LRB-4252/1
MGG:sac:rs
2013 - 2014 LEGISLATURE
February 19, 2014 - Introduced by Representatives Knudson, Brooks, Schraa,
Weatherston, LeMahieu, A. Ott, Kulp, Bies, Loudenbeck, Kahl, Marklein,
Knodl and Hintz, cosponsored by Senators Moulton, Petrowski, Gudex,
Cowles, Leibham, Schultz and Harsdorf. Referred to Committee on Housing
and Real Estate.
AB782,1,9 1An Act to renumber 101.12 (3) (am) 2. and 101.12 (3) (am) 4.; to renumber and
2amend
101.12 (3) (am) 1., 101.12 (3) (am) 3. and 101.12 (3) (am) 5.; to amend
3101.02 (15) (j) and 101.19 (1g) (am); and to create 15.407 (18), 101.02 (7r),
4101.023, 101.12 (3) (bq), 101.12 (3m) (d), 101.12 (3r), 101.12 (4) and 101.14 (4r)
5of the statutes; relating to: ordinances, variances, and rules relating to the
6constructing or altering of, or adding to, public buildings and buildings that are
7places of employment, the creation of a building code council, and inspections
8of public buildings and buildings that are places of employment, and granting
9rule-making authority.
Analysis by the Legislative Reference Bureau
With certain exceptions, current law requires the Department of Safety and
Professional Services (DSPS) to establish reasonable standards or rules for the
construction of public buildings and buildings that are places of employment (public
buildings). Pursuant to this requirement, DSPS has promulgated rules establishing
these construction standards. Also, the rules promulgated by DSPS require that
DSPS review the construction plans for public buildings. In addition to reviewing
new construction projects, the rules require that DSPS review, with limited

exceptions, building projects that involve alterations of, and additions to, existing
public buildings.
This bill prohibits a city, village, or town from enacting or enforcing an
ordinance that establishes minimum standards for the construction or alteration of,
or an addition to, a public building unless that ordinance strictly conforms to the
rules promulgated by DSPS. The bill creates an exception to this prohibition for
ordinances establishing property maintenance codes and for certain ordinances
relating to fire detection, prevention, or suppression (fire safety) for public buildings
that are not multifamily dwellings and that were enacted before May 1, 2013.
Under current law, DSPS must accept the examinations of essential drawings
and specifications (plan examinations) for public buildings that have been performed
by first class cities or by second class cities that meet certain requirements relating
to the competency of the persons performing the plan examinations. A first class city
is one with a population of at least 150,000. A second class city is one with a
population of at least 39,000 but less than 150,000. Also under current law, DSPS
must accept reviews and determinations by first class cities regarding variances for
public buildings if the reviews and determinations are performed in a manner
approved by DSPS. This bill requires that DSPS accept variance reviews and
determinations by second class cities that are certified by DSPS to perform plan
examinations.
The bill authorizes DSPS to grant a variance from a standard contained in a
rule for a specific project for the construction or alteration of, or an addition to, a
public building if DSPS finds that the requested variance will impose an equivalent
standard that meets the intent of the rule.
This bill creates a building code council (council) in DSPS to advise the DSPS
about issues related to the construction, repair, and maintenance of public buildings.
The council consists of ten members, appointed by the governor for three-year terms.
The membership includes local building inspectors, building contractors, architects,
and persons representing the skilled building trades and the fire fighting profession.
The bill specifies that inspections of construction, alteration and addition
projects for public buildings, other than inspections of the installation of fire safety
devices, must be performed by inspectors who are certified under rules promulgated
by DSPS. The bill requires DSPS to promulgate separate rules establishing
requirements for inspections of fire safety devices that are being installed as part of
these projects.
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:
AB782,1 1Section 1. 15.407 (18) of the statutes is created to read:
AB782,3,3
115.407 (18) Building code council. (a) There is created in the department of
2safety and professional services a building code council consisting of the following
3members appointed for 3-year terms:
AB782,3,54 1. Two members representing the skilled building trades, each of whom is
5actively engaged in his or her trade.
AB782,3,86 2. Two members representing local building inspectors, each of whom is
7authorized to do inspections under s. 101.12 (4) and who is employed by a city, village,
8or county.
AB782,3,109 3. Two members representing the fire services, each of whom is actively
10engaged in fire service work and at least one of whom is a fire chief.
AB782,3,1311 4. Two members representing building contractors, each of whom is actively
12engaged in on-site construction of public buildings and buildings that are places of
13employment.
AB782,3,1614 5. Two members representing architects, engineers, and designers, each of
15whom is actively engaged in the design or evaluation of public buildings and
16buildings that are places of employment.
AB782,3,1817 (b) An employee of the department shall serve as nonvoting secretary of the
18council.
AB782,3,1919 (c) The council shall meet at least 2 times annually.
