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.
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