The innovative proposal that we covered in the first week of session unanimously passed the House, receiving only minor amendments. The idea behind HB 1042 is to reduce barriers to building “reuse”—putting vacant buildings back into productive use to address the housing crises.

The original bill prohibited a city from imposing exterior design or architectural requirements on new housing units constructed within an existing building, beyond those necessary for health and safety. The substitute bill passed in committee adds an exception for buildings listed on a local, state, or national historic register.

On the House floor, the bill received another change before passage – it now requires the State Building Code Council to amend the state energy code to waive the requirement for an existing building to meet current energy code requirements solely due to the addition of new dwelling units in the building.

By our read, HB 1042 appears to strike the balance in allowing regulation for health and safety. Please let us know if any of the city preemptions present a concern for your city.