Text: HSB541            Text: HSB543


House Study Bill 542

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR 1 An Act relating to activities of the department of public 2 safety including regulating the storage of flammable 3 and combustible liquids in aboveground storage tanks and 4 retaining fees. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5422DP (6) 83 tm/nh PAG LIN 1 1 Section 1. Section 100.1, subsection 5, Code 2009, is 1 2 amended to read as follows: 1 3 5. To promulgate fire safety rules. The state fire marshal 1 4 shall have exclusive right to promulgate fire safety rules as 1 5 they apply to enforcement or inspection requirements by the 1 6 state fire marshal, but the rules shall be promulgated only 1 7 after public hearing pursuant to chapter 17A. Wherever by any 1 8 statute the fire marshal or the department of public safety is 1 9 authorized or required to promulgate, proclaim, or amend rules 1 10 and minimum standards regarding fire hazards or fire safety or 1 11 protection in any establishment, building or structure, the 1 12 rules and standards shall promote and enforce fire safety, fire 1 13 protection and the elimination of fire hazards as the rules may 1 14 relate to the use, occupancy and construction of the buildings, 1 15 establishments or structures. The word "construction" shall 1 16 include, but is not limited to, electrical wiring, plumbing, 1 17 heating, lighting, ventilation, construction materials, 1 18 entrances and exits, and all other physical conditions of the 1 19 building which may affect fire hazards, safety or protection. 1 20 The rules and minimum standards shall be in substantial 1 21 compliance except as otherwise specifically provided in this 1 22 chapter, with the standards of the national fire protection 1 23 association relating to fire safety as published in the 1 24 national fire codes. 1 25 Sec. 2. Section 100C.9, subsection 2, Code 2009, is amended 1 26 to read as follows: 1 27 2. Notwithstanding section 8.33, fees collected by the 1 28 division of state fire marshal that remain unencumbered or 1 29 unobligated at the close of the fiscal year shall not revert 1 30 but shall remain available for expenditure for the purposes 1 31 designated until the close of the in succeeding fiscal 1 32 year years. 1 33 Sec. 3. Section 101.1, Code 2009, is amended to read as 1 34 follows: 1 35 101.1 Rules by fire marshal. 2 1 1. The state fire marshal is hereby empowered and directed 2 2 to formulate and adopt and from time to time amend or revise 2 3 and to promulgate, in conformity with and subject to the 2 4 conditions set forth in this chapter, reasonable rules for the 2 5 safe transportation, storage, handling, and use of combustible 2 6 liquids, flammable liquids, liquefied petroleum gases, and 2 7 liquefied natural gases. 2 8 2. For purposes of this chapter: 2 9 a. "Combustible liquid" means any liquid that has a 2 10 closed=cup flash point greater than or equal to 100 degrees F. 2 11 a.b. "Flammable liquid" means a liquid having a with a 2 12 closed=cup flash point below 200 100 degrees F. and a Reid 2 13 vapor pressure not exceeding forty p.s.i.absolute, 2026.6 mm 2 14 Hg, at 100 degrees F. 2 15 b.c. "Liquefied petroleum gas" means material composed 2 16 predominantly of any of the following hydrocarbons, or mixtures 2 17 of the same:$MPropane, propylene, butanes (normal butane or 2 18 isobutane) and butylenes. 2 19 c.d. "Liquefied natural gas" means a fuel in the liquid 2 20 state composed predominantly of methane and which may contain 2 21 minor quantities of ethane, propane, nitrogen, or other 2 22 components normally found in natural gas. 2 23 Sec. 4. Section 101.3, Code 2009, is amended to read as 2 24 follows: 2 25 101.3 Separate rules for liquids and gas. 2 26 The rules covering combustible and flammable liquids 2 27 and shall be formulated and promulgated separately from those 2 28 covering liquefied petroleum gas shall be separately formulated 2 29 and separately promulgated. 2 30 Sec. 5. Section 101.5, Code 2009, is amended to read as 2 31 follows: 2 32 101.5 Publication of rules Rules. 2 33 The rules shall be promulgated pursuant to chapter 17A, only 2 34 after a public hearing at least twenty days' notice of the 2 35 time and place of which is given by publication in the Iowa 3 1 administrative bulletin and by mail to any person who has filed 3 2 the person's name and address with the state fire marshal for 3 3 the purpose of receiving the notice. 3 4 Sec. 6. Section 101.12, Code 2009, is amended by striking 3 5 the section and inserting in lieu thereof the following: 3 6 101.12 Aboveground tanks authorized. 