HF 490 (LSB 1479YH (1) 90)

HOUSE FILE 490

BY  P. THOMPSON

A BILL FOR

An Act relating to building design element regulation by governmental subdivisions, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  103A.8D  Design element regulation by governmental subdivisions.
   1.  For purposes of this section:
   a.  “National model code” includes any of the last two publications of the following codes that apply to the construction, renovation, maintenance, or other alteration of a building or structure:
   (1)  The international building code, as adopted under 661 IAC ch. 201 and 661 IAC ch. 301.
   (2)  The international residential code, as adopted under 661 IAC ch. 301.
   (3)  The international existing building code, as adopted under 661 IAC ch. 301 and 661 IAC ch. 350.
   (4)  The international energy conservation code, as adopted under 661 IAC ch. 303.
   (5)  Any code published by the national fire protection association.
   (6)  The building construction safety code.
   (7)  The uniform plumbing code, as adopted under 641 IAC ch. 25.
   (8)  The national electrical code, as adopted under 661 IAC ch. 504.
   (9)  The international property maintenance code.
   b.  “Residential building” means any single or multifamily residential dwelling and includes single-family and two-family dwellings and townhouses; condominiums and apartments with a maximum of twelve units per building; and all secondary structures to such a single or multifamily residential dwelling.
   c.  (1)  “Residential building design element” means any of the following:
   (a)  The type or style of exterior cladding or finish materials.
   (b)  The style or materials used to construct a roof, provided the style or materials comply with all applicable fire and safety codes.
   (c)  Exterior nonstructural architectural ornamentation.
   (d)  The location, design, placement, or architectural styling of windows and doors including garage doors and garage structures, provided the location, design, placement, or architectural styling complies with all applicable fire and safety codes.
   (e)  The number and types of rooms, provided the number or type complies with all applicable fire and safety codes.
   (f)  The interior layout of rooms, provided the interior layout complies with all applicable fire and safety codes.
   (g)  The minimum square footage of a structure.
   (2)  “Residential building design element” does not include any of the following:
   (a)  The height, bulk, orientation, or location of a structure on a lot.
   (b)  Buffering or screening elements located at the perimeter of the property that are used for any of the following purposes:
   (i)  Minimizing visual impacts.
   (ii)  Mitigating the impacts of light and noise.
   (iii)  Protecting the privacy of neighbors.
   2.  A governmental subdivision shall not adopt or enforce a rule, charter provision, ordinance, order, building code, or other regulation that does any of the following:
   a.  Prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential building or structure, including secondary structures or improvements ancillary to such building or structure, if the building product or material is approved for use by a national model code and the building product or material has not been removed from a national model code for failing to meet fire and safety standards.
   b.  Establishes a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential building or structure, including secondary structures or improvements ancillary to such building or structure, if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code.
   c.  Establishes a new, or amends an existing, residential building design element requirement unless any of the following conditions apply:
   (1)  The residential building is any of the following:
   (a)  Located in an area formally designated and declared as a state or local historic district under applicable law.
   (b)  Designated as a local, state, or national historic landmark.
   (c)  Located on a property that is governed by a policy or regulation as set forth within a duly adopted tax increment finance district or a business improvement district.
   (d)  Located on a property that is governed by a policy or regulation of an overlay or a special purpose zoning district that is adopted pursuant to applicable law.
   (2)  The requirement directly and substantially relates to the safety of life or property or the requirement is adopted as a condition for participation in the national flood insurance program.
   3.  This section does not prohibit or diminish the rights of private parties to enact regulations as created by valid private covenants or other contractual agreements among property owners relating to residential building design elements including but not limited to restrictive covenants and declarations such as those created under chapter 499B or otherwise permitted under Iowa law.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the regulation of building design elements by governmental subdivisions. The bill defines “national model code”, “residential building”, and “residential building design element”.
   The bill prohibits a governmental subdivision from adopting or enforcing a rule, charter provision, ordinance, order, building code, or other regulation that governs building design elements in three primary manners. First, a governmental subdivision cannot prohibit or limit the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential building or structure if the building product or material is approved for use by an applicable, recently published national model code and the building product or material has not been removed from a national model code for failing to meet fire and safety standards. Second, a governmental subdivision cannot establish a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential building or structure if the standard is more stringent than a standard for the product, material, or aesthetic method under a recently published national model code. Third, a governmental subdivision cannot establish a new, or amend an existing, residential building design element requirement unless certain conditions apply to either the building or the requirement.
   The bill does not prohibit or diminish the rights of private parties to enact regulations as created by valid private covenants or other contractual agreements among property owners relating to residential building design elements including but not limited to restrictive covenants and declarations such as those relating to condominiums or otherwise permitted under Iowa law.
   The bill takes effect upon enactment.