reglab/statecodes huggingface dataset:
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100D - FIRE PROTECTION SYSTEM INSTALLATION AND MAINTENANCE › Section 100D.8 - Provisional licensure.

100D.8 Provisional licensure.
1. An applicant for licensure under this chapter as a fire protection system installer and maintenance worker who possesses a minimum of four years of experience as an apprentice fire protection system installer and maintenance worker and who has not successfully passed the licensure examination or achieved certification as required pursuant to section 100D.3 by January 1, 2010, shall be issued a license as a fire protection system installer and maintenance worker for a period ending no later than December 31, 2010. A provisional license shall be granted upon presentation of satisfactory evidence to the fire marshal demonstrating experience and competency in conducting fire protection system installations and fire protection system maintenance according to criteria to be determined by the fire marshal in rule.
2. An applicant issued a provisional license pursuant to this section shall pass the licensure examination or achieve certification on or before December 31, 2010, in order to remain licensed as a fire protection system installer and maintenance worker. A provisional license fee shall be established by the fire marshal by rule. No provisional licenses shall be issued after July 1, 2010.
2008 Acts, ch 1094, §9, 18; 2009 Acts, ch 91, §11; 2010 Acts, ch 1037, §9
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100D - FIRE PROTECTION SYSTEM INSTALLATION AND MAINTENANCE › Section 100D.9 - Transition provisions.

100D.9 Transition provisions.
1. An applicant for licensure under this chapter, who is employed as a fire protection system installer and maintenance worker as of July 1, 2008, shall be issued a license upon presentation of satisfactory evidence to the department of at least eight thousand five hundred hours of experience as a fire protection system installer and maintenance worker and one of the following:
a. Presentation of a certificate of completion of a four-year or five-year protection system apprenticeship program, approved by the United States department of labor.
b. A passing score on the national inspection, testing and certification star fire sprinkler mastery exam or an equivalent exam from a nationally recognized third-party testing agency that is approved by the state fire marshal.
c. Certification by the national institute for certification in engineering technologies, or another entity as specified by rule by the state fire marshal.
2. After July 31, 2012, a person licensed pursuant to this section shall renew or obtain a license pursuant to section 100D.3.
2008 Acts, ch 1094, §10, 18; 2009 Acts, ch 91, §12, 13; 2010 Acts, ch 1037, §10
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100D - FIRE PROTECTION SYSTEM INSTALLATION AND MAINTENANCE › Section 100D.10 - Reciprocal licenses.

100D.10 Reciprocal licenses.
To the extent that another state provides for the licensing of fire protection system installers and maintenance workers or similar action, the state fire marshal may issue a fire protection system installer and maintenance worker license, without examination, to a nonresident fire protection system installer and maintenance worker who has been licensed by such other state for at least three years provided such other state grants the same reciprocal licensing privileges to residents of Iowa who have obtained a fire protection system installer and maintenance worker license upon payment by the applicant of the required fee and upon furnishing proof that the qualifications of the applicant are equal to the qualifications of holders of similar licenses in this state.
2008 Acts, ch 1094, §11, 18; 2010 Acts, ch 1037, §11
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100D - FIRE PROTECTION SYSTEM INSTALLATION AND MAINTENANCE › Section 100D.11 - Applicability.

100D.11 Applicability.
1. The provisions of this chapter shall not be construed to apply to a person licensed as an engineer pursuant to chapter 542B who provides consultation or develops plans or other work concerning the installation or design of fire protection systems.
2. The provisions of this chapter shall not be construed to apply to a person only performing routine maintenance.
3. The provisions of this chapter shall not be construed to apply to a person licensed as a plumber pursuant to chapter 105 who is working within the scope of the person’s license.
2008 Acts, ch 1094, §12, 18; 2009 Acts, ch 91, §14; 2010 Acts, ch 1037, §12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100D - FIRE PROTECTION SYSTEM INSTALLATION AND MAINTENANCE › Section 100D.12 - Local licensing provisions.

