CHAPTER 103A STATE BUILDING CODE
103A.1 ESTABLISHMENT.
103A.2 STATEMENT OF POLICY.
103A.3 DEFINITIONS.
103A.4 BUILDING CODE COMMISSIONER.
103A.5 COMMISSIONER -- DUTIES.
103A.6 MERIT SYSTEM.
103A.7 STATE BUILDING CODE.
103A.8 STANDARDS.
103A.8A ENERGY CONSERVATION REQUIREMENTS.
103A.8B SUSTAINABLE DESIGN OR GREEN BUILDING STANDARDS.
103A.8C STANDARDS FOR SAFE ROOMS AND STORM SHELTERS.
103A.9 FACTORY-BUILT STRUCTURES.
103A.10 EFFECT AND APPLICATION.
103A.10A PLAN REVIEWS AND INSPECTIONS.
103A.11 RULES.
103A.12 ADOPTION AND WITHDRAWAL -- PROCEDURE.
103A.13 ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION.
103A.14 ADVISORY COUNCIL.
103A.15 BOARD OF REVIEW.
103A.16 BOARD OF REVIEW -- APPEAL.
103A.17 BOARD OF REVIEW -- PROCEDURE.
103A.18 COURT PROCEEDINGS.
103A.19 ADMINISTRATION AND ENFORCEMENT.
103A.20 PERMITS -- DUTY TO ISSUE.
103A.21 PENALTY.
103A.22 CONSTRUCTION OF STATUTE.
103A.23 FEES.
103A.25 PRIOR RESOLUTIONS.
103A.26 MANUFACTURED OR MOBILE HOME INSTALLERS CERTIFICATION -- VIOLATION -- CIVIL PENALTY.
103A.27 COMMISSION ON ENERGY EFFICIENCY STANDARDS AND PRACTICES.
103A.28 AND 103A.29
103A.30 APPROVED TIEDOWN SYSTEM -- PROVIDED AT SALE -- INSTALLATION.
103A.31 INSTALLER COMPLIANCE AND CERTIFICATION.
103A.32 COMPLIANCE.
103A.33 LISTING AND FORM OF CERTIFICATION OF APPROVED SYSTEMS PROVIDED.
103A.34 THROUGH 103A.40
103A.41 STATE HISTORIC BUILDING CODE.
103A.42 DESIGNATION OF QUALIFIED HISTORIC BUILDINGS AND STRUCTURES.
103A.43 APPLICATION OF STATE HISTORIC BUILDING CODE AS ALTERNATIVE.
103A.45 STATE HISTORICAL SOCIETY BOARD -- DUTIES.
103A.46 THROUGH 103A.50
103A.51 DEFINITIONS.
103A.52 MANUFACTURED OR MOBILE HOME RETAILER LICENSE -- PROCEDURE.
103A.53 LICENSE APPLICATION AND FEES.
103A.54 FEES.
103A.55 REVOCATION, SUSPENSION, AND DENIAL OF LICENSE.
103A.56 RULES.
103A.57 UNLAWFUL PRACTICE -- CRIMINAL PENALTY.
103A.58 MANUFACTURED HOME, MOBILE HOME, OR MODULAR HOME RETAIL INSTALLMENT CONTRACT -- FINANCE CHARGE.
103A.59 MANUFACTURED OR MOBILE HOME INSTALLERS CERTIFICATION -- VIOLATION -- CIVIL PENALTY.
103A.60 APPROVED TIEDOWN SYSTEM -- PROVIDED AT SALE -- INSTALLATION.
103A.61 INSTALLER COMPLIANCE AND CERTIFICATION.
103A.62 LISTING AND FORM OF CERTIFICATION OF APPROVED SYSTEMS PROVIDED.
103A.63 COMPLIANCE.



        

103A.1 ESTABLISHMENT. This division shall be known as the "State Building Code Act".

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.1] 

         Section History: Recent Form

         2009 Acts, ch 41, §32
        

103A.2 STATEMENT OF POLICY. It is found and declared that some governmental subdivisions do not have building codes and that the building codes which do exist in the governmental subdivisions of this state, as enacted and applied, are not uniform and impede the utilization of new and improved technology, techniques, methods, and materials in the manufacture and construction of buildings and structures. Therefore, it is the policy of the state of Iowa to insure the health, safety, and welfare of its citizens through the promulgation and enforcement of a state building code.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.2]
        

103A.3 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Board of review" or "board" means the state building code board of review created by this chapter. 2. "Building" means a combination of any materials, whether portable or fixed, to form a structure affording facilities or shelter for persons, animals or property. The word "building" includes any part of a building unless the context clearly requires a different meaning. 3. "Building regulations" means any law, bylaw, rule, resolution, regulation, ordinance, or code or compilation enacted or adopted, by the state or any governmental subdivision, including departments, boards, bureaus, commissions or other agencies, relating to the construction, reconstruction, alteration, conversion, repair or use of buildings and installation of equipment therein. The term shall not include zoning ordinances or subdivision regulations. 4. "Commissioner" means the state building code commissioner created by this chapter. 5. "Construction" means the construction, erection, reconstruction, alteration, conversion, repair, equipping of buildings, structures or facilities, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. 6. "Council" means the state building code advisory council created by this chapter. 7. "Equipment" means plumbing, heating, electrical, ventilating, conditioning, refrigerating equipment, elevators, dumbwaiters, escalators, and other mechanical facilities or installations. 8. "Factory-built structure" means any structure which is, wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation, or assembly and installation, on a building site. "Factory-built structure" includes the terms "mobile home", "manufactured home", and "modular home". 9. "Governmental subdivision" means any city, county, or combination thereof. 10. "Installation" means the assembly of factory-built structures on site and the process of affixing factory-built structures to land, a foundation, footings, or an existing building. 11. "Local building department" means an agency of any governmental subdivision charged with the administration, supervision, or enforcement of building regulations, approval of plans, inspection of buildings, or the issuance of permits, licenses, certificates and similar documents, prescribed or required by state or local building regulations. 12. "Local building regulations" means building regulations adopted by a governmental subdivision. 13. "Manufacture" is the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semi-finished materials. 14. "Manufactured home", "mobile home", and "modular home" mean the same as defined in section 103A.51. 15. "New construction" means construction of buildings and factory-built structures which is commenced on or after January 1, 1978. Notwithstanding the definition in subsection 5 of this section, when the term "new construction" appears in this chapter, "construction" is limited to the erection, reconstruction or conversion of a building or factory-built structure and additions to buildings or factory-built structures and does not include renovations or repairs. 16. "Out-of-state contractor" means a person whose principal place of business is in another state, and which contracts to perform construction, installation, or any other work covered by this chapter, in this state. 17. "Owner" means the owner of the premises, a mortgagee or vendee in possession, an assignee of rents, or a receiver, executor, trustee, lessee or other person in control of a building or structure. 18. "Performance objective" establishes design and engineering criteria without reference to specific methods of construction. 19. "State agency" means a state department, board, bureau, commission, or agency of the state of Iowa. 20. "State building code" or "code" means the state building code provided for in section 103A.7. 21. "State historic building code" means the alternative building regulations and building standards for certain historic buildings provided for in section 103A.41. 22. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner except transmission and distribution structures of public utilities. The word "structure" includes any part of a structure unless the context clearly requires a different meaning. 23. "Sustainable design" means construction design intended to minimize negative environmental impacts and to promote the health and comfort of building occupants including but not limited to measures to reduce consumption of nonrenewable resources, minimize waste, and create healthy, productive environments.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.3] 