3 7 1. An aboveground flammable or combustible liquid storage 3 8 tank may be installed at a retail motor vehicle fuel outlet, 3 9 subject to rules adopted by the state fire marshal. 3 10 2. Rules adopted by the state fire marshal pursuant to this 3 11 section shall be in substantial compliance with the applicable 3 12 standards of the national fire protection association. 3 13 3. The installation of an aboveground flammable or 3 14 combustible liquid storage tank at a retail motor vehicle fuel 3 15 outlet shall also be subject to approval by the governing body 3 16 of the local governmental subdivision which has jurisdiction 3 17 over the fuel outlet. 3 18 Sec. 7. Section 101.21, Code 2009, is amended to read as 3 19 follows: 3 20 101.21 Definitions. 3 21 As used in this part division unless the context otherwise 3 22 requires: 3 23 1. "Aboveground petroleum flammable or combustible 3 24 liquid storage tank" means one or a combination of tanks, 3 25 including connecting pipes connected to the tanks which 3 26 are used to contain an accumulation of petroleum flammable 3 27 or combustible liquid and the volume of which, including 3 28 the volume of the underground pipes, is more than ninety 3 29 percent above the surface of the ground. Aboveground 3 30 petroleum flammable or combustible liquid storage tank does not 3 31 include any of the following: 3 32 a. Aboveground tanks of one thousand one hundred gallons or 3 33 less capacity. 3 34 b. Tanks used for storing heating oil for consumptive use 3 35 on the premises where stored. 4 1 c. Underground storage tanks as defined by section 455B.471. 4 2 d. A flow=through process tank, or a tank containing 4 3 a regulated substance, other than motor fuel used for 4 4 transportation purposes, for use as part of a manufacturing 4 5 process, system, or facility. 4 6 2. "Nonoperational aboveground petroleum tank" means an 4 7 aboveground storage tank in which petroleum is not deposited or 4 8 from which petroleum is not dispensed on or after July 1, 1989. 4 9 3.2. "Operator" means a person in control of, or having 4 10 responsibility for, the daily operation of an aboveground 4 11 petroleum flammable or combustible liquid storage tank. 4 12 4.3. "Owner" means: 4 13 a. In the case of an aboveground petroleum flammable or 4 14 combustible liquid storage tank in use on or after July 1, 4 15 1989, a person who owns the aboveground petroleum flammable or 4 16 combustible liquid storage tank used for the storage, use, or 4 17 dispensing of petroleum flammable or combustible liquid. 4 18 b. In the case of an aboveground petroleum flammable or 4 19 combustible liquid storage tank in use before July 1, 1989, but 4 20 no longer in use on or after that date, a person who owned the 4 21 tank immediately before the discontinuation of its use. 4 22 5.4. "Petroleum" means petroleum as defined in section 4 23 455B.471. 4 24 6.5. "Release" means spilling, leaking, emitting, 4 25 discharging, escaping, leaching, or disposing from an 4 26 aboveground petroleum flammable or combustible liquid storage 4 27 tank into groundwater, surface water, or subsurface soils. 4 28 7.6. "State fire marshal" means the state fire marshal or 4 29 the state fire marshal's designee. 4 30 8.7. "Tank site" means a tank or grouping of tanks within 4 31 close proximity of each other located on a facility for the 4 32 purpose of storing petroleum flammable or combustible liquid. 4 33 Sec. 8. Section 101.22, Code 2009, is amended to read as 4 34 follows: 4 35 101.22 Report of existing and new tanks == registration fee 5 1 == tag == penalty. 5 2 1. Except as provided in subsection 2, the owner or 5 3 operator of an aboveground petroleum flammable or combustible 5 4 liquid storage tank existing on or before July 1, 1989 July 1, 5 5 2010, shall notify the state fire marshal in writing by May 1, 5 6 1990 October 1, 2010, of the existence of each tank and specify 5 7 the age, size, type, location, and uses of the tank. 5 8 2. The owner of an aboveground petroleum flammable or 5 9 combustible liquid storage tank taken out of operation between 5 10 January 1, 1979, and July 1, 1989 on or before July 1, 2010, 5 11 shall notify the state fire marshal in writing by July 1, 5 12 1990 October 1, 2010, of the existence of the tank unless the 5 13 owner knows the tank has been removed from the site. The 5 14 notice shall specify, to the extent known to the owner, the 5 15 date the tank was taken out of operation, the age of the 5 16 tank on the date taken out of operation, the size, type, and 5 17 location of the tank, and the type and quantity of substances 5 18 left stored in the tank on the date that it was taken out of 5 19 operation. 