SB371, s. 29
17Section
29. 101.63 (1m) of the statutes is amended to read:
SB371,21,2118
101.63
(1m) Adopt a rule which requires any one- and 2-family dwelling which
19uses electricity for space heating to be superinsulated.
A rule promulgated under
20this subsection does not apply to a bed and breakfast establishment, as defined in s.
21254.61 (1), except as specified in sub. (1) (a) and (b).
Note: The provision in Section
28 regarding structural additions to bed and
breakfast establishments is new and relates to the new provision in
Section 32 that
allows a structural addition to a bed and breakfast establishment that is more than 50
years old if the addition complies with the uniform one- and 2-family dwelling code. The
other provisions of Sections 16
, 27 and 28 and this Section merely reorganize the
statutes that exempt certain bed and breakfast establishments from various building
codes.
SB371, s. 30
1Section
30. 101.975 (4) of the statutes is created to read:
SB371,22,122
101.975
(4) A political subdivision may adopt an ordinance that permits it to
3grant a variance to the uniform multifamily dwelling code relating to handrails and
4guardrails of qualified historic buildings, as defined in s. 101.121 (2) (c), that are
5converted from single-family dwellings to multifamily dwellings. The ordinance
6shall require the owner of a qualified historic building who seeks a variance to
7provide the political subdivision with evidence that the type, height and design of the
8handrail or guardrail proposed for installation is historically appropriate for the
9owner's building. Upon the provision of such evidence, the political subdivision may
10grant a variance to the uniform multifamily dwelling code that permits the owner
11to install a handrail or guardrail that is at least as protective of public safety as the
12historically appropriate handrail or guardrail.
Note: Under current law, the uniform multifamily dwelling code [ch. Comm 66]
applies to any building or portion of a building which is converted to a multifamily
dwelling after April 1, 1995 unless the building is a qualified historic building and the
owner elects to be subject to the historic building code. Under s. 101.971 (2), stats., a
multifamily dwelling is defined as an apartment building, row house, town house,
condominium or manufactured building that does not exceed 60 feet in height or 6 stories
and that consists of 3 or more attached dwelling units.
This Section creates s. 101.975 (4) to permit a political subdivision to adopt an
ordinance that allows it to grant a variance to the uniform multifamily dwelling code
relating to handrails and guardrails of qualified historic buildings that are converted
from single-family dwellings to multifamily dwellings. Under the uniform multifamily
dwelling code, the top of a handrail must be mounted between 34 and 38 inches above the
nosing of