Title III, PUBLIC SERVICES AND REGULATION (Ch. 80 - 122C)

1. An aboveground flammable or combustible liquid storage tank may be installed at a retail motor vehicle fuel outlet, subject to rules adopted by the director. 2. Rules adopted by the director pursuant to this section shall be in substantial compliance with the applicable standa…

1. If a liquefied petroleum gas container designed to hold more than twenty pounds of liquefied petroleum gas has the name, mark, initials, or other identifying device of the owner in plainly legible characters on the surface of the container, a person other than the owner or a p…

1. In any action or claim seeking damages for personal injuries or damage to property arising out of injuries or loss due to defects in a liquefied petroleum gas system, or arising out of the condition of any portion of that system, the negligence or other fault of the customer, …

Except as otherwise provided in this chapter , the rules shall be in substantial compliance with the standards of the national fire protection association relating to flammable and combustible liquids, liquefied petroleum gases, and liquefied natural gases. [C35, §1655-g2; C39, §…

As used in this subchapter unless the context otherwise requires: 1. “Aboveground flammable or combustible liquid storage tank” means one or a combination of tanks, including connecting pipes connected to the tanks which are used to contain an accumulation of flammable or combust…

Report of existing and new tanks — registration fee — tag — penalty. 1. Except as provided in subsection 2 , the owner or operator of an aboveground flammable or combustible liquid storage tank existing on July 1, 2010, shall notify the director in writing by October 1, 2010, of …

An aboveground flammable or combustible liquid storage tank which is subject to regulation or registration under either the federal department of transportation or state department of transportation, or both, is exempt from the registration requirements of section 101.22 . 90 Act…

The director shall adopt rules pursuant to chapter 17A relating to reporting requirements necessary to enable the director to maintain an accurate inventory of aboveground flammable or combustible liquid storage tanks. 89 Acts, ch 131, §6 ; 90 Acts, ch 1235, §5 ; 2010 Acts, ch 10…

The director shall: 1. Inspect and investigate the facilities and records of owners and operators of aboveground flammable or combustible liquid storage tanks with a capacity of fifteen thousand or more gallons, as necessary to determine compliance with this subchapter and the ru…

1. If substantial evidence exists that a person has violated or is violating a provision of this subchapter or a rule adopted under this subchapter the director may issue an order directing the person to desist in the practice which constitutes the violation, and to take correcti…

1. A person who violates this subchapter or a rule adopted or order issued pursuant to this subchapter is subject to a civil penalty not to exceed one hundred dollars for each day during which the violation continues, up to a maximum of one thousand dollars; however, if the tank …

Except as provided in section 101.26, subsection 5 , judicial review of an order or other action of the director may be sought in accordance with chapter 17A . Notwithstanding chapter 17A , the Iowa administrative procedure Act, petitions for judicial review may be filed in the d…

The rules covering combustible and flammable liquids shall be formulated and promulgated separately from those covering liquefied petroleum gas and from those covering liquefied natural gases. [C58, 62, 66, 71, 73, 75, 77, 79, 81, §101.3 ] 2010 Acts, ch 1014, §4 ; 2011 Acts, ch 3…

The rules shall make reasonable provision under which facilities in service prior to the effective date of the regulations and not in strict conformity therewith may be continued in service unless the nonconformity is such as to constitute a distinct hazard to life or adjoining p…

The rules shall be promulgated pursuant to chapter 17A . [C58, 62, 66, 71, 73, 75, 77, 79, 81, §101.5 ] 2004 Acts, ch 1125, §12 ; 2010 Acts, ch 1014, §5

The director shall permit by rule the shared ownership, operation, or cooperative use of a publicly owned petroleum storage or dispensing facility by more than one public agency or political subdivision in order to maximize the opportunity for cooperation, to avoid unnecessary du…

Rules promulgated pursuant to this chapter shall have uniform force and effect throughout the state and no municipality or political subdivision shall enact or enforce any ordinance or regulation inconsistent or not in keeping with the statewide rules. Provided that nothing in th…

Any person, firm or corporation violating any of the rules promulgated under this chapter shall be deemed guilty of a simple misdemeanor. Each day of the continuing violation of such rules after conviction shall be considered a separate offense. Appeals may be taken from such con…

The chief fire prevention officer of every city or village having an established fire prevention department, the chief of the fire department of every other city or village in which a fire department is established, the mayor of every city in which no fire department exists, the …

If the director has reasonable grounds for believing after conducting tests that a leak exists in a flammable or combustible liquid storage tank or in the distribution system of a flammable or combustible liquid storage tank the director shall issue a written order to the owner o…

As used in this chapter : 1. “Blasting agent” means any material or mixture consisting of a fuel and oxidizer, intended for blasting but not otherwise classified as an explosive, in which none of the finished products as mixed and packaged for use or shipment can be detonated by …

This chapter shall not apply to the transportation and use of explosive materials by the regular military or naval forces of the United States, the duly organized militia of this state, representatives of the director, the state patrol, division of criminal investigation, local p…