5 20 3. An owner or operator which who brings into use an 5 21 aboveground petroleum flammable or combustible liquid storage 5 22 tank after July 1, 1989 2010, shall notify the state fire 5 23 marshal in writing within thirty days of the existence of the 5 24 tank and specify the age, size, type, location, and uses of the 5 25 tank. 5 26 4. The registration notice of the owner or operator to 5 27 the state fire marshal under subsections 1 through 3 shall 5 28 be accompanied by an annual fee of ten dollars for each tank 5 29 included in the notice. All moneys collected shall be retained 5 30 by the department of public safety and are appropriated for the 5 31 use of the state fire marshal. The annual renewal fee applies 5 32 to all owners or operators who filed file a registration notice 5 33 with the state fire marshal pursuant to subsections 1 through 5 34 3. 5 35 5. A person who deposits petroleum flammable or combustible 6 1 liquid in an aboveground petroleum flammable or combustible 6 2 liquid storage tank shall notify the owner or operator in 6 3 writing of the notification requirements of this section. 6 4 6. A person who sells or constructs a tank intended to be 6 5 used as an aboveground storage tank shall notify the purchaser 6 6 of the tank in writing of the notification requirements of this 6 7 section applicable to the purchaser. 6 8 7. It is unlawful to deposit petroleum flammable or 6 9 combustible liquid in an aboveground petroleum flammable or 6 10 combustible liquid storage tank which has not been registered 6 11 pursuant to subsections 1 through 4. 6 12 8. The state fire marshal shall furnish the owner or 6 13 operator of an aboveground petroleum flammable or combustible 6 14 liquid storage tank with a registration tag for each 6 15 aboveground petroleum flammable or combustible liquid storage 6 16 tank registered with the state fire marshal. 6 17 a. The owner or operator shall affix the tag to the fill 6 18 pipe of each registered aboveground petroleum flammable or 6 19 combustible liquid storage tank. 6 20 b. A person who conveys or deposits petroleum flammable 6 21 or combustible liquid shall inspect the aboveground 6 22 petroleum flammable or combustible liquid storage tank to 6 23 determine the existence or absence of the registration tag. 6 24 If a registration tag is not affixed to the aboveground 6 25 petroleum flammable or combustible liquid storage 6 26 tank fill pipe, the person conveying or depositing the 6 27 petroleum flammable or combustible liquid may deposit the 6 28 petroleum flammable or combustible liquid in the unregistered 6 29 tank. However, the deposit is allowed only in the single 6 30 instance, that the person provides the owner or operator with 6 31 another notice as required by subsection 5, and that the 6 32 person provides the owner or operator with an aboveground 6 33 petroleum flammable or combustible liquid storage tank 6 34 registration form. 6 35 c. It is the owner or operator's duty to comply with 7 1 registration requirements. A late registration penalty of 7 2 twenty=five dollars is imposed in addition to the registration 7 3 fee for a tank registered after the required date. 7 4 Sec. 9. Section 101.22A, Code 2009, is amended to read as 7 5 follows: 7 6 101.22A Exemption. 7 7 An aboveground petroleum flammable or combustible 7 8 liquid storage tank which is subject to regulation or 7 9 registration under either the federal department of 7 10 transportation or state department of transportation or both, 7 11 is exempt from the registration requirements of section 101.22. 7 12 Sec. 10. Section 101.23, Code 2009, is amended to read as 7 13 follows: 7 14 101.23 State fire marshal reporting rules. 7 15 The state fire marshal shall adopt rules pursuant to chapter 7 16 17A relating to reporting requirements necessary to enable 7 17 the state fire marshal to maintain an accurate inventory of 7 18 aboveground petroleum flammable or combustible liquid storage 7 19 tanks. 7 20 Sec. 11. Section 101.24, subsections 1 and 2, Code 2009, are 7 21 amended to read as follows: 7 22 1. Inspect and investigate the facilities and records of 7 23 owners and operators of aboveground petroleum flammable or 7 24 combustible liquid storage tanks with a capacity of fifteen 7 25 thousand or more gallons, as necessary to determine compliance 7 26 with this division and the rules adopted pursuant to this 7 27 division. An inspection or investigation shall be conducted 7 28 subject to subsection 4. For purposes of developing a rule, 7 29 maintaining an accurate inventory, or enforcing this division, 7 30 the department may: 7 31 a. Enter at reasonable times an establishment or other place 7 32 where an aboveground storage tank is located. 