         Section History: Recent Form

         84 Acts, ch 1113, § 1; 87 Acts, ch 60, § 3; 2001 Acts, ch 100, §1,
      2; 2001 Acts, ch 176, §60, 82; 2006 Acts, ch 1090, §14, 15, 26; 2008
      Acts, ch 1126, § 3, 33; 2008 Acts, ch 1173, § 5
         Referred to in § 135C.9
        

103A.4 BUILDING CODE COMMISSIONER. The commissioner of public safety, in addition to other duties, shall serve as the state building code commissioner or may designate a building code commissioner.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.4; 82 Acts, ch 1210, § 6]
        

103A.5 COMMISSIONER -- DUTIES. The commissioner shall: 1. Employ the necessary staff and assistants, within the limit of available funds, to assist in carrying out the provisions of this chapter. 2. Appoint necessary consultants and advisors to assist the commissioner in carrying out the provisions of this chapter. 3. Study the operation of the state building code, local building regulations, and other laws relating to the construction of buildings or structures to ascertain their effects upon the cost of building construction and the effectiveness of their provisions for health, safety, and welfare. 4. Do all things necessary or desirable to further and effectuate the general purposes and specific objectives of this chapter. 5. Administer and enforce chapters 104A and 104B.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.5] 

         Section History: Recent Form

         91 Acts, ch 97, §7
        

103A.6 MERIT SYSTEM. Employees of the commissioner, if required by federal statutes, are covered by the merit system provisions of chapter 8A, subchapter IV.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.6] 

         Section History: Recent Form

         88 Acts, ch 1158, §17; 2003 Acts, ch 145, §184
        

103A.7 STATE BUILDING CODE. 1. The state building code commissioner with the approval of the advisory council 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 designed to establish minimum safeguards in the erection and construction of buildings and structures, to protect the human beings who live and work in them from fire and other hazards, and to establish regulations to further protect the health, safety, and welfare of the public. 2. The rules shall include reasonable provisions for the following: a. The installation of equipment. b. The standards or requirements for materials to be used in construction. c. The manufacture and installation of factory-built structures. d. Protection of the health, safety, and welfare of occupants and users. e. The accessibility and use by persons with disabilities and elderly persons, of buildings, structures, and facilities which are constructed and intended for use by the general public. The rules shall be consistent with federal standards for building accessibility and shall only apply to those buildings, structures, and facilities subject to chapter 104A. f. The conservation of energy through thermal efficiency standards for buildings intended for human occupancy and which are heated or cooled and lighting efficiency standards for buildings intended for human occupancy which are lighted. g. Standards for sustainable design, also known and referred to as green building standards. h. Standards for safe rooms and storm shelters. 3. These rules shall comprise and be known as the state building code.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.7] 

         Section History: Recent Form

         93 Acts, ch 95, §1; 99 Acts, ch 49, §1, 3; 2008 Acts, ch 1032, §
      201; 2008 Acts, ch 1126, § 4, 5, 33; 2008 Acts, ch 1173, § 6; 2009
      Acts, ch 142, §1
         Referred to in § 100.35, 100.38, 100.39, 103A.3, 103A.8B, 103A.8C,
      103A.14, 103A.25, 103A.51, 104A.6, 135.18, 135B.17, 135C.2, 135C.28,
      137C.31, 137D.6, 137F.16, 167.11, 231B.4, 423E.6, 435.1, 455B.172,
      499B.3, 499B.20, 504C.1, 544A.28
        

103A.8 STANDARDS. The state building code shall as far as practical: 1. Provide uniform standards and requirements for construction, construction materials, and equipment through the adoption by reference of applicable national codes where appropriate and providing exceptions when necessary. The rules adopted shall include provisions imposing requirements reasonably consistent with or identical to recognized and accepted standards contained in performance criteria. 2. Establish such standards and requirements in terms of performance objectives. 3. Establish as the test of acceptability, adequate performance for the intended use. 4. Permit the use of modern technical methods, devices, and improvements which tend to reduce the cost of construction without substantially affecting reasonable requirements for the health, safety, and welfare of the occupants or users of buildings and structures. 5. Encourage the standardization of construction practices, methods, equipment, material, and techniques. 6. Eliminate restrictive, obsolete, conflicting, and unnecessary regulations and requirements which tend to unnecessarily increase construction costs or retard unnecessarily the use of new materials, or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction. 7. Limit the application of thermal efficiency standards for energy conservation to construction of buildings which are heated or cooled. Air exchange fans designed to provide ventilation shall not be considered a cooling system. The commissioner shall exempt any construction from any thermal efficiency standard for energy conservation if the commissioner determines that the standard is unreasonable as it would apply to a particular building or class of buildings. No standard adopted by the commissioner for energy conservation in construction shall be interpreted to require the replacement or modification of any existing equipment or feature solely to ensure compliance with requirements for energy conservation in construction. Lighting efficiency standards shall recognize variations in lighting intensities required for the various tasks performed within the building. The commissioner shall consult with the office of energy independence regarding standards for energy conservation prior to the adoption of the standards. However, the standards shall be consistent with section 103A.8A. 8. Facilitate the development and use of renewable energy.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.8; 81 Acts, ch 184, § 12] 

         Section History: Recent Form

         85 Acts, ch 147, §1; 88 Acts, ch 1134, § 22; 90 Acts, ch 1267, §
      26; 2002 Acts, ch 1162, §33; 2008 Acts, ch 1126, § 6, 33; 2009 Acts,
      ch 108, §6, 41
        

103A.8A ENERGY CONSERVATION REQUIREMENTS. The state building code commissioner shall adopt as a part of the state building code a requirement that new single-family or two-family residential construction shall comply with energy conservation requirements. The requirements adopted by the commissioner shall be based upon a nationally recognized standard or code for energy conservation. The requirements shall only apply to single-family or two-family residential construction commenced after the adoption of the requirements. Notwithstanding any other provision of this chapter to the contrary, the energy conservation requirements adopted by the commissioner and approved by the council shall apply to new single-family or two-family residential construction commenced on or after July 1, 2008, and shall supersede and replace any minimum requirements for energy conservation adopted or enacted by a governmental subdivision prior to that date applicable to such construction. The state building code commissioner may provide training to builders, contractors, and other interested persons on the adopted energy conservation requirements.

         Section History: Recent Form

         85 Acts, ch 147, § 2; 88 Acts, ch 1134, § 23; 2002 Acts, ch 1082,
      §1; 2002 Acts, ch 1162, §34; 2006 Acts, ch 1095, §1; 2008 Acts, ch
      1126, § 7, 33; 2009 Acts, ch 41, §33
         Referred to in § 103A.8, 103A.22
        

103A.8B SUSTAINABLE DESIGN OR GREEN BUILDING STANDARDS. The commissioner, after consulting with and receiving recommendations from the department of natural resources and the office of energy independence, shall adopt rules pursuant to chapter 17A specifying standards and requirements for sustainable design and construction based upon or incorporating nationally recognized ratings, certifications, or classification systems, and procedures relating to documentation of compliance. The standards and requirements shall be incorporated into the state building code established in section 103A.7, but in lieu of general applicability shall apply to construction projects only if such applicability is expressly authorized by statute, or as established by another state agency by rule.

