This statement of scope was approved by the Governor on October 28, 2013.
Rule No.
Chapters SPS 320 to 325 (revise).
Relating to
Wall bracing.
Rule Type
Permanent and Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
Some building designers find the current rules for wall bracing too difficult to understand and apply, which results in unnecessary costs and delays. Promulgating changes to the rules through the emergency rule process is needed in order to avoid these costs and delays as soon as possible. In addition, the report that the Uniform Dwelling Code Council is required to complete by July 1, 2014, under section 101.62 (4) of the Statutes may include recommendations to clarify these rules through the emergency rule process.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the rulemaking project is to revise and simplify wall bracing provisions under the Uniform Dwelling Code, chs. SPS 320 to 325.
The objective of the rule is to have a clearly understood rule that enhances compliance with regard to design, construction, and inspection.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
Chapters SPS 320 to 325, the Uniform Dwelling Code, establishes statewide, uniform construction, energy efficiency, and inspection rules for one- and 2-family dwellings. Under the construction standards of ch. SPS 321, dwellings are required to meet structural performance provisions to support the actual dead load, live loads and wind loads acting upon it. The minimum wind load is specified at 20 pounds per square foot acting over the surface area of the dwelling. Code provisions also include various prescriptive specifications and alternative provisions that are recognized to address the wind load requirements.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the Uniform Dwelling Code is under section 101.63 (intro.) and (1) (intro.) of the Statutes, which reads as follows:
“The department shall:
(1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1), except that the rules apply to all of the following:"
In addition, under section 101.63 (5) of the Statutes, the department shall “Review the rules adopted under this subchapter once every 3 years."
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rule is expected to be about 200 hours. This time includes research, drafting rules, consulting and meeting with the UDC Code Council, and processing the rules through public hearings, legislative review and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The rulemaking project may affect any entity that is involved in the construction, remodeling and inspection of one- and 2-family dwellings, including designers, contractors, and inspectors.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the activities to be regulated for one- and 2-family dwellings. However, CFR Title 24, Part 3280 contains construction and safety standards for manufactured homes.
8. Anticipated Economic Impact of Implementing the Rule
It is anticipated that the potential impact of implementing these rules may include reducing dwelling-construction costs.
Contact Person
Sam Rockweiler, Rules Coordinator, sam.rockweiler@ wi.gov, (608) 266-0797.
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