Bill Text: IA HF490 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to building design element regulation by governmental subdivisions, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-28 - Introduced, referred to State Government. H.J. 439. [HF490 Detail]
Download: Iowa-2023-HF490-Introduced.html
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
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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
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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,
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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
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the
explanation’s
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
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