Senate
File
2173
-
Introduced
SENATE
FILE
2173
BY
COMMITTEE
ON
ENVIRONMENT
&
ENERGY
INDEPENDENCE
(SUCCESSOR
TO
SSB
3116)
A
BILL
FOR
An
Act
relating
to
activities
of
the
department
of
public
1
safety
including
regulating
the
storage
of
flammable
2
and
combustible
liquids
in
aboveground
storage
tanks
and
3
retaining
fees.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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5422SV
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2173
Section
1.
Section
100.1,
subsection
5,
Code
2009,
is
1
amended
to
read
as
follows:
2
5.
To
promulgate
fire
safety
rules.
The
state
fire
marshal
3
shall
have
exclusive
right
to
promulgate
fire
safety
rules
as
4
they
apply
to
enforcement
or
inspection
requirements
by
the
5
state
fire
marshal,
but
the
rules
shall
be
promulgated
only
6
after
public
hearing
pursuant
to
chapter
17A
.
Wherever
by
any
7
statute
the
fire
marshal
or
the
department
of
public
safety
is
8
authorized
or
required
to
promulgate,
proclaim,
or
amend
rules
9
and
minimum
standards
regarding
fire
hazards
or
fire
safety
or
10
protection
in
any
establishment,
building
or
structure,
the
11
rules
and
standards
shall
promote
and
enforce
fire
safety,
fire
12
protection
and
the
elimination
of
fire
hazards
as
the
rules
may
13
relate
to
the
use,
occupancy
and
construction
of
the
buildings,
14
establishments
or
structures.
The
word
“construction”
shall
15
include
,
but
is
not
limited
to
,
electrical
wiring,
plumbing,
16
heating,
lighting,
ventilation,
construction
materials,
17
entrances
and
exits,
and
all
other
physical
conditions
of
the
18
building
which
may
affect
fire
hazards,
safety
or
protection.
19
The
rules
and
minimum
standards
shall
be
in
substantial
20
compliance
except
as
otherwise
specifically
provided
in
this
21
chapter,
with
the
standards
of
the
national
fire
protection
22
association
relating
to
fire
safety
as
published
in
the
23
national
fire
codes.
24
Sec.
2.
Section
100C.9,
subsection
2,
Code
2009,
is
amended
25
to
read
as
follows:
26
2.
Notwithstanding
section
8.33,
fees
collected
by
the
27
division
of
state
fire
marshal
that
remain
unencumbered
or
28
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
29
but
shall
remain
available
for
expenditure
for
the
purposes
30
designated
until
the
close
of
the
in
succeeding
fiscal
31
year
years
.
32
Sec.
3.
Section
101.1,
Code
2009,
is
amended
to
read
as
33
follows:
34
101.1
Rules
by
fire
marshal.
35
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1.
The
state
fire
marshal
is
hereby
empowered
and
directed
1
to
formulate
and
adopt
and
from
time
to
time
amend
or
revise
2
and
to
promulgate,
in
conformity
with
and
subject
to
the
3
conditions
set
forth
in
this
chapter,
reasonable
rules
for
the
4
safe
transportation,
storage,
handling
,
and
use
of
combustible
5
liquids,
flammable
liquids,
liquefied
petroleum
gases
,
and
6
liquefied
natural
gases.
7
2.
For
purposes
of
this
chapter:
8
a.
“Combustible
liquid”
means
any
liquid
that
has
a
9
closed-cup
flash
point
greater
than
or
equal
to
100
degrees
F.
10
a.
b.
“Flammable
liquid”
means
a
liquid
having
a
with
a
11
closed-cup
flash
point
below
200
100
degrees
F.
and
a
Reid
12
vapor
pressure
not
exceeding
forty
p.s.i.
absolute
,
2026.6
mm
13
Hg,
at
100
degrees
F
.
14
b.
c.
“Liquefied
petroleum
gas”
means
material
composed
15
predominantly
of
any
of
the
following
hydrocarbons,
or
mixtures
16
of
the
same:
Propane,
propylene,
butanes
(normal
butane
or
17
isobutane)
and
butylenes.
18
c.
d.
“Liquefied
natural
gas”
means
a
fuel
in
the
liquid
19
state
composed
predominantly
of
methane
and
which
may
contain
20
minor
quantities
of
ethane,
propane,
nitrogen,
or
other
21
components
normally
found
in
natural
gas.