7 33 b. Inspect and obtain samples from any person of 7 34 petroleum flammable or combustible liquid or another regulated 7 35 substance and conduct monitoring or testing of the tanks, 8 1 associated equipment, contents, or surrounding soils, air, 8 2 surface water, and groundwater. Each inspection shall be 8 3 commenced and completed with reasonable promptness. 8 4 (1) If the state fire marshal obtains a sample, prior to 8 5 leaving the premises, the fire marshal shall give the owner, 8 6 operator, or agent in charge a receipt describing the sample 8 7 obtained and if requested a portion of each sample equal in 8 8 volume or weight to the portion retained. If the sample is 8 9 analyzed, a copy of the results of the analysis shall be 8 10 furnished promptly to the owner, operator, or agent in charge. 8 11 (2) Documents or information obtained from a person under 8 12 this subsection shall be available to the public except as 8 13 provided in this subparagraph. Upon a showing satisfactory to 8 14 the state fire marshal by a person that public disclosure of 8 15 documents or information, or a particular part of the documents 8 16 or information to which the state fire marshal has access 8 17 under this subsection would divulge commercial or financial 8 18 information entitled to protection as a trade secret, the 8 19 state fire marshal shall consider the documents or information 8 20 or the particular portion of the documents or information 8 21 confidential. However, the documents or information may be 8 22 disclosed to officers, employees, or authorized representatives 8 23 of the United States charged with implementing the federal 8 24 Solid Waste Disposal Act, to employees of the state of Iowa or 8 25 of other states when the document or information is relevant 8 26 to the discharge of their official duties, and when relevant 8 27 in a proceeding under the federal Solid Waste Disposal Act or 8 28 this division. 8 29 2. Maintain an accurate inventory of aboveground 8 30 petroleum flammable or combustible liquid storage tanks. 8 31 Sec. 12. Section 101A.5, unnumbered paragraph 1, Code 2009, 8 32 is amended to read as follows: 8 33 The state fire marshal shall prepare, adopt, and distribute 8 34 to permit=issuing authorities and other interested persons, 8 35 without cost, rules in accordance with provisions of chapter 9 1 17A, adopt rules pursuant to chapter 17A pertaining to the 9 2 manufacture, transportation, storage, possession, and use of 9 3 explosive materials. Rules adopted by the state fire marshal 9 4 shall be compatible with, but not limited to the national 9 5 fire protection association's pamphlet number 495 and federal 9 6 rules pertaining to commerce, possession, storage, and use of 9 7 explosive materials. Such rules shall: 9 8 EXPLANATION 9 9 This bill relates to activities of the department of public 9 10 safety including regulating the storage of flammable and 9 11 combustible liquids in aboveground storage tanks and retaining 9 12 fees. 9 13 Currently, the department of public safety retains, as 9 14 repayment receipts, certain fees collected pursuant to Code 9 15 chapter 101C relating to the regulation of fire extinguishing 9 16 and alarm systems contractors and installers. The bill allows 9 17 such repayment receipts that remain unencumbered or unobligated 9 18 at the close of a fiscal year to be retained by the department 9 19 for succeeding fiscal years. 9 20 The bill changes a number of provisions regarding the 9 21 storage of fuel and liquefied gases in aboveground storage 9 22 tanks in Code chapter 101. The bill adds a definition of 9 23 "combustible liquid" and changes the definitional standards for 9 24 flammable liquids. Currently, the Code refers to "petroleum" 9 25 storage tanks in Code chapter 101. The bill changes these 9 26 references to "flammable or combustible liquid storage tanks" 9 27 where appropriate. 9 28 The bill requires an owner or operator of aboveground 9 29 flammable or combustible liquid storage tanks to notify the 9 30 state fire marshal of their existence prior to October 1, 2010, 9 31 and provide additional information such as the age, size, type, 9 32 location, and uses of the tanks. The bill requires an owner or 9 33 operator of a tank that is taken out of operation on or before 9 34 July 1, 2010, to notify the state fire marshal of the existence 9 35 of the tank by October 1, 2010. LSB 5422DP (6) 83 tm/nh
Text: HSB541            Text: HSB543