Section 321.228

Title XXI PUBLIC SAFETY AND MORALS

Chapter 321

Effective - 28 Aug 2012   

  321.228.  Residential construction regulatory system, preemption of law by local governmental body over fire protection district, when, exceptions. — 1.  As used in this section, the following terms shall mean:

  (1)  "Residential construction", new construction and erection of detached single-family or two-family dwellings or the development of land to be used for detached single-family or two-family dwellings;

  (2)  "Residential construction regulatory system", any bylaw, ordinance, order, rule, or regulation adopted, implemented, or enforced by any city, town, village, or county that pertains to residential construction, to any permitting system, or program relating to residential construction, including but not limited to the use or occupancy by the initial occupant thereof, or to any system or program for the inspection of residential construction.  Residential construction regulatory system also includes the whole or any part of a nationally recognized model^* code, with or without amendments specific to such city, town, village, or county.

  2.  Notwithstanding the provisions of any other law to the contrary, if a city, town, village, or county adopts or has adopted, implements, and enforces a residential construction regulatory system applicable to residential construction within its jurisdiction, any fire protection districts wholly or partly located within such city, town, village, or county shall be without power, authority, or privilege to enforce or implement a residential construction regulatory system purporting to be applicable to any residential construction within such city, town, village, or county.  Any such residential construction regulatory system adopted by a fire protection district or its board shall be treated as advisory only and shall not be enforced by such fire protection district or its board.

  3.  Notwithstanding the provisions of any other law to the contrary, fire protection districts:

  (1)  Shall have final regulatory authority regarding the location and specifications of fire hydrants, fire hydrant flow rates, and fire lanes, all as it relates to residential construction.  Nothing in this subdivision shall be construed to require the political subdivision supplying water to incur any costs to modify its water supply infrastructure; and

  (2)  May inspect the alteration, enlargement, replacement or repair of a detached single-family or two-family dwelling; and

  (3)  Shall not collect a fee for the services described in subdivisions (1) and (2) of this subsection.

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(L. 2012 H.B. 1647 merged with S.B. 769)

*Word "mode" appears in original rolls of S.B. 769, 2012.