22
Sec.
4.
Section
101.3,
Code
2009,
is
amended
to
read
as
23
follows:
24
101.3
Separate
rules
for
liquids
and
gas.
25
The
rules
covering
combustible
and
flammable
liquids
26
and
shall
be
formulated
and
promulgated
separately
from
those
27
covering
liquefied
petroleum
gas
shall
be
separately
formulated
28
and
separately
promulgated
.
29
Sec.
5.
Section
101.5,
Code
2009,
is
amended
to
read
as
30
follows:
31
101.5
Publication
of
rules
Rules
.
32
The
rules
shall
be
promulgated
pursuant
to
chapter
17A
,
only
33
after
a
public
hearing
at
least
twenty
days’
notice
of
the
34
time
and
place
of
which
is
given
by
publication
in
the
Iowa
35
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2173
administrative
bulletin
and
by
mail
to
any
person
who
has
filed
1
the
person’s
name
and
address
with
the
state
fire
marshal
for
2
the
purpose
of
receiving
the
notice
.
3
Sec.
6.
Section
101.12,
Code
2009,
is
amended
by
striking
4
the
section
and
inserting
in
lieu
thereof
the
following:
5
101.12
Aboveground
tanks
authorized.
6
1.
An
aboveground
flammable
or
combustible
liquid
storage
7
tank
may
be
installed
at
a
retail
motor
vehicle
fuel
outlet,
8
subject
to
rules
adopted
by
the
state
fire
marshal.
9
2.
Rules
adopted
by
the
state
fire
marshal
pursuant
to
this
10
section
shall
be
in
substantial
compliance
with
the
applicable
11
standards
of
the
national
fire
protection
association.
12
3.
The
installation
of
an
aboveground
flammable
or
13
combustible
liquid
storage
tank
at
a
retail
motor
vehicle
fuel
14
outlet
shall
also
be
subject
to
approval
by
the
governing
body
15
of
the
local
governmental
subdivision
which
has
jurisdiction
16
over
the
fuel
outlet.
17
Sec.
7.
Section
101.21,
Code
2009,
is
amended
to
read
as
18
follows:
19
101.21
Definitions.
20
As
used
in
this
part
division
unless
the
context
otherwise
21
requires:
22
1.
“Aboveground
petroleum
flammable
or
combustible
23
liquid
storage
tank”
means
one
or
a
combination
of
tanks,
24
including
connecting
pipes
connected
to
the
tanks
which
25
are
used
to
contain
an
accumulation
of
petroleum
flammable
26
or
combustible
liquid
and
the
volume
of
which,
including
27
the
volume
of
the
underground
pipes,
is
more
than
ninety
28
percent
above
the
surface
of
the
ground.
Aboveground
29
petroleum
flammable
or
combustible
liquid
storage
tank
does
not
30
include
any
of
the
following:
31
a.
Aboveground
tanks
of
one
thousand
one
hundred
gallons
or
32
less
capacity.
33
b.
Tanks
used
for
storing
heating
oil
for
consumptive
use
34
on
the
premises
where
stored.
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c.
Underground
storage
tanks
as
defined
by
section
455B.471.
1
d.
A
flow-through
process
tank,
or
a
tank
containing
2
a
regulated
substance,
other
than
motor
fuel
used
for
3
transportation
purposes,
for
use
as
part
of
a
manufacturing
4
process,
system,
or
facility.
5
2.
“Nonoperational
aboveground
petroleum
tank”
means
an
6
aboveground
storage
tank
in
which
petroleum
is
not
deposited
or
7
from
which
petroleum
is
not
dispensed
on
or
after
July
1,
1989.
8
3.
2.
“Operator”
means
a
person
in
control
of,
or
having
9
responsibility
for,
the
daily
operation
of
an
aboveground
10
petroleum
flammable
or
combustible
liquid
storage
tank.
11
4.
3.
“Owner”
means:
12
a.
In
the
case
of
an
aboveground
petroleum
flammable
or
13
combustible
liquid
storage
tank
in
use
on
or
after
July
1,
14
1989,
a
person
who
owns
the
aboveground
petroleum
flammable
or
15
combustible
liquid
storage
tank
used
for
the
storage,
use,
or
16
dispensing
of
petroleum
flammable
or
combustible
liquid
.
17
b.
