Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 224 - Aboveground Flammable or Combustible Liquid Storage Tanks › Rule 661-224.6 - Inspections and Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Inspections.
Any tank is subject to inspection at any time by
			 the state fire marshal, an employee of the state fire marshal, a local fire
			 chief, or any member of the local fire department designated by the local fire
			 chief. Any of the persons listed who seeks to inspect a tank pursuant to this
			 rule shall, upon request, be allowed access to any facility in which a tank or
			 tanks are located. At any time such a facility is attended, the attendant shall
			 allow immediate access to the facility to the person who requests access to the
			 facility in order to conduct an inspection. If a facility is unattended, the
			 person who seeks to conduct the inspection shall notify the owner or operator
			 of the facility. During regular business hours, or between 8 a.m. and 4 p.m.
			 Monday through Friday, access shall be allowed within one hour of notification.
			 If access is sought other than during regular business hours, access shall be
			 provided at 8 a.m. on the next weekday other than a holiday. If the person who
			 seeks access to the facility indicates that access is being sought to
			 investigate an emergency or potential emergency, the owner of the facility
			 shall provide access within one hour of receiving the request, regardless of
			 the time of day or day of the week when the request is received.
(2)
Orders.
If the person
			 who conducts an inspection pursuant to subrule 224.6(1) finds that a tank is in
			 violation of any applicable provision of this chapter, 661-Chapter 221, or Iowa
			 Code chapter 101, the person may issue an order for correction. The order shall
			 specify the violation or violations, corrective actions to be taken, and the
			 time allowed for completion of the corrective actions.
(3)
Suspension of use.
If
			 any corrective action ordered pursuant to subrule 224.6(2) is not completed in
			 the time specified in the order issued pursuant to subrule 224.6(2), the state
			 fire marshal may order that the tank be placed out of service until the
			 corrective action or actions have been completed. If a tank is ordered to be
			 placed out of service pursuant to this subrule, the tank shall have a sticker
			 prominently affixed to it which states that the tank is out of service by order
			 of the state fire marshal and that it is a violation of law to transfer any
			 flammable or combustible liquid into the tank.
(4)
Emergency order.
If the
			 state fire marshal finds that a violation identified during an inspection
			 conducted pursuant to subrule 224.6(1) creates an imminent threat to public
			 safety or public health, or if the state fire marshal finds, after consultation
			 with the department of natural resources, that such a violation creates an
			 imminent threat of environmental damage, the state fire marshal shall order
			 that the tank be placed out of service immediately and may order that the tank
			 be evacuated of liquid and purged of vapors. If a tank is ordered to be placed
			 out of service pursuant to this subrule, the tank shall have a sticker
			 prominently affixed to it which states that the tank is out of service by order
			 of the state fire marshal and that it is a violation of law to transfer any
			 flammable or combustible liquid into the tank.
(5)
Notice.
Notice of any
			 order issued pursuant to this rule shall be given to the owner or operator of a
			 tank subject to the order. Notice of an emergency order issued pursuant to
			 subrule 224.6(4) shall be given by personal service. Notice of any other order
			 issued pursuant to this rule may be given by regular mail, electronic mail, or
			 personal service.
EXCEPTION: If the owner of a tank subject to an order issued
				pursuant to this rule is unknown or cannot be located, notice shall be
				considered to have been given if the notice is served personally to any person
				at the location of the tank or, if no person is present, by affixing the notice
				to the tank. Alternatively, notice may be given by mailing the notice to the
				address at which the tank is located, with a return receipt requested.
				Notification from the United States Postal Service that delivery was attempted
				unsuccessfully or that delivery was refused shall serve as proof that notice
				was given.