S.F. 2018 Section 1. NEW SECTION . 103A.8D Design element regulation 1 by governmental subdivisions. 2 1. For purposes of this section: 3 a. “National model code” includes any of the last three 4 publications of the following codes that apply to the 5 construction, renovation, maintenance, or other alteration of a 6 building or structure: 7 (1) The international building code. 8 (2) The international residential code. 9 (3) The international existing building code. 10 (4) The international energy conservation code. 11 (5) Any code published by the national fire protection 12 association. 13 (6) The building construction safety code. 14 (7) The national plumbing code. 15 (8) The national electrical code. 16 b. (1) “Residential building” means any single or 17 multifamily residential dwelling and includes single-family and 18 two-family dwellings, apartments, townhouses, and condominiums 19 primarily used for residential purposes, and also includes all 20 secondary structures and improvements ancillary to such single 21 or multifamily residential dwelling. 22 (2) “Residential building” does not include any commercial 23 or industrial building that is primarily used for purposes 24 other than a residence. 25 c. (1) “Residential building design element” means any of 26 the following: 27 (a) The type or style of exterior cladding or finish 28 materials. 29 (b) The style or materials of roof structures, roof pitches, 30 or porches. 31 (c) Exterior nonstructural architectural ornamentation. 32 (d) The location, design, placement, or architectural 33 styling of windows and doors including garage doors and garage 34 structures. 35 -1- LSB 5252XS (3) 89 js/ns 1/ 5

S.F. 2018 (e) The number and types of rooms. 1 (f) The interior layout of rooms. 2 (g) The minimum square footage of a structure. 3 (2) “Residential building design element” does not include 4 any of the following: 5 (a) The height, bulk, orientation, or location of a 6 structure on a lot. 7 (b) Buffering or screening elements located at the 8 perimeter of the property that are used for any of the 9 following purposes: 10 (i) Minimizing visual impacts. 11 (ii) Mitigating the impacts of light and noise. 12 (iii) Protecting the privacy of neighbors. 13 2. A governmental subdivision shall not adopt or enforce a 14 rule, charter provision, ordinance, order, building code, or 15 other regulation that does any of the following: 16 a. Prohibits or limits, directly or indirectly, the use 17 or installation of a building product or material in the 18 construction, renovation, maintenance, or other alteration of 19 a residential or commercial building or structure, including 20 secondary structures or improvements ancillary to such building 21 or structure, if the building product or material is approved 22 for use by a national model code. 23 b. Establishes a standard for a building product, material, 24 or aesthetic method in construction, renovation, maintenance, 25 or other alteration of a residential or commercial building 26 or structure, including secondary structures or improvements 27 ancillary to such building or structure, if the standard is 28 more stringent than a standard for the product, material, or 29 aesthetic method under a national model code. 30 c. Establishes a new, or amends an existing, residential 31 building design element requirement unless any of the following 32 conditions apply: 33 (1) The residential building is any of the following: 34 (a) Located in an area formally designated and declared as a 35 -2- LSB 5252XS (3) 89 js/ns 2/ 5

S.F. 2018 state or local historic district under applicable law. 1 (b) Designated as a local, state, or national historic 2 landmark. 3 (c) Located on a property that is governed by a regulation 4 created by a valid zoning classification, plan, or contract 5 mutually negotiated and consented to between property owners 6 and a governmental subdivision including but not limited to a 7 planned unit development. 8 (d) Located on a property that is governed by the 9 application of a governmental subdivision’s policy, regulation, 10 or ordinance affecting the public safety of residential 11 building design elements and such policy, regulation, or 12 ordinance was duly and properly adopted by the applicable 13 governing body in accordance with applicable law. 14 (e) Located on a property that is governed by a policy or 15 regulation as set forth within a duly adopted tax increment 16 finance district or a business improvement district. 17 (f) Located on a property that is governed by a policy or 18 regulation of an overlay or a special purpose zoning district 19 that is adopted pursuant to applicable law. 20 (g) Located in an existing neighborhood designated as a 21 blighted area or redevelopment district. 22 (2) The requirement directly and substantially relates to 23 the safety of life or property or the requirement is adopted as 24 a condition for participation in the national flood insurance 25 program. 26 3. This section does not prohibit or diminish the rights 27 of private parties to enact regulations as created by valid 28 private covenants or other contractual agreements among 29 property owners relating to residential building design 30 elements including but not limited to restrictive covenants 31 and declarations such as those created under chapter 499B or 32 otherwise permitted under Iowa law. 33 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. 35 -3- LSB 5252XS (3) 89 js/ns 3/ 5

S.F. 2018 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the regulation of building design 4 elements by governmental subdivisions. 5 The bill defines “national model code”, “residential 6 building”, and “residential building design element”. 7 The bill prohibits a governmental subdivision from adopting 8 or enforcing a rule, charter provision, ordinance, order, 9 building code, or other regulation that governs building 10 design elements by a governmental subdivision in three primary 11 manners. First, a governmental subdivision cannot prohibit or 12 limit, directly or indirectly, the use or installation of a 13 building product or material in the construction, renovation, 14 maintenance, or other alteration of a residential or commercial 15 building or structure if the building product or material is 16 approved for use by a recently published national model code 17 that applies to the construction, renovation, maintenance, 18 or other alteration of the building or structure. Second, 19 a governmental subdivision cannot establish a standard 20 for a building product, material, or aesthetic method in 21 construction, renovation, maintenance, or other alteration of a 22 residential or commercial building or structure if the standard 23 is more stringent than a standard for the product, material, 24 or aesthetic method under a recently published national model 25 code. Third, a governmental subdivision cannot establish a 26 new, or amend an existing, residential building design element 27 requirement unless certain conditions apply to either the 28 building or the requirement. 29 The bill does not prohibit or diminish the rights of private 30 parties to enact regulations as created by valid private 31 covenants or other contractual agreements among property owners 32 relating to residential building design elements including but 33 not limited to restrictive covenants and declarations such as 34 those relating to condominiums or otherwise permitted under 35 -4- LSB 5252XS (3) 89 js/ns 4/ 5