House File 490 - Introduced HOUSE FILE 490 BY P. THOMPSON A BILL FOR An Act relating to building design element regulation by 1 governmental subdivisions, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1479YH (1) 90 js/ns
H.F. 490 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 two 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, as adopted under 661 8 IAC ch. 201 and 661 IAC ch. 301. 9 (2) The international residential code, as adopted under 10 661 IAC ch. 301. 11 (3) The international existing building code, as adopted 12 under 661 IAC ch. 301 and 661 IAC ch. 350. 13 (4) The international energy conservation code, as adopted 14 under 661 IAC ch. 303. 15 (5) Any code published by the national fire protection 16 association. 17 (6) The building construction safety code. 18 (7) The uniform plumbing code, as adopted under 641 IAC ch. 19 25. 20 (8) The national electrical code, as adopted under 661 IAC 21 ch. 504. 22 (9) The international property maintenance code. 23 b. Residential building means any single or multifamily 24 residential dwelling and includes single-family and two-family 25 dwellings and townhouses; condominiums and apartments with 26 a maximum of twelve units per building; and all secondary 27 structures to such a single or multifamily residential 28 dwelling. 29 c. (1) Residential building design element means any of 30 the following: 31 (a) The type or style of exterior cladding or finish 32 materials. 33 (b) The style or materials used to construct a roof, 34 provided the style or materials comply with all applicable fire 35 -1- LSB 1479YH (1) 90 js/ns 1/ 4
H.F. 490 and safety codes. 1 (c) Exterior nonstructural architectural ornamentation. 2 (d) The location, design, placement, or architectural 3 styling of windows and doors including garage doors and garage 4 structures, provided the location, design, placement, or 5 architectural styling complies with all applicable fire and 6 safety codes. 7 (e) The number and types of rooms, provided the number or 8 type complies with all applicable fire and safety codes. 9 (f) The interior layout of rooms, provided the interior 10 layout complies with all applicable fire and safety codes. 11 (g) The minimum square footage of a structure. 12 (2) Residential building design element does not include 13 any of the following: 14 (a) The height, bulk, orientation, or location of a 15 structure on a lot. 16 (b) Buffering or screening elements located at the 17 perimeter of the property that are used for any of the 18 following purposes: 19 (i) Minimizing visual impacts. 20 (ii) Mitigating the impacts of light and noise. 21 (iii) Protecting the privacy of neighbors. 22 2. A governmental subdivision shall not adopt or enforce a 23 rule, charter provision, ordinance, order, building code, or 24 other regulation that does any of the following: 25 a. Prohibits or limits, directly or indirectly, the use 26 or installation of a building product or material in the 27 construction, renovation, maintenance, or other alteration 28 of a residential building or structure, including secondary 29 structures or improvements ancillary to such building or 30 structure, if the building product or material is approved 31 for use by a national model code and the building product or 32 material has not been removed from a national model code for 33 failing to meet fire and safety standards. 34 b. Establishes a standard for a building product, material, 35 -2- LSB 1479YH (1) 90 js/ns 2/ 4
H.F. 490 or aesthetic method in construction, renovation, maintenance, 1 or other alteration of a residential building or structure, 2 including secondary structures or improvements ancillary to 3 such building or structure, if the standard is more stringent 4 than a standard for the product, material, or aesthetic method 5 under a national model code. 6 c. Establishes a new, or amends an existing, residential 7 building design element requirement unless any of the following 8 conditions apply: 9 (1) The residential building is any of the following: 10 (a) Located in an area formally designated and declared as a 11 state or local historic district under applicable law. 12 (b) Designated as a local, state, or national historic 13 landmark. 14 (c) 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 (d) 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 (2) The requirement directly and substantially relates to 21 the safety of life or property or the requirement is adopted as 22 a condition for participation in the national flood insurance 23 program. 24 3. This section does not prohibit or diminish the rights 25 of private parties to enact regulations as created by valid 26 private covenants or other contractual agreements among 27 property owners relating to residential building design 28 elements including but not limited to restrictive covenants 29 and declarations such as those created under chapter 499B or 30 otherwise permitted under Iowa law. 31 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 32 importance, takes effect upon enactment. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 1479YH (1) 90 js/ns 3/ 4
H.F. 490 the explanations substance by the members of the general assembly. 1 This bill relates to the regulation of building design 2 elements by governmental subdivisions. The bill defines 3 national model code, residential building, and residential 4 building design element. 5 The bill prohibits a governmental subdivision from adopting 6 or enforcing a rule, charter provision, ordinance, order, 7 building code, or other regulation that governs building design 8 elements in three primary manners. First, a governmental 9 subdivision cannot prohibit or limit the use or installation of 10 a building product or material in the construction, renovation, 11 maintenance, or other alteration of a residential building 12 or structure if the building product or material is approved 13 for use by an applicable, recently published national model 14 code and the building product or material has not been removed 15 from a national model code for failing to meet fire and 16 safety standards. Second, a governmental subdivision cannot 17 establish a standard for a building product, material, or 18 aesthetic method in construction, renovation, maintenance, or 19 other alteration of a residential building or structure if the 20 standard is more stringent than a standard for the product, 21 material, or aesthetic method under a recently published 22 national model code. Third, a governmental subdivision cannot 23 establish a new, or amend an existing, residential building 24 design element requirement unless certain conditions apply to 25 either the building or the requirement. 26 The bill does not prohibit or diminish the rights of private 27 parties to enact regulations as created by valid private 28 covenants or other contractual agreements among property owners 29 relating to residential building design elements including but 30 not limited to restrictive covenants and declarations such as 31 those relating to condominiums or otherwise permitted under 32 Iowa law. 33 The bill takes effect upon enactment. 34 -4- LSB 1479YH (1) 90 js/ns 4/ 4