Relating to building design element regulation by governmental subdivisions, and including effective date provisions

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to the regulation of building design elements by governmental subdivisions. The bill defines “national model code”, “residential building”, and “residential building design element”. The bill prohibits a governmental subdivision from adopting or enforcing a rule, charter provision, ordinance, order, building code, or other regulation that governs building design elements in three primary manners. First, a governmental subdivision cannot prohibit or limit the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential building or structure if the building product or material is approved for use by an applicable, recently published national model code and the building product or material has not been removed from a national model code for failing to meet fire and safety standards. Second, a governmental subdivision cannot establish a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential building or structure if the standard is more stringent than a standard for the product, material, or aesthetic method under a recently published national model code. Third, a governmental subdivision cannot establish a new, or amend an existing, residential building design element requirement unless certain conditions apply to either the building or the requirement. The bill does not prohibit or diminish the rights of private parties to enact regulations as created by valid private covenants or other contractual agreements among property owners relating to residential building design elements including but not limited to restrictive covenants and declarations such as those relating to condominiums or otherwise permitted under Iowa law. The bill takes effect upon enactment.