SB698: Bill Text

The bill repeals the statutes, and the authority of DSPS to promulgate rules, that establish standards for the construction of multifamily dwellings and their components. Those statutes and rules are commonly known as the multifamily dwelling code.

Under current law, a county, city, village, or town (municipality) is prohibited from enforcing any ordinance that does not comply with the multifamily dwelling code, except with respect to a preexisting stricter sprinkler ordinance that meets certain requirements. The bill repeals the multifamily dwelling code, including the exception for preexisting stricter sprinkler ordinances, but retains certain powers of DSPS which are incorporated into the provisions that regulate public buildings and buildings that are places of employment (commercial building code).

Under the bill, a multifamily dwelling is subject to the commercial building code if the multifamily dwelling is a "public building," which current law defines to include a building used by the public or by three or more tenants for lodging or occupancy.

Commercial Building Code

The bill requires DSPS to promulgate rules establishing uniform procedures for municipalities to administer the commercial building code and prohibits municipalities from enacting or enforcing an ordinance that does not strictly conform to the rules. Under the bill, administration includes the process an owner must follow when applying for a permit for constructing, altering, or adding to a public building or a building that is a place of employment.

Building Inspector Review Board

The bill eliminates the Building Inspector Review Board and transfers most of the board's authority over building inspectors to DSPS. Under the bill, DSPS, rather than the board, receives and reviews complaints regarding building inspectors and has the authority to revoke a building inspector's certification. The bill also provides that DSPS's authority is not limited to revocation. Under the bill, DSPS also may reprimand a building inspector or deny, limit, suspend, or revoke a building inspector's certification.

The bill eliminates, rather than transfers to DSPS, the authority of the board to modify or reverse erroneous decisions of a building inspector. The bill also eliminates procedures related to how complaints are received, processed, and kept confidential that are specific to complaints against building inspectors.

Penalties for Violations of Law

The bill increases the monetary penalties for certain violations of laws and rules that regulate various aspects of industry, buildings, and safety, including the following: safe storage and handling of anhydrous ammonia; safety glazing material used in hazardous locations; construction standards and inspection procedures for one-family and two-family dwellings; manufacture and installation of modular homes; installation, repair, and maintenance of electrical wiring; manufacture, distribution, and sale of manufactured homes and mobile homes; and installation and operation of elevators, escalators, and other conveyances. The bill also clarifies that certain violations constitute a separate offense for each day of continued violation and creates a penalty for violations by a contractor of notice requirements related to construction or remodeling of a dwelling.

Safety Glazing Material in Hazardous Locations

The bill repeals existing statutory requirements related to labeling, installing, and selling safety glazing material located or to be located in hazardous locations. Under the bill, DSPS must promulgate rules regulating safety glazing material manufactured, distributed, imported, sold, or installed for use in a hazardous location.

Aging Schools Program

The bill repeals an outdated requirement under the aging schools program that DSPS inspect all public schools constructed prior to January 1, 1950, for compliance with certain safety and building requirements.

List of Variances under the Historic Building Code

The bill eliminates the requirement that DSPS maintain a list of all variances from the historic building code granted to owners of qualified historic buildings. Under current law, DSPS may create an historic building code to provide alternative standards for the preservation or restoration of buildings or structures designated as historic buildings, and DSPS may grant variances to any rules or alternative rules if the owner demonstrates that an alternative proposed by the owner accomplishes the same purpose. Under the bill, DSPS is not required to maintain a list of all variances DSPS grants.

List of Licensed Retail Suppliers of Liquefied Petroleum Gas

The bill eliminates the requirement that DSPS publish an annual list of all retail suppliers licensed by DSPS to distribute liquefied petroleum gas.

Frequency of Review of Municipal Construction Site Erosion Control Programs

The bill reduces the frequency with which DSPS must issue a written determination regarding whether a municipality's construction site erosion control program is in compliance with state standards. Under current law, if a municipality elects to exercise jurisdiction over the construction and inspection of new dwellings, DSPS must periodically review the municipality's ordinances related to construction site erosion control for compliance with state standards. As part of the review, DSPS must perform an audit of the municipality's construction site erosion control program and make a written determination regarding whether the municipality is in compliance. The bill changes the frequency of the DSPS written determination from three years to five years.

Alternative Dispute Resolution for Manufactured Housing Industry Disputes

The bill eliminates the requirement that DSPS establish by rule an alternative dispute resolution program for disputes concerning defects in or installation of manufactured homes. Under current law, the ADR program must provide for the timely, nonjudicial resolution of disputes among manufacturers, salespersons, dealers, and installers of manufactured homes if those disputes are reported to DSPS within one year of the date on which a manufactured home is installed.