100D.12 Local licensing provisions.
On and after August 1, 2009, a governmental subdivision shall not prohibit a person licensed pursuant to this chapter from performing services for which that person is licensed pursuant to this chapter or enforce any additional licensing provisions promulgated by the governmental subdivision against a person licensed pursuant to this chapter.
2008 Acts, ch 1094, §13, 18
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 100D - FIRE PROTECTION SYSTEM INSTALLATION AND MAINTENANCE › Section 100D.13 - Temporary licenses.

100D.13 Temporary licenses.
1. The state fire marshal may issue a temporary fire protection system installer and maintenance worker license to a person, providing that all of the following conditions are met:
a. The person is currently licensed or certified to perform work as a fire protection system installer and maintenance worker in another state.
b. The person meets any additional criteria for a temporary license established by the state fire marshal by rule.
c. The person provides all information required by the state fire marshal.
d. The person has paid the fee for a temporary license, which fee shall be established by the state fire marshal by rule.
e. The person intends to perform work as a fire protection system installer and maintenance worker only in areas of this state which are covered by a disaster emergency declaration issued by the governor pursuant to section 29C.6.
2. A temporary license issued pursuant to this section shall be valid for ninety days. The state fire marshal may establish criteria and procedures for the extension of such licenses for additional periods, which in no event shall exceed ninety days.
3. A temporary license shall be valid only in areas of the state which are subject to a disaster emergency declaration issued by the governor pursuant to section 29C.6 at the time at which the license is issued, which become subject to such a declaration during the time the license is valid, or which were subject to such a declaration issued within the six months preceding the issuance of the license.
2008 Acts, ch 1094, §18; 2009 Acts, ch 91, §15; 2010 Acts, ch 1037, §13, 14
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.1 - Rules by fire marshal — definitions.

101.1 Rules by fire marshal — definitions.
1. The state fire marshal is hereby empowered and directed to formulate and adopt and from time to time amend or revise and to promulgate, in conformity with and subject to the conditions set forth in this chapter, reasonable rules for the safe transportation, storage, handling, and use of combustible liquids, flammable liquids, liquefied petroleum gases, and liquefied natural gases.
2. For purposes of this chapter:
a. “Combustible liquid” means any liquid that has a closed-cup flash point greater than or equal to 100 degrees Fahrenheit.
b. “Flammable liquid” means a liquid with a closed-cup flash point below 100 degrees Fahrenheit and a Reid vapor pressure not exceeding forty p.s.i. absolute, 2026.6 mm Hg, at 100 degrees Fahrenheit.
c. “Liquefied petroleum gas” means material composed predominantly of any of the following hydrocarbons, or mixtures of the same: Propane, propylene, butanes (normal butane or isobutane) and butylenes.
d. “Liquefied natural gas” means a fuel in the liquid state composed predominantly of methane and which may contain minor quantities of ethane, propane, nitrogen, or other components normally found in natural gas.
e. “Petroleum” means petroleum as defined in section 455B.471.
[C35, §1655-g1, -g2, -g4; C39, §1655.1, 1655.2, 1655.4; C46, 50, 54, §101.1, 101.2; C58, 62, 66, 71, 73, 75, 77, 79, 81, §101.1]
2010 Acts, ch 1014, §3; 2011 Acts, ch 34, §28
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.2 - Scope of rules.

101.2 Scope of rules.
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, §1655.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §101.2]
98 Acts, ch 1008, §2; 2011 Acts, ch 34, §29
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.3 - Separate rules for liquids and gas.

101.3 Separate rules for liquids and gas.
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 34, §30
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.4 - Nonconforming use.