AB782,3,2320 (d) Six members of the council shall constitute a quorum. For the purpose of
21conducting business a majority vote of the council is required, except that at least 8
22members of the council are required to vote affirmatively to recommend changes in
23the statutes or rules.
AB782,2 24Section 2. 101.02 (7r) of the statutes is created to read:
AB782,4,5
1101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact
2or enforce an ordinance that establishes minimum standards for constructing,
3altering, or adding to public buildings or buildings that are places of employment
4unless that ordinance strictly conforms to the applicable rules under sub. (15) (j),
5except as provided in pars. (b) to (d).
AB782,4,96 (b) Notwithstanding par. (a), a town, village, or city may enforce an ordinance
7establishing minimum standards for constructing, altering, or adding to public
8buildings or buildings that are places of employment that does not strictly conform
9to the applicable rules under sub. (15) (j) if all of the following apply:
AB782,4,1010 1. The ordinance was enacted before May 1, 2013.
AB782,4,1211 2. The ordinance was published by the town, village, or city in the manner
12required under s. 60.80, 61.50, or 62.11 (4).
AB782,4,1413 3. The ordinance relates to fire detection, prevention, or suppression
14components of buildings.
AB782,4,1515 4. The building is not a multifamily dwelling, as defined in s. 101.971 (2).
AB782,4,1716 5. The ordinance is submitted to the department within 60 days after the
17effective date of this subdivision .... [LRB inserts date].
AB782,4,1918 6. The department determines that the ordinance requires standards that are
19at least as strict as the rules promulgated by the department.
AB782,4,2120 (c) A town, village, or city may amend an ordinance that is enforceable under
21par. (b) if all of the following apply:
AB782,4,2322 1. The amendment will not broaden the applicability of the ordinance to any
23building components that are not subject to the ordinance under par. (b) 3.
AB782,4,2524 2. The amendment will not change the specific subject matter regulated by the
25ordinance.
AB782,5,2
13. The town, village, or city submits a copy of the enacted amendment to the
2department at least 120 days before the effective date of the amendment.
AB782,5,53 4. The town, village, or city publishes the enacted amendment in the manner
4required under s. 60.80, 61.50, or 62.11 (4) at least 120 days before the effective date
5of the amendment.
AB782,5,96 (d) 1. The department shall maintain a list of the ordinances that are
7enforceable under par. (b) and of the amendments that are enforceable under par. (c).
8The list shall be accessible to the public in electronic format, and shall include
9electronically photographed or scanned copies of the ordinances and amendments.
AB782,5,1210 2. For an amendment submitted to the department under par. (c) 3., the
11department shall make it accessible as required under subd. 1. within 10 working
12days after receiving the amendment.
AB782,5,1513 (e) Notwithstanding par. (a), a town, village, or city may enact and enforce an
14ordinance establishing a property maintenance code that is stricter than rules
15promulgated by the department under sub. (15) (j).
AB782,3 16Section 3. 101.02 (15) (j) of the statutes is amended to read:
AB782,5,2017 101.02 (15) (j) The department shall ascertain, fix and order such reasonable
18standards or rules for the construction, repair and maintenance of places of
19employment and
constructing, altering, adding to, repairing, and maintaining
20public buildings, as shall and places of employment in order to render them safe.
AB782,4 21Section 4. 101.023 of the statutes is created to read:
AB782,6,5 22101.023 Building code council duties. The building code council shall
23review the rules relating to constructing, altering, adding to, repairing, and
24maintaining public buildings and buildings that are places of employment. The
25council shall consider and make recommendations to the department pertaining to

1these rules and any other matters related to constructing, altering, adding to,
2repairing, and maintaining public buildings and buildings that are places of
3employment. In preparing rules under this chapter that relate to public buildings
4and to buildings that are places of employment, the department shall consult with
5the building code council.
AB782,5 6Section 5. 101.12 (3) (am) 1. of the statutes is renumbered 101.12 (3) (am) and
7amended to read:
AB782,6,108 101.12 (3) (am) Accept the examination of essential drawings, calculations and
9specifications in accordance with sub. (1) performed by a 2nd class city in conformity
10with the requirements of this paragraph
that is certified pursuant to sub. (3m).
AB782,6 11Section 6. 101.12 (3) (am) 2. of the statutes is renumbered 101.12 (3m) (a).
AB782,7 12Section 7. 101.12 (3) (am) 3. of the statutes is renumbered 101.12 (3m) (b) and
13amended to read:
AB782,6,2214 101.12 (3m) (b) A 2nd class city may apply for certification by the department
15for the purposes of this paragraph under this subsection if that city employs at least
16one architect or one professional engineer who has been granted a certificate of
17registration under s. 443.10. The department shall certify a 2nd class city when the
18department determines and certifies the competency of all examiners employed by
19the city. The department shall review the competency of the examiners of a city that
20is certified under this paragraph subsection on a regular basis and may revoke the
21certification of a city if the examiners do not meet standards specified by the
22department.
