Pursuant to Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, 476.2, 476.8, 476A.12, 478.19, 478.20, 479.4, and 479.17, the Utilities Board (Board) gives notice that on March 25, 2016, the Board issued an order in Docket No. RMU-2016-0001, In re: Updates and Corrections of Rules Establishing Natural Gas and Electric Safety Standards [199 IAC Chapters 10, 19, 20, and 25], “Order Commencing Rule Making,” proposing to update the safety standards adopted for utilities providing natural gas and electric service and to make certain corrections to the Board’s safety standards rules.      The safety standards in 199 IAC Chapters 10, 19, 20, and 25 are designed to ensure that facilities under the Board’s jurisdiction that are used to provide service to the public shall comply with federal statutes, regulations, and other applicable national standards addressing the safety of these facilities.    Board Safety and Engineering Section staff periodically review the electric and gas technical standards incorporated by reference in the Board’s rules which the Section uses when it inspects the operations and facilities of public utilities. Since the standards change periodically, updates and corrections to the standards in the Board’s rules are necessary from time to time. The Board is proposing amendments to the natural gas and electric safety standards in its rules based upon changes to those standards that have occurred since the last amendments were adopted.    The proposed changes are primarily updates of technical standards incorporated by reference. Of particular importance is the renewal of the adoption date of the federal pipeline safety standards. Federal guidelines for states participating in the federal Pipeline Safety Grant Program administered by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA), require that states adopt amendments to the federal pipeline safety regulations, or at least be in the process of adopting them, within two years of the effective date of the amendments to the federal regulations. Timely adoption of such amendments is a factor in the PHMSA performance score, which in turn is the basis for an agency’s pipeline safety grant. Further, the Board may be unable to enforce current federal standards that it has not yet incorporated by reference into its own rules.     The Board’s rules currently adopt the federal pipeline safety standards as amended through April 9, 2014. Since that date, the federal standards have been amended several times, including new requirements for plastic pipe materials and joiner qualification, and updates to standards incorporated by reference. For adoption of federal standards, the proposed rules provide for insertion of the latest possible date by which the rules can become effective. This practice ensures the Board will adopt the most current amendments to federal standards, and the practice is consistent with prior rule makings concerning the updating of standards. In several instances, the current federal standards are based upon industry standard documents that are not the most recent editions; in such cases, for the sake of consistency, the Board will adopt the current federal standard.    In addition, the Board proposes to correct its provision adopting the American National Standards Institute (ANSI) A300 (Part 1) standard on tree pruning. The proposed change would specify the version year of Part 1 only, which is the only section of the larger standard that the Board has adopted. Finally, the Board also proposes to delete references to federal statutory provisions and regulations concerning outdoor gas lighting which have been repealed or rescinded.    The order approving this Notice of Intended Action can be found on the Board’s Electronic Filing System (EFS) Web site, http://efs.iowa.gov, in Docket No. RMU-2016-0001.    Pursuant to Iowa Code sections 17A.4(1)(a) and (b), any interested person may file a written statement of position pertaining to the proposed amendments. The statement must be filed on or before May 3, 2016. The statement should be filed electronically through the Board’s Electronic Filing System (EFS). Instructions for making an electronic filing can be found on the EFS Web site at http://efs.iowa.gov. Any person who does not have access to the Internet may file comments on paper pursuant to 199 IAC 14.4(5). An original and ten copies of paper comments must be filed. Both electronic and written filings shall comply with the format requirements in 199 IAC 2.2(2), shall clearly state the author’s name and address, and shall make specific reference to this docket. All paper communications should be directed to the Executive Secretary, Iowa Utilities Board, 1375 E. Court Avenue, Room 69, Des Moines, Iowa 50319-0069.    