101.4 Nonconforming use.
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 property; and for guidance in enforcement may delineate these types of nonconformity that should be considered distinctly hazardous, those that should not be considered distinctly hazardous and those the need for elimination of which should be evaluated in the light of local factors. As to any rule the need for compliance with which is conditioned on local factors, the rules shall provide, as a condition precedent to evaluation or issuance of a compliance order, for reasonable notice to the proprietor of the facility affected of intention to evaluate the need and of the time and place at which the proprietor may appear and offer evidence thereon.
[C35, §1655-g3; C39, §1655.3; C46, 50, 54, §101.3; C58, 62, 66, 71, 73, 75, 77, 79, 81, §101.4]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.5 - Rules.

101.5 Rules.
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
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.5A - Shared public petroleum storage facilities.

101.5A Shared public petroleum storage facilities.
The state fire marshal 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 duplication of facilities posing both an environmental and fire hazard, and to minimize the cost of providing public services. Shared or cooperative use is not a violation of chapter 23A, even if one public agency or political subdivision compensates another public agency or political subdivision for the use or for petroleum dispensed. A publicly owned petroleum storage facility subject to this section may use aboveground or underground storage tanks, or a combination of both.
90 Acts, ch 1113, §1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.6 - Ordinances by municipalities.

101.6 Ordinances by municipalities.
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 this chapter shall in any way impair the power of any municipality when authorized by other law to regulate the use of land by comprehensive zoning or to control the construction of buildings and structures under building codes or restricted fire district regulations. Provided, further, that the size, weight and cargo carried by vehicles used in the transportation or delivery of flammable liquids or liquefied petroleum gas shall be governed by the uniform provisions of the motor vehicle and highway traffic laws of this state and local ordinances therein authorized.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §101.6]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.7 - Penalty.

101.7 Penalty.
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 convictions as in other criminal cases.
[C35, §1655-g3, -g4; C39, §1655.3, 1655.4; C46, 50, 54, §101.2, 101.4; C58, 62, 66, 71, 73, 75, 77, 79, 81, §101.7]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.8 - Assistance by local officials.

101.8 Assistance by local officials.
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 township clerk of every township outside the limits of any city or village and all other local officials upon whom fire prevention duties are imposed by law shall assist the state fire marshal in the enforcement of the rules.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §101.8]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.9 - Repairs ordered by fire marshal.

101.9 Repairs ordered by fire marshal.
If the state fire marshal 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 state fire marshal shall issue a written order to the owner or lessee of the storage tank or distribution system requiring the storage tank and distribution system be emptied and removed or repaired immediately upon receipt of the written order.
[C79, 81, §101.9]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.10 - Assistance of department of natural resources.

101.10 Assistance of department of natural resources.
If the state fire marshal has reasonable grounds for believing that a leak constitutes a hazardous condition which threatens the public health and safety, the fire marshal may request the assistance of the department of natural resources, and upon such request the department of natural resources is empowered to eliminate the hazardous condition as provided in chapter 455B, subchapter IV, part 4, the provisions of section 455B.390, subsection 3, to the contrary notwithstanding.
[C79, 81, §101.10; 82 Acts, ch 1199, §92, 96]
2021 Acts, ch 76, §150
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.11 - Use in vehicle — marking — dispensing prohibition — penalty.

101.11 Use in vehicle — marking — dispensing prohibition — penalty.
1. A vehicle which carries liquefied petroleum gas fuel or natural gas, as a fuel source for the vehicle, in a concealed area, including but not limited to trunks or compartments located in or under the vehicle, shall display on the left rear and right front bumpers of the vehicle a standard abbreviation or symbol, approved by the department of public safety, which indicates liquefied petroleum gas fuel or natural gas is a fuel source for the vehicle.
2. The owner of the vehicle which is fueled by natural gas or liquefied petroleum gas shall be responsible for the placement of the approved abbreviation or symbol on the vehicle.
3. A person shall not dispense liquefied petroleum gas fuel or natural gas into a tank in a concealed area of a vehicle unless the vehicle complies with subsection 1.
4. A person who violates this section is guilty of a simple misdemeanor.
84 Acts, ch 1095, §9
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.12 - Aboveground tanks authorized.

