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
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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.
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(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
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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
explanation’s
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
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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
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