AB782,8 23Section 8. 101.12 (3) (am) 4. of the statutes is renumbered 101.12 (3m) (c).
AB782,9 24Section 9. 101.12 (3) (am) 5. of the statutes is renumbered 101.12 (3m) (e) and
25amended to read:
AB782,7,3
1101.12 (3m) (e) The department shall by rule set fees, to be collected by the 2nd
2class city and remitted to the department, to meet the department's costs in enforcing
3and administering its duties under this paragraph sub. (3) (am) and this subsection.
AB782,10 4Section 10. 101.12 (3) (bq) of the statutes is created to read:
AB782,7,75 101.12 (3) (bq) Accept the review and determination performed by 2nd class
6cities that are certified pursuant to sub. (3m) on variances for buildings if the
7variances are reviewed and decided on in a manner approved by the department.
AB782,11 8Section 11. 101.12 (3m) (d) of the statutes is created to read:
AB782,7,119 101.12 (3m) (d) The department shall certify 2nd class cities to perform reviews
10and determinations of variances under sub. (3) (bq) if the 2nd class city has been
11certified for purposes of sub. (3) (b).
AB782,12 12Section 12. 101.12 (3r) of the statutes is created to read:
AB782,7,1713 101.12 (3r) An owner of a building may request, and the department may
14grant, a variance from standards contained in a rule relating to constructing,
15altering, and adding to public buildings and buildings that are places of employment
16if the department finds that the requested variance will impose an equivalent
17standard that meets the intent of the rule.
AB782,13 18Section 13. 101.12 (4) of the statutes is created to read:
AB782,7,2319 101.12 (4) (a) Except as provided in par. (b), any inspection performed to
20determine compliance with the rules promulgated by the department that relate to
21constructing, altering, or adding to public buildings and buildings that are places of
22employment may be performed only by a person who is certified under rules
23promulgated by the department to make such inspections.
AB782,7,2524 (b) The certification requirement under par. (a) does not apply to any of the
25following:
AB782,8,2
11. An inspection performed under s. 101.14 (2) (b) or (c) by an inspector who is
2designated under s. 101.14 (2) (d) to make such inspections.
AB782,8,43 2. An inspection performed by an inspector who has received certification
4under s. 101.14 (4r).
AB782,14 5Section 14. 101.14 (4r) of the statutes is created to read:
AB782,8,76 101.14 (4r) (a) In this subsection, "fire detection, prevention, and suppression
7devices" has the meaning given in sub. (4) (g) 2.
AB782,8,118 (b) A person may perform inspections of fire detection, prevention, and
9suppression devices being installed during the construction or alteration of, or the
10addition to, public buildings and places of employment only if he or she has received
11certification as an inspector from the department.
AB782,8,1612 (c) 1. The department shall promulgate rules establishing procedures and
13requirements for issuing certifications for purposes of par. (b). The department shall
14include in the rules a requirement that the person hold a valid certification from the
15national fire protection association qualifying him or her as a certified fire inspector
16I or that he or she hold a valid equivalent certification.
AB782,8,1917 2. The department shall determine which certifications issued by other entities
18will qualify as valid equivalent certifications. Notwithstanding s. 227.10 (1),
19determinations under this subdivision shall not be promulgated as rules.
AB782,8,2320 (d) The department shall provide assistance to any nationwide or statewide
21organization that represents fire chiefs and that is engaged in providing training and
22certification opportunities for persons seeking to receive certification by the
23department under this subsection.
AB782,15 24Section 15. 101.19 (1g) (am) of the statutes is amended to read:
AB782,8,2525 101.19 (1g) (am) The services specified by s. 101.12 (3) (am) and (bq) and (3m).
AB782,16
1Section 16. Nonstatutory provisions.
AB782,9,52 (1) Council; terms of initial members. Notwithstanding the length of terms
3specified in section 15.407 (18) (a) (intro.) of the statutes, as created by this act, the
4initial members of the building code council under section 15.407 (18) of the statutes,
5as created by this act, shall be appointed by the governor for the following terms:
AB782,9,116 (a) One member appointed under section 15.407 (18) (a) 2. of the statutes, as
7created by this act, one member appointed under section 15.407 (18) (a) 3. of the
8statutes, as created by this act, one member appointed under section 15.407 (18) (a)
94. of the statutes, as created by this act, and one member appointed under section
1015.407 (18) (a) 5. of the statutes, as created by this act, for terms expiring on July 1,
112017.
AB782,9,1512 (b) One member appointed under section 15.407 (18) (a) 1. of the statutes, as
13created by this act, one member appointed under section 15.407 (18) (a) 2. of the
14statutes, as created by this act, and one member appointed under section 15.407 (18)
15(a) 4. of the statutes, as created by this act, for terms expiring on July 1, 2016.
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