Manufactured Home Construction and Safety Reports

The bill requires DSPS to prepare and submit all reports required under federal law related to manufactured home construction and safety. Under current law, manufactured homes must be manufactured, assembled, distributed, and sold in compliance with federal statutes and regulations. Those federal laws require reporting by states related to manufactured home construction and safety, and the bill requires DSPS to prepare and submit all required reports.

Temporary Revocable Permits for Master and Journeyman Plumbers

The bill eliminates the authority of DSPS to issue temporary revocable permits to master and journeyman plumbers pending an examination. The bill also eliminates the authority of DSPS to promulgate rules governing the issuance of those permits.

Septic Tank Installers

The bill eliminates references under current law to "septic tank installers" in requirements related to installation of private on-site wastewater treatment systems.

Definition of Public Swimming Pools

The bill changes the definition of public swimming pool to exclude an inflated mobile structure, a swim pond, or an individual therapeutic pod, tub, or bath. Under current law, DSPS must review and approve any plans for the construction, alteration, or reconstruction of a public swimming pool, and no one may maintain, manage, or operate a public swimming pool unless DSPS has approved the plans and the public swimming pool conforms to those plans.

Reorganization of Plumbing, Fire Protection Systems, and Swimming Pool Plan Review Law

The bill reorganizes the statutes so that the laws related to plumbing, fire protection systems, and swimming pool plan review are located in a separate subchapter within the chapter that covers regulation of industry, buildings, and safety.

Mandatory Meeting Requirements

The bill eliminates mandatory annual and semiannual meeting requirements of the examining boards, affiliated credentialing boards, and other boards and councils under DSPS, except for the Medical Examining Board, which is required to meet 12 times each year. Instead, under the bill, those boards and councils are generally required to meet on the call of the chairperson or a majority of the members of the board or council.

Administrative Warnings

The bill provides that DSPS and the examining boards, affiliated credentialing boards, and other boards under DSPS that have disciplinary authority over professional credential holders may issue an administrative warning regardless of whether the minor violation for which the administrative warning is issued is a first occurrence for the credential holder. Under current law, an administrative warning may be issued only if DSPS or the relevant board finds that the professional credential holder's violation is a first occurrence of a minor violation.

Compounded Interest Charged for Costs of Disciplinary Proceedings

The bill provides that the interest charged for costs of disciplinary proceedings is compounded annually. Under current law, DSPS and the examining boards, affiliated credentialing boards, and other boards under DSPS that have disciplinary authority over professional credential holders may charge the credential holder for all or a part of the costs of a disciplinary proceeding involving that credential holder. Interest upon those costs accrues at the rate of 12 percent annually.

Registration of Licensed Medical Professionals

The bill removes the specific time by which a licensed physician or other credentialed medical professional must register with the Medical Examining Board. Under current law, each licensed physician or other credentialed medical professional must register with the board by November 1 of each odd-numbered year following initial licensure. Under the bill, the board determines the time and manner of registration.

Jurisprudence Examination for Funeral Directors

The bill requires a jurisprudence examination for applicants for licensure as a funeral director that tests an applicant's knowledge of state law relating to funeral directing. The bill does not otherwise affect current examination requirements.

Elimination of Degree Requirement for Sitting for Certain Exams

The bill eliminates certain prerequisite degree requirements to sit for an examination for licensure by the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board. The bill does not alter the education requirements for licensure by that board, but, instead, allows applicants for licensure to take the examination before completion of those education requirements.

Because this bill directly or substantially affects the development, construction, cost or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB698,1 Section 1. 15.07 (3) (b) of the statutes is amended to read:

SB698,8,6 15.07 (3) (b) Except as provided in par. pars. (bm) and (c), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, and the real estate appraisers board shall also meet on the call of the secretary of safety and professional services or his or her designee within the department.

SB698,2 Section 2. 15.07 (3) (bm) 3. of the statutes is repealed.

SB698,3 Section 3. 15.07 (3) (bm) 6. of the statutes is repealed.

SB698,4 Section 4. 15.07 (3) (c) of the statutes is created to read:

SB698,8,15 15.07 (3) (c) Paragraph (b) does not apply to a board in the department of safety and professional services. A board in the department of safety and professional services shall meet on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, and the real estate appraisers board shall also meet on the call of the secretary of safety and professional services or his or her designee within the department.

SB698,5 Section 5. 15.08 (3) (a) of the statutes is amended to read:

SB698,8,18 15.08 (3) (a) Every examining board shall meet annually and may meet at other times on the call of the chairperson or of a majority of its members.

SB698,6 Section 6. 15.08 (3) (c) of the statutes is repealed.

SB698,7 Section 7. 15.085 (3) (a) of the statutes is renumbered 15.085 (3) and amended to read:

SB698,8,24 15.085 (3) Frequency of meetings. Every affiliated credentialing board shall meet annually and may meet at other times on the call of the chairperson or of a majority of its members.

