Print
Senate File 2018 - IntroducedA Bill ForAn Act 1relating to building design element regulation by
2governmental subdivisions, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 103A.8D Design element regulation
2by governmental subdivisions.
31. For purposes of this section:
4a. “National model code” includes any of the last three
5publications of the following codes that apply to the
6construction, renovation, maintenance, or other alteration of a
7building or structure:
8(1) The international building code.
9(2) The international residential code.
10(3) The international existing building code.
11(4) The international energy conservation code.
12(5) Any code published by the national fire protection
13association.
14(6) The building construction safety code.
15(7) The national plumbing code.
16(8) The national electrical code.
17b. (1) “Residential building” means any single or
18multifamily residential dwelling and includes single-family and
19two-family dwellings, apartments, townhouses, and condominiums
20primarily used for residential purposes, and also includes all
21secondary structures and improvements ancillary to such single
22or multifamily residential dwelling.
23(2) “Residential building” does not include any commercial
24or industrial building that is primarily used for purposes
25other than a residence.
26c. (1) “Residential building design element” means any of
27the following:
28(a) The type or style of exterior cladding or finish
29materials.
30(b) The style or materials of roof structures, roof pitches,
31or porches.
32(c) Exterior nonstructural architectural ornamentation.
33(d) The location, design, placement, or architectural
34styling of windows and doors including garage doors and garage
35structures.
-1- 1(e) The number and types of rooms.
2(f) The interior layout of rooms.
3(g) The minimum square footage of a structure.
4(2) “Residential building design element” does not include
5any of the following:
6(a) The height, bulk, orientation, or location of a
7structure on a lot.
8(b) Buffering or screening elements located at the
9perimeter of the property that are used for any of the
10following purposes:
11(i) Minimizing visual impacts.
12(ii) Mitigating the impacts of light and noise.
13(iii) Protecting the privacy of neighbors.
142. A governmental subdivision shall not adopt or enforce a
15rule, charter provision, ordinance, order, building code, or
16other regulation that does any of the following:
17a. Prohibits or limits, directly or indirectly, the use
18or installation of a building product or material in the
19construction, renovation, maintenance, or other alteration of
20a residential or commercial building or structure, including
21secondary structures or improvements ancillary to such building
22or structure, if the building product or material is approved
23for use by a national model code.
24b. Establishes a standard for a building product, material,
25or aesthetic method in construction, renovation, maintenance,
26or other alteration of a residential or commercial building
27or structure, including secondary structures or improvements
28ancillary to such building or structure, if the standard is
29more stringent than a standard for the product, material, or
30aesthetic method under a national model code.
31c. Establishes a new, or amends an existing, residential
32building design element requirement unless any of the following
33conditions apply:
34(1) The residential building is any of the following:
35(a) Located in an area formally designated and declared as a
-2-1state or local historic district under applicable law.
2(b) Designated as a local, state, or national historic
3landmark.
4(c) Located on a property that is governed by a regulation
5created by a valid zoning classification, plan, or contract
6mutually negotiated and consented to between property owners
7and a governmental subdivision including but not limited to a
8planned unit development.
9(d) Located on a property that is governed by the
10application of a governmental subdivision’s policy, regulation,
11or ordinance affecting the public safety of residential
12building design elements and such policy, regulation, or
13ordinance was duly and properly adopted by the applicable
14governing body in accordance with applicable law.
15(e) Located on a property that is governed by a policy or
16regulation as set forth within a duly adopted tax increment
17finance district or a business improvement district.
18(f) Located on a property that is governed by a policy or
19regulation of an overlay or a special purpose zoning district
20that is adopted pursuant to applicable law.
21(g) Located in an existing neighborhood designated as a
22blighted area or redevelopment district.
23(2) The requirement directly and substantially relates to
24the safety of life or property or the requirement is adopted as
25a condition for participation in the national flood insurance
26program.
273. This section does not prohibit or diminish the rights
28of private parties to enact regulations as created by valid
29private covenants or other contractual agreements among
30property owners relating to residential building design
31elements including but not limited to restrictive covenants
32and declarations such as those created under chapter 499B or
33otherwise permitted under Iowa law.
34 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
35importance, takes effect upon enactment.
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the regulation of building design
5elements by governmental subdivisions.
6The bill defines “national model code”, “residential
7building”, and “residential building design element”.
8The bill prohibits a governmental subdivision from adopting
9or enforcing a rule, charter provision, ordinance, order,
10building code, or other regulation that governs building
11design elements by a governmental subdivision in three primary
12manners. First, a governmental subdivision cannot prohibit or
13limit, directly or indirectly, the use or installation of a
14building product or material in the construction, renovation,
15maintenance, or other alteration of a residential or commercial
16building or structure if the building product or material is
17approved for use by a recently published national model code
18that applies to the construction, renovation, maintenance,
19or other alteration of the building or structure. Second,
20a governmental subdivision cannot establish a standard
21for a building product, material, or aesthetic method in
22construction, renovation, maintenance, or other alteration of a
23residential or commercial building or structure if the standard
24is more stringent than a standard for the product, material,
25or aesthetic method under a recently published national model
26code. Third, a governmental subdivision cannot establish a
27new, or amend an existing, residential building design element
28requirement unless certain conditions apply to either the
29building or the requirement.
30The bill does not prohibit or diminish the rights of private
31parties to enact regulations as created by valid private
32covenants or other contractual agreements among property owners
33relating to residential building design elements including but
34not limited to restrictive covenants and declarations such as
35those relating to condominiums or otherwise permitted under
-4-1Iowa law.
