Senate Study Bill 3174
SENATE FILE
BY (PROPOSED COMMITTEE ON
LOCAL GOVERNMENT BILL
BY CHAIRPERSON QUIRMBACH)
Passed Senate, Date Passed House, 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 6195SC 82
7 md/rj/8
PAG LIN
1 1 Section 1. Section 331.301, subsection 15, paragraph a,
1 2 Code 2007, 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 community or park.
1 33 Each evacuation plan prepared pursuant to this subparagraph
1 34 shall be filed with, and approved by, the local emergency
1 35 management agency. The community or park owner shall provide
2 1 unimpeded and immediate twenty=four=hour access to such a
2 2 storm shelter.
2 3 (5) A storm shelter structure may be exempt from taxation
2 4 as provided in section 427.1, subsection 30.
2 5 (6) Any ordinance adopted by a county requiring the
2 6 construction of a storm shelter or shelters at a manufactured
2 7 home community or mobile home park shall allow the community
2 8 or park development a minimum of three years to construct a
2 9 storm shelter, or allow a minimum of one year to develop and
2 10 file an alternative plan with the local emergency management
2 11 agency as allowed in subparagraph (4).
2 12 Sec. 2. Section 364.3, subsection 8, paragraph a, Code
2 13 2007, is amended by striking the paragraph and inserting in
2 14 lieu thereof the following:
2 15 a. (1) A city may adopt an ordinance requiring the
2 16 construction of a storm shelter or shelters at a manufactured
2 17 home community or mobile home park.
2 18 (2) Such an ordinance shall require all of the following:
2 19 (a) The storm shelter shall be constructed in accordance
2 20 with design and construction guidelines for community shelters
2 21 promulgated by the federal emergency management agency.
2 22 (b) The storm shelter shall have adequate space for the
2 23 maximum residential capacity of the manufactured home
2 24 community or mobile home park. This capacity shall be based
2 25 on the number of platted manufactured and mobile home spaces
2 26 in the manufactured home community or mobile home park
2 27 multiplied by a number up to twenty=two square feet.
2 28 (c) A storm shelter shall be placed at a maximum distance
2 29 of one thousand two hundred feet from any mobile or
2 30 manufactured home.
2 31 (d) A minimum of one storm shelter per manufactured home
2 32 community or mobile home park shall be required.
2 33 (e) The community or park developer or owner shall provide
2 34 immediate twenty=four=hour access to the storm shelter.
2 35 (3) The shelter may include a restroom if the shelter is
3 1 used exclusively as a storm shelter.
3 2 (4) In lieu of construction of a storm shelter in the
3 3 manufactured home community or mobile home park, a community
3 4 or park owner may provide a plan for evacuation of community
3 5 or park residents if an adequately sized storm shelter located
3 6 outside the manufactured home community or mobile home park is
3 7 within one thousand five hundred feet of the farthest
3 8 manufactured or mobile home space in the community or park.
3 9 Each evacuation plan prepared pursuant to this subparagraph
3 10 shall be filed with, and approved by, the local emergency
3 11 management agency. The community or park owner shall provide
3 12 unimpeded and immediate twenty=four=hour access to such a
3 13 storm shelter.
3 14 (5) A storm shelter structure may be exempt from taxation
3 15 as provided in section 427.1, subsection 30.
3 16 (6) Any ordinance adopted by a city requiring the
3 17 construction of a storm shelter or shelters at a manufactured
3 18 home community or mobile home park shall allow the community
3 19 or park development a minimum of three years to construct a
3 20 storm shelter, or allow a minimum of one year to develop and
3 21 file an alternative plan with the local emergency management
3 22 agency as allowed in subparagraph (4).
3 23 Sec. 3. EFFECTIVE AND APPLICABILITY DATES. This Act takes
3 24 effect and applies to ordinances adopted on or after July 1,
3 25 2008.
3 26 EXPLANATION
3 27 This bill relates to mobile homes and manufactured homes.
3 28 The bill provides that a county or a city may adopt an
3 29 ordinance requiring the construction of a storm shelter or
3 30 storm shelters at a manufactured home community or mobile home
3 31 park. If a storm shelter is constructed, the ordinance
3 32 adopted or enforced shall require the storm shelter to be
3 33 constructed in accordance with design and construction
3 34 guidelines for community shelters promulgated by the federal
3 35 emergency management agency.
4 1 The bill also provides that a storm shelter shall have
4 2 adequate space for the maximum residential capacity in the
4 3 manufactured home community or the mobile home park, that the
4 4 storm shelter shall be placed at a maximum distance of 1,200
4 5 feet from any mobile or manufactured home, that there shall be
4 6 a minimum of one storm shelter per manufactured home community
4 7 or mobile home park, that the shelter may include a restroom
4 8 if the shelter is used exclusively as a storm shelter, that a
4 9 community or park owner shall not provide an evacuation plan
4 10 in lieu of construction of a storm shelter in the manufactured
4 11 home community or mobile home park, unless the closest,
4 12 adequately sized storm shelter located outside the community
4 13 or park is within 1,500 feet of the farthest manufactured or
4 14 mobile home space in the development, and that the
4 15 manufactured home community or mobile home park developer or
4 16 owner shall provide 24=hour access to the storm shelter.
4 17 Evacuation plans shall be filed with and approved by the local
4 18 emergency management agency.
4 19 The bill provides that an ordinance adopted by a city or
4 20 county shall allow a manufactured home community or mobile
4 21 home park a minimum of three years to construct a storm
4 22 shelter or allow one year to develop an alternative plan
4 23 subject to approval by the local emergency management agency.
4 24 The bill further provides that a storm shelter structure
4 25 may be exempt from taxation as provided in Code section 427.1,
4 26 subsection 30.
4 27 The bill takes effect and applies to ordinances adopted on
4 28 or after July 1, 2008.
4 29 LSB 6195SC 82
4 30 md/rj/8