In light of prior experience with similar rule updates, and in view of the opportunity for written comment, the Board does not believe that oral comment is necessary in this matter. However, should interested persons wish to have an opportunity for oral comment, they may submit a request to the Board in writing pursuant to Iowa Code section 17A.4(1)(b).     After analysis and review of this rule making, the Board tentatively concludes that the proposed amendments, if adopted, will have a beneficial effect on the safety and reliability of natural gas and electric service in Iowa. Safe and reliable electric service is a necessity for economic development, so the proposed amendments will have a beneficial effect on jobs in Iowa, although that effect cannot be quantified.    These amendments are intended to implement Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, 476.2, 476.8, 476A.12, 478.19, 478.20, 479.4, and 479.17.    The following amendments are proposed.

    Pursuant to the authority of Iowa Code section 8D.3(3)“b,” the Iowa Telecommunications and Technology Commission amends Chapter 2, “Public Records and Fair Information Practices,” Iowa Administrative Code.    Chapter 2 establishes commission policies and procedures for the maintenance of records. These amendments add an exception for the availability of certain records related to security procedures or emergency preparedness consistent with Iowa Code section 22.7(50).    Notice of Intended Action was published in the Iowa Administrative Bulletin on February 3, 2016, as ARC 2381C. No public comment was received on these amendments. These amendments are identical to those published under Notice of Intended Action.    These amendments were approved for publication under Notice of Intended Action at the Commission’s meeting on December 16, 2015. These amendments were adopted by the Commission at its March 24, 2016, meeting.    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a) and (b), the Commission finds that the normal effective date of these amendments should be waived and that these amendments should be made effective on March 25, 2016, as they confer a benefit upon ICN users of the network by protecting identified sensitive information that specifically relates to the method or methods by which the Commission intends to protect the ICN users from malicious cyber attacks; and also finds that an earlier effective date is necessary to enable the Commission to protect the identified sensitive information as soon as practicable to prevent potentially imminent peril and threats to ICN users by preventing malicious actors from discovering the method or methods by which the Commission may respond to their malicious activities, enabling such actors to develop an alternative form of attack.    After analysis and review of this rule making, no fiscal impact statement is required pursuant to Iowa Code section 17A.4(4).    This rule is not subject to waiver or variance.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code sections 8D.3(3)“b” and 22.7(50).    These amendments became effective March 25, 2016.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 455B.173, the Environmental Protection Commission hereby amends Chapter 60, “Scope of Title—Definitions—Forms—Rules of Practice,” Chapter 62, “Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions,” Chapter 63, “Monitoring, Analytical and Reporting Requirements,” Chapter 64, “Wastewater Construction and Operation Permits,” and Chapter 67, “Standards for the Land Application of Sewage Sludge,” Iowa Administrative Code.    The primary purpose of these amendments is to update and clean up several portions of the wastewater rules for National Pollutant Discharge Elimination System (NPDES) and Iowa operation permits. The amendments accomplish this by updating the federal code references; changing rule language to accord with the Clean Water Act and federal regulations; removing obsolete language and citations; extending and clarifying bypass reporting time lines; removing specific operational monitoring requirements; removing extraneous public notice requirements for permittees; clarifying language on permit requirements and reissuance; and by adding a new subrule to allow the Department of Natural Resources to issue fee refunds without variances.    Summary    The following summary describes the amendments to Chapters 60, 62, 63, 64 and 67.    Code of Federal Regulations reference updates for Chapters 60, 62, 63, 64 and 67:    These amendments update the references to the Code of Federal Regulations (CFR) and associated analytical methods in Chapters 60, 62, 63, 64 and 67 of the wastewater rules by citing a new effective CFR date of January 1, 2015. Obsolete CFR references have also been deleted.    