House File 158 - Introduced



                                       HOUSE FILE       
                                       BY  HOGG


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the authority of cities and counties to
  2    require storm shelters in manufactured home communities or
  3    mobile home parks, and providing effective and applicability
  4    dates.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1789YH 81
  7 kk/pj/5

PAG LIN



  1  1    Section 1.  Section 331.301, subsection 15, paragraph a,
  1  2 Code 2005, is amended by striking the paragraph and inserting
  1  3 in lieu thereof the following:
  1  4    a.  (1)  A county may adopt an ordinance requiring the
  1  5 construction of a storm shelter or shelters at a manufactured
  1  6 home community or mobile home park.
  1  7    (2)  Such an ordinance shall require all of the following:
  1  8    (a)  The storm shelter shall be constructed in accordance
  1  9 with design and construction guidelines for community shelters
  1 10 promulgated by the federal emergency management agency.
  1 11    (b)  The storm shelter shall have adequate space for the
  1 12 maximum residential capacity of the manufactured home
  1 13 community or mobile home park.  This capacity shall be based
  1 14 on the number of platted manufactured and mobile home spaces
  1 15 in the manufactured home community or mobile home park
  1 16 multiplied by a number up to twenty=two square feet.
  1 17    (c)  A storm shelter shall be placed at a maximum distance
  1 18 of one thousand two hundred feet from any mobile or
  1 19 manufactured home.
  1 20    (d)  A minimum of one storm shelter per manufactured home
  1 21 community or mobile home park shall be required.
  1 22    (e)  The community or park developer or owner shall provide
  1 23 immediate twenty=four=hour access to the storm shelter.
  1 24    (3)  The shelter may include a restroom if the shelter is
  1 25 used exclusively as a storm shelter.
  1 26    (4)  In lieu of construction of a storm shelter in the
  1 27 manufactured home community or mobile home park, a community
  1 28 or park owner may provide a plan for evacuation of community
  1 29 or park residents if an adequately sized storm shelter located
  1 30 outside of the manufactured home community or mobile home park
  1 31 is within one thousand five hundred feet of the farthest
  1 32 manufactured or mobile home space in the development.  Each
  1 33 evacuation plan prepared pursuant to this subparagraph shall
  1 34 be filed with, and approved by, the local emergency management
  1 35 agency.  The community or park owner shall provide unimpeded
  2  1 and immediate twenty=four=hour access to such a storm shelter.
  2  2    (5)  A storm shelter structure may be exempt from taxation
  2  3 as provided in section 427.1, subsection 30.
  2  4    Sec. 2.  Section 364.3, subsection 8, paragraph a, Code
  2  5 2005, is amended by striking the paragraph and inserting in
  2  6 lieu thereof the following:
  2  7    a.  (1)  A city may adopt an ordinance requiring the
  2  8 construction of a storm shelter or shelters at a manufactured
  2  9 home community or mobile home park.
  2 10    (2)  Such an ordinance shall require all of the following:
  2 11    (a)  The storm shelter shall be constructed in accordance
  2 12 with design and construction guidelines for community shelters
  2 13 promulgated by the federal emergency management agency.
  2 14    (b)  The storm shelter shall have adequate space for the
  2 15 maximum residential capacity of the manufactured home
  2 16 community or mobile home park.  This capacity shall be based
  2 17 on the number of platted manufactured and mobile home spaces
  2 18 in the manufactured home community or mobile home park
  2 19 multiplied by a number up to twenty=two square feet.
  2 20    (c)  A storm shelter shall be placed at a maximum distance
  2 21 of one thousand two hundred feet from any mobile or
  2 22 manufactured home.
  2 23    (d)  A minimum of one storm shelter per manufactured home
  2 24 community or mobile home park shall be required.
  2 25    (e)  The community or park developer or owner shall provide
  2 26 immediate twenty=four=hour access to the storm shelter.
  2 27    (3)  The shelter may include a restroom if the shelter is
  2 28 used exclusively as a storm shelter.
  2 29    (4)  In lieu of construction of a storm shelter in the
  2 30 manufactured home community or mobile home park, a community
  2 31 or park owner may provide a plan for evacuation of community
  2 32 or park residents if an adequately sized storm shelter located
  2 33 outside the manufactured home community or mobile home park is
  2 34 within one thousand five hundred feet of the farthest
  2 35 manufactured or mobile home space in the development.  Each
  3  1 evacuation plan prepared pursuant to this subparagraph shall
  3  2 be filed with, and approved by, the local emergency management
  3  3 agency.  The community or park owner shall provide unimpeded
  3  4 and immediate twenty=four=hour access to such a storm shelter.
  3  5    (5)  A storm shelter structure may be exempt from taxation
  3  6 as provided in section 427.1, subsection 30.
  3  7    Sec. 3.  EFFECTIVE AND APPLICABILITY DATES.  This Act takes
  3  8 effect and applies to ordinances adopted on or after July 1,
  3  9 2006.
  3 10                           EXPLANATION
  3 11    This bill relates to mobile homes and manufactured homes.
  3 12    The bill provides that a county or a city may adopt an
  3 13 ordinance requiring the construction of a storm shelter or
  3 14 storm shelters at a manufactured home community or mobile home
  3 15 park.  If a storm shelter is constructed, the ordinance
  3 16 adopted or enforced shall require the storm shelter to be
  3 17 constructed in accordance with design and construction
  3 18 guidelines for community shelters promulgated by the federal
  3 19 emergency management agency.
  3 20    The bill also provides that a storm shelter shall have
  3 21 adequate space for the maximum residential capacity in the
  3 22 manufactured home community or the mobile home park, that the
  3 23 storm shelter shall be placed at a maximum distance of 1,200
  3 24 feet from any mobile or manufactured home, that there shall be
  3 25 a minimum of one storm shelter per manufactured home community
  3 26 or mobile home park, that the shelter may include a restroom
  3 27 if the shelter is used exclusively as a storm shelter, that a
  3 28 community or park owner shall not provide an evacuation plan
  3 29 in lieu of construction of a storm shelter in the manufactured
  3 30 home community or mobile home park, unless the closest,
  3 31 adequately sized storm shelter located outside the community
  3 32 or park is within 1,500 feet of the furthest manufactured or
  3 33 mobile home space in the development, and that the
  3 34 manufactured home community or mobile home park developer or
  3 35 owner shall provide 24=hour access to the storm shelter.
  4  1 Evacuation plans shall be filed with and approved by the local
  4  2 emergency management agency.  The bill further provides that a
  4  3 storm shelter structure may be exempt from taxation as
  4  4 provided in Code section 427.1, subsection 30.
  4  5    The bill takes effect and applies to ordinances adopted on
  4  6 or after July 1, 2006.
  4  7 LSB 1789YH 81
  4  8 kk:rj/pj/5