In
the
case
of
an
aboveground
petroleum
flammable
or
18
combustible
liquid
storage
tank
in
use
before
July
1,
1989,
but
19
no
longer
in
use
on
or
after
that
date,
a
person
who
owned
the
20
tank
immediately
before
the
discontinuation
of
its
use.
21
5.
4.
“Petroleum”
means
petroleum
as
defined
in
section
22
455B.471.
23
6.
5.
“Release”
means
spilling,
leaking,
emitting,
24
discharging,
escaping,
leaching,
or
disposing
from
an
25
aboveground
petroleum
flammable
or
combustible
liquid
storage
26
tank
into
groundwater,
surface
water,
or
subsurface
soils.
27
7.
6.
“State
fire
marshal”
means
the
state
fire
marshal
or
28
the
state
fire
marshal’s
designee.
29
8.
7.
“Tank
site”
means
a
tank
or
grouping
of
tanks
within
30
close
proximity
of
each
other
located
on
a
facility
for
the
31
purpose
of
storing
petroleum
flammable
or
combustible
liquid
.
32
Sec.
8.
Section
101.22,
Code
2009,
is
amended
to
read
as
33
follows:
34
101.22
Report
of
existing
and
new
tanks
——
registration
fee
35
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——
tag
——
penalty.
1
1.
Except
as
provided
in
subsection
2,
the
owner
or
2
operator
of
an
aboveground
petroleum
flammable
or
combustible
3
liquid
storage
tank
existing
on
or
before
July
1,
1989
July
1,
4
2010
,
shall
notify
the
state
fire
marshal
in
writing
by
May
1,
5
1990
October
1,
2010
,
of
the
existence
of
each
tank
and
specify
6
the
age,
size,
type,
location,
and
uses
of
the
tank.
7
2.
The
owner
of
an
aboveground
petroleum
flammable
or
8
combustible
liquid
storage
tank
taken
out
of
operation
between
9
January
1,
1979,
and
July
1,
1989
on
or
before
July
1,
2010
,
10
shall
notify
the
state
fire
marshal
in
writing
by
July
1,
11
1990
October
1,
2010
,
of
the
existence
of
the
tank
unless
the
12
owner
knows
the
tank
has
been
removed
from
the
site.
The
13
notice
shall
specify,
to
the
extent
known
to
the
owner,
the
14
date
the
tank
was
taken
out
of
operation,
the
age
of
the
15
tank
on
the
date
taken
out
of
operation,
the
size,
type,
and
16
location
of
the
tank,
and
the
type
and
quantity
of
substances
17
left
stored
in
the
tank
on
the
date
that
it
was
taken
out
of
18
operation.
19
3.
An
owner
or
operator
which
who
brings
into
use
an
20
aboveground
petroleum
flammable
or
combustible
liquid
storage
21
tank
after
July
1,
1989
2010
,
shall
notify
the
state
fire
22
marshal
in
writing
within
thirty
days
of
the
existence
of
the
23
tank
and
specify
the
age,
size,
type,
location,
and
uses
of
the
24
tank.
25
4.
The
registration
notice
of
the
owner
or
operator
to
26
the
state
fire
marshal
under
subsections
1
through
3
shall
27
be
accompanied
by
an
annual
fee
of
ten
dollars
for
each
tank
28
included
in
the
notice.
All
moneys
collected
shall
be
retained
29
by
the
department
of
public
safety
and
are
appropriated
for
the
30
use
of
the
state
fire
marshal.
The
annual
renewal
fee
applies
31
to
all
owners
or
operators
who
filed
file
a
registration
notice
32
with
the
state
fire
marshal
pursuant
to
subsections
1
through
33
3.
34
5.
A
person
who
deposits
petroleum
flammable
or
combustible
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liquid
in
an
aboveground
petroleum
flammable
or
combustible
1
liquid
storage
tank
shall
notify
the
owner
or
operator
in
2
writing
of
the
notification
requirements
of
this
section.
3
6.
A
person
who
sells
or
constructs
a
tank
intended
to
be
4
used
as
an
aboveground
storage
tank
shall
notify
the
purchaser
5
of
the
tank
in
writing
of
the
notification
requirements
of
this
6
section
applicable
to
the
purchaser.
7
7.
It
is
unlawful
to
deposit
petroleum
flammable
or
8
combustible
liquid
in
an
aboveground
petroleum
flammable
or
9
combustible
liquid
storage
tank
which
has
not
been
registered
10
pursuant
to
subsections
1
through
4.