Chapter 60 amendments:    These amendments add the definition of “new discharger” to rule 567—60.2(455B) for clarification purposes and to comply with federal regulations and amend the definition of “point source” to make it equivalent to the definition in the Clean Water Act. These amendments remove the definition of “EPA methods” from rule 567—60.2(455B), as Chapter 63 discusses guidelines for test procedures for pollutant analysis specifically, and this definition is not needed.    An operation permit form has been added. The General Permit No. 6, Iowa Water Well Construction and Services Field Office Notification Form, has been added, and old monthly operation report forms have been removed in subrule 60.3(3). The language concerning monthly operation report forms has been modified to reference discharge monitoring report forms, which is the current title of the effluent reporting forms that permittees submit to the Department. These changes are for clarification purposes and ensure that all of the NPDES, operation, and general permit forms are referenced correctly in Chapter 60.    Chapter 62 amendments:    Several of the references to the Federal Effluent and Pretreatment Standards in rule 567—62.4(455B) have been updated to accord with the updated CFR reference. These amendments correct several of the names of the pretreatment standards listed in rule 567—62.4(455B) and ensure that the federal pretreatment standards are referenced correctly. All of the pretreatment standards referenced in the final amendments are currently in effect and are being implemented in Iowa’s NPDES permits; the U.S. EPA has not recently implemented any new pretreatment standards that would create new requirements for Iowa’s permittees.    Chapter 63 amendments:    The amendment to the CFR effective date in the definition of CFR in Chapter 60 results in an update to the CFR reference in subrule 63.1(1) for the identification of wastewater testing procedures. The update of this reference in Chapter 63 results in the inclusion of the U.S. EPA rule, “Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures,” known as the method update rule, effective on June 18, 2012. In this rule, the U.S. EPA added to 40 CFR Part 136 several new and revised analytical methods for measuring regulated pollutants in wastewater. Permittees and laboratories are required by federal law to use these analytical methods for determining compliance with NPDES permits. The method update rule provides increased flexibility to permittees and laboratories in their selection of analytical methods for use in wastewater testing.    The bypass notification time line in subrule 63.6(3) has been changed from 12 to 24 hours and the bypass report submittal time line has been changed from monthly to five days, both of which accord with 40 CFR 122.41. The increase in the bypass notification time line reduces the regulatory burden on permittees by allowing them more time to notify the Department of bypasses. The change to the bypass report submittal time line does not increase the regulatory burden on permittees, as they are already required to submit these reports. The change ensures that facilities that bypass are not cited by the U.S. EPA for submitting late reports.    A new rule on noncompliance has been added to Chapter 63 to ensure that the portions of 40 CFR 122.41 referencing noncompliance are correctly cited. The federal language on noncompliance is not new and is currently implemented in NPDES permits.    Table III, Operational Monitoring Requirements in Permits, in Chapter 63 has been rescinded. Two of the operational monitoring parameters from Table III, cell depth and total residual chlorine (TRC), and the footnotes associated with these parameters have been moved to Tables I and II in Chapter 63 (the minimum self-monitoring in permits for organic waste dischargers). The monitoring requirements for cell depth and TRC have been moved as they are used for routine lagoon maintenance and to determine compliance with TRC permit limits, respectively. The other operational monitoring requirements in Table III, including monitoring of aeration basin contents, aerobic and anaerobic digester contents, and effluent from clarifiers, have been eliminated from Chapter 63 with the rescission of Table III. These amendments result in the removal of specific operational monitoring requirements from the majority of NPDES and operation permits.    The requirements for operational monitoring have been eliminated for several reasons, including:

