House File 2234 - Introduced
HOUSE FILE
BY HUSER and BUKTA
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the application of the state building code,
2 appropriating fees, and providing an applicability date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6136HH 81
5 eg/je/5
PAG LIN
1 1 Section 1. Section 103A.10, subsection 2, Code 2005, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. c. To the construction of a building or a
1 4 structure within the limits of a governmental subdivision that
1 5 has not adopted any local building code substantially in
1 6 accord with a nationally recognized building code and the
1 7 building or structure is any of the following:
1 8 (1) Financed, in whole or in part, by a state agency,
1 9 regardless of source.
1 10 (2) Intended for use as any of the following:
1 11 (a) A hospital licensed under chapter 135B.
1 12 (b) A health care facility licensed under chapter 135C.
1 13 (c) A psychiatric medical institution for children
1 14 licensed under chapter 135H.
1 15 (d) A hotel licensed under chapter 137C.
1 16 (e) An elder group home certified under chapter 231B.
1 17 (f) An assisted living program certified under chapter
1 18 231C.
1 19 (g) An adult day services program certified under chapter
1 20 231D.
1 21 (h) A child foster care facility licensed under chapter
1 22 237.
1 23 (i) A child care center licensed under chapter 237A.
1 24 (j) A children's center licensed or certified under
1 25 chapter 237B.
1 26 (k) A jail.
1 27 (l) A municipal holding facility.
1 28 (m) A county detention facility.
1 29 (n) A community=based correctional facility.
1 30 (o) A gaming facility.
1 31 (p) A school.
1 32 (q) A college or university.
1 33 Sec. 2. Section 103A.23, unnumbered paragraph 2, Code
1 34 2005, is amended to read as follows:
1 35 All Except as provided in section 103A.26, fees collected
2 1 by the commissioner shall be deposited in the state treasury
2 2 to the credit of the general fund of the state and are
2 3 appropriated to the department of public safety for the
2 4 purpose of administering this chapter.
2 5 Sec. 3. Section 103A.26, subsection 1, paragraph b, Code
2 6 2005, is amended to read as follows:
2 7 b. Notwithstanding section 103A.23, all All fees collected
2 8 by the commissioner for the administration of the manufactured
2 9 or mobile home program shall be credited to the general fund
2 10 of the state and are appropriated to the commissioner
2 11 department of public safety for the purpose of administering
2 12 this certification program including the employment of
2 13 personnel for the enforcement and administration of this
2 14 program.
2 15 Sec. 4. APPLICABILITY DATE. This Act applies to building
2 16 permits issued on or after July 1, 2006.
2 17 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 18 3, shall not apply to this Act.
2 19 EXPLANATION
2 20 Under this bill, the state building code applies to
2 21 governmental subdivisions that have not adopted a local
2 22 building code, as specified, when constructing buildings and
2 23 structures financed by the state or intended for specific
2 24 licensed, certified, or regulated uses, such as hospitals,
2 25 child care centers, jails and detention facilities, schools,
2 26 and colleges.
2 27 The bill appropriates fees to the department of public
2 28 safety to administer the state building code chapter
2 29 provisions. Currently, fees collected for the manufactured or
2 30 mobile home program are appropriated pursuant to Code section
2 31 103A.26 for administration of that particular program.
2 32 The bill provides that the Act applies to building permits
2 33 issued on or after July 1, 2006.
2 34 The bill may include a state mandate as defined in Code
2 35 section 25B.3. The bill makes inapplicable Code section
3 1 25B.2, subsection 3, which would relieve a political
3 2 subdivision from complying with a state mandate if funding for
3 3 the cost of the state mandate is not provided or specified.
3 4 Therefore, political subdivisions are required to comply with
3 5 any state mandate included in the bill.
3 6 LSB 6136HH 81
3 7 eg:rj/je/5