         Section History: Recent Form

         2008 Acts, ch 1126, § 8, 33; 2008 Acts, ch 1173, § 7
         Referred to in § 15.291, 423.3, 423.4
        

103A.8C STANDARDS FOR SAFE ROOMS AND STORM SHELTERS. 1. The commissioner, after consulting with and receiving recommendations from the department of public defense, the department of natural resources, and the rebuild Iowa office, shall adopt rules pursuant to chapter 17A specifying standards and requirements for design and construction of safe rooms and storm shelters. In developing these standards, the commissioner shall consider nationally recognized standards. The standards and requirements shall be incorporated into the state building code established in section 103A.7, but shall not be interpreted to require the inclusion of a safe room or storm shelter in a building construction project unless such inclusion is expressly required by another statute or by a federal statute or regulation. However, if a safe room or storm shelter is included in any building construction project which reaches the design development phase on or after January 1, 2011, compliance with the standards developed pursuant to this section shall be required. 2. The commissioner may provide education and training to promote the use of best practices in the design, construction, and maintenance of buildings, safe rooms, and shelters to reduce the risk of personal injury from tornadoes or other severe weather.

         Section History: Recent Form

         2009 Acts, ch 142, §2 

         Footnotes

         Initial standards rules to be adopted on or after February 1,
      2010, but not later than April 1, 2010, and shall not become
      effective prior to July 1, 2010; best practices review and report;
      2009 Acts, ch 142, §3, 4
        

103A.9 FACTORY-BUILT STRUCTURES. 1. The state building code shall contain provisions relating to the manufacture and installation of factory-built structures. a. Factory-built structures manufactured in Iowa, after the effective date of the code, shall be manufactured in accordance with the code, unless the commissioner determines the structure is manufactured for installation outside the state. b. Factory-built structures manufactured outside the state of Iowa, after the effective date of the code, and brought into Iowa for installation must, prior to installation, comply with the code. c. Factory-built structures manufactured prior to the effective date of the code, which prior to that date have never been installed, must comply with the code prior to installation. d. (1) All factory-built structures, without regard to manufacture date, shall be installed in accordance with the code in the governmental subdivisions which have adopted the state building code or any other building code. However, a governmental subdivision shall not require that a factory-built structure, that was manufactured in accordance with federally mandated standards, be renovated in accordance with the state building code or any other building code which the governmental subdivision has adopted when the factory-built structure is being moved from one lawful location to another unless such required renovation is in conformity with those specifications for the factory-built structure which existed when it was manufactured or the factory-built structure is being rented for occupancy. (2) Existing factory-built structures not constructed to be in compliance with federally mandated standards may be moved from one established manufactured home community or mobile home park to another and shall not be required to be renovated to comply with the state building code or any other building code which the governmental subdivision has adopted unless the factory-built structure is being rented for occupancy or has been declared a public nuisance according to standards generally applied to housing. e. Factory-built structures required to comply with the code provisions on manufacture shall not be modified in any way prior to or during installation, unless prior approval is obtained from the commissioner. 2. The commissioner shall establish an insignia of approval and provide that factory-built structures required to comply with code provisions on manufacture bear an insignia of approval prior to installation. The insignia may be issued for other factory-built structures which meet code standards and which were manufactured prior to the effective date of the state building code. 3. The commissioner may contract with local government agencies for enforcement of the code relating to manufacture of factory-built structures. Code provisions relating to installation of factory-built structures shall be enforced by the local building departments only in those governmental subdivisions which have adopted the state building code or any other building code.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.9] 

         Section History: Recent Form

         93 Acts, ch 154, §1; 2001 Acts, ch 100, §3; 2001 Acts, ch 153,
      §16; 2008 Acts, ch 1032, § 201; 2009 Acts, ch 41, §176
        

103A.10 EFFECT AND APPLICATION. 1. The state building code shall, for the buildings and structures to which it is applicable, constitute a lawful local building code. 2. The state building code shall be applicable: a. To all buildings and structures owned by the state or an agency of the state. b. In each governmental subdivision where the governing body has enacted an ordinance accepting the application of the code. c. To all newly constructed buildings and structures the construction of which is paid for in whole or in part with moneys appropriated by the state but which are not wholly owned by the state. d. In each city with a population of more than fifteen thousand that has not adopted a local building code that is substantially in accord with standards developed by a nationally recognized building code organization. The city shall enforce the state building code, including the provisions in section 103A.19, subsection 2. 3. Provisions of the state building code relating to the manufacture and installation of factory-built structures shall apply throughout the state. A factory-built structure approved by the commissioner shall be deemed to comply with all building regulations applicable to its manufacture and installation and shall be exempt from any other state or local building regulations. Except with respect to manufactured homes, as defined in section 103A.51, subsection 4, a provision of this chapter relating to the manufacture or installation of factory-built structures shall not alter or supersede any provision of chapter 542B concerning the practice of professional engineering or chapter 544A concerning the practice of architecture. 4. Notwithstanding the provisions of section 103A.22, subsection 1: a. Provisions of the state building code establishing thermal efficiency energy conservation standards shall be applicable to all construction in the state which will contain enclosed space that is heated or cooled. The commissioner shall provide appropriate exceptions for construction where the application of an energy conservation requirement adopted pursuant to this chapter would be impractical. b. Provisions of the state building code establishing lighting efficiency standards shall be applicable to all construction in the state and to new and replacement lighting in existing buildings. 5. Notwithstanding any other provision of this chapter to the contrary, the energy conservation requirements adopted by the commissioner and approved by the council shall apply to all new construction commenced on or after July 1, 2008, and shall supersede and replace any minimum requirements for energy conservation adopted or enacted by the governmental subdivision prior to that date and applicable to such construction.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.10] 

         Section History: Recent Form

         89 Acts, ch 39, § 1; 2002 Acts, ch 1082, §2; 2006 Acts, ch 1090,
      §16, 26; 2006 Acts, ch 1185, §71; 2007 Acts, ch 22, §32, 33; 2007
      Acts, ch 97, §1, 3; 2008 Acts, ch 1059, § 1; 2008 Acts, ch 1126, § 9,
      10, 33
         Referred to in § 103A.19, 103A.22, 331.361 

         Footnotes

         Subsection 2, paragraph d, applies to building permits issued on
      or after July 1, 2008; 2007 Acts, ch 97, §3
        

103A.10A PLAN REVIEWS AND INSPECTIONS. 1. All newly constructed buildings or structures subject to the state building code, including any addition, but excluding any renovation or repair of such a building or structure, owned by the state or an agency of the state, except as provided in subsection 2, shall be subject to a plan review and inspection by the commissioner or an independent building inspector appointed by the commissioner. Any renovation or repair of such a building or structure shall be subject to a plan review, except as provided in subsection 2. A fee shall be assessed for the cost of plan review, and, if applicable, the cost of inspection. The commissioner may inspect an existing building that is undergoing renovation or remodeling to enforce the energy conservation requirements established under this chapter. 2. All newly constructed buildings, including any addition, but excluding any renovation or repair of a building, owned by the state board of regents shall be subject to a plan review and inspection by the commissioner or the commissioner's staff or assistant. A renovation of a building owned by the state board of regents shall be subject to a plan review. The commissioner may inspect an existing building that is undergoing renovation or remodeling to enforce the energy conservation requirements established under this chapter. The commissioner and the state board of regents shall develop a plan to implement this provision. 3. All newly constructed buildings and structures the construction of which is paid for in whole or in part with moneys appropriated by the state but which are not wholly owned by the state are subject to the plan review and inspection requirements as provided in this subsection. If a governmental subdivision has adopted a building code, electrical code, mechanical code, and plumbing code and performs inspections pursuant to such codes, such buildings or structures shall be built to comply with such codes. However, if a governmental subdivision has not adopted a building code, electrical code, mechanical code, and plumbing code, or does not perform inspections pursuant to such codes, such buildings or structures shall be built to comply with the state building code and shall be subject to a plan review and inspection by the commissioner or an independent building inspector appointed by the commissioner. A fee shall be assessed for the cost of plan review and the cost of inspection. 4. The commissioner shall administer this section notwithstanding section 103A.19. The commissioner shall establish by rule proper qualifications for an independent building inspector and for the commissioner's staff or assistant who performs inspections, and fees for plan reviews and inspections.

