661—221.4 (101) Motor fuel dispensing facilities and repair garages. The International Fire Code, 2006 edition, published by the ICC, Chapter 22 and references contained therein, and NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2003 edition and references contained therein, are adopted by reference as the rules for motor fuel dispensing facilities and repair garages. If any provision of the International Fire Code adopted herein is in conflict with any provision of NFPA 30A, the International Fire Code provision shall apply. The International Fire Code, 2006 edition, Chapter 22, is adopted with the following amendments:
	 221.4(1) Amend Table 2206.2.3 so that:
Each tank with a capacity of not more than 6,000 gallons for motor vehicle fuel dispensing systems and storing a Class I liquid, or with a capacity of not more than 12,000 gallons and storing a Class II or Class III liquid, that is located at a commercial, industrial, governmental, or manufacturing establishment, and that is intended for fueling vehicles used in connection with the establishment, is required to be located at least:
(a) 40 feet away from the nearest important building on the same property;
Exception:  Tanks may be located closer than 40 feet to a building of noncombustible construction.
(b) 40 feet away from any property that is or may be built upon, including the opposite side of a public way;
Exception:  No minimum separation shall be required for any tank that complies with NFPA 30A, section 4.3.2.6.
(c) 100 feet away from any residence or place of assembly.
	 221.4(2) Add the following new sections:
2206.7.1.1	Dispensing of blended biofuels.
2206.7.1.1.1	Definitions.
“B-blend” means biodiesel blended fuel as defined in Iowa Code section 214A.1 with the blend including no more than 20 percent biodiesel, as defined in Iowa Code section 214A.1.
“E-10” means a blend of petroleum and ethanol including no more than 15 percent ethanol intended for use as a motor vehicle fuel.
“E-blend” means a blend of petroleum and ethanol including more than 15 percent ethanol intended for use as a motor vehicle fuel.
2206.7.1.1.2	E-blend may only be dispensed if (a) or (b) applies:
(a) Only a dispenser listed by an independent testing laboratory as compatible with E-10 gasoline shall be used to dispense E-blend, and the retail dealer shall visually inspect the dispenser and the dispenser sump daily for leaks and equipment failure. The dealer shall maintain a record of such inspection for at least one year after the inspection. The record shall be located on the premises of the retail dealer and shall be made available to the department of natural resources or the state fire marshal upon request. If a leak is detected, the department of natural resources shall be notified pursuant to Iowa Code section 455B.386.
(b) The dispenser's manufacturer has submitted the dispenser to an independent testing laboratory to be listed as compatible for use with E-85 gasoline. In addition, the retail dealer shall install an under-dispenser containment system with electronic monitoring.
2206.7.1.1.3	B-blend may only be dispensed if (a) and either (b), (c), or (d) apply:
(a) Only a dispenser listed by an independent testing laboratory as compatible with diesel fuel shall be used to dispense B-blend.
(b) The retail dealer shall visually inspect the dispenser and the dispenser sump daily for leaks and equipment failure and maintain a record of such inspection for at least one year after the inspection. The record shall be located on the premises of the retail dealer and shall be made available to the department of natural resources or the state fire marshal upon request. If a leak is detected, the department of natural resources shall be notified pursuant to Iowa Code section 455B.386.
(c) The dispenser's manufacturer has submitted the dispenser to an independent testing laboratory to be listed as compatible for use with B-blend, and the retail dealer has installed an under-dispenser containment system with electronic monitoring.
(d) The dispenser's manufacturer has submitted the dispenser to an independent testing laboratory to be listed as compatible for use with B-blend, and information published or provided by the manufacturer of the dispenser is available stating that the dispenser is compatible with B-blend.
Note: If options (b) or (d) are used, under-dispenser containment shall be provided if otherwise required by the rules in this chapter, rules of the department of natural resources, or any other applicable provision of law.
