Notice of Intended Action

Liquefied petroleum gas, ch 226

Untitled document

ARC 8677C

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Proposing rulemaking related to liquefied petroleum gas
and providing an opportunity for public comment

The Department of Inspections, Appeals, and Licensing hereby proposes to rescind Chapter 226, “Liquefied Petroleum Gas,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 101.1.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 101and Executive Order 10 (January 10, 2023).

Purpose and Summary

This rulemaking proposes the repromulgation of Chapter 226. This rulemaking implements Iowa Code section 101.1 in accordance with the goals and directives of Executive Order 10. Iowa Code section 101.1 requires that the Department adopt reasonable rules for the safe transportation, storage, handling, and use ofliquefied petroleum gases. Iowa Code section 101.2 requires the rules to be in substantial compliance with the standards of the National Fire Protection Association (NFPA) relating to liquefied petroleum gases. Iowa Code section 101.3 states that the rules governing liquefied petroleum gas shall be formulated and promulgated separately from those covering combustible and flammable liquids and liquefied natural gases. Iowa Code section 10A.511 grants to the director of the Department the duty to enforce all laws, rules and regulations concerning the storage, transportation, handling, and use of liquid petroleum gas.

The proposed rules implement the aforementioned Iowa Code sections by adopting the provisions of the NFPA 54-ANSI Z223.1 and 58, 2024 edition, with amendments.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):

●November 25, 2024

The Department received one public comment from the Iowa Propane Gas Association (IPGA). The IPGA suggested that the references to specific versions of NFPA-54 and NFPA-58 be removed from the chapter to give clarity to Iowa businesses. However, Iowa Code section 17A.6(5) requires that rules that reference another publication cite a date certain, edition or amendment number identifying the specific version of the publication.

The IPGA also suggested that the rulemaking replace the word “will” with “shall” to align with the NFPA definitions. While that change would make the rulemaking more restrictive, it was requested by members of the industry. Furthermore, Iowa Code section 101.2 requires that the rules adopted in this chapter comply with the standards in the NFPA. The rulemaking has been revised to implement this suggestion.

Finally, the IPGA suggested that the last sentence in rule 661—226.1(101), numbered paragraph “1,” be revised to replace the words “any local” in the phrase “Any local fire department where the tank(s) is located will be advised of each installation” with the words “The reporting” or “Any reporting” fire department. The suggestion clarifies which fire department needs to be notified of installations. That suggested change has been implemented.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa in an amount requiring a fiscal impact statement pursuant to Iowa Code section 17A.4(4).

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 15, 2025. Comments should be directed to:

Amy Oetken
Iowa Department of Inspections, Appeals, and Licensing
6200 Park Avenue
Des Moines, Iowa 50321
Email: amy.oetken@dia.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

January 14, 2025
9:30 to 10 a.m.

Geode Conference Room
6200 Park Avenue, Suite 100
Des Moines, Iowa

January 15, 2025
1:30 to 2 p.m.

Geode Conference Room
6200 Park Avenue, Suite 100
Des Moines, Iowa

Virtual participation information will be made available on the Department’s website prior to the public hearings.

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 661—Chapter 226 and adopt the following new chapter in lieu thereof:

CHAPTER 226

LIQUEFIED PETROLEUM GAS

661—226.1(101) General requirements. The provisions of the National Fire Protection Association, NFPA 54, ANSI Z223.1-2024 National Fuel Gas Code, 2024 edition, and NFPA 58, Liquefied Petroleum Gas Code, 2024 edition, published by the National Fire Protection Association and available at www.nfpa.org, and all references contained therein, are hereby adopted by reference as the general requirements for transportation, storage, handling, and use of liquefied petroleum gas, with the following amendments and interpretive guidelines:

1.Where a stationary installation utilizes a storage container of more than 2,000 gallons (7,750 L) of individual water capacity, or the aggregate water capacity of storage containers in a grouping is more than 4,000 gallons (15,140 L) in water capacity, the installer shall submit plans for such installation to the department for review and approval. Installation shall not commence until written approval from the department has been received. Any reporting fire department where the tank(s) is located will be advised of each installation.

2.Underground gas piping that is outside a building shall not be in physical contact with any concrete.

3.Cylinders installed permanently on roofs of buildings are prohibited.

4.All training programs shall be instructor-led by a competent trainer and include a closed book test and a skills assessment.

5.Prior to acceptance and initial operation, all piping systems (including hose) shall be visually inspected and pressure-tested by the installer to determine that the materials, design, fabrication, and installation practices comply with the requirements of this chapter.

a. Pressure testing of piping systems is required as follows:

i. Piping systems with operating pressures greater than 20 psi shall have a test pressure no less than 50 psi and shall not exceed 75 psi.

(1) The test medium used for pressure testing shall be air, nitrogen, carbon dioxide, or an inert gas.

(2) Propane vapor may be used; propane liquid shall not be used.

ii. Piping systems having operating pressures of 20 psi or less, and piping to which NFPA 54, National Fuel Gas Code, is applicable shall be pressure tested in accordance with that code.

(1) The test medium used for pressure testing shall be air, nitrogen, carbon dioxide, or an inert gas.

6.On or after January 1, 2012, the use of railroad tank cars in stationary service will be prohibited.

a. Existing installations with prior approval of the department (documented in writing) will be permitted to remain in service.

7.To the extent that NFPA standards are inconsistent with International Fire Code standards, the NFPA standards shall rule.

This rule is intended to implement Iowa Code chapter 101.

Public Safety Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 1/15/2025.

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 12/25/2024.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 661-226.1

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 101

Keywords

The following keywords and tags were added to this document. You may click a keyword to view related notices.

General requirements
Click To Comment