         Section History: Recent Form

         2006 Acts, ch 1185, §72; 2007 Acts, ch 22, §34; 2008 Acts, ch
      1126, § 11, 33; 2009 Acts, ch 24, §1
        

103A.11 RULES. 1. The commissioner shall adopt rules pursuant to chapter 17A which are necessary for the implementation of this chapter. 2. The text of any proposed rule shall be made available for inspection at the office of the commissioner and shall be distributed to the governmental subdivisions which have adopted the state building code, and to any other person who requests a copy. 3. Copies of every rule shall be sent by the commissioner to all governmental subdivisions which have adopted the state building code. 4. The provisions of this section shall not apply to any rule relating solely to the internal operations of the office of the commissioner and council.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.11] 

         Section History: Recent Form

         84 Acts, ch 1067, § 19; 94 Acts, ch 1078, §7
        

103A.12 ADOPTION AND WITHDRAWAL -- PROCEDURE. The state building code is applicable in each governmental subdivision of the state in which the governing body has enacted an ordinance accepting the applicability of the code and has filed a certified copy of the ordinance in the office of the commissioner. The state building code becomes effective in the governmental subdivision upon the date fixed by the governmental subdivision ordinance, which must not be more than six months after the date of adoption of the ordinance. A governmental subdivision in which the state building code is applicable may by ordinance, at any time after one year has elapsed since the code became applicable, withdraw from the application of the code. The local governing body shall hold a public hearing, after giving not less than four but not more than twenty days' public notice, together with written notice to the commissioner of the time, place, and purpose of the hearing, before the ordinance to withdraw is voted upon. A certified copy of the vote of the local governing body shall be transmitted within ten days after the vote is taken to the commissioner. The ordinance becomes effective at a time to be specified in the ordinance, which must be not less than one hundred eighty days after the date of adoption. Upon the effective date of the ordinance, the state building code ceases to apply to the governmental subdivision except that construction of a building or structure pursuant to a permit previously issued is not affected by the withdrawal. A governmental subdivision which has withdrawn from the application of the state building code may, at any time thereafter, restore the application of the code in the same manner as specified in this section.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.12] 

         Section History: Recent Form

         87 Acts, ch 43, §2; 89 Acts, ch 39, §2; 2001 Acts, ch 20, §1
         Resolutions accepting building code, see § 103A.25
        

103A.13 ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION. The provisions of the state building code shall not prevent the use of any material or method of construction not specifically prescribed therein, provided any such alternate has been approved by the building code commissioner. The commissioner may approve any alternate if the commissioner finds that the proper design is satisfactory and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the state building code in quality, strength, effectiveness, fire resistance, durability, and safety. The commissioner shall require that sufficient evidence or proof be submitted to substantiate any claim that may be made regarding alternate use.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.13]
         Referred to in § 103A.14
        

103A.14 ADVISORY COUNCIL. There is hereby established a seven member council to be known as the state building code advisory council. The council shall elect from its membership a chairperson. The members of the council shall be appointed by the governor and shall hold office commencing July 1, 1972, for four years and until their successors are appointed, except that three initial appointees shall be appointed for two-year terms and four initial appointees shall be appointed for four-year terms. The members of the council shall be persons who are qualified by experience or training to provide a broad or specialized expertise on matters pertaining to building construction. At least one of the members shall be a journeyman member of the building trades. Vacancies shall be filled in the same manner as the original appointments. 1. The council shall advise and confer with the commissioner in matters relating to the state building code. 2. The council members shall, at the request of the commissioner, hold public hearings and perform such other functions as the commissioner requests. 3. The council shall approve or disapprove the rules and regulations referred to in section 103A.7 and shall approve or disapprove any alternate materials or methods of construction approved by the commissioner as provided in section 103A.13. A majority vote of the council membership shall be required for these functions. 4. Any member of the council may be removed by the governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon. 5. Each member of the council shall receive per diem compensation at the rate as specified in section 7E.6 for each day spent in the performance of the member's duties, but not to exceed twenty-five hundred dollars per year. All members of the council shall receive necessary expenses incurred in the performance of their duties. 6. Four members of the council shall constitute a quorum. For the purpose of conducting business a majority vote of the council shall be required. 7. Meetings of the council may be called by the commissioner.

         Section History: Early Form


         [C73, 75, 77, 79, 81, § 103A.14] 

         Section History: Recent Form

         90 Acts, ch 1256, §29
         Referred to in § 104B.1
        

103A.15 BOARD OF REVIEW. The commissioner shall establish a state building code board of review. 1. The board shall be composed of three members of the council. 2. Members of the board of review shall serve at the pleasure of the commissioner. 3. No member of the board shall pass upon any question in which the member or any corporation in which the member is a stockholder is interested. 4. The commissioner may appoint alternate board members from the membership of the advisory council.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.15]
        

103A.16 BOARD OF REVIEW -- APPEAL. Any aggrieved person may appeal to the board for: 1. A reversal, modification, or annulment of any ruling, direction, determination, or order of any state agency or local building department affecting or relating to the construction of any building or structure, the construction of which is pursuant or purports to be pursuant to the provisions of the state building code. 2. Review of the disapproval or failure to approve within sixty days after submission of: a. An application for permission to construct pursuant to the code, or b. Plans or specifications for construction pursuant to the code.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.16]
         Referred to in § 103A.19
        

103A.17 BOARD OF REVIEW -- PROCEDURE. The board shall establish procedures pursuant to which an aggrieved person may appeal to the board. 1. The board shall fix a reasonable time and place for a hearing and shall give due notice of a hearing to: a. The applicant. b. The state agency or local building department involved. c. Any other person at the board's discretion. 2. Notice shall be by registered mail and shall: a. Name the applicant. b. State the time and place of the hearing. c. State the general nature of the appeal. 3. The following may appear and be heard at an appeal hearing: a. The applicant, or the applicant's agent. b. The state agency or local building department involved. c. Any other person at the board's discretion. 4. The board, in hearings conducted under this section, shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. 5. Applications shall be decided promptly. In every case the board shall state generally the reason for its decision. 6. The decision of the board shall state the date on which it takes effect, which shall be no earlier than five days subsequent to issuance of such decision, and a copy of the decision, duly certified by the chairperson of the board, shall be filed in the office of the commissioner, and a copy shall be sent to the parties and any state agency or local building department affected. 7. The decision of the board of review may be appealed to the advisory council by any party by filing a petition with the advisory council at any time prior to the effective date of such decision. The advisory council shall consider all questions of fact and law involved and issue its decision pertaining to the same not later than ten days after receipt of the appeal. 8. A record of all decisions of the board and advisory council shall be properly indexed and filed in the office of the commissioner, and shall be public records as defined in chapter 22. 9. The board may subpoena all of the papers and documents constituting the record upon which the application for the use of alternate materials or methods of construction, modification, reversal, annulment, or review is based, and the state, county, or municipal officer in charge thereof shall, upon receipt of the subpoena, transmit the papers and documents to the board. 10. All decisions of the board shall require the concurrence of at least two of its members.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.17]
        