    Pursuant to the authority of Iowa Code section 91.6, the Labor Commissioner hereby amends Chapter 130, “Community Right to Know,” and Chapter 140, “Public Safety/Emergency Response Right to Know,” Iowa Administrative Code.    These amendments rescind obsolete rules and amend outdated rules. Duties pertaining to the hazardous chemical inventory were transferred from the Division of Labor Services to the Department of Natural Resources, making three Division rules obsolete. Division rules governing hearing procedures were transferred from Chapter 300 to Chapter 1, making amendments to two existing rules necessary.    The principal reasons for adoption of these amendments are to update the rules and implement legislative intent.    No variance procedures are included in this rule making. Variance procedures are set forth in 875—Chapter 1.    After analysis and review of this rule making, no impact on jobs has been found.    Notice of Intended Action was published in the February 3, 2016, Iowa Administrative Bulletin as ARC 2394C. No comments were received. These amendments are identical to the amendments published under Notice of Intended Action.    These amendments are intended to implement Iowa Code chapter 89B.    These amendments shall become effective on May 18, 2016.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 91E.5, the Labor Commissioner hereby amends Chapter 160, “Employer Requirements Relating to Non-English Speaking Employees,” Iowa Administrative Code.    These amendments align the rules with statutory authority, revise outdated rules and make other technical changes.    The principal reasons for adoption of these amendments are to update the rules, implement legislative intent, and protect the safety and health of Iowa workers.    Variance procedures are included in Chapter 160, and this rule making amends the introductory paragraph for the variance procedures.     After analysis and review of this rule making, no impact on jobs has been found.    Notice of Intended Action was published in the February 3, 2016, Iowa Administrative Bulletin as ARC 2389C. No comments were received. These amendments are not identical to the amendments published under Notice of Intended Action. Language in Item 4 was changed to more closely align with statutory authority.     These amendments shall become effective on May 18, 2016.    These amendments are intended to implement Iowa Code chapter 91E.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 147.76, the Board of Physical and Occupational Therapy hereby amends Chapter 200, “Licensure of Physical Therapists and Physical Therapist Assistants,” Iowa Administrative Code.     The adopted amendment, new subrule 200.4(5), is an attempt to eliminate discrimination and guarantee fairness under Title II of the Americans with Disabilities Act (ADA). The amendment explains what a disability is and provides an individual with a qualifying disability an accommodation route for the licensure examination. Also, the amendment clearly identifies the imperative obligation among all Board members and staff to maintain the confidentiality of all medical and diagnostic information and records.    Notice of Intended Action was published in the January 20, 2016, Iowa Administrative Bulletin as ARC 2368C. A public hearing was held on February 10, 2016, at 8 a.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No public comment was received. This amendment is identical to that published under Notice of Intended Action.    A waiver provision is not included in this rule making because all administrative rules of the boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18.    This amendment was adopted by the Board on March 11, 2016.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code chapters 147, 148A, and 272C.    This amendment will become effective on May 18, 2016.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 100.1, the State Fire Marshal in the Department of Public Safety hereby amends Chapter 200, “Fire Marshal Administration,” Chapter 201, “General Fire Safety Requirements,” Chapter 202, “Requirements for Specific Occupancies,” and Chapter 210, “Smoke Detectors,” Iowa Administrative Code    The State Fire Marshal in the Department of Public Safety is authorized to adopt administrative rules, according to Iowa Code section 100.1(5). The amendments implement the policy of adopting fire code provisions that are consistent with the building code provisions provided in the most recent editions in the code cycle. A similar policy has been used with regard to plumbing and mechanical codes. The most recent editions of the codes used in the construction industry reflect current industry standards and promote consistency in the regulations affecting the construction industry.    Amendments consistent with the 2015 International Fire Code (IFC) are adopted because the 2015 IFC is the most recent edition of industry standards and because the adoption promotes consistency of governing codes, eases the burden of planning, constructing, and maintaining buildings, and meets the business needs of the building industry while also meeting the expectations and needs of the public who use these buildings. The adoption of the 2015 IFC assists businesses, individuals and the construction industry by streamlining construction requirements in the state. Informal meetings have been held with stakeholders in the construction industry, who have supported the adoption of the most recent edition of the IFC.    Notice of Intended Action was published in the Iowa Administrative Bulletin on November 25, 2015, as ARC 2266C. A public hearing was held on January 5, 2016, in Room 125 of the Oran Pape State Office Building, Des Moines, Iowa. Two additional public hearings were held, one on January 7, 2016, in Stockton, Iowa, and one on January 8, 2016, in Council Bluffs, Iowa. The following comments were received at the public hearing:    A written comment was received from Chief John-Paul Schilling, President, Iowa Association of Professional Fire Chiefs (IAPFC). The Association advised that it stands adamantly opposed to changing the requirement for dual sensor smoke alarms. The Association’s position is that changing from a requirement for dual sensor smoke alarms to single sensor alarms with a 10 year sealed battery would reduce the level of protection afforded by the dual sensor. The Association cited a study conducted by the National Institute of Standards and Technology. The Institute conducted full-scale testing of single sensor “ionization” alarms, single sensor “photoelectric” alarms, and dual sensor “ionization/photoelectric” alarms. The conclusion of the study showed that the dual sensor alarms alerted significantly faster than the single sensor alarms. The Association’s comment further advised that over the past several years, the state of Iowa has maintained the requirement of dual sensor smoke alarms, and the vast majority of municipal and county agencies have followed the state’s lead. The state and many local agencies have invested tens of thousands of dollars from grants, donations, and public funds in purchasing dual sensor alarms to be placed in the homes of thousands of Iowa residents. The comment noted that for almost all residential structures in Iowa, smoke alarms are the only protection afforded to occupants. Eliminating the requirement for dual sensor smoke alarms would be contrary to the State Fire Marshal’s goal to reduce the loss of life and property from fire. The comment concluded with the IAPFC’s requesting that the State Fire Marshal reevaluate the proposed change to the rule.    A comment was received from John Lund, representing the Iowa Fire Marshal Association. The Iowa Fire Marshal Association’s position is that the requirement for dual sensor smoke alarms for residential use should remain. Mr. Lund said that there are a number of studies produced by Vision 20/20, which is a national coalition for fire prevention. Those studies show that there is no way to predict what type of fire may happen. For that reason, having the multiple forms of detection that dual sensor alarms provide gives occupants the fastest notice in the event of a fire.    Comments were received from Larry Wohlers, the fire marshal for the City of Council Bluffs, Iowa, and Steven Carmichael, chief building official for the City of Council Bluffs. The commenters stated support for the requirement for dual sensor smoke detectors and were opposed to the portion of the proposed rules that would change that requirement. Mr. Wohlers commented that the City of Council Bluffs has an inspection program for rental housing and worked with landlords to implement dual sensor smoke alarms in their properties. Mr. Wohlers spoke of the benefits of dual sensor smoke detectors and that there would be a negative burden on landlords if a change was made to require a 10 year sealed battery.    In response to the above comments, State Fire Marshal Jeffrey Quigle advised that he had spoken with Chief Schilling, and after doing some research, including reviewing the Vision 20/20 document, and after listening to the concerns of the Iowa Association of Professional Fire Chiefs and the other comments presented, that the portion of the rule that would change from dual sensor smoke alarms to single sensor with a 10 year sealed battery would not be adopted.    Comments were received from Mr. Wohlers and Mr. Carmichael, asking to verify whether 903.2.8 Group R automatic sprinkler systems would not include one- and two-family dwellings. The proposed amendments appear to require that all ‘R’ occupancies would require that fire suppression or fire sprinklers be installed. According to Mr. Carmichael, the International Fire Code (IFC) states that all ‘R’ occupancies are exempt, except for one- and two-family dwellings. In order for local jurisdictions to create the exemptions, a lot of the local jurisdictions have used the language that the state put into the amendment that exempted one- and two-family dwellings from sprinkler systems. If that language is not included, it will fall on the local jurisdictions to have to make that amendment locally, which would be very hard to do without the state’s amendment. No one has had to install residential sprinklers throughout the period of time that that has been a mandate of the code because that has always been exempted out.    