101.12 Aboveground tanks authorized.
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 state fire marshal.
2. Rules adopted by the state fire marshal pursuant to this section shall be in substantial compliance with the applicable standards of the national fire protection association.
3. The installation of an aboveground flammable or combustible liquid storage tank at a retail motor vehicle fuel outlet shall also be subject to approval by the governing body of the local governmental subdivision which has jurisdiction over the fuel outlet.
89 Acts, ch 131, §3; 90 Acts, ch 1235, §1; 98 Acts, ch 1008, §3; 2010 Acts, ch 1014, §6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.13 - Liquefied petroleum gas containers.

101.13 Liquefied petroleum gas containers.
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 person authorized by the owner shall not do any of the following:
a. Fill or refill the container with liquefied petroleum gas or any other gas or compound except when the owner is unable to supply liquefied petroleum gas to a person to whom the owner is leasing or furnishing the container and to whom the owner ordinarily supplies the liquefied petroleum gas, in which case the owner shall authorize the refilling of the container by another person designated by the owner.
b. Buy, sell, offer for sale, give, take, loan, deliver or permit to be delivered, or otherwise use the container.
c. Deface, remove, conceal, or change the name, mark, initials, or other identifying device of the owner.
d. Place the name, mark, initials, or other identifying device indicating ownership by any person other than the owner on the container.
2. A person who violates this section is guilty of a simple misdemeanor. Each violation of this section shall constitute a separate offense.
93 Acts, ch 138, §1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.14 - Action for damages — evidence — user conduct.

101.14 Action for damages — evidence — user conduct.
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, owner, or other person in possession of or making use of that system relating to the installation, modification, maintenance, or repair of the system or damage incurred to the system shall be admissible in evidence and considered by the finder of fact if such conduct was a cause in fact of the accident or condition leading to the injuries or damages.
2. For purposes of this section, “liquefied petroleum gas system” means any container designed to hold liquefied petroleum gas and attached valves, regulators, piping, appliances, controls on appliances, and venting of appliances.
2004 Acts, ch 1126, §1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.21 - Definitions.

101.21 Definitions.
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 combustible liquid and the volume of which, including the volume of the underground pipes, is more than ninety percent above the surface of the ground. “Aboveground flammable or combustible liquid storage tank” does not include any of the following:
a. An aboveground tank which meets any of the following criteria:
(1) Has one thousand one hundred gallons or less capacity.
(2) Stores flammable liquids on a farm located outside the limits of a city, if the aboveground tank has two thousand gallons or less capacity.
(3) Stores combustible liquids on a farm located outside the limits of a city, if the aboveground tank has five thousand gallons or less capacity.
b. A tank used for storing heating oil for consumptive use on the premises where stored.
c. An underground storage tank as defined by section 455B.471.
d. A flow-through process tank, or a tank containing a regulated substance, other than motor fuel used for transportation purposes, for use as part of a manufacturing process, system, or facility.
2. a. “Farm” means land and associated improvements used to produce agricultural commodities, if at least one thousand dollars is annually generated from the sale of the agricultural commodities.
b. As used in paragraph “a”, “commodities” means crops as defined in section 202.1 or animals as defined in section 459.102.
3. “Operator” means a person in control of, or having responsibility for, the daily operation of an aboveground flammable or combustible liquid storage tank.
4. “Owner” means:
a. In the case of an aboveground flammable or combustible liquid storage tank in use on or after July 1, 1989, a person who owns the aboveground flammable or combustible liquid storage tank used for the storage, use, or dispensing of flammable or combustible liquid.
b. In the case of an aboveground flammable or combustible liquid storage tank in use before July 1, 1989, but no longer in use on or after that date, a person who owned the tank immediately before the discontinuation of its use.
5. “Release” means spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an aboveground flammable or combustible liquid storage tank into groundwater, surface water, or subsurface soils.
6. “State fire marshal” means the state fire marshal or the state fire marshal’s designee.
7. “Tank site” means a tank or grouping of tanks within close proximity of each other located on a facility for the purpose of storing flammable or combustible liquid.
89 Acts, ch 131, §4; 90 Acts, ch 1235, §2; 2006 Acts, ch 1142, §83; 2010 Acts, ch 1014, §7; 2011 Acts, ch 34, §31; 2013 Acts, ch 127, §8, 9; 2014 Acts, ch 1092, §24; 2016 Acts, ch 1011, §121
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.22 - Report of existing and new tanks — registration fee— tag — penalty.