103A.18 COURT PROCEEDINGS. Judicial review of action of the commissioner, board of review, or council may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of said Act: 1. Filing of a petition for judicial review shall stay all proceedings on the matter with respect to which review is sought unless there is a showing by the state agency or a local building department that a stay would involve imminent peril to life or property. 2. No court shall entertain an action based on the state building code unless all administrative remedies have been exhausted, except: a. When the action is instituted by the state or a governmental subdivision; or b. When there is good cause for the failure to exhaust administrative remedies. 3. Subject to subsection 1 of this section, where the construction of a building or structure or use of a building is in violation of any code provision or lawful order of a local building department, the district court may on petition order removal of the building, abatement as a public nuisance, or enjoin further construction. 4. Petitions for judicial review may be filed in the county where the cause of action or some part thereof arose.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.18] 

         Section History: Recent Form

         2003 Acts, ch 44, §114
        

103A.19 ADMINISTRATION AND ENFORCEMENT. 1. The examination and approval or disapproval of plans and specifications, the issuance and revocation of building permits, licenses, certificates, and similar documents, the inspection of buildings or structures, and the administration and enforcement of building regulations shall be the responsibility of the governmental subdivisions of the state and shall be administered and enforced in the manner prescribed by local law or ordinance. All provisions of law relating to the administration and enforcement of local building regulations in any governmental subdivision shall be applicable to the administration and enforcement of the state building code in the governmental subdivision. An application made to a local building department or to a state agency for permission to construct a building or structure pursuant to the provisions of the state building code shall, in addition to any other requirement, be signed by the owner or the owner's authorized agent, and shall contain the address of the owner, and a statement that the application is made for permission to construct in accordance with the provisions of the code. The application shall also specifically include a statement that the construction will be in accordance with all applicable energy conservation requirements. 2. In aid of administration and enforcement of the state building code, and in addition to and not in limitation of powers vested in them by law, each governmental subdivision of the state may, and each city designated in section 103A.10, subsection 2, paragraph "d", shall: a. Examine and approve or disapprove plans and specifications for the construction of any building or structure, the construction of which is pursuant or purports to be pursuant to the provisions of the state building code, and to direct the inspection of buildings or structures during the course of construction. b. Require that the construction of any building or structure shall be in accordance with the applicable provisions of the state building code, subject, however, to the powers granted to the board of review in section 103A.16. c. Order in writing any person to remedy any condition found to exist in, or about any building or structure in violation of the state building code. Orders may be served upon the owner or the owner's authorized agent personally or by certified mail at the address set forth in the application for permission to construct a building or structure. Any local building department may grant in writing such time as may be reasonably necessary for achieving compliance with an order. d. Issue certificates of occupancy or use, permits, licenses, and other documents in connection with the construction of buildings or structures as may be required by ordinance. (1) A certificate of occupancy or use for a building or structure constructed in accordance with the provisions of the state building code shall certify that the building or structure conforms to the requirements of the code. The certificate shall be in the form the governing body of the governmental subdivision prescribes. (2) Every certificate of occupancy or use shall, until set aside or vacated by the board of review, director, or a court of competent jurisdiction, be binding and conclusive upon all state and local agencies, as to all matters set forth and no order, direction, or requirement at variance therewith shall be made or issued by any other state or local agency. e. Make, amend, and repeal rules for the administration and enforcement of the provisions of this section, and for the collection of reasonable fees in connection therewith. f. Prohibit the commencement of construction until a permit has been issued by the local building department after a showing of compliance with the requirements of the applicable provisions of the state building code. 3. The specifications for all buildings to be constructed after July 1, 1977, and which exceed a total volume of one hundred thousand cubic feet of enclosed space that is heated or cooled shall be reviewed by a registered architect or licensed engineer for compliance with applicable energy efficiency standards. A statement that a review has been accomplished and that the design is in compliance with the energy efficiency standards shall be signed and sealed by the responsible registered architect or licensed engineer. This statement shall be filed with the commissioner prior to construction. If the specifications relating to energy efficiency for a specific structure have been approved, additional buildings may be constructed from those same plans and specifications without need of further approval if construction begins within five years of the date of approval. Alterations of a structure which has been previously approved shall not require a review because of these changes, provided the basic structure remains unchanged.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.19] 

         Section History: Recent Form

         2007 Acts, ch 97, §2, 3; 2007 Acts, ch 126, §21; 2008 Acts, ch
      1032, § 201; 2008 Acts, ch 1126, § 12, 33
         Referred to in § 103A.10, 103A.10A, 103A.21
         Architect's seal required; § 544A.28 

         Footnotes

         2007 amendment to subsection 2, unnumbered paragraph 1, applies to
      building permits issued on or after July 1, 2008; 2007 Acts, ch 97,
      §3
        

103A.20 PERMITS -- DUTY TO ISSUE. 1. a. If the plans and specifications accompanying an application for permission to construct a building or structure fail to comply with the provisions of building regulations applicable to the governmental subdivision where the construction is planned, the state or governmental subdivision official charged with the duty shall nevertheless issue a permit, certificate, authorization, or other required document, as the case may be, for the construction, if the plans and specifications comply with the applicable provisions set forth in the state building code, whenever such code is operative in such governmental subdivision. b. However, a permit, certificate, authorization, or other required document for the construction of a building shall not be issued to a contractor who is required and fails to obtain a contractor registration number pursuant to chapter 91C. 2. Any building or structure constructed in conformance with the provisions of the state building code, shall be deemed to comply with all state, county, and municipal building regulations, and the owner, builder, architect, lessee, tenant, or their agents, or other interested person shall be entitled, upon a showing of compliance with the code, to demand and obtain, upon proper payment being made in appropriate cases, any permit, certificate, authorization, or other required document, the issuance of which is authorized pursuant to any state or local buildings or structure regulation, and it shall be the duty of the appropriate state or local officer having jurisdiction over the issuance to issue the permit, certificate, authorization, or other required document, as provided herein, whenever the code is operative in the governmental subdivision.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.20] 

         Section History: Recent Form

         90 Acts, ch 1136, §15; 2008 Acts, ch 1032, § 201
        

103A.21 PENALTY. 1. Any person served with an order pursuant to the provisions of section 103A.19, subsection 2, paragraph "c", who fails to comply with the order within thirty days after service or within the time fixed by the local building department for compliance, whichever is longer, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building or structure who shall knowingly violate any of the applicable provisions of the state building code or any lawful order of a local building department made thereunder, shall be guilty of a simple misdemeanor. 2. Violation of this chapter shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person. 3. As an alternative to filing criminal charges as provided in this section, the commissioner may file a petition in the district court and obtain injunctive relief for any violation of this chapter or chapter 104A.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.21; 81 Acts, ch 49, § 1] 