In response to these comments, the Building Code Commissioner advised that one- and two-family dwellings are not ‘R’ occupancies under the IRC, IFC, and IBC, and the exemption is already in the amendments to the rules for the adoption of the International Building Code in rule 661—301.8(103A). For clarification, a sentence that clearly references rule 661—301.8(103A), which deletes Section R302.2 of the International Residential Code, is added to rule 661—201.2(100).    A comment was received from Mr. Wohlers that the 1103.7.1 existing Group ‘E’ occupancies with emergency voice alarm communications systems would have a grace period for implementation for existing schools. The exception to the rule sets limits that are mainly based on size.    The State Fire Marshal adopted these amendments on February 4, 2016, with the following changes and additions:    In Item 3, in rule 661—201.2(100), introductory paragraph, a reference to rule 661—301.8(103A) was added in order to clarify the residential construction requirements as they relate to the adoption of the International Fire Code.     In Item 3, in paragraph 201.2(1)“j,” the phrase “in all new or existing Group E occupancies” was added after the word “areas.”    In Item 3, paragraph 201.2(1)“p” was not adopted, and paragraphs 201.2(1)“q” to “z” were relettered as “p” to “y.” In relettered paragraph “p,” the phrase “when the alarm has been used for ten years or more” has been changed to “in accordance with the manufacturer’s instructions.”    In Item 4, the proposed language in rule 661—201.3(100) was not adopted, and the reference to 661—Chapter 504 was inserted in lieu of the proposed language. The first sentence of rule 661—201.3(100) now reads as follows: “The provisions of the state electrical code, as adopted and amended in 661—Chapter 504, are hereby adopted by reference as the requirements for electrical installations.”    In proposed Item 11, the definition for “dual sensor smoke detector” in rule 661—210.1(100) was proposed to be rescinded. However, the definition has not been rescinded, and Item 12 has been renumbered as Item 11. Also in renumbered Item 11, in the phrase “smoke detector,” the word “detector” was changed to “alarm” where appropriate.    In Item 11, the amendments to subrules 210.3(1) and 210.3(3) regarding single-station smoke alarms with 10 year nonreplaceable batteries were not adopted.    In Item 11, in subrule 210.3(6), the phrase “in accordance with the manufacturer’s instructions” was added after the word “replaced.”    Rules regarding the fire code are subject to the waiver provisions of rule 661—10.222(17A). The Commissioner of Public Safety and the State Fire Marshal do not have authority to waive requirements established by statute, according to Iowa Code sections 100.1(5) and 103A.7.    After analysis and review of this rule making, there should be a positive impact on jobs. The State Fire Marshal will continue to work with stakeholders to maximize this rule making’s positive impact on jobs. Any fiscal impact is expected to be minimal and less than $100,000 annually or $500,000 during the next five years.    These amendments are intended to implement Iowa Code section 100.1(5).    These amendments will become effective May 18, 2016.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 103A.7, 103A.11 and 103A.14, the Building Code Commissioner of the Department of Public Safety and the Building Code Advisory Council hereby amend Chapter 300, “State Building Code—Administration,” Chapter 301, “State Building Code—General Provisions,” Chapter 302, “State Building Code—Accessibility of Buildings and Facilities Available to the Public,” and Chapter 315, “Weather Safe Rooms,” Iowa Administrative Code.    The Building Code Commissioner of the Department of Public Safety is authorized to adopt administrative rules, and the Building Code Advisory Council is authorized to approve or disapprove the administrative rules, pursuant to Iowa Code sections 103A.7, 103A.11, and 103A.14. The amendments implement the policy of adopting the building code provisions provided in the most recent editions in the International Code Council (ICC) code cycle. A similar policy has been used with regard to plumbing and mechanical codes, pursuant to Iowa Code section 105.4. The most recent editions of the codes used in the construction industry reflect current industry standards, and adoption of the current codes helps to promote consistency in the regulations affecting the construction industry.    