2The bill takes effect upon enactment.
-5-js/ns
2governmental subdivisions, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 103A.8D Design element regulation
2by governmental subdivisions.
31. For purposes of this section:
4a. “National model code” includes any of the last three
5publications of the following codes that apply to the
6construction, renovation, maintenance, or other alteration of a
7building or structure:
8(1) The international building code.
9(2) The international residential code.
10(3) The international existing building code.
11(4) The international energy conservation code.
12(5) Any code published by the national fire protection
13association.
14(6) The building construction safety code.
15(7) The national plumbing code.
16(8) The national electrical code.
17b. (1) “Residential building” means any single or
18multifamily residential dwelling and includes single-family and
19two-family dwellings, apartments, townhouses, and condominiums
20primarily used for residential purposes, and also includes all
21secondary structures and improvements ancillary to such single
22or multifamily residential dwelling.
23(2) “Residential building” does not include any commercial
24or industrial building that is primarily used for purposes
25other than a residence.
26c. (1) “Residential building design element” means any of
27the following:
28(a) The type or style of exterior cladding or finish
29materials.
30(b) The style or materials of roof structures, roof pitches,
31or porches.
32(c) Exterior nonstructural architectural ornamentation.
33(d) The location, design, placement, or architectural
34styling of windows and doors including garage doors and garage
35structures.
-1- 1(e) The number and types of rooms.
2(f) The interior layout of rooms.
3(g) The minimum square footage of a structure.
4(2) “Residential building design element” does not include
5any of the following:
6(a) The height, bulk, orientation, or location of a
7structure on a lot.
8(b) Buffering or screening elements located at the
9perimeter of the property that are used for any of the
10following purposes:
11(i) Minimizing visual impacts.
12(ii) Mitigating the impacts of light and noise.
13(iii) Protecting the privacy of neighbors.
142. A governmental subdivision shall not adopt or enforce a
15rule, charter provision, ordinance, order, building code, or
16other regulation that does any of the following:
17a. Prohibits or limits, directly or indirectly, the use
18or installation of a building product or material in the
19construction, renovation, maintenance, or other alteration of
20a residential or commercial building or structure, including
21secondary structures or improvements ancillary to such building
22or structure, if the building product or material is approved
23for use by a national model code.
24b. Establishes a standard for a building product, material,
25or aesthetic method in construction, renovation, maintenance,
26or other alteration of a residential or commercial building
27or structure, including secondary structures or improvements
28ancillary to such building or structure, if the standard is
29more stringent than a standard for the product, material, or
30aesthetic method under a national model code.
31c. Establishes a new, or amends an existing, residential
32building design element requirement unless any of the following
33conditions apply:
34(1) The residential building is any of the following:
35(a) Located in an area formally designated and declared as a
-2-1state or local historic district under applicable law.
2(b) Designated as a local, state, or national historic
3landmark.
4(c) Located on a property that is governed by a regulation
5created by a valid zoning classification, plan, or contract
6mutually negotiated and consented to between property owners
7and a governmental subdivision including but not limited to a
8planned unit development.
9(d) Located on a property that is governed by the
10application of a governmental subdivision’s policy, regulation,
11or ordinance affecting the public safety of residential
12building design elements and such policy, regulation, or
13ordinance was duly and properly adopted by the applicable
14governing body in accordance with applicable law.
15(e) Located on a property that is governed by a policy or
16regulation as set forth within a duly adopted tax increment
17finance district or a business improvement district.
18(f) Located on a property that is governed by a policy or
19regulation of an overlay or a special purpose zoning district
20that is adopted pursuant to applicable law.
21(g) Located in an existing neighborhood designated as a
22blighted area or redevelopment district.
23(2) The requirement directly and substantially relates to
24the safety of life or property or the requirement is adopted as
25a condition for participation in the national flood insurance
26program.
273. This section does not prohibit or diminish the rights
28of private parties to enact regulations as created by valid
29private covenants or other contractual agreements among
30property owners relating to residential building design
31elements including but not limited to restrictive covenants
32and declarations such as those created under chapter 499B or
33otherwise permitted under Iowa law.
34 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
35importance, takes effect upon enactment.
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the regulation of building design
5elements by governmental subdivisions.
6The bill defines “national model code”, “residential
7building”, and “residential building design element”.
8The bill prohibits a governmental subdivision from adopting
9or enforcing a rule, charter provision, ordinance, order,
10building code, or other regulation that governs building
11design elements by a governmental subdivision in three primary
12manners. First, a governmental subdivision cannot prohibit or
13limit, directly or indirectly, the use or installation of a
14building product or material in the construction, renovation,
15maintenance, or other alteration of a residential or commercial
16building or structure if the building product or material is
17approved for use by a recently published national model code
18that applies to the construction, renovation, maintenance,
19or other alteration of the building or structure. Second,
20a governmental subdivision cannot establish a standard
21for a building product, material, or aesthetic method in
22construction, renovation, maintenance, or other alteration of a
23residential or commercial building or structure if the standard
24is more stringent than a standard for the product, material,
25or aesthetic method under a recently published national model
26code. Third, a governmental subdivision cannot establish a
27new, or amend an existing, residential building design element
28requirement unless certain conditions apply to either the
29building or the requirement.
30The bill does not prohibit or diminish the rights of private
31parties to enact regulations as created by valid private
32covenants or other contractual agreements among property owners
33relating to residential building design elements including but
34not limited to restrictive covenants and declarations such as
35those relating to condominiums or otherwise permitted under
-4-1Iowa law.
2The bill takes effect upon enactment.
-5-js/ns