         Section History: Recent Form

         2007 Acts, ch 126, §22; 2008 Acts, ch 1031, §36
        

103A.22 CONSTRUCTION OF STATUTE. 1. Nothing in this chapter shall be construed as prohibiting any governmental subdivision from adopting or enacting any building regulations relating to any building or structure within its limits, but a governmental subdivision in which the state building code has been accepted and is applicable shall not have the power to supersede, void, or repeal or make more restrictive any of the provisions of this chapter or of the rules adopted by the commissioner. This subsection shall not apply to energy conservation requirements adopted by the commissioner and approved by the council pursuant to section 103A.8A or 103A.10. 2. Nothing in this chapter shall be construed as abrogating or impairing the power of any governmental subdivision or local building department to enforce the provisions of any building regulations, or the applicable provisions of the state building code, or to prevent violations or punish violators except as otherwise expressly provided in this chapter. 3. The powers enumerated in this chapter shall be interpreted liberally to effectuate the purposes thereof and shall not be construed as a limitation of powers.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.22] 

         Section History: Recent Form

         2008 Acts, ch 1126, § 13, 33
         Referred to in § 103A.10
        

103A.23 FEES. For the purpose of obtaining revenue to defray the costs of administering the provisions of this chapter, the commissioner shall establish by rule a schedule of fees based upon the costs of administration which fees shall be collected from persons whose manufacture, installation, or construction is subject to the provisions of the state building code. For the performance of building plan reviews by the department of public safety, the commissioner shall establish by rule a fee, chargeable to the owner of the building, which shall be equal to a percentage of the estimated total valuation of the building and which shall be in an amount reasonably related to the cost of conducting the review. All fees collected by the commissioner shall be deposited in the state treasury to the credit of the general fund of the state. All federal grants to and federal receipts of the office of state building code commissioner are appropriated for the purpose set forth in the federal grants or receipts.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 103A.23] 

         Section History: Recent Form

         2000 Acts, ch 1229, §21
         Referred to in § 103A.54
        

103A.24 Repealed by 89 Acts, ch 254, § 4.

103A.25 PRIOR RESOLUTIONS. A resolution accepting the state building code as provided in section 103A.7, which was adopted before July 1, 1989, is an ordinance for the purpose of this chapter.

         Section History: Recent Form

         89 Acts, ch 39, §3; 2003 Acts, ch 108, §33
        

103A.26 MANUFACTURED OR MOBILE HOME INSTALLERS CERTIFICATION -- VIOLATION -- CIVIL PENALTY. Repealed by 2006 Acts, ch 1090, § 23, 26. See § 103A.59.

103A.27 COMMISSION ON ENERGY EFFICIENCY STANDARDS AND PRACTICES. 1. A commission on energy efficiency standards and practices is established within the department of public safety. The commission shall be composed of the following members: a. The state building code commissioner, or the commissioner's designee. b. The director of the office of energy independence, or the director's designee. c. A professional engineer licensed pursuant to chapter 542B. d. An architect registered pursuant to chapter 544A. e. Two individuals recognized in the construction industry as possessing expertise and experience in the construction or renovation of energy-efficient residential and commercial buildings. f. A member of a local planning and zoning commission or county board of supervisors. g. Three individuals representing gas and electric public utilities within this state, comprised of one individual representing rural electric cooperatives, one individual representing municipal utilities, and one individual representing investor-owned utilities. h. A local building official whose duties include enforcement of requirements for energy conservation in construction. i. Two consumers, one of whom owns and occupies a residential building in this state and one of whom owns and occupies a building used in commercial business or manufacturing. 2. The commissioner shall appoint all members to the commission other than those members designated in subsection 1, paragraphs "a" and "b". Appointment of members is subject to the requirements of sections 69.16 and 69.16A. A vacancy on the commission shall be filled for the unexpired portion of the regular term in the same manner as regular appointments are made. Members appointed by the commissioner shall be reimbursed for actual and necessary expenses incurred in performance of their duties. Such members may also be eligible to receive compensation as provided in section 7E.6. A majority of the members shall constitute a quorum. 3. Duties of the commission shall include but are not limited to the following: a. Evaluate energy efficiency standards applicable to existing or newly constructed residential, commercial, and industrial buildings and vertical infrastructure at the state and local level and make suggestions for their improvement and enforcement. The evaluation of energy efficiency standards shall include but not be limited to a review of the following: (1) The reduction in energy usage likely to result from the adoption and enforcement of the standards. (2) The effect of compliance with the standards on indoor air quality. (3) The relationship of the standards to weatherization programs for existing housing stock and to the availability of affordable housing, including rental units. b. Develop recommendations for new energy efficiency standards, specifications, or guidelines applicable to newly constructed residential, commercial, and industrial buildings and vertical infrastructure. c. Develop recommendations for the establishment of incentives for energy efficiency construction projects which exceed currently applicable state and local building codes. d. Develop recommendations for adoption of a statewide energy efficiency building labeling or rating system for residential, commercial, and industrial buildings and complexes. e. Obtain input from individuals, groups, associations, and agencies in carrying out the duties specified in paragraphs "a" through "d", including but not limited to the Iowa league of cities regarding local building code adoption and enforcement in both large and small communities, the Iowa landlord association, the department of transportation, the department of public health, the division of community action agencies of the department of human rights regarding low-income residential customers, and obtain additional input from any other source that the commission determines appropriate. 4. The commission shall be formed for the two-year period beginning July 1, 2008, and ending June 30, 2010, and shall submit a report to the governor and the general assembly by January 1, 2011, regarding its activities and recommendations. Administrative support shall be furnished by the department of public safety, with the assistance of the office of energy independence.

         Section History: Recent Form

         2008 Acts, ch 1133, § 1, 9; 2009 Acts, ch 108, §7, 41
        

103A.28 AND 103A.29 Reserved.

103A.30 APPROVED TIEDOWN SYSTEM -- PROVIDED AT SALE -- INSTALLATION. Repealed by 2006 Acts, ch 1090, § 23, 26. See § 103A.60.

103A.31 INSTALLER COMPLIANCE AND CERTIFICATION. Repealed by 2006 Acts, ch 1090, § 23, 26. See § 103A.61.

103A.32 COMPLIANCE. Repealed by 2006 Acts, ch 1090, § 23, 26. See § 103A.63.

103A.33 LISTING AND FORM OF CERTIFICATION OF APPROVED SYSTEMS PROVIDED. Repealed by 2006 Acts, ch 1090, § 23, 26. See § 103A.62.

103A.34 THROUGH 103A.40 Reserved.

103A.41 STATE HISTORIC BUILDING CODE. The commissioner, with the approval of the state historical society board established by section 303.4, shall adopt, in accordance with chapter 17A, alternative building standards and building regulations for the rehabilitation, preservation, restoration (including related reconstruction) and relocation of buildings or structures designated by state agencies or governmental subdivisions as qualified historic buildings which are included in, or appear to meet criteria for inclusion in, the national register of historic places. The alternative building standards and building regulations comprise and shall be known as the state historic building code. The purpose of the state historic building code is to facilitate the restoration or change of occupancy of qualified historic buildings or structures so as to preserve their original or restored architectural elements and features and, concurrently, to provide reasonable safety from fire and other hazards for the occupants and users, through a cost-effective approach to preservation.