The 2015 International Building Code (IBC) constitutes the most recent edition of industry standards, and its adoption promotes consistency of governing codes, eases the burden of planning and constructing buildings, and meets the business needs of the building industry while also meeting the expectations and needs of the public who use these buildings. The adoption of the 2015 IBC will assist businesses, individuals and the construction industry by streamlining construction requirements in the state.    Informal meetings have been held with stakeholders in the construction industry, who have supported the adoption of the most recent edition of the International Building Code. In accordance with Iowa Code section 103A.8C, the amendments to Chapter 315 adopt the standards of the 2015 ICC; however, there is no requirement that a safe room or storm shelter be included in new or existing construction unless one is required by another statute or federal statute or regulation.    Notice of Intended Action was published in the Iowa Administrative Bulletin on November 25, 2015, as ARC 2250C. A public hearing was held on January 5, 2016, in Room 125 of the Oran Pape State Office Building, Des Moines, Iowa. Two additional public hearings were held, one on January 7, 2016, in Stockton, Iowa, and one on January 8, 2016, in Council Bluffs, Iowa.    The following comments were received at the public hearing:    A comment was received from Rick Parrino, representing the Iowa Truss Manufacturers Association (ITMA). The comment discussed testing that had been conducted on the fire performance of floor systems and the exception relating to protection of dimensional lumber. Parrino commented that new growth 2 x 10s do not last as long as old growth 2 x 10s. Further, the testing showed that even with old growth 2 x 10s, the floor system failed in half the time than had been previously believed. The concern was raised that with the exception left in, there would be a false sense of safety for fire fighters.    Another comment from a member of the fire protection service advised that when fire fighters respond to a residential fire, they assume the shortest time before failure of the floor, so that no matter what type of floor system the structure has, the fire fighters are within the margin of safety.    As a result of the comments, the proposed deletion of section R302.2 and insertion of new language for section R302.2 in Item 11 were not adopted. However, new language was inserted to add an exception for exterior decks, balconies and porches.    As a result of review by the Building Code Commissioner, the following additional changes to the amendments published under Notice of Intended Action were made.    In Item 2, paragraph 300.4(2)“b,” a technical change was made to move the underscored note at the end of the table to the end of the paragraph. No substantive changes were made to the note.    In Item 6, rule 661—301.3(103A), in the definition for “Cabin Buildings,” the language was revised to clarify that a cabin building is a residence of transient use for overnight accommodations. Additionally, some grammatical changes were made, to use “which” instead of “that” and also to make the tenses uniform.    In Item 6, subrule 301.3(14), subsections 903.2.8.1 through 903.2.8.4 were excepted from the deletion of section 903.2.8.    In Item 7, rule 661—301.4(103A), the amendment was revised to clearly state that the provisions of the state mechanical code were being adopted by reference, and to mirror the language used in Item 8, rule 661—301.5(103A).    In Item 11, an additional Exception 5 was added to exempt exterior balconies, decks and porches from the requirements relating to fire protection in flooring systems.    In Item 11, a reference to rule 661—303.2(103A) was added after the phrase “Delete chapter 11.”    In Item 11, the phrase “habitable attics” has been added to the first sentence of “R310.1 Emergency escape and rescue required.”    In Item 11, the reference to Appendix Q was stricken and a reference to Appendix U was added, and language was added to clarify that these deleted appendices are contained in the International Residential Code (IRC).    In Item 15, Note 2 is stricken, thus the numeral “1” in Note 1 is stricken as it is superfluous.    The effective dates for applicability of the rules to existing and future projects were updated to reflect the effective date of these amendments. The effective dates for applicability appear in Item 13, rule 661—301.10(103A), Transition period; Item 17, rule 661—315.1(103A), Scope; and Item 18, rule 661—315.3(103A), Requirements.    The Building Code Commissioner adopted these amendments on March 11, 2016, after a review by and with the approval of the Building Code Advisory Council.    Rules regarding the building code are subject to the waiver provisions of rule 661—10.222(17A). The Commissioner and the Building Code Advisory Council do not have authority to waive requirements established by statute, according to Iowa Code section 103A.7.    