11
8.
The
state
fire
marshal
shall
furnish
the
owner
or
12
operator
of
an
aboveground
petroleum
flammable
or
combustible
13
liquid
storage
tank
with
a
registration
tag
for
each
14
aboveground
petroleum
flammable
or
combustible
liquid
storage
15
tank
registered
with
the
state
fire
marshal.
16
a.
The
owner
or
operator
shall
affix
the
tag
to
the
fill
17
pipe
of
each
registered
aboveground
petroleum
flammable
or
18
combustible
liquid
storage
tank.
19
b.
A
person
who
conveys
or
deposits
petroleum
flammable
20
or
combustible
liquid
shall
inspect
the
aboveground
21
petroleum
flammable
or
combustible
liquid
storage
tank
to
22
determine
the
existence
or
absence
of
the
registration
tag.
23
If
a
registration
tag
is
not
affixed
to
the
aboveground
24
petroleum
flammable
or
combustible
liquid
storage
25
tank
fill
pipe,
the
person
conveying
or
depositing
the
26
petroleum
flammable
or
combustible
liquid
may
deposit
the
27
petroleum
flammable
or
combustible
liquid
in
the
unregistered
28
tank.
However,
the
deposit
is
allowed
only
in
the
single
29
instance,
that
the
person
provides
the
owner
or
operator
with
30
another
notice
as
required
by
subsection
5,
and
that
the
31
person
provides
the
owner
or
operator
with
an
aboveground
32
petroleum
flammable
or
combustible
liquid
storage
tank
33
registration
form.
34
c.
It
is
the
owner
or
operator’s
duty
to
comply
with
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2173
registration
requirements.
A
late
registration
penalty
of
1
twenty-five
dollars
is
imposed
in
addition
to
the
registration
2
fee
for
a
tank
registered
after
the
required
date.
3
Sec.
9.
Section
101.22A,
Code
2009,
is
amended
to
read
as
4
follows:
5
101.22A
Exemption.
6
An
aboveground
petroleum
flammable
or
combustible
7
liquid
storage
tank
which
is
subject
to
regulation
or
8
registration
under
either
the
federal
department
of
9
transportation
or
state
department
of
transportation
or
both,
10
is
exempt
from
the
registration
requirements
of
section
101.22.
11
Sec.
10.
Section
101.23,
Code
2009,
is
amended
to
read
as
12
follows:
13
101.23
State
fire
marshal
reporting
rules.
14
The
state
fire
marshal
shall
adopt
rules
pursuant
to
chapter
15
17A
relating
to
reporting
requirements
necessary
to
enable
16
the
state
fire
marshal
to
maintain
an
accurate
inventory
of
17
aboveground
petroleum
flammable
or
combustible
liquid
storage
18
tanks.
19
Sec.
11.
Section
101.24,
subsections
1
and
2,
Code
2009,
are
20
amended
to
read
as
follows:
21
1.
Inspect
and
investigate
the
facilities
and
records
of
22
owners
and
operators
of
aboveground
petroleum
flammable
or
23
combustible
liquid
storage
tanks
with
a
capacity
of
fifteen
24
thousand
or
more
gallons,
as
necessary
to
determine
compliance
25
with
this
division
and
the
rules
adopted
pursuant
to
this
26
division.
An
inspection
or
investigation
shall
be
conducted
27
subject
to
subsection
4.
For
purposes
of
developing
a
rule,
28
maintaining
an
accurate
inventory,
or
enforcing
this
division,
29
the
department
may:
30
a.
Enter
at
reasonable
times
an
establishment
or
other
place
31
where
an
aboveground
storage
tank
is
located.
32
b.
Inspect
and
obtain
samples
from
any
person
of
33
petroleum
flammable
or
combustible
liquid
or
another
regulated
34
substance
and
conduct
monitoring
or
testing
of
the
tanks,
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associated
equipment,
contents,
or
surrounding
soils,
air,
1
surface
water,
and
groundwater.
Each
inspection
shall
be
2
commenced
and
completed
with
reasonable
promptness.
3
(1)
If
the
state
fire
marshal
obtains
a
sample,
prior
to
4
leaving
the
premises,
the
fire
marshal
shall
give
the
owner,
5
operator,
or
agent
in
charge
a
receipt
describing
the
sample
6
obtained
and
if
requested
a
portion
of
each
sample
equal
in
7
volume
or
weight
to
the
portion
retained.