         Section History: Recent Form

         84 Acts, ch 1113, § 2
         Referred to in § 103A.3, 103A.42
        

103A.42 DESIGNATION OF QUALIFIED HISTORIC BUILDINGS AND STRUCTURES. 1. A state agency or governmental subdivision may designate as appropriate for the application of the state historic building code those buildings, structures and collections of structures subject to its jurisdiction for which the state historic preservation officer, in response to an adequately documented request, has issued an opinion affirming that the property is either included in or appears to meet criteria for inclusion in the national register of historic places. A building, structure or collection of structures so designated is a qualified historic building or structure for purposes of sections 103A.41 through 103A.45. 2. As used in this section, "buildings, structures and collections of structures" includes their associated sites.

        &nbsSection History: Recent Form

         84 Acts, ch 1113, § 3
        

103A.43 APPLICATION OF STATE HISTORIC BUILDING CODE AS ALTERNATIVE. 1. The state historic building code constitutes a lawful alternative building code for application by state agencies and governmental subdivisions as provided in subsections 2 and 3. 2. A state agency may apply the provisions of the state building code or of the state historic building code, or any combination of the two, in providing reasonable safety from fire and other hazards for the occupants and other users while permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, relocation or continued use of qualified historic buildings or structures. 3. A governmental subdivision may apply the provisions of its regular local building standards and building regulations or of the state historic building code, or any combination of the two, in providing reasonable safety from fire and other hazards for the occupants and other users while permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, relocation or continued use of qualified historic buildings or structures. 4. The alternative building standards and building regulations of the state historic building code shall be enforced in the same manner and by the same governmental entities as the regular building standards and building regulations of those governmental entities respectively. 5. When the requirements of the state historic building code are applied to repairs, alterations or additions to qualified historic buildings or structures, the requirements of this chapter and chapter 104A which are in conflict with the state historic building code do not apply to those repairs, alterations or additions.

         Section History: Recent Form

         84 Acts, ch 1113, § 4
         Referred to in § 103A.42
        

103A.44 Repealed by 86 Acts, ch 1245, § 1340.

103A.45 STATE HISTORICAL SOCIETY BOARD -- DUTIES. The state historical society board shall: 1. Recommend to the commissioner alternative building standards and building regulations for inclusion in the state historic building code. 2. Approve or disapprove alternative building standards and building regulations which the commissioner proposes to include in the state historic building code. A majority vote of the membership of the board is required for this function. 3. Advise and confer with the commissioner in matters relating to the state historic building code. 4. Consult with state agencies, including the state fire marshal and the department of cultural affairs, governmental subdivisions, architects, engineers, and others who have knowledge of or interest in the rehabilitation, preservation, restoration, and relocation of historic buildings, with respect to matters relating to the state historic building code. 5. At the request of a state agency, governmental subdivision or other interested party, provide review and advice as to specific applications of the state historic building code. 6. At the request of the commissioner, hold public hearings and perform other functions as the commissioner requests.

         Section History: Recent Form

         84 Acts, ch 1113, § 6; 86 Acts, ch 1245, § 1339
         Referred to in § 103A.42
        

103A.46 THROUGH 103A.50 Reserved.

103A.51 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "Ground anchoring system" means any device or combination of devices used to securely anchor a manufactured or mobile home to the ground. 2. "Ground support system" means any device or combination of devices placed beneath a manufactured or mobile home and used to provide support. 3. "Home" means a manufactured home, mobile home, or modular home. 4. "Manufactured home" means a factory-built structure built under the authority of 42 U.S.C. § 5403, that is required by federal law to display a seal required by the United States department of housing and urban development, and was constructed on or after June 15, 1976. 5. "Manufactured or mobile home distributor" means a person who sells or distributes manufactured or mobile homes to manufactured or mobile home retailers. 6. "Manufactured or mobile home manufacturer" means a person engaged in the business of fabricating or assembling manufactured or mobile homes. 7. "Manufactured or mobile home retailer" means a person who, for a commission or other thing of value, sells, exchanges, or offers or attempts to negotiate a sale or exchange of an interest in a home or who is engaged wholly or in part in the business of selling homes, whether or not the homes are owned by the retailer. "Manufactured or mobile home retailer" does not include any of the following: a. A receiver, trustee, administrator, executor, guardian, attorney, or other person appointed by or acting under the judgment or order of a court to transfer an interest in a home. b. A person transferring a home registered in the person's name and used for personal, family, or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor. c. A person who transfers an interest in a home only as an incident to engaging in the business of financing new or used homes. d. A person who exclusively sells modular homes. 8. "Mobile home" means a structure, transportable in one or more sections, which exceeds eight feet in width and thirty-two feet in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to one or more utilities. A "mobile home" is not built to a mandatory building code, contains no state or federal seals, and was built before June 15, 1976. 9. "Modular home" means a factory-built structure which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa state building code for modular factory-built structures, as adopted pursuant to section 103A.7, and displays a seal issued by the commissioner. 10. "New home" means a home that has not been sold at retail. 11. "Permanent site" means any lot or parcel of land on which a manufactured or mobile home used as a dwelling or place of business is located for ninety consecutive days, except a construction site when the manufactured or mobile home is used by a commercial contractor as a construction office or storage room. 12. "Preowned home" means a home that has been previously sold at retail. 13. "Retailer's inventory" means homes offered for sale at the retailer's licensed address or at any mobile home park or land-leased community so long as the title of the home is in the retailer's name and the home is not being occupied. 14. "Sell at retail" means to sell a home to a person who will devote it to a consumer use. 15. "Tiedown system" means a ground support system and a ground anchoring system used in concert to provide anchoring and support for a manufactured or mobile home.

         Section History: Recent Form

         2006 Acts, ch 1090, §1, 26
         Referred to in § 103A.3, 103A.10, 321.45
        

103A.52 MANUFACTURED OR MOBILE HOME RETAILER LICENSE -- PROCEDURE. 1. License application. A manufactured or mobile home retailer shall file with the commissioner an application for license as a manufactured or mobile home retailer as the commissioner may prescribe. 2. License fee. The license fee for a manufactured or mobile home retailer is an annual fee of one hundred dollars. If the application is denied, the commissioner shall refund the fee. 3. Surety bond. Before the issuance of a manufactured or mobile home retailer's license, an applicant for a license shall file with the commissioner a surety bond executed by the applicant as principal and executed by a corporate surety company, licensed and qualified to do business within this state, which bond shall run to the state, be in the amount of fifty thousand dollars, and be conditioned upon the faithful compliance by the applicant as a retailer with all of the statutes of this state regulating the business of the retailer and indemnifying any person dealing or transacting business with the retailer in connection with a manufactured or mobile home from a loss or damage occasioned by the failure of the retailer to comply with this division, including but not limited to the furnishing of a proper and valid document of title to the manufactured or mobile home involved in the transaction. 4. Manufactured or mobile home hookups. A licensed manufactured or mobile home retailer or an employee of a licensed manufactured or mobile home retailer may perform water, gas, electrical, and other utility service connections in a manufactured or mobile home space, or within ten feet of such space, located in a manufactured home community or mobile home park. The licensed retailer or an employee of the retailer is not required to obtain any additional state or local authorization, permit, or license to perform utility service connections. However, the utility service connections are subject to inspection and approval by the local building department and the manufactured or mobile home retailer shall pay the inspection fee, if any.