After analysis and review of this rule making, there should be a positive impact on jobs. The Building Code Advisory Council will continue to work with stakeholders to maximize this rule making’s positive impact on jobs. Any fiscal impact is expected to be minimal and less than $100,000 annually or $500,000 during the next five years.    These amendments are intended to implement Iowa Code sections 103A.7, 103A.8, and 103A.8A.    These amendments will become effective May 18, 2016.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 103A.7, 103A.11 and 103A.14, the Building Code Commissioner in the Department of Public Safety and the State Historical Society Board hereby amend Chapter 350, “State Historic Building Code,” Iowa Administrative Code.    The Building Code Commissioner in the Department of Public Safety is authorized to adopt administrative rules, and the State Historical Society Board is authorized to approve or disapprove the administrative rules, according to Iowa Code section 103A.41. This amendment implements the policy of adopting the building code provisions provided in the most recent editions in the code cycle. A similar policy has been used with regard to plumbing and mechanical codes. The most recent editions of the codes used in the construction industry reflect current industry standards and promote consistency in the regulations affecting the construction industry.    Adoption of the 2015 International Existing Building Code (IEBC) is proposed because it is the most recent edition of industry standards and because its adoption promotes consistency of governing codes, eases the burden of planning and constructing buildings, and meets the business needs of the building industry while also meeting the expectations and needs of the public who use these buildings. The adoption of the 2015 IEBC will assist businesses, individuals and the construction industry by streamlining construction requirements in the state. Informal meetings have been held with stakeholders in the construction industry, who generally support the adoption of the most recent edition of the IEBC as it relates to historic buildings in the state of Iowa.    Notice of Intended Action was published in the Iowa Administrative Bulletin on November 25, 2015, as ARC 2265C. A public hearing was held on January 5, 2016, in Room 125 of the Oran Pape State Office Building, Des Moines, Iowa. Two additional public hearings were held, one on January 7, 2016, in Stockton, Iowa, and one on January 8, 2016, in Council Bluffs, Iowa. No public comments on the proposed amendment were presented at any of the three hearings. No written comments concerning this proposed amendment were received. This amendment is identical to that published under Notice.    The Building Code Commissioner adopted these amendments on February 4, 2016.    Rules regarding the building code are subject to the waiver provisions of rule 661—10.222(17A). The Building Code Commissioner and the Board do not have authority to waive requirements established by statute, according to Iowa Code section 103A.7.    After analysis and review of this rule making, there should be a positive impact on jobs. The Board will continue to work with stakeholders to maximize this rule making’s positive impact on jobs. Any fiscal impact is expected to be minimal and less than $100,000 annually or $500,000 during the next five years.    This amendment is intended to implement Iowa Code sections 103A.41 to 103A.45.    This amendment will become effective May 18, 2016.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code sections 48A.19(3) and 17A.3, the Secretary of State hereby amends Chapter 23, “Voter Registration in State Agencies,” Iowa Administrative Code.    These amendments:

    Pursuant to the authority of Iowa Code section 35A.13, the Iowa Department of Veterans Affairs hereby amends Chapter 14, “Veterans Trust Fund,” Iowa Administrative Code.    The rules in Chapter 14 describe eligibility and procedures for the Veterans Trust Fund. Because of the increased popularity of and need for Honor Guard services, the adopted amendment increases the amount available for Honor Guard reimbursement from $500 to $1000.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2399C on February 17, 2016. Comments were accepted until March 8, 2016. The Department received two comments that were supportive of the rule change. This amendment is identical to the one published under Notice of Intended Action.    The Department of Veterans Affairs does not intend to grant waivers under the provisions of these rules other than as may be allowed under the Department’s general rules regarding waivers.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code section 35A.13.    This amendment will become effective May 18, 2016.    The following amendment is adopted.