LRB-2750/1
MGG:kjf:jf
2005 - 2006 LEGISLATURE
September 28, 2005 - Introduced by Senators Breske, A. Lasee and Grothman,
cosponsored by Representatives Berceau, Ainsworth, Albers, Hahn, Pettis,
Musser, Gunderson
and Hines. Referred to Committee on Housing and
Financial Institutions.
SB353,1,3 1An Act to renumber and amend 101.977; to amend 101.66 (1); and to create
2101.66 (1m) and 101.977 (2) of the statutes; relating to: exemption from
3construction standards for certain load-bearing dimension lumber.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Commerce has authority to establish
construction standards for one- and two-family dwellings and for multifamily
dwellings. Under current law, all building materials used in these dwellings must
conform to applicable construction standards.
Under the bill, load-bearing dimension lumber that has not been tested and
approved for conformance with these construction standards may be authorized for
use if the lumber, once milled, is certified to meet or exceed these standards and if
the lumber has either been milled at the request of the owner of the lumber for use
in his or her dwelling or the lumber is sold directly to the person constructing his or
her own dwelling or to the person's building contractor. The bill requires the person
milling the lumber to provide a written certification that the lumber meets or exceeds
the construction standards. Once the lumber is certified a building inspector may
approve or reject use of the lumber or may impose additional construction
restrictions for its use.

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:
SB353, s. 1 1Section 1. 101.66 (1) of the statutes is amended to read:
SB353,2,42 101.66 (1) Every Except as provided in sub. (1m), every builder, designer, and
3owner shall use building materials, methods, and equipment which are in
4conformance with the one- and 2-family dwelling code.
SB353, s. 2 5Section 2. 101.66 (1m) of the statutes is created to read:
SB353,2,96 101.66 (1m) (a) No person may use in a one- or 2-family dwelling load-bearing
7dimension lumber that has not been tested and approved for conformance as
8required by the department unless the lumber is approved for use under par. (c) and
9one of the following applies:
SB353,2,1210 1. The lumber has been milled at the request of the person owning the lumber
11for use in the construction of the dwelling, and the dwelling will be inhabited by the
12person owning the lumber.
SB353,2,1513 2. The person milling the lumber sells the lumber directly to a person who will
14inhabit the dwelling or to a person acting on his or her behalf and for whom a building
15permit has been issued for the dwelling.
SB353,2,2016 (b) The lumber shall be milled so that it meets or exceeds the requirements of
17the one- and 2-family dwelling code. The person milling the lumber shall provide
18to the person receiving the lumber a a written certification that the lumber meets or
19exceeds these requirements. The department shall design and provide forms for this
20purpose.
SB353,3,5
1(c) Upon receipt of a copy of the certification required under par. (b) an inspector
2who is certified under sub. (2) may either authorize the use of the lumber, reject the
3use of the lumber, or authorize its use subject to more restrictive construction
4requirements, including requirements as to size, spacing, length of spans, and
5design.
SB353, s. 3 6Section 3. 101.977 of the statutes is renumbered 101.977 (1) and amended to
7read:
SB353,3,108 101.977 (1) A Except as provided in sub. (2), a person who constructs a
9multifamily dwelling shall use building materials, methods, and equipment that are
10in conformance with the standards prescribed under s. 101.973 (1).
SB353, s. 4 11Section 4. 101.977 (2) of the statutes is created to read:
SB353,3,1512 101.977 (2) (a) No person may use in a multifamily dwelling load-bearing
13dimension lumber that has not been tested and approved for conformance as
14required by the department unless the lumber is approved for use as provided under
15par. (c) and if one of the following applies:
SB353,3,1816 1. The lumber has been milled at the request of the person owning the lumber
17for use in the construction of the multifamily dwelling, a dwelling unit of which will
18be inhabited by that person.
SB353,3,2219 2. The person milling the lumber sells the lumber directly to a person who will
20inhabit the dwelling unit in the multifamily dwelling, or to a person acting on his or
21her behalf and for whom a building permit has been issued for the multifamily
22dwelling.
SB353,4,223 (b) The lumber shall be milled so that it meets or exceeds the requirements of
24the standards prescribed in s. 101.973. The person milling the lumber shall provide
25to the person receiving the lumber a written certification that the lumber meets or

1exceeds these requirements. The department shall design and provide forms for this
2purpose.
SB353,4,73 (c) Upon receipt of a copy of the certification required under par. (b), an
4inspector who inspects multifamily dwellings for compliance with this subchapter
5may either authorize the use of the lumber, reject the use of the lumber, or authorize
6its use subject to more restrictive construction requirements, including
7requirements as to size, spacing, length of spans, and design.
SB353,4,88 (End)
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