SB698,8 Section 8. 15.085 (3) (b) of the statutes is repealed.

SB698,9 Section 9. 15.085 (5) (b) 1. of the statutes is amended to read:

SB698,9,6 15.085 (5) (b) 1. Submit the proposed rule to the examining board to which the affiliated credentialing board is attached. The proposed rule shall be submitted under this subdivision at least 60 days before the proposed rule is submitted to the legislative council staff under s. 227.15 (1), except that the medical examining board may waive that 60-day waiting period.

SB698,10 Section 10. 15.09 (3) of the statutes is renumbered 15.09 (3) (a) and amended to read:

SB698,9,12 15.09 (3) (a) Unless otherwise provided by law, and except as provided in par. (b), every council shall meet at least annually and shall also meet on the call of the head of the department or independent agency in which it is created, and may meet at other times on the call of the chairperson or a majority of its members. A

SB698,9,16 (c) Unless otherwise provided by law, a council shall meet at such locations as may be determined by it unless the constitutional officer or secretary heading the department or the chief executive officer of the independent agency in which it is created determines a specific meeting place.

SB698,11 Section 11. 15.09 (3) (b) of the statutes is created to read:

SB698,9,22 15.09 (3) (b) Paragraph (a) does not apply to a council in the department of safety and professional services. Unless otherwise provided by law, a council in the department of safety and professional services shall meet on the call of the secretary of safety and professional services or on the call of the chairperson or a majority of its members.

SB698,12 Section 12. 15.405 (1m) of the statutes is repealed.

SB698,13 Section 13. 15.405 (2) (a) of the statutes is amended to read:

SB698,10,6 15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a professional engineer section, a designer section, and a professional land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers and shall meet at least twice annually.

SB698,14 Section 14. 15.405 (2m) (b) of the statutes is amended to read:

SB698,10,13 15.405 (2m) (b) In operation, the examining board shall be divided into a professional geologist section, a professional hydrologist section , and a professional soil scientist section. Each section shall consist of the 3 members of the named profession appointed to the examining board and one public member appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

SB698,15 Section 15. 15.405 (10r) (b) of the statutes is amended to read:

SB698,10,21 15.405 (10r) (b) Of the All appraiser members of the board, one shall be certified under s. 458.06 as a general appraiser, one shall be certified under s. 458.06 as a residential appraiser and one shall be or licensed under s. 458.08 as an appraiser. No public member of the board may be connected with or have any financial interest in an appraisal business or in any other real estate-related business. Section 15.08 (1m) (am) applies to the public members of the board. No member of the board may serve more than 2 consecutive terms.

SB698,16 Section 16. 15.405 (10r) (c) of the statutes is repealed.

SB698,17 Section 17. 15.406 (6) (a) 2. of the statutes is amended to read:

SB698,10,25 15.406 (6) (a) 2. One public member who satisfies the requirements under s. 460.03 (2m) (b).

SB698,18 Section 18. 15.407 (10) (b) of the statutes is amended to read:

SB698,11,7 15.407 (10) (b) An employee of the department of safety and professional services designated by the secretary of safety and professional services shall serve as secretary, but shall not be a member, of the uniform dwelling code council. The council shall meet at least twice a year. Seven members of the uniform dwelling code council shall constitute a quorum. For the purpose of conducting business a majority vote of the uniform dwelling code council is required.

SB698,19 Section 19. 15.407 (13) (b) of the statutes is amended to read:

SB698,11,12 15.407 (13) (b) The council shall meet at least twice a year. An employee of the department of safety and professional services designated by the secretary of the department safety and professional services shall serve as nonvoting secretary of the manufactured housing code council.

SB698,20 Section 20. 15.407 (14) (b) of the statutes is amended to read:

SB698,11,17 15.407 (14) (b) The council shall meet at least twice a year. The employee of the department of safety and professional services designated by the secretary of safety and professional services under par. (a) 10. shall serve as nonvoting secretary of the conveyance safety code council.

SB698,21 Section 21. 15.407 (18) (c) of the statutes is repealed.

SB698,22 Section 22. 20.165 (2) (a) of the statutes is amended to read:

SB698,11,22 20.165 (2) (a) General program operations. The amounts in the schedule for general program operations relating to the regulation of industry, buildings, and safety under chs. 101, and 107, and 145 and ss. 167.10 and 167.27.

SB698,23 Section 23. 20.165 (2) (j) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB698,12,8 20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. ch. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and (2m), and 236.335 and for the purpose of transferring the amounts in the schedule under par. (ke) to the appropriation account under par. (ke). All moneys received under ch. 145 subch. VIII of ch. 101, ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this appropriation account.

SB698,24 Section 24. 20.165 (2) (ke) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read: