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

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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 electrician: means any person who, as such person's principal occupation, is engaged in learning and assisting in the installation, alteration, and repair of electrical wiring, apparatus, and equipment as an employee of a person licensed under this chapter, and who is licensed by the board and is progressing toward completion of an apprenticeship training program registered by the office of apprenticeship of the United States department of labor. See Iowa Code 103.1
• 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
• Board: means the plumbing and mechanical systems board as established pursuant to section 105. See Iowa Code 105.2
• Board: means the board of hearing aid specialists. See Iowa Code 154A.1
• Board: means the board of pharmacy. See Iowa Code 124B.1
• board: means the state building code board of review created by this chapter. See Iowa Code 103A.3
• Board: means the electrical examining board created under section 103. See Iowa Code 103.1
• 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.
• Child: includes child by adoption. See Iowa Code 4.1
• 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
• Commercial: refers to a use, installation, structure, or premises associated with a place of business where goods, wares, services, or merchandise is stored or offered for sale on a wholesale or retail basis. See Iowa Code 103.1A
• Commissioner: means the commissioner of public safety. See Iowa Code 124C.1
• Commissioner: means the state building code commissioner created by this chapter. See Iowa Code 103A.3
• 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.
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• 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
• Controlled substance: means a controlled substance as defined in section 124. See Iowa Code 124B.1
• 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
• Council: means the Iowa propane education and research council established pursuant to section 101C. See Iowa Code 101C.2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Iowa department of public health. See Iowa Code 105.2
• Department: means the department of public safety. See Iowa Code 124C.1
• Department: means the department of inspections and appeals. See Iowa Code 135B.1
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Doctor: shall mean any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state. See Iowa Code 135B.20
• Education: means any activity designed to provide information regarding propane, propane equipment, mechanical and technical practices, and uses of propane to consumers and members of the propane industry. See Iowa Code 101C.2
• Electrical contractor: means a person affiliated with an electrical contracting firm or business who is, or who employs a person who is, licensed by the board as either a class A or class B master electrician and who is also registered with the state of Iowa as a contractor pursuant to chapter 91C. See Iowa Code 103.1
• Energy star certification: means meeting energy efficiency standards and guidelines pursuant to the energy star program developed and jointly administered by the United States environmental protection agency and United States department of energy. See Iowa Code 101C.2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Factory-built structure: includes the terms "mobile home" "manufactured home" and "modular home". See Iowa Code 103A.3
• Farm: means land, buildings and structures used for agricultural purposes including but not limited to the storage, handling, and drying of grain and the care, feeding, and housing of livestock. See Iowa Code 103.1
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• 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 department: means the fire department of a city, township, or benefited fire district. See Iowa Code 102.1
• Fire marshal: means the state fire marshal as provided in section 100. See Iowa Code 101C.2
• 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.
• Governmental subdivision: means any city, county, or combination thereof. See Iowa Code 105.2
• Governmental subdivision: means any city, county, or combination thereof. See Iowa Code 103A.3
• Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board or other agency of any of the foregoing. See Iowa Code 135B.1
• 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
• Hospital: means a place which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care over a period exceeding twenty-four hours of two or more nonrelated individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the rendering over a period exceeding twenty-four hours of obstetrical or other medical or nursing care for two or more nonrelated individuals, or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding twenty-four hours of two or more nonrelated aged or infirm persons requiring or receiving chronic or convalescent care; and shall include sanatoriums or other related institutions within the meaning of this chapter. See Iowa Code 135B.1
• 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
• Industrial installation: means an installation intended for use in the manufacture or processing of products involving systematic labor or habitual employment and includes installations in which agricultural or other products are habitually or customarily processed or stored for others, either by buying or reselling on a fee basis. See Iowa Code 103.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means a person certified as an electrical inspector upon such reasonable conditions as may be adopted by the board. See Iowa Code 103.1
• 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 state under this chapter to a hearing aid specialist. See Iowa Code 154A.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.
• Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
• 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
• 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
• New electrical installation: means the installation of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes. See Iowa Code 103.1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Odorized propane: means propane to which an odorant has been added. See Iowa Code 101C.2
• 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.
• Person: means a natural person. See Iowa Code 154A.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: means any individual, firm, partnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee or other similar representative thereof. See Iowa Code 135B.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
• Practitioner: means a practitioner as defined in section 155A. See Iowa Code 124B.1
• Precursor substance: means a substance which may be used as a precursor in the illegal production of a controlled substance and is specified under section 124B. See Iowa Code 124B.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.
• Propane: means a hydrocarbon with a chemical composition that is predominately C3H8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures. See Iowa Code 101C.2
• Propane industry: means those persons involved in the production, transportation, and sale of propane, and in the manufacture and distribution of propane utilization equipment. See Iowa Code 101C.2
• Propane industry trade association: means an organization exempt from tax under section 501(c)(3) or 501(c)(6) of the Internal Revenue Code, that represents the propane industry. See Iowa Code 101C.2
• property: includes personal and real property. See Iowa Code 4.1
• Qualified propane industry organization: means the Iowa propane gas association or any other similarly constituted industry trade association that represents at least thirty-five percent of the total volume of odorized propane sold at retail in this state. See Iowa Code 101C.2
• Quorum: The number of legislators that must be present to do business.
• Recipient: means a person in this state who purchases, transfers, or otherwise receives a precursor substance. See Iowa Code 124B.1
• Refrigeration: includes all natural, propane, liquid propane, or other gas lines associated with any component of refrigeration. See Iowa Code 105.2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Research: means any type of study, investigation, program, or other activity designed to advance the image, desirability, usage, marketability, efficiency, or safety of propane or to further the development of information related to such activities. See Iowa Code 101C.2
• Residential electrician: means a person having the necessary qualifications, training, experience, and technical knowledge to perform a residential installation. See Iowa Code 103.1
• Residential installation: means the wiring for or installation of electrical wiring, apparatus, and equipment in a residence consisting of no more than four living units within the same building. See Iowa Code 103.1
• Residential master electrician: means a person having the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and supervise the performance of a residential installation. See Iowa Code 103.1
• Retail propane dispenser: means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales. See Iowa Code 101C.2
• Retail propane marketer: means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to a retail propane dispenser. See Iowa Code 101C.2
• Routine maintenance: means the repair or replacement of existing electrical apparatus or equipment, including but not limited to wires, cables, switches, receptacles, outlets, fuses, circuit breakers, and fixtures, of the same size and type for which no changes in wiring are made, but does not include any new electrical installation or the expansion or extension of any circuit. See Iowa Code 103.1
• 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
• 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 a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
• 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
• Special electrician: means a person having the necessary qualifications, training, and experience in wiring or installing special classes of electrical wiring, apparatus, equipment, or installations which shall include irrigation system wiring, disconnecting and reconnecting of existing air conditioning and refrigeration, and sign installation and who is licensed by the board. See Iowa Code 103.1
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Unclassified person: means any person, other than an apprentice electrician or other person licensed under this chapter, who, as such person's principal occupation, is engaged in learning and assisting in the installation, alteration, and repair of electrical wiring, apparatus, and equipment as an employee of a person licensed under this chapter, and who is licensed by the board as an unclassified person. See Iowa Code 103.1
• 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
• Vendor: means a person who manufactures, wholesales, retails, or otherwise sells, transfers, or furnishes in this state a precursor substance. See Iowa Code 124B.1
• Weatherization: means activities designed to promote or enhance energy efficiency in a residence or other building including but not limited to the installation of attic, wall, foundation, crawlspace, water heater, and pipe insulation; air sealing including caulking and weather-stripping of windows and doors; the installation of windows and doors that qualify for energy star certification; the performance of home energy audits; programmable thermostat installation; and carbon monoxide and radon inspection and detection system installation. See Iowa Code 101C.2
• year: means twelve consecutive months. See Iowa Code 4.1