Iowa Administrative Code › Agency 441 - Human Services Department › Title VI - General Public Assistance Provisions › Chapter 58 - Emergency Assistance › Rule 441-58.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Bona fide residence"
or
"bona fide
				  address,"
as set forth in Iowa Code section
				  321.1(6C),
				  means the pre-disaster street or highway address of an individual's dwelling or
				  dwelling unit. The bona fide residence of a person with more than one dwelling
				  is the dwelling for which the person claims a homestead tax credit under Iowa
				  Code chapter 425, if applicable. The bona fide residence of a homeless person
				  is a primary nighttime residence meeting one of the criteria listed in Iowa
				  Code section 48A.2(3).
"Department"
means the Iowa department of
				  human services.
"Dwelling"
or
"dwelling
				  unit"
means the structure in which a household resides. "Dwelling" or
				  "dwelling unit" includes permanent structures, mobile homes, manufactured
				  homes, modular homes, fifth-wheel travel trailers, travel trailers, and motor
				  homes in which a household resides.
"Emergency management coordinator"
means the
				  person appointed by the local emergency management commission pursuant to Iowa
				  Code sections 29C.9 and
				  29C.10 to be responsible for
				  development of the countywide emergency operations plan and for coordination
				  and assistance to government officials when an emergency or disaster
				  occurs.
"Fifth-wheel travel trailer,"
as set forth
				  in Iowa Code section 321.1(36D)
"c,"
means a type of travel trailer which is towed by a pickup
				  by a connecting device known as a fifth wheel. However, this type of travel
				  trailer may have an overall length which shall not exceed 45 feet.
"Home"
means the pre-disaster dwelling or
				  dwelling unit for a household.
"Household"
means all adults and children
				  who lived in the pre-disaster residence who request assistance, as well as any
				  persons, such as infants, spouses, or part-time residents, who were not present
				  at the time of the disaster but who are expected to return during the
				  assistance period.
"Manufactured home"
or
"modular
				  home,"
as set forth in Iowa Code section
				  321.1(36C), is
				  a factory-built structure constructed under authority of
				  42 U.S.C. §
										5403 as amended to August 25, 2022, which is
				  required by federal law to display a seal from the United States Department of
				  Housing and Urban Development, and was constructed on or after June 15,
				  1976.
"Manufactured or mobile home,"
as set forth
				  in Iowa Code section 321.1(36D)
"a,"
means any vehicle without motive power used or so
				  manufactured or constructed as to permit its being used as a conveyance upon
				  the public streets and highways and so designed, constructed, or reconstructed
				  as will permit the vehicle to be used as a place for human habitation by one or
				  more persons.
"Mitigation"
means the effort to reduce the
				  loss of life and property by lessening the impact of disasters to reduce human
				  and financial consequences later.
"Motor home,"
as set forth in Iowa Code
				  section 321.1(36D)
"d,"
means a motor vehicle designed as an integral unit to be
				  used as a conveyance upon the public streets and highways and for use as a
				  temporary or recreational dwelling and having at least four, two of which shall
				  be systems specified in paragraph "1," "4," or "5" of this definition, of the
				  following permanently installed systems which meet American National Standards
				  Institute and National Fire Protection Association standards in effect on the
				  date of manufacture:
1. Cooking
				facilities.
2. Ice box or
				mechanical refrigerator.
3. Potable
				water supply including plumbing and a sink with faucet either self-contained or
				with connections for an external source, or both.
4. Self-contained toilet or a toilet
				connected to a plumbing system with connection for external water disposal, or
				both.
5. Heating or air
				conditioning system or both, separate from the vehicle engine or the vehicle
				engine electrical system.
6. A 110-
				to 115-volt alternating current electrical system separate from the vehicle
				engine electrical system either with its own power supply or with a connection
				for an external source, or both, or a liquefied petroleum system and supply.
"Necessary expense"
means the cost
				  associated with acquiring an item or items, obtaining a service, or paying for
				  any other activity that meets a serious need.
"Owner"
means one or more persons, jointly
				  or severally, in whom is vested all or part of the legal title to property or
				  all or part of the beneficial ownership and a right to present use and
				  enjoyment of the property. "Owner" includes a mortgagee in possession.
"Rent"
means an amount paid to the landlord
				  under the rental agreement.
"Safe, sanitary, and secure"
means free from
				  disaster-related health hazards.
"Serious need"
means the item or service is
				  essential to the household to prevent, mitigate, or overcome a disaster-related
				  hardship, injury, or adverse condition.
"Tenant"
means a person or persons entitled
				  under a rental agreement to occupy a dwelling or dwelling unit to the exclusion
				  of others.
"Travel trailer,"
as set forth in Iowa Code
				  section 321.1(36D)
"b,"
means a vehicle without motive power used, manufactured,
				  or constructed to permit its use as a conveyance upon the public streets and
				  highways and designed to permit its use as a place of human habitation by one
				  or more persons. The vehicle may be up to 8 feet, 6 inches in width and its
				  overall length shall not exceed 45 feet. The vehicle shall be customarily or
				  ordinarily used for vacation or recreational purposes and not used as a place
				  of permanent habitation. If the vehicle is used in this state as a place of
				  human habitation for more than 180 consecutive days in one location, the
				  vehicle shall be classed as a manufactured or mobile home regardless of the
				  size limitations provided in this definition.