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]
Structure 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.
Section 101.2 - Scope of rules.
Section 101.3 - Separate rules for liquids and gas.
Section 101.4 - Nonconforming use.
Section 101.5A - Shared public petroleum storage facilities.
Section 101.6 - Ordinances by municipalities.
Section 101.8 - Assistance by local officials.
Section 101.9 - Repairs ordered by fire marshal.
Section 101.10 - Assistance of department of natural resources.
Section 101.11 - Use in vehicle — marking — dispensing prohibition — penalty.
Section 101.12 - Aboveground tanks authorized.
Section 101.13 - Liquefied petroleum gas containers.
Section 101.14 - Action for damages — evidence — user conduct.
Section 101.22 - Report of existing and new tanks — registration fee— tag — penalty.
Section 101.23 - State fire marshal reporting rules.
Section 101.24 - Duties and powers of the state fire marshal.
Section 101.25 - Violations — orders.
Section 101.26 - Penalties — burden of proof.
Section 101.27 - Judicial review.
Section 101.28 - Fees for certification inspections of underground storage tanks.