S.F. _____ H.F. _____ 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 -1- LSB 5422DP (6) 83 tm/nh 1/ 9

S.F. _____ H.F. _____ 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 -2- LSB 5422DP (6) 83 tm/nh 2/ 9

S.F. _____ H.F. _____ 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. 35 -3- LSB 5422DP (6) 83 tm/nh 3/ 9

S.F. _____ H.F. _____ 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 -4- LSB 5422DP (6) 83 tm/nh 4/ 9

S.F. _____ H.F. _____ —— 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 35 -5- LSB 5422DP (6) 83 tm/nh 5/ 9

S.F. _____ H.F. _____ 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 35 -6- LSB 5422DP (6) 83 tm/nh 6/ 9

S.F. _____ H.F. _____ 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, 35 -7- LSB 5422DP (6) 83 tm/nh 7/ 9

S.F. _____ H.F. _____ 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 35 -8- LSB 5422DP (6) 83 tm/nh 8/ 9

S.F. _____ H.F. _____ 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. 35 -9- LSB 5422DP (6) 83 tm/nh 9/ 9