101.22 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 state fire marshal in writing by October 1, 2010, of the existence of each tank and specify the age, size, type, location, and uses of the tank.
2. The owner of an aboveground flammable or combustible liquid storage tank taken out of operation on or before July 1, 2010, shall notify the state fire marshal in writing by October 1, 2010, of the existence of the tank unless the owner knows the tank has been removed from the site. The notice shall specify, to the extent known to the owner, the date the tank was taken out of operation, the age of the tank on the date taken out of operation, the size, type, and location of the tank, and the type and quantity of substances left stored in the tank on the date that it was taken out of operation.
3. An owner or operator who brings into use an aboveground flammable or combustible liquid storage tank after July 1, 2010, shall notify the state fire marshal in writing within thirty days of the existence of the tank and specify the age, size, type, location, and uses of the tank.
4. The registration notice of the owner or operator to the state fire marshal under subsections 1 through 3 shall be accompanied by an annual fee of twenty dollars for each tank included in the notice. All moneys collected shall be retained by the department of public safety and are appropriated for the use of the state fire marshal. The annual renewal fee applies to all owners or operators who file a registration notice with the state fire marshal pursuant to subsections 1 through 3.
5. A person who sells or constructs a tank intended to be used as an aboveground storage tank shall notify the purchaser of the tank in writing of the notification requirements of this section applicable to the purchaser.
6. An owner or operator shall register an aboveground flammable or combustible liquid storage tank pursuant to subsections 1 through 4.
7. a. The state fire marshal shall furnish the owner or operator of an aboveground flammable or combustible liquid storage tank with a registration tag for each aboveground flammable or combustible liquid storage tank registered with the state fire marshal.
b. The owner or operator shall affix the tag to the fill pipe of each registered aboveground flammable or combustible liquid storage tank.
8. A late registration penalty of twenty-five dollars is imposed in addition to the registration fee for a tank registered after the required date.
89 Acts, ch 131, §5; 90 Acts, ch 1235, §3; 2000 Acts, ch 1224, §23; 2002 Acts, ch 1119, §127; 2008 Acts, ch 1032, §191; 2010 Acts, ch 1014, §8; 2011 Acts, ch 34, §32; 2013 Acts, ch 127, §10
Referred to in §101.22A
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.22A - Exemption.

101.22A Exemption.
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 Acts, ch 1235, §4; 2010 Acts, ch 1014, §9
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.23 - State fire marshal reporting rules.

101.23 State fire marshal reporting rules.
The state fire marshal shall adopt rules pursuant to chapter 17A relating to reporting requirements necessary to enable the state fire marshal 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 1014, §10
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.25 - Violations — orders.

101.25 Violations — orders.
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 state fire marshal may issue an order directing the person to desist in the practice which constitutes the violation, and to take corrective action as necessary to ensure that the violation will cease, and may impose appropriate administrative penalties pursuant to section 101.26. The person to whom the order is issued may appeal the order as provided in chapter 17A. On appeal, the administrative law judge may affirm, modify, or vacate the order of the state fire marshal.
2. However, if it is determined by the state fire marshal that an emergency exists respecting any matter affecting or likely to affect the public health, the fire marshal may issue any order necessary to terminate the emergency without notice and without hearing. The order is binding and effective immediately and until the order is modified or vacated at an administrative hearing or by a district court.
3. The state fire marshal may request the attorney general to institute legal proceedings pursuant to section 101.26.
89 Acts, ch 131, §8; 2016 Acts, ch 1011, §121
Referred to in §101.26
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.26 - Penalties — burden of proof.

