CHAPTER 323
TEMPORARY EMERGENCY USE OF FACTORY-BUILT STRUCTURES-COMMERCIAL USE
661—323.1(103A) Temporary factory-built structures for commercial use. A factory-built structure, as defined in Iowa Code section 103A.3, may be installed and used as a temporary location for a business or commercial operation, provided that all of the following apply:
	323.1(1) The installation is in an area currently subject to a disaster emergency proclamation issued by the governor pursuant to Iowa Code section 29C.6.
EXCEPTION: If outside any area covered by a current disaster emergency proclamation, the installation is approved in writing by the building code commissioner provided that all of the other requirements of this rule are met.
	323.1(2) The structure was manufactured to be installed without a permanent foundation.
	323.1(3) The installation fully complies with all applicable installation requirements established by the manufacturer.
EXCEPTION: If specifications provided by the manufacturer provide for the use of both a support system and an anchoring system, a structure may be installed without a permanent support system, provided that an anchoring system is installed in compliance with specifications provided by the manufacturer and the owner or occupant ensures that straps or ties are loosened to prevent the structure from suffering damage from frost heave as needed between November 15 of any year during which it is in use and April 15 of the following year. The straps or ties must be retightened on or after April 15 and no later than May 15 of the following year.
	323.1(4) The owner ensures full compliance with all maintenance requirements established by the manufacturer.
	323.1(5) The structure meets all requirements of other applicable codes for the use of the structure, except that a structure installed in compliance with this rule is not required to display an Iowa seal as otherwise required by 661—subrules 16.610(21), 16.610(22), and 16.610(24).
	323.1(6) The structure is not used as a private residence.
	323.1(7) The structure is vacated within 18 months of installation.
	323.1(8) No portion of the structure is used as an educational occupancy, unless written permission for such use has been issued by the state fire marshal and the state building code commissioner.
	323.1(9) No portion of the structure is used as a health care facility or portion of a health care facility unless written permission for such use has been issued by the state fire marshal and the state building code commissioner.
This rule is intended to implement Iowa Code section 103A.9.
[Filed emergency 7/8/08—published 7/30/08, effective 7/10/08]