SF 2051 (LSB 5041XS (5) 88)

SENATE FILE 2051

BY  LOFGREN

A BILL FOR

An Act providing that certain multi-story commercial buildings are not required to have commercial elevators in specified circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  89A.20  Multi-story commercial buildings —— commercial elevator exception.
   1.  For purposes of this section:
   a.  “Commercial building” means a building used as a place of business.
   b.  “Commercial elevator” means an elevator accessible to individuals other than those provided in subsection 2, paragraph “d”.
   c.  “First story” means the first story of a commercial building accessible by street level.
   d.  “Upper story” means any story of a commercial building above the first story.
   2.  Notwithstanding any provision of state law to the contrary, a multi-story commercial building shall not be required to include a commercial elevator if all of the following requirements are met:
   a.  The building has no more than three upper stories.
   b.  The commercial area of the building is confined to the first story or any story not accessible by an elevator.
   c.  All upper stories are used primarily for residential purposes, with each story containing only single-family residences.
   d.  The building has sufficient physical barriers or safety protocols in place to ensure an individual other than the following cannot access the elevator:
   (1)  The owner of the building or the owner’s designee.
   (2)  A resident of the building or a guest of a resident.
   (3)  A government official acting in an official capacity.
   e.  The design of the building, including the elevator, has been approved for purposes of this section by an official, board, or committee of the city in which the building is located, or, if the building is located in an unincorporated area, an official, board, or committee of the county in which the building is located. If no official, board, or committee with the necessary authority or expertise is available to make such an approval, the owner of the building may instead seek such approval from the safety board.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that a multi-story commercial building is not required to include a commercial elevator if certain requirements specified in the bill are met, notwithstanding any provision of state law to the contrary.
   The requirements include the building having no more than three upper stories; the commercial area of the building being confined to the first story or any story not accessible by an elevator; all upper stories being used primarily for residential purposes, with each story containing only single-family residences; sufficient physical barriers or safety protocols as specified in the bill being in place; and additional approval requirements for the design of the building, including the elevator, being met.