101.26 Penalties — burden of proof.
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 is registered within thirty days after the state fire marshal issues a cease and desist order pursuant to section 101.25, subsection 1, the civil penalty under this section shall not accrue. The civil penalty is an alternative to a criminal penalty provided under this subchapter.
2. A person who knowingly fails to notify or makes a false statement, representation, or certification in a record, report, or other document filed or required to be maintained under this subchapter, or violates an order issued under this subchapter, is guilty of an aggravated misdemeanor.
3. The attorney general, at the request of the state fire marshal, shall institute any legal proceedings, including an action for an injunction, necessary to enforce the penalty provisions of this subchapter or to obtain compliance with the provisions of this subchapter or rules adopted or order pursuant to this subchapter. In any action, previous findings of fact of the state fire marshal after notice and hearing are conclusive if supported by substantial evidence in the record when the record is viewed as a whole.
4. In all proceedings with respect to an alleged violation of this subchapter or a rule adopted or order issued by the state fire marshal pursuant to this subchapter, the burden of proof is upon the state fire marshal.
5. If the attorney general has instituted legal proceedings in accordance with this section, all related issues which could otherwise be raised by the alleged violator in a proceeding for judicial review under section 101.27 shall be raised in the legal proceedings instituted in accordance with this section.
89 Acts, ch 131, §9; 2016 Acts, ch 1011, §121; 2017 Acts, ch 29, §37
Referred to in §101.25, 101.27
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES › Section 101.27 - Judicial review.

101.27 Judicial review.
Except as provided in section 101.26, subsection 5, judicial review of an order or other action of the state fire marshal 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 district court of the county in which the alleged offense was committed or the final order was entered.
89 Acts, ch 131, §10
Referred to in §101.26
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.1 - Definitions.

101A.1 Definitions.
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 means of a number eight test blasting cap when unconfined.
2. “Commercial license” or “license” means a license issued by the state fire marshal pursuant to this chapter.
3. “Explosive” means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically classified by the United States department of transportation. The term “explosive” includes all materials which are classified as a class 1, division 1.1, 1.2, 1.3, or 1.4 explosive by the United States department of transportation, under
49 C.F.R. §173.50
, and all materials classified as explosive materials under 18 U.S.C. §841, and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau detonative fuse, instantaneous fuse, igniter cord, igniters, smokeless propellant, cartridges for propellant-actuated power devices, cartridges for industrial guns, and overpressure devices, but does not include “consumer fireworks”, “display fireworks”, or “novelties” as those terms are defined in section 727.2 or ammunition or small arms primers manufactured for use in shotguns, rifles, and pistols. Commercial explosives are those explosives which are intended to be used in commercial or industrial operations.
4. “Explosive materials” means explosives or blasting agents.
5. “Import” and “importation” means transfer into the state of Iowa.
6. “Licensee” means a person holding a commercial license issued by the state fire marshal pursuant to this chapter.
7. “Magazine” means any building or structure, other than an explosives manufacturing building, approved by the state fire marshal or the fire marshal’s designated agent for the storage of explosive materials.
8. “Overpressure device” means any device constructed of a container or improvised container which is filled with a mixture of chemicals or sublimating materials or gases that generate an expanding gas, which is designed or constructed to cause the container to break, fracture, or rupture in a violent manner capable of causing death, serious injury, or property damage.
9. “Permittee” means a person holding a user’s permit issued pursuant to this chapter.
10. “Person” means any individual, corporation, partnership, or association.
11. “User’s permit” or “permit” means a permit issued by a county sheriff or chief of police of a city of ten thousand or more population, pursuant to this chapter.
[C73, 75, 77, 79, 81, §101A.1]
2008 Acts, ch 1147, §1, 2; 2017 Acts, ch 115, §5, 12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.4 - Refusal to grant license or permit — appeal.