If
the
sample
is
8
analyzed,
a
copy
of
the
results
of
the
analysis
shall
be
9
furnished
promptly
to
the
owner,
operator,
or
agent
in
charge.
10
(2)
Documents
or
information
obtained
from
a
person
under
11
this
subsection
shall
be
available
to
the
public
except
as
12
provided
in
this
subparagraph.
Upon
a
showing
satisfactory
to
13
the
state
fire
marshal
by
a
person
that
public
disclosure
of
14
documents
or
information,
or
a
particular
part
of
the
documents
15
or
information
to
which
the
state
fire
marshal
has
access
16
under
this
subsection
would
divulge
commercial
or
financial
17
information
entitled
to
protection
as
a
trade
secret,
the
18
state
fire
marshal
shall
consider
the
documents
or
information
19
or
the
particular
portion
of
the
documents
or
information
20
confidential.
However,
the
documents
or
information
may
be
21
disclosed
to
officers,
employees,
or
authorized
representatives
22
of
the
United
States
charged
with
implementing
the
federal
23
Solid
Waste
Disposal
Act,
to
employees
of
the
state
of
Iowa
or
24
of
other
states
when
the
document
or
information
is
relevant
25
to
the
discharge
of
their
official
duties,
and
when
relevant
26
in
a
proceeding
under
the
federal
Solid
Waste
Disposal
Act
or
27
this
division.
28
2.
Maintain
an
accurate
inventory
of
aboveground
29
petroleum
flammable
or
combustible
liquid
storage
tanks.
30
Sec.
12.
Section
101A.5,
unnumbered
paragraph
1,
Code
2009,
31
is
amended
to
read
as
follows:
32
The
state
fire
marshal
shall
prepare,
adopt,
and
distribute
33
to
permit-issuing
authorities
and
other
interested
persons,
34
without
cost,
rules
in
accordance
with
provisions
of
chapter
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17A
,
adopt
rules
pursuant
to
chapter
17A
pertaining
to
the
1
manufacture,
transportation,
storage,
possession,
and
use
of
2
explosive
materials.
Rules
adopted
by
the
state
fire
marshal
3
shall
be
compatible
with,
but
not
limited
to
the
national
4
fire
protection
association’s
pamphlet
number
495
and
federal
5
rules
pertaining
to
commerce,
possession,
storage,
and
use
of
6
explosive
materials.
Such
rules
shall:
7
EXPLANATION
8
This
bill
relates
to
activities
of
the
department
of
public
9
safety
including
regulating
the
storage
of
flammable
and
10
combustible
liquids
in
aboveground
storage
tanks
and
retaining
11
fees.
12
Currently,
the
department
of
public
safety
retains,
as
13
repayment
receipts,
certain
fees
collected
pursuant
to
Code
14
chapter
101C
relating
to
the
regulation
of
fire
extinguishing
15
and
alarm
systems
contractors
and
installers.
The
bill
allows
16
such
repayment
receipts
that
remain
unencumbered
or
unobligated
17
at
the
close
of
a
fiscal
year
to
be
retained
by
the
department
18
for
succeeding
fiscal
years.
19
The
bill
changes
a
number
of
provisions
regarding
the
20
storage
of
fuel
and
liquefied
gases
in
aboveground
storage
21
tanks
in
Code
chapter
101.
The
bill
adds
a
definition
of
22
“combustible
liquid”
and
changes
the
definitional
standards
for
23
flammable
liquids.
Currently,
the
Code
refers
to
“petroleum”
24
storage
tanks
in
Code
chapter
101.
The
bill
changes
these
25
references
to
“flammable
or
combustible
liquid
storage
tanks”
26
where
appropriate.
27
The
bill
requires
an
owner
or
operator
of
aboveground
28
flammable
or
combustible
liquid
storage
tanks
to
notify
the
29
state
fire
marshal
of
their
existence
prior
to
October
1,
2010,
30
and
provide
additional
information
such
as
the
age,
size,
type,
31
location,
and
uses
of
the
tanks.
The
bill
requires
an
owner
or
32
operator
of
a
tank
that
is
taken
out
of
operation
on
or
before
33
July
1,
2010,
to
notify
the
state
fire
marshal
of
the
existence
34
of
the
tank
by
October
1,
2010.
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