LRB-4399/2
GMM:jld:rs
2003 - 2004 LEGISLATURE
March 3, 2004 - Introduced by Senators Brown and Harsdorf, cosponsored by
Representatives J. Wood and Pettis. Referred to Committee on Homeland
Security, Veterans and Military Affairs and Government Reform.
SB523,1,2 1An Act relating to: enforcement on the one-family and 2-family dwelling code
2in certain cities, villages, and towns.
Analysis by the Legislative Reference Bureau
Under current law, with certain limited exceptions, any city, village, town, or
county (municipality) may provide for the enforcement of the one-family and
two-family dwelling code (dwelling code) by enacting an ordinance that meets the
requirements of the dwelling code. With certain exceptions, current law requires any
municipality that does not provide for that enforcement to contract with the
Department of Commerce (department) for necessary building inspection services
under the dwelling code. A city, village, or town with a population of 2,500 or less
may, however, adopt a resolution requesting the county to enforce the dwelling code
within the city, village, or town. Thus, under current law, the department is required
to enforce the dwelling code within a city, village, or town with a population of 2,500
or less, unless the city, village, or town enforces the dwelling code itself or has
requested the county to enforce the dwelling code.
Under prior law, a city, village, or town with a population of 2,500 or less was
also authorized to adopt a resolution exempting itself from enforcement of the
dwelling code. 2003 Wisconsin Act 90, however, eliminated that authority effective
on December 18, 2003. This bill provides that a city, village, or town with a
population of 2,500 or less that has adopted a resolution under prior law before
December 18, 2003, exempting itself from enforcement of the dwelling code remains
so exempt until January 1, 2005.

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:
SB523, s. 1 1Section 1. Nonstatutory provisions.
SB523,2,72 (1) Enforcement of one-family and 2-family dwelling code. Notwithstanding
32003 Wisconsin Act 90, a municipality, as defined in section 101.651 (1) of the
4statutes, that has adopted a resolution under section 101.651 (2m) (b), 2001 stats.,
5before December 18, 2003, exempting itself from the requirement under section
6101.651 (2m) (intro.) of the statutes remains exempt from that requirement until
7January 1, 2005.
SB523,2,88 (End)
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