LRB-4537/2
MED/KRP/MDK:ahe&amn
2017 - 2018 LEGISLATURE
January 31, 2018 - Introduced by Representative Ballweg, cosponsored by Senator
Kapenga, by request of Department of Safety and Professional Services.
Referred to Committee on Regulatory Licensing Reform.
AB904,2,2 1An Act to repeal 97.625 (1) (am), 101.149 (2) (a), 101.149 (2) (b), 101.149 (2) (c),
2101.149 (5) (a), 101.149 (6) (b), 457.09 (3) (b) and 457.16 (3); to renumber
3101.149 (6) (a); to amend 97.625 (1g), 101.02 (7e) (a), 101.02 (7e) (b), 101.02
4(7m), 101.02 (7r) (a), 101.02 (7r) (b) (intro.), 101.02 (7r) (b) 2., 101.02 (7r) (c)
5(intro.), 101.02 (7r) (c) 3., 101.02 (7r) (c) 4., 101.02 (7r) (e), 101.149 (1) (am),
6101.149 (5) (intro.), 101.149 (7) and 457.09 (3) (a); to repeal and recreate
7101.149 (5); and to create 101.02 (7r) (g), 101.149 (1) (as), 101.149 (2) (ac),
8101.149 (2) (ag) to (ax), 101.149 (2) (d) (title), 101.149 (2) (e) (title) and 101.149
9(3) (am) of the statutes; relating to: commercial building code administration;
10county authority regarding certain buildings and safety requirements; carbon
11monoxide detection in commercial residential buildings; examination
12requirements for marriage and family therapy, professional counseling, and

1social work credentials; social worker training certificate term; and granting
2rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes changes regarding the following: 1) administration of the
commercial building code; 2) county authority regarding certain buildings and safety
requirements; 3) carbon monoxide detection in commercial residential buildings; 4)
examination requirements for marriage and family therapy, professional counseling,
and social work credentials; and 5) the term of a social worker training certificate.
Commercial building code. The bill requires the Department of Safety and
Professional Services to promulgate rules establishing uniform procedures for a
county, city, village, or town (municipality) to administer the commercial building
code and prohibits a municipality 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.
County authority. The bill subjects counties to the same prohibitions and
requirements under current law that apply to cities, villages, and towns with respect
to the following: 1) placement of Christmas trees in the state capitol or a church; 2)
standards for constructing, altering, or making additions to public buildings or
places of employment; and 3) property maintenance codes.
Carbon monoxide detection. The bill changes requirements under current
law regarding carbon monoxide detectors in “residential buildings," which are public
buildings, other than hospitals and nursing homes, that are used for sleeping or
lodging purposes. Under current law, with certain exceptions, prior to occupation of
a residential building, the owner must install carbon monoxide detectors in the
following locations: basements that have a fuel-burning appliance; within 15 feet of
sleeping areas that have a fuel-burning appliance or that are immediately adjacent
to residential units that have a fuel-burning appliance; rooms that are not used as
a sleeping area and that have a fuel-burning appliance; and hallways that lead from
residential units that have a fuel-burning appliance. However, if a residential unit
is not part of a multiunit building, current law allows the owner to install only one
carbon monoxide detector in the unit. The foregoing requirements do not apply to
a residential building that does not have any fuel-burning appliances. Also, the
requirements do not apply if all of the fuel-burning appliances in a building have
sealed combustion units that are either covered by the manufacturer's warranty or
are inspected as provided in rules promulgated by the Department of Agriculture,
Trade and Consumer Protection or the Department of Safety and Professional
Services.
This bill repeals the location requirements described above and imposes
requirements that are similar to those under the International Building Code
adopted by the International Code Council. Under the bill, if certain conditions are
satisfied, the owner of a residential building must provide carbon monoxide detectors

for units. As defined under current law and not affected by the bill, a “unit" is the
part of a residential building that is occupied as a home, residence, or sleeping place.
The bill requires an owner to provide carbon monoxide detectors for a unit that
contains a fuel-burning appliance, which the bill defines as a device that burns fossil
or carbon-based fuel and produces carbon monoxide. In addition, subject to specified
exceptions, the bill requires an owner to provide carbon monoxide detectors for a unit
that satisfies any of the following conditions: 1) the unit is served by a fuel-burning,
forced-air furnace; 2) the unit is located in a building that contains a fuel-burning
appliance; or 3) the unit is in a building with an attached private garage.
If an owner is required to provide carbon monoxide detectors under the bill, the
owner must install them at locations specified in the bill. In units, the bill requires
an owner to install carbon monoxide detectors outside each separate sleeping area
in the immediate vicinity of the sleeping rooms. In sleeping rooms, the owner must
install carbon monoxide detectors if a fuel-burning appliance is located within the
sleeping room or within a bathroom attached to the sleeping room.
With two exceptions, the requirements described above apply to residential
buildings on the bill's effective date. The first exception applies to a residential
building in which all of the fuel-burning appliances are inspected as provided under
DATCP or DSPS rules. If a residential building is subject to that exception, the bill's
requirements do not apply until approximately 18 months after the bill's effective
date. The second exception maintains the exception under current law for a
residential building in which all of the fuel-burning appliances have sealed
combustion units that are covered under the manufacturer's warranty. Under that
exception, the bill's requirements do not apply to such a residential building.
The bill also makes the following changes:
1. The bill allows DSPS and DATCP to inspect buildings under their
jurisdiction for compliance with carbon monoxide detection requirements. Current
law requires, instead of allows, the inspections.
2. Current law requires building inspectors certified by DSPS to inspect
residential buildings for compliance with carbon monoxide detection requirements.
The bill eliminates the reference to building inspectors and allows, instead of
requires, a person to make an inspection if he or she is certified under DSPS rules
to inspect public buildings, places of employment, or fire detection, prevention, and
suppression devices.
3. If an inspector described above gives written notice to a residential building
owner that a carbon monoxide detector is not functional, then, within five days of
receipt of the notice, the bill requires the owner to provide any maintenance that is
necessary to make the carbon monoxide detector functional.
Examinations. The bill also 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.

Training certificate. The bill provides that the term for which a social worker
training certificate is valid is 24 months. Current law includes an exception that
provides for a shorter term based on a certificate holder's receipt of his or her national
social worker examination results. The bill eliminates that exception.
For further information see the state and local 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:
AB904,1 1Section 1. 97.625 (1) (am) of the statutes is repealed.
AB904,2 2Section 2. 97.625 (1g) of the statutes is amended to read:
AB904,4,53 97.625 (1g) The department shall may inspect hotels, tourist rooming houses,
4and bed and breakfast establishments to ensure compliance with s. 101.149 (2) and
5(3).
AB904,3 6Section 3. 101.02 (7e) (a) of the statutes is amended to read:
AB904,4,107 101.02 (7e) (a) Notwithstanding sub. (7) (a), no county, city, village, or town
8may enact or enforce an ordinance related to fire safety that prohibits the seasonal
9placement of a Christmas tree in the rotunda of the state capitol building or in a
10church.
AB904,4 11Section 4. 101.02 (7e) (b) of the statutes is amended to read:
AB904,4,1512 101.02 (7e) (b) If a county, city, village, or town has in effect on April 1, 2016,
13an ordinance that prohibits the seasonal placement of a Christmas tree in the
14rotunda of the state capitol building or in a church, the ordinance does not apply and
15may not be enforced.
AB904,5 16Section 5. 101.02 (7m) of the statutes is amended to read:
AB904,5,617 101.02 (7m) Notwithstanding sub. (7) (a), no county, city, village, or town may
18make or enforce any ordinance that is applied to any multifamily dwelling, as defined
19in s. 101.971 (2), and that does not conform to subch. VI and this section or is contrary

1to an order of the department under this subchapter. Any provision of a contract
2between a county, city, village, or town and a property owner of a multifamily
3dwelling that requires the property owner to comply with an ordinance that does not
4conform to subch. VI and this section or is contrary to an order of the department
5under this subchapter may be waived by the property owner and if waived is void and
6unenforceable.
AB904,6 7Section 6. 101.02 (7r) (a) of the statutes is amended to read:
AB904,5,128 101.02 (7r) (a) Notwithstanding sub. (7) (a), no county, city, village, or town may
9enact or enforce an ordinance that establishes minimum standards for constructing,
10altering, or adding to public buildings or buildings that are places of employment
11unless that ordinance strictly conforms to the applicable rules under sub. (15) (j),
12except as provided in pars. (b) to (d) and sub. (7m).
AB904,7 13Section 7. 101.02 (7r) (b) (intro.) of the statutes is amended to read:
AB904,5,1814 101.02 (7r) (b) (intro.) Notwithstanding par. (a), a county, city, village, or town,
15village, or city
may enforce an ordinance establishing minimum standards for
16constructing, altering, or adding to public buildings or buildings that are places of
17employment that does not strictly conform to the applicable rules under sub. (15) (j)
18if all of the following apply:
AB904,8 19Section 8. 101.02 (7r) (b) 2. of the statutes is amended to read:
AB904,5,2120 101.02 (7r) (b) 2. The ordinance was published by the county, city, village, or
21town, village, or city in the manner required under s. 59.14, 60.80, 61.50, or 62.11 (4).
AB904,9 22Section 9. 101.02 (7r) (c) (intro.) of the statutes is amended to read:
AB904,5,2423 101.02 (7r) (c) (intro.) A county, city, village, or town, village, or city may amend
24an ordinance that is enforceable under par. (b) if all of the following apply:
AB904,10 25Section 10. 101.02 (7r) (c) 3. of the statutes is amended to read:
AB904,6,3
1101.02 (7r) (c) 3. The county, city, village, or town, village, or city submits a copy
2of the enacted amendment to the department at least 120 days before the effective
3date of the amendment.
AB904,11 4Section 11. 101.02 (7r) (c) 4. of the statutes is amended to read:
AB904,6,75 101.02 (7r) (c) 4. The county, city, village, or town, village, or city publishes the
6enacted amendment in the manner required under s. 59.14, 60.80, 61.50, or 62.11 (4)
7at least 120 days before the effective date of the amendment.
AB904,12 8Section 12. 101.02 (7r) (e) of the statutes is amended to read:
AB904,6,119 101.02 (7r) (e) Notwithstanding par. (a), a county, city, village, or town, village,
10or city
may enact and enforce an ordinance establishing a property maintenance code
11that is stricter than rules promulgated by the department under sub. (15) (j).
AB904,13 12Section 13. 101.02 (7r) (g) of the statutes is created to read:
AB904,6,1713 101.02 (7r) (g) 1. The department shall promulgate rules that establish
14procedures for the administration of the rules promulgated by the department under
15this subchapter. For purposes of this paragraph, “administration” includes the
16process an owner must follow when applying for a permit for constructing, altering,
17or adding to a public building or a building that is a place of employment.
AB904,6,2218 2. Notwithstanding sub. (7) (a), no county, city, village, or town may enact or
19enforce an ordinance that establishes minimum standards for the administration of
20the rules promulgated by the department under this subchapter unless that
21ordinance strictly conforms to the rules promulgated by the department under subd.
221.
AB904,14 23Section 14. 101.149 (1) (am) of the statutes is amended to read:
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