Senate File 43 - Introduced SENATE FILE 43 BY WEBSTER 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 1479XS (5) 90 js/ns
S.F. 43 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 1479XS (5) 90 js/ns 1/ 4
S.F. 43 (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 19 of a residential building or structure, including secondary 20 structures or improvements ancillary to such building or 21 structure, if the building product or material is approved for 22 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 building or structure, 26 including secondary structures or improvements ancillary to 27 such building or structure, if the standard is more stringent 28 than a standard for the product, material, or aesthetic method 29 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 1479XS (5) 90 js/ns 2/ 4
S.F. 43 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 policy or 4 regulation as set forth within a duly adopted tax increment 5 finance district or a business improvement district. 6 (d) Located on a property that is governed by a policy or 7 regulation of an overlay or a special purpose zoning district 8 that is adopted pursuant to applicable law. 9 (2) The requirement directly and substantially relates to 10 the safety of life or property or the requirement is adopted as 11 a condition for participation in the national flood insurance 12 program. 13 3. This section does not prohibit or diminish the rights 14 of private parties to enact regulations as created by valid 15 private covenants or other contractual agreements among 16 property owners relating to residential building design 17 elements including but not limited to restrictive covenants 18 and declarations such as those created under chapter 499B or 19 otherwise permitted under Iowa law. 20 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 21 importance, takes effect upon enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill relates to the regulation of building design 26 elements by governmental subdivisions. The bill defines 27 national model code, residential building, and residential 28 building design element. 29 The bill prohibits a governmental subdivision from adopting 30 or enforcing a rule, charter provision, ordinance, order, 31 building code, or other regulation that governs building design 32 elements in three primary manners. First, a governmental 33 subdivision cannot prohibit or limit the use or installation of 34 a building product or material in the construction, renovation, 35 -3- LSB 1479XS (5) 90 js/ns 3/ 4
S.F. 43 maintenance, or other alteration of a residential building 1 or structure if the building product or material is approved 2 for use by an applicable, recently published national model 3 code. Second, a governmental subdivision cannot establish a 4 standard for a building product, material, or aesthetic method 5 in construction, renovation, maintenance, or other alteration 6 of a residential building or structure if the standard is 7 more stringent than a standard for the product, material, or 8 aesthetic method under a recently published national model 9 code. Third, a governmental subdivision cannot establish a 10 new, or amend an existing, residential building design element 11 requirement unless certain conditions apply to either the 12 building or the requirement. 13 The bill does not prohibit or diminish the rights of private 14 parties to enact regulations as created by valid private 15 covenants or other contractual agreements among property owners 16 relating to residential building design elements including but 17 not limited to restrictive covenants and declarations such as 18 those relating to condominiums or otherwise permitted under 19 Iowa law. 20 The bill takes effect upon enactment. 21 -4- LSB 1479XS (5) 90 js/ns 4/ 4