	 221.4(3) Add the following new section:
2206.7.10 Under dispenser containment (UDC). When installing a new motor fuel dispenser or replacing a motor fuel dispenser, UDC shall be installed whenever any of the following occurs:
(1) UDC is required by a rule adopted by the environmental protection commission.
Note:  See 567—subrule 135.3(9), paragraph “h.”
(2) A motor fuel dispenser is installed at a location where there previously was no dispenser; or
(3) An existing motor fuel dispenser is removed and replaced with another dispenser. UDC is not required when only the emergency shutoff, shear valves or check valves are replaced.
UDC shall:
	  ● 	 Be intact and liquid tight on its sides and bottom and at any penetrations;
	  ● 	 Be compatible with the substance conveyed by the piping; and
	  ● 	 Allow for visual inspection and monitoring and access to the components in the containment system.
Exception:  UDC shall not be required for a dispenser which sits directly upon a solid concrete apron.
	 221.4(4) Temporary storage in disaster emergencies. Notwithstanding any provision to the contrary found in this chapter or found in the International Fire Code or NFPA 30A as adopted by reference herein, aboveground petroleum storage tanks may be used to store flammable and combustible liquids in motor fuel dispensing operations, provided that all of the following apply:
	  a.   	 The facility is in an area covered by a disaster emergency proclamation issued by the governor pursuant to Iowa Code section 29C.6 or, if not in such an area, the facility has applied to the fire marshal and has been approved for storage of flammable and combustible liquids in compliance with this subrule.
	  b.   	 The facility has suffered damage which has rendered the storage tanks normally used by the facility for flammable and combustible liquids inoperable. Storage of flammable and combustible liquids in compliance with this subrule shall continue only for as long as the normal storage tanks are inoperable and in no event for more than 90 days.
Exception:  In extraordinary circumstances, storage of flammable and combustible liquids in compliance with this subrule may continue for more than 90 days if the facility has sought and received specific written approval from the fire marshal for such storage.
	  c.   	 The facility has written confirmation from the facility’s insurance provider that insurance coverage will apply while storage of flammable and combustible liquids in compliance with this subrule is occurring.
	  d.   	 Any aboveground petroleum storage tank used pursuant to this subrule shall be rated or listed by an independent testing laboratory for aboveground storage of flammable and combustible liquids.
	  e.   	 Any aboveground petroleum storage tank used pursuant to this subrule shall be of no more than 1,000 gallons capacity.
Exeption:  A storage tank larger than 1,000 gallons capacity may be used pursuant to this subrule if the facility has received specific written approval from the fire marshal for its use. In reviewing such a request, the fire marshal shall consider, but is not limited to considering, the following factors:
	 (1) 	 Volume of throughput of the facility.
	 (2) 	 Ability to meet setback requirements appropriate to the size of the tanks used.
	  f.   	 All electrical service proximate to the storage area shall comply with applicable provisions of NFPA 70, National Electrical Code, 2005 edition. An emergency shutoff control or electrical disconnect shall be installed no less than 20 feet nor more than 100 feet from any fuel-dispensing device at the facility. The control shall be clearly marked “Emergency Shutoff.”
	  g.   	 A 20-pound fire extinguisher with a minimum B:C rating of 40 shall be located no more than 50 feet from the location of any storage tank being used in compliance with this subrule.
	  h.   	 Precautions shall be taken to prevent the ignition of flammable or combustible liquids, including the conspicuous posting of warning signs saying “NO SMOKING” and “NO OPEN FLAME.”
	  i.   	 Aboveground petroleum storage tanks used pursuant to this subrule shall be plumbed into existing dispensers, if practical. If this is impractical, all fueling at the facility shall be by attendant only; no self-service dispensing shall be allowed at the facility.
	  j.   	 Any aboveground petroleum storage tank used in compliance with this subrule shall be located so as to be protected from prospective damage from vehicle collisions and shall be located with due regard to vehicular traffic patterns and the location of property lines and significant buildings, particularly those which are frequently occupied by humans.
[ARC 7977B, IAB 7/29/09, effective 7/2/09]