Iowa Admin. Code r. 481-61.4

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 481-61.4 - Waivers

(1) Procedures in rule 481-58.2 (135C) for requesting a waiver are incorporated by reference as part of this chapter.

(2) Certain resident populations, conditions in the area, or the site may justify waivers. In specific cases, waivers to the rules may be granted by the director after the following conditions are met:

a. The design and planning for the specific property shall offer improved or compensating features which provide equivalent desirability and utility;

b. Alternate or special construction methods, techniques, and mechanical equipment shall offer equivalent durability, utility, safety, structural strength and rigidity, sanitation, odor control, protection from corrosion, decay and insect attack, and quality of workmanship;

c. The health, safety or welfare of any resident shall not be endangered;

d. Variations are limited to the specific project under consideration and shall not be construed as establishing a precedent for similar acceptance in other cases;

e. The occupancy and function of the building shall be considered; and

f. The type of licensure shall be considered.

Iowa Admin. Code r. 481-61.4

ARC 0763C, IAB 5/29/2013, effective 7/3/2013

Amended by IAB June 16, 2021/Volume XLIII, Number 26, effective 7/21/2021