101A.4 Refusal to grant license or permit — appeal.
1. Judicial review of the action of the state fire marshal 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 the county board of supervisors or the city council of the county or city where the permit is sought, and de novo to the district court.
[C73, 75, 77, 79, 81, §101A.4]
84 Acts, ch 1074, §3; 2003 Acts, ch 44, §114
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.5 - Rules.

101A.5 Rules.
The state fire marshal shall adopt rules pursuant to chapter 17A pertaining to the manufacture, transportation, storage, possession, and use of explosive materials. Rules adopted by the state fire marshal shall be compatible with, but not limited to, the national fire protection association’s pamphlet number 495 and federal rules pertaining to commerce, possession, storage, and use of explosive materials. Such rules shall:
1. Prescribe reasonable standards for the safe transportation and handling of explosive materials so as to prevent accidental fires and explosions and prevent theft and unlawful or unauthorized possession of explosive materials.
2. Prescribe procedures and methods of inventory so as to assure accurate records of all explosive materials manufactured or imported into the state and records of the disposition of such explosive materials, including records of the identity of persons to whom sales and transfers are made, and the time and place of any loss or destruction of explosive materials which might occur.
3. Prescribe reasonable standards for the safe storage of explosive materials as may be necessary to prevent accidental fires and explosions and prevent thefts and unlawful or unauthorized possession of explosive materials.
4. Require such reports from licensees, permittees, sheriffs, and chiefs of police as may be necessary for the state fire marshal to discharge the fire marshal’s duties pursuant to this chapter.
5. Prescribe the form and content of license and permit applications.
6. Conduct such inspections of licensees and permittees as may be necessary to enforce the provisions of this chapter.
[C73, 75, 77, 79, 81, §101A.5]
84 Acts, ch 1074, §4; 2010 Acts, ch 1014, §12
Referred to in §331.653
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.6 - Notice of storage required.

101A.6 Notice of storage required.
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
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.7 - Inspection of storage facility.

101A.7 Inspection of storage facility.
1. The licensee’s or permittee’s explosives storage facility shall be inspected at least once a year by a representative of the state fire marshal’s office, except that the state fire marshal may, at those mining operations licensed and regulated by the United States department of labor, accept an approved inspection report issued by the United States department of labor, mine safety and health administration, for the twelve-month period following the issuance of the report. The state fire marshal shall notify the appropriate city or county governing board of licenses to be issued in their respective jurisdictions pursuant to this chapter. The notification shall contain the name of the applicant to be licensed, the location of the facilities to be used in storing explosives, the types and quantities of explosive materials to be stored, and other information deemed necessary by either the governing boards or the state fire marshal. The facility may be examined at other times by the sheriff of the county where the facility is located or by the local police authority if the facility is located within a city of over ten thousand population and if the sheriff or city council considers it necessary.
2. If the state fire marshal finds the facility to be improperly secured, the licensee or permittee shall immediately correct the improper security and, if not so corrected, the state fire marshal shall immediately confiscate the stored explosives. Explosives may be confiscated by the county sheriff or local police authority only if a situation that is discovered during an examination by those authorities is deemed to present an immediate danger. If the explosives are confiscated by the county sheriff or local police authority, they shall be delivered to the state fire marshal. The state fire marshal shall hold confiscated explosives for a period of thirty days under proper security unless the period of holding is shortened pursuant to this section.
3. If the licensee or permittee corrects the improper security within the thirty-day period, the explosives shall be returned to the licensee or permittee after correction and after the licensee or permittee has paid to the state an amount equal to the expense incurred by the state in storing the explosives during the period of confiscation. The amount of expense shall be determined by the state fire marshal.
4. If the improper security is not corrected during the thirty-day period, the state fire marshal shall dispose of the explosives and the license or permit shall be canceled. A canceled license or permit shall not be reissued for a period of two years from the date of cancellation.
[C73, 75, 77, 79, 81, §101A.7]
83 Acts, ch 123, §54, 55, 209; 84 Acts, ch 1074, §5; 86 Acts, ch 1029, §1; 2014 Acts, ch 1026, §25; 2015 Acts, ch 29, §20
Referred to in §331.427, 331.653
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.8 - Report of theft or loss required.

