CR 15-041 Rule Text

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ANALYSIS

Statutes interpreted:

Sections 101.63 (intro.) and (1) (intro.) and (5).

Statutory authority:

Sections 227.11 (2) (a) and 101.63 (intro.) and (1) (intro.).

Explanation of agency authority:

Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.

Sections 101.63 (intro.) and (1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.

Related statute or rule:

Various other statutes and rules promulgated by the Department address construction and inspection of dwellings, public buildings and places of employment.

Plain language analysis:

These rules update and clarify the Uniform Dwelling Code to make it consistent with contemporary construction practices, products, and materials. The rules clear up confusing and ambiguous portions of the code. They clarify language relating to stairs, ramps, and landings, and accessory guards and handrails. These rules also update references to national standards and provide flexibility in meeting exiting requirements. They establish safer standards for dryer exhaust and clarify ceiling height, foundation anchorage, and framing and fastening provisions.

Summary of, and comparison with, existing or proposed federal regulation:

An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the rule revisions herein for one- and two-family dwellings.

Comparison with rules in adjacent states:

Illinois:

An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.

Iowa:

An internet based search revealed that the Iowa Building Code adopts the 2009 International Residential Code and 2009 International Energy Conservation Code. The Iowa Building Code applies statewide to state owned and funded buildings. The accessibility, energy conservation, and minimum plumbing provisions apply to dwellings statewide.

Michigan:

An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission’s General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code (IRC) developed by the International Code Council.

Minnesota:

An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Minnesota Department of Labor and Industry, in Chapter 1309, adopts the 2006 IRC, chapters 2-10 and 43. Chapters 2-10 contain the general construction provisions of the IRC. The state code is being revised effective June 1, 2015 and will adopt the 2015 Minnesota version of the International Residential Code developed by the International Code Council with input from Minnesota.

Summary of factual data and analytical methodologies:

The Department received input during numerous meetings with the Dwelling Code Council. The makeup of this Council is established under section 15.407 (10) of the Statutes and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. Through this Council, the Department was able to gather information on the potential impacts of the rule revisions contained herein.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rule revisions are not expected to significantly impact small business because they would clarify and simplify current requirements rather than impose new restrictions.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis are attached.

Effect on small business:

These proposed rules are not expected to have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dan Smith, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dan Smith, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received on or before June 8, 2015 to be included in the record of rule-making proceedings.

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TEXT OF RULE

SECTION 1.

SPS 320.02 (1) (ce) and (ce) (note), (cm) and (cm) note, and (cs) and (cs) (note) are created to read:

SPS 320.02 (1) (ce) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03 that is used as a foster home or group home, or as a residential care center for children and youth that has a capacity for 8 or fewer children, all as defined in s. 48.02, Stats. Where such a home or center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.

    Note: The definitions in s. 48.02, Stats., limit foster homes to no more than 4 children unless the children are siblings, and limit group homes to no more than 8 children. Where permitted by the Department of Children and Families, a group home or a residential care center for children and youth that has a capacity for 8 or fewer children may be located in a one- or 2-family dwelling as a community living arrangement, as defined in s. 46.03 (22), Stats.

(cm) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a public or private day care center for 8 or fewer children is located. Where such a day care center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.

Note: Chapter DCF 250, as administered by the Department of Children and Families, defines a “family child care center” as being “a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider.” Chapter DCF 250 applies various licensing and other requirements to these centers, including for fire protection and other aspects of the physical plant.

(cs) 1. Any portion of or space within a one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a home occupation is located.

2. In this paragraph, “home occupation” means any business, profession, trade, or employment conducted in a person’s dwelling unit, that may involve the person’s immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:

a. Explosives, fireworks, or repair of motor vehicles.