Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 66 - Boarding Homes › Rule 481-66.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Activities of daily living"
means the
				  following self-care tasks: bathing, dressing, grooming, eating, transferring,
				  toileting, and ambulation.
"Affiliated person or entity"
means an
				  individual operating as a sole proprietorship who is related within the third
				  degree of consanguinity to the boarding home owner or lessee; or a business
				  entity with common ownership or with 25 percent or more ownership by the
				  boarding home owner or lessee.
"Assistance"
means aid or help.
"Assistance with activities of daily living"
does not mean routine, total dependence on staff for the performance of
				  activities of daily living or nursing care.
"Boarding home"
means a premises used by its
				  owner or lessee for the purpose of letting rooms for rental to three or more
				  persons not related within the third degree of consanguinity to the owner or
				  lessee where supervision or assistance with activities of daily living is
				  provided to such persons. A boarding home does not include a facility, home, or
				  program otherwise subject to licensure or regulation by the department of human
				  services, the department of inspections and appeals, or the department of
				  public health.
"Commencing operations"
means the date on
				  which a premises becomes a boarding home by renting to a third individual who
				  meets the requirements pursuant to the definition of "boarding home."
"Department"
means the department of
				  inspections and appeals.
"Director"
means the director of the
				  department of inspections and appeals.
"Known"
means information that an owner, a
				  lessee, or a manager possesses without seeking additional information from
				  tenants.
"Lessee"
means a person who leases the
				  boarding home from its owner.
"Multidisciplinary team"
means a team
				  consisting of members of various departments as is appropriate for an
				  investigation. The team may include employees of the department of inspections
				  and appeals, the department of human services, the state fire marshal and the
				  division of criminal investigation of the department of public safety, the
				  department of justice, or other local, state, and federal agencies.
"Premises"
means a room and the structure of
				  which it is a part and facilities and appurtenances to it and grounds, areas
				  and facilities held out for the use of tenants generally or whose use is
				  promised to the tenant.
"Preponderance of the evidence"
means that
				  the evidence, considered and compared with the evidence opposed to it, produces
				  the belief in a reasonable mind that the allegations are more likely true than
				  not true. A "preponderance of the evidence" standard does not require that the
				  investigator personally witnessed the alleged violation.
"Probable cause"
means a reasonable
				  suspicion to believe that a boarding home is in violation of Iowa Code chapter
				  1350 or licensing or other regulatory requirements of the department of human
				  services, department of inspections and appeals, or department of public
				  health; or that dependent adult abuse of any individual living in the boarding
				  home has occurred or is occurring.
"Responsible party"
means the individual
				  designated on the registration of a boarding home as the department's primary
				  contact.
"Room"
means an apartment, group of rooms,
				  or single room that is occupied as a separate living quarter or, if vacant,
				  that is intended for occupancy as a separate living quarter, in which a tenant
				  can live and sleep separately from any other persons in the building and that
				  has direct access from the outside of the building or through a common
				  hall.
"Supervision"
means oversight necessary to
				  prevent accidents or ensure the health, safety, and welfare of the
				  tenant.
"Third degree of consanguinity"
means the
				  following relatives of the owner or lessee: spouse, children, parents, siblings
				  or half-siblings, grandchildren, grandparents, uncles, aunts, nephews, nieces,
				  great-grandparents, and great-grandchildren.