         Section History: Recent Form

         2006 Acts, ch 1090, §2, 26
        

103A.53 LICENSE APPLICATION AND FEES. Upon application and payment of a one hundred dollar fee, a person may be licensed as a manufacturer or distributor of manufactured or mobile homes. The application shall be in the form and shall contain information as the commissioner prescribes. The license shall be granted or refused within thirty days after application. The license expires, unless sooner revoked or suspended by the commissioner, on December 31 of the calendar year for which the license was granted. A licensee shall have the month of December of the calendar year for which the license was granted and the following month of January to renew the license. A person who fails to renew a license by the end of this time period and desires to hold a license shall file a new license application and pay the required fee.

         Section History: Recent Form

         2006 Acts, ch 1090, §3, 26
        

103A.54 FEES. Notwithstanding section 103A.23, the department of public safety shall retain all fees collected pursuant to this division and the fees retained are appropriated to the commissioner to administer the licensing program and the certification program for manufactured or mobile home installers, including the employment of personnel for the enforcement and administration of such programs.

         Section History: Recent Form

         2006 Acts, ch 1090, §4, 26
        

103A.55 REVOCATION, SUSPENSION, AND DENIAL OF LICENSE. 1. The commissioner may revoke, suspend, or refuse the license of a manufactured or mobile home retailer, manufactured or mobile home manufacturer, or manufactured or mobile home distributor, as applicable, if the commissioner finds that the manufactured or mobile home retailer, manufacturer, or distributor is guilty of any of the following acts or offenses: a. Fraud in procuring a license. b. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the business of a manufactured or mobile home retailer, manufacturer, or distributor or engaging in unethical conduct or practice harmful or detrimental to the public. c. Conviction of a felony related to the business of a manufactured or mobile home retailer, manufacturer, or distributor. A copy of the record of conviction or plea of guilty shall be sufficient evidence for the purposes of this section. d. Failing, upon the sale or transfer of a manufactured or mobile home, to deliver to the purchaser or transferee of the manufactured or mobile home sold or transferred, a manufacturer's or importer's certificate, or a certificate of title duly assigned, as provided in chapter 321. e. Failing, upon the purchasing or otherwise acquiring of a manufactured or mobile home, to obtain a manufacturer's or importer's certificate, a new certificate of title, or a certificate of title duly assigned as provided in chapter 321. f. Failing to apply for and obtain from a county treasurer a certificate of title for a used manufactured or mobile home, titled in Iowa, acquired by the retailer within thirty days from the date of acquisition, as required under section 321.45, subsection 4. 2. A person whose license is revoked or suspended or whose application for a license is denied may appeal the revocation, suspension, or denial in accordance with chapter 17A, including the opportunity for an evidentiary hearing.

         Section History: Recent Form

         2006 Acts, ch 1090, §5, 26
        

103A.56 RULES. The commissioner shall prescribe rules under chapter 17A for the administration and enforcement of this division. The commissioner shall prescribe forms to be used in connection with the licensing of persons under this division.

         Section History: Recent Form

         2006 Acts, ch 1090, §6, 26
        

103A.57 UNLAWFUL PRACTICE -- CRIMINAL PENALTY. It is unlawful for a person to engage in business as a manufactured or mobile home retailer, manufactured or mobile home manufacturer, or manufactured or mobile home distributor in this state without first acquiring and maintaining a license in accordance with this division. A person convicted of violating this section is guilty of a serious misdemeanor.

         Section History: Recent Form

         2006 Acts, ch 1090, §7, 26
        

103A.58 MANUFACTURED HOME, MOBILE HOME, OR MODULAR HOME RETAIL INSTALLMENT CONTRACT -- FINANCE CHARGE. 1. A retail installment contract or agreement for the sale of a manufactured home, mobile home, or modular home may include a finance charge not in excess of an amount equivalent to one and three-fourths percent per month simple interest on the declining balance of the amount financed. 2. For purposes of this section, "amount financed" means the same as defined in section 537.1301. 3. The limitations contained in this section do not apply in a transaction referred to in section 535.2, subsection 2. With respect to a consumer credit sale, as defined in section 537.1301, the limitations contained in this section supersede conflicting provisions of chapter 537, article 2, part 2.

         Section History: Recent Form

         2006 Acts, ch 1090, §8, 26
         Court action required for termination of installment contracts
      during military service; §29A.102, 29A.105
         Court action or parties agreement required for disposition of
      property under obligation secured by mortgage, trust deed, or other
      security during military service; §29A.103, 29A.104
        

103A.59 MANUFACTURED OR MOBILE HOME INSTALLERS CERTIFICATION -- VIOLATION -- CIVIL PENALTY. 1. A person who installs a manufactured or mobile home for another person shall be certified in accordance with rules adopted by the commissioner pursuant to chapter 17A. The commissioner may assess a fee sufficient to recover the costs of administering the certification of manufactured or mobile home installers. The commissioner may suspend or revoke the certification of a manufactured or mobile home installer for failure to perform installation of a manufactured or mobile home pursuant to certification standards as provided by rules of the commissioner. 2. If a provision of this chapter or a rule adopted pursuant to this chapter relating to the manufacture or installation of a manufactured or mobile home is violated, the commissioner may assess a civil penalty not to exceed one thousand dollars for each offense. Each violation involving a separate manufactured or mobile home, or a separate failure or refusal to allow an act to be performed or to perform an act as required by this chapter or a rule adopted pursuant to this chapter, constitutes a separate offense. However, the maximum amount of civil penalties which may be assessed for any series of violations occurring within one year from the date of the first violation shall not exceed one million dollars.

         Section History: Recent Form

         2006 Acts, ch 1090, §9, 26
        

103A.60 APPROVED TIEDOWN SYSTEM -- PROVIDED AT SALE -- INSTALLATION. A manufactured or mobile home retailer shall provide an approved tiedown system. The purchaser shall install or have installed such system within one hundred fifty days of locating the manufactured or mobile home on a permanent site.

         Section History: Recent Form

         2006 Acts, ch 1090, §10, 26
         Referred to in § 103A.63
        

103A.61 INSTALLER COMPLIANCE AND CERTIFICATION. A person who installs a tiedown system shall comply with the minimum standards for such systems, and shall provide the owner of the manufactured or mobile home on which installation is made and the commissioner with a certification of approved system installation. Such certification shall be in proper form as established by the commissioner.

         Section History: Recent Form

         2006 Acts, ch 1090, §11, 26
         Referred to in § 103A.63
        

103A.62 LISTING AND FORM OF CERTIFICATION OF APPROVED SYSTEMS PROVIDED. The commissioner shall provide, upon request, a list of approved tiedown systems and instructions for the completion of proper certification of approved system installation.

         Section History: Recent Form

         2006 Acts, ch 1090, §12, 26
         Referred to in § 103A.63
        

103A.63 COMPLIANCE. When it appears that a retailer, purchaser, or other person is in noncompliance with the provisions of sections 103A.60 through 103A.62, the commissioner shall prescribe a period of time not to exceed one hundred fifty days within which compliance must be achieved and the commissioner shall so notify the retailer, purchaser, or other person.

         Section History: Recent Form

         2006 Acts, ch 1090, §13, 26

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