101A.8 Report of theft or loss required.
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 the local police or county sheriff. The local police or county sheriff shall immediately transmit a report of such theft or loss of explosive materials to the state fire marshal.
[C73, 75, 77, 79, 81, §101A.8]
84 Acts, ch 1074, §6
Referred to in §101A.14, 331.653
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.9 - Disposal regulated.

101A.9 Disposal regulated.
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 explosives no longer exists, dispose of them in accordance with rules prescribed by the state fire marshal.
[C73, 75, 77, 79, 81, §101A.9]
84 Acts, ch 1074, §7
Referred to in §101A.2, 101A.14
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.10 - Persons and agencies exempt.

101A.10 Persons and agencies exempt.
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 state fire marshal, the state patrol, division of criminal investigation, local police departments, sheriffs departments, and fire departments acting in their official capacity; nor shall this chapter apply to the transportation and use of explosive materials by any peace officer to enforce provisions of this chapter when the peace officer is acting pursuant to such authority, however, other agencies of the state or any of its political subdivisions desiring to purchase, possess, transport, or use explosive materials for construction or other purposes shall be required to obtain user’s permits.
[C73, 75, 77, 79, 81, §101A.10]
98 Acts, ch 1074, §17; 2005 Acts, ch 35, §31
Referred to in §101A.2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.11 - Explosive materials exempt.

101A.11 Explosive materials exempt.
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 to ten gauge or less.
2. Black sporting powder is intended for handloading or reloading ammunition for small arms with bores equivalent to ten gauge or less, loading blank ammunition, loading cap and ball revolvers, loading muzzle loading arms, or loading muzzle loading cannon.
3. All such powder is for private use and not for commercial resale, and in the case of black sporting powder or smokeless powder the sharing with or disposition to another person is permitted if otherwise lawful.
4. The storage, use, and handling of smokeless and black powder conforms to rules or ordinances of authorities having jurisdiction for fire prevention and suppression purposes in the area of such storage, use, and handling.
[C73, 75, 77, 79, 81, §101A.11]
2021 Acts, ch 80, §57
Referred to in §101A.2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.13 - Local ordinances.

101A.13 Local ordinances.
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 not inconsistent with the provisions of this chapter and the rules promulgated pursuant to this chapter.
[C73, 75, 77, 79, 81, §101A.13]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101A - EXPLOSIVE MATERIALS › Section 101A.14 - Criminal penalties.

101A.14 Criminal penalties.
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 any of the rules adopted by the state fire marshal pursuant to the provisions of this chapter, commits a simple misdemeanor.
[C73, 75, 77, 79, 81, §101A.14]
84 Acts, ch 1074, §8; 2013 Acts, ch 58, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 101B - CIGARETTE FIRE SAFETY STANDARDS › Section 101B.2 - Definitions.

101B.2 Definitions.
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 453A.1.
3. “Department” means the department of public safety.
4. “Manufacturer” means any of the following:
a. An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced, anywhere, which cigarettes the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer.
b. The first purchaser of cigarettes anywhere, that intends to resell in the United States, cigarettes manufactured or produced anywhere, that the original manufacturer did not intend to be sold in the United States.
c. An entity that becomes a successor of an entity described in paragraph “a” or “b”.
5. “Quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the repeatability testing, and which program ensures that the testing repeatability remains within the required repeatability values specified in section 101B.4.
6. “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.
7. “Retailer” means retailer as defined in section 453A.1.
8. “Sale” means any transfer of title or possession, exchange or barter, in any manner or by any means or any agreement. In addition to cash and credit sales, the giving of cigarettes as a sample, prize, or gift or the exchanging of cigarettes for any consideration other than money is considered a sale.
9. “Sell” means to sell, or to offer or agree to sell.
10. “Wholesaler” means wholesaler as defined in section 453A.1.
2007 Acts, ch 166, §2