This chapter shall not apply to the possession or use of twenty-five pounds or less of smokeless powder, or five pounds or less of black sporting powder, provided that: 1. Smokeless powder is intended for handloading or reloading of ammunition for small arms with bores equivalent…

The fees collected by the director in issuing licenses pursuant to this chapter shall be deposited in the licensing and regulation fund created in section 10A.507 . [C73, 75, 77, 79, 81, §101A.12 ] 2023 Acts, ch 19, §1550 ; 2023 Acts, ch 108, §35

Nothing in this chapter shall limit the authority of cities to impose additional regulations governing the storage, handling, use, and transportation of explosive materials within their respective corporate limits, however, such regulations shall be at least as stringent as and n…

1. Any person who violates the provisions of section 101A.2, subsection 4 , or section 101A.3, subsection 4 , commits a public offense and, upon conviction, shall be guilty of a class “C” felony. 2. Any person who violates the provisions of section 101A.6 , 101A.8 or 101A.9 or an…

1. The director shall issue commercial licenses for the manufacture, importation, distribution, sale, and commercial use of explosives to persons who, in the director’s discretion are of good character and sound judgment, and have sufficient knowledge of the use, handling, and st…

1. User’s permits to purchase, possess, transport, store, and detonate explosive materials shall be issued by the sheriff of the county or the chief of police of a city of ten thousand population or more where the possession and detonation will occur. If the possession and detona…

1. Judicial review of the action of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . 2. A person who is refused issuance of a user’s permit by a local permit issuing authority may appeal the authority’s decision to th…

1. The director shall adopt rules pursuant to chapter 17A pertaining to the manufacture, transportation, storage, possession, and use of explosive materials. Rules adopted by the director shall be compatible with, but not limited to, the national fire protection association’s pam…

A licensee shall notify the sheriff of the county and the local police authority of any city in which explosive materials will be stored, and shall also notify such authorities when the storage is terminated. [C73, 75, 77, 79, 81, §101A.6 ] Referred to in §101A.14

1. The licensee’s or permittee’s explosives storage facility shall be inspected at least once a year by a representative of the department of inspections, appeals, and licensing, except that the director may, at those mining operations licensed and regulated by the United States …

Any theft or loss of explosive materials, whether from a storage magazine, a vehicle in which they are being transported, or from a site on which they are being used, or from any other location, shall immediately be reported by the person authorized to possess such explosives to …

No person shall abandon or otherwise dispose of any explosives in any manner which might, as the result of such abandonment or disposal, create any danger or threat of danger to life or property. Any person in possession or control of explosives shall, when the need for such expl…

This chapter shall be known and may be cited as the “Cigarette Fire Safety Standards Act” . 2007 Acts, ch 166, §1

1. This chapter shall cease to be applicable if federal fire safety standards for cigarettes that preempt this chapter are enacted and take effect subsequent to January 1, 2009, and the department shall notify the secretary of state and the Code editor if such federal fire safety…

As used in this chapter , unless the context otherwise requires: 1. “Agent” means a distributor as defined in section 453A.1 authorized by the department of revenue to purchase and affix stamps pursuant to section 453A.10 . 2. “Cigarette” means cigarette as defined in section 453…

1. Beginning January 1, 2009, cigarettes shall not be sold or offered for sale to any person in this state unless: a. The cigarettes have been tested in accordance with the test method prescribed in section 101B.4 . b. The cigarettes meet the performance standard specified in sec…

1. a. Testing of cigarettes shall be conducted in accordance with ASTM (American society for testing and materials) international standard E2187-04, standard test method for measuring the ignition strength of cigarettes. b. The department may adopt a subsequent ASTM international…

1. Each manufacturer shall submit a written certification to the department attesting to all of the following: a. Each cigarette listed in the certification has been tested in accordance with section 101B.4 . b. Each cigarette listed in the certification meets the performance sta…

1. A manufacturer certifying cigarettes in accordance with section 101B.5 shall provide a copy of the certification to all wholesalers and agents to whom the manufacturer sells cigarettes, and shall also provide sufficient copies of an illustration of the cigarette packaging mark…

1. Cigarettes that have been certified by a manufacturer in accordance with section 101B.5 shall be marked to indicate compliance with the requirements of this chapter . The marking shall be in eight point type or larger and consist of one of the following: a. Modification of the…

1. A manufacturer, wholesaler, agent, or other person who knowingly sells cigarettes at wholesale in violation of section 101B.3 is subject to the following: a. For a first offense, a civil penalty not to exceed five thousand dollars for each sale of the cigarettes. b. For each s…

This chapter shall be known as and may be cited as the “Iowa Propane Education and Research Act” . 2007 Acts, ch 182, §1, 15

Any person occupying a position of trust under any provision of this chapter shall provide a bond in an amount required by the council. The costs of obtaining the bond shall be paid out of council funds. 2007 Acts, ch 182, §10, 15

The council shall prepare and submit an annual report to the fire marshal and the auditor of state summarizing the activities of the council conducted pursuant to this chapter . The report shall show all income, expenses, and other relevant information concerning assessments coll…