing repeatability remains within the required repeatability values specified in section 101B. See Iowa Code 101B.2
• Quorum: The number of legislators that must be present to do business.
• Refrigeration: includes all natural, propane, liquid propane, or other gas lines associated with any component of refrigeration. See Iowa Code 105.2
• Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time. See Iowa Code 101B.2
• Responsible managing employee: means one of the following:
   a. See Iowa Code 100C.1
• Responsible managing employee: means an owner, partner, officer, or manager employed full-time by a fire extinguishing system contractor who is certified by the national institute for certification in engineering technologies at a level three in fire protection technology, automatic sprinkler system layout, or another certification in automatic sprinkler system layout recognized by rules adopted by the director pursuant to section 100C. See Iowa Code 100D.1
• Retailer: means retailer as defined in section 453A. See Iowa Code 101B.2
• Routine maintenance: means the repair or replacement of existing fire protection system components of the same size and type for which no changes in configuration are made, including the replacement of sprinkler heads or nozzles and the temporary disabling and subsequent restarting of a system as necessary to perform such routine maintenance. See Iowa Code 100D.1
• Routine maintenance: means the maintenance, repair, or replacement of existing fixtures or parts of plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems in which no changes in original design are made. See Iowa Code 105.2
• Rule: includes "regulation". See Iowa Code 4.1
• Sale: means any transfer of title or possession, exchange or barter, in any manner or by any means or any agreement. See Iowa Code 101B.2
• seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
• Sell: means to sell, or to offer or agree to sell. See Iowa Code 101B.2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sheet metal: means heating, ventilation, air conditioning, pollution control, fume hood systems and related ducted systems or installation of equipment associated with any component of a sheet metal system. See Iowa Code 105.2
• Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• State agency: means a state department, board, bureau, commission, or agency of the state of Iowa. See Iowa Code 103A.3
• State historic building code: means the alternative building regulations and building standards for certain historic buildings provided for in section 103A. See Iowa Code 103A.3
• Statute: A law passed by a legislature.
• structure: includes any part of a structure unless the context clearly requires a different meaning. See Iowa Code 103A.3
• Subpoena: A command to a witness to appear and give testimony.
• Sustainable design: means construction design intended to minimize negative environmental impacts and to promote the health and comfort of building occupants including but not limited to measures to reduce consumption of nonrenewable resources, minimize waste, and create healthy, productive environments. See Iowa Code 103A.3
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trainee: means a person who is engaged in learning the fire protection system industry trade under the direct supervision of a responsible managing employee of a certified fire extinguishing system contractor or licensed fire protection system installer and maintenance worker and who is not registered with the United States department of labor. See Iowa Code 100D.1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes all the states. See Iowa Code 4.1
• Wholesaler: means wholesaler as defined in section 453A. See Iowa Code 101B.2
• year: means twelve consecutive months. See Iowa Code 4.1