2017 - 2018 LEGISLATURE
August 24, 2017 - Introduced by Senators Lasee,
Nass and Stroebel, cosponsored
by Representatives Jagler, Jarchow, Gannon, Bernier, Horlacher, E.
Brooks and Murphy. Referred to Committee on Insurance, Housing and
1An Act to repeal
15.405 (1m), 15.407 (11), 101.596 (title), 101.596 (1), 101.596 2
(2) and 101.596 (3) (title); to renumber and amend
101.596 (3) and 101.625; 3to amend
101.62 (title) of the statute, 101.63 (2) and 101.64 (3); and to create
101.62 (1) (title), 101.62 (2) (title), 101.62 (3) (title), 101.62 (4) (title), 101.62 (5) 5
(title), 101.62 (5) (a) and 101.62 (5) (b) of the statutes; relating to: eliminating
6the Building Inspector Review Board and the Contractor Certification Council
7and requiring the Uniform Dwelling Code Council to review complaints
8regarding the inspection of one-family or two-family dwelling construction.
Analysis by the Legislative Reference Bureau
This bill eliminates the Building Inspector Review Board and the Contractor
Certification Council and transfers their duties to the Uniform Dwelling Code
Building Inspector Review Board. Under current law, the Department of
Safety and Professional Services promulgates rules for the certification of persons
who inspect construction of the following: 1) public buildings and places of
employment, which are subject to the Commercial Building Code; and 2) one-family
or two-family dwellings, which are subject to the Uniform Dwelling Code. Current
law requires the Building Inspector Review Board to review complaints and revoke
the certification of a person who inspects either type of construction if the board finds
that the person engaged in incompetent, negligent, or unethical conduct. Current
law also requires the Uniform Dwelling Code Council to make recommendations to
DSPS on certain matters relating to the Uniform Dwelling Code.
This bill eliminates the Building Inspector Review Board and requires the
Uniform Dwelling Code Council to review complaints about a person who inspected
the construction of a one-family or two-family dwelling. Under the bill, if the
Uniform Dwelling Code Council determines that such a person engaged in
incompetent, negligent, or unethical conduct, the bill requires the council to
recommend that DSPS revoke the person's certification. Upon receipt of a
recommendation, DSPS must revoke the certification if DSPS finds that the person
engaged in incompetent, negligent, or unethical conduct.
Contractor Certification Council. Under current law, the Contractor
Certification Council makes recommendations for DSPS to promulgate rules for
certifying the financial responsibility of contractors who obtain building permits for
one-family or two-family dwellings. The Contractor Certification Council also
makes recommendations to and advises DSPS on continuing education and
examination requirements for such contractors. The bill eliminates the Contractor
Certification Council and transfers all of its duties to the Uniform Dwelling Code
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:
15.405 (1m) of the statutes is repealed.
15.407 (11) of the statutes is repealed.
101.596 (title) of the statutes is repealed.
101.596 (1) of the statutes is repealed.
101.596 (2) of the statutes is repealed.
101.596 (3) (title) of the statutes is repealed.
101.596 (3) of the statutes is renumbered 101.62 (5) (c), and 101.62 8
(5) (c) 1. (intro.) and a., 2. and 3., as renumbered, are amended to read:
(c) 1. (intro.) If a permittee makes a complaint to the review board 10council
concerning a building inspector, the permittee may do one of the following:
a. Request that the complaint remain anonymous, subject to
par. (b) subd. 2
2. If the permittee chooses to request that the permittee's complaint remain 3
anonymous, the board council
may not review the complaint or modify or revoke the
unless the board council
receives 2 additional anonymous complaints 5
regarding the inspector. If 2 or more additional complaints are made, the review
shall proceed with its review, and none of the complaints may continue 7
to be anonymous.
3. If the permittee allows his the permittee's
complaint to be presented to the 9building
inspector without requesting anonymity, the review board council
proceed with the review.
101.62 (title) of the statutes is amended to read:
(title) Uniform dwelling code council; power.
101.62 (1) (title) of the statutes is created to read:
(title) Construction standards and rules.
101.62 (2) (title) of the statutes is created to read:
101.62 (3) (title) of the statutes is created to read:
(title) Other matters.
101.62 (4) (title) of the statutes is created to read:
101.62 (5) (title) of the statutes is created to read:
(title) Building inspector complaints.
101.62 (5) (a) of the statutes is created to read:
(a) In this subsection:
1. “Building inspector" means a person who is certified under rules 2
promulgated by the department to make inspections under this subchapter.
2. “Council" means the uniform dwelling code council.
3. “Permittee" means a person who is issued a building permit under this 5
101.62 (5) (b) of the statutes is created to read:
(b) The council shall review complaints received from permittees 8
concerning possible incompetent, negligent, or unethical conduct by building 9
inspectors. After reviewing a complaint received under this paragraph, the council 10
shall recommend that the department revoke the certification of a building inspector 11
if the council determines that the building inspector has engaged in incompetent, 12
negligent, or unethical conduct.
101.625 of the statutes is renumbered 101.62 (6), and 101.62 (6) 14
(intro.) and (a), as renumbered, are amended to read:
101.62 (6) Contractor certification council; duties Contractors.
The contractor certification uniform dwelling code
council shall do all of the 17
(a) Recommend for promulgation by the department rules for certifying the 19
financial responsibility of contractors under s. 101.654. These rules shall include 20
rules providing for the assessment of fees upon applicants for certification of 21
financial responsibility under s. 101.654 and for the suspension and revocation of 22
that certification. The amount of the fees recommended under this
may not exceed an amount that is sufficient to defray the costs incurred 24
in certifying the financial responsibility of applicants under s. 101.654.
101.63 (2) of the statutes is amended to read:
Adopt rules for the certification, including provisions for suspension 2
and revocation thereof, of inspectors for the purpose of inspecting building 3
construction, electrical wiring, heating, ventilating, air conditioning and other 4
systems, including plumbing, as defined in s. 145.01 (10), of one- and 2-family 5
dwellings under sub. (1). The rules shall specify that the department may suspend 6
or revoke the certification of an inspector under this subsection for knowingly 7
authorizing the issuance of a building permit to a contractor who is not in compliance 8
with s. 101.654. Upon receipt of a recommendation of the uniform dwelling code
9council under s. 101.62 (5) (b) to revoke the certification of a building inspector, the
10department shall revoke the certification if the department determines the building
11inspector has engaged in incompetent, negligent, or unethical conduct.
certified as inspectors may be employees of the department, a city, village, town, 13
or an independent inspection agency. The department may not adopt any 14
rule which that
prohibits any city, village, town,
or county from licensing persons for 15
performing work on a dwelling in which the licensed person has no legal or equitable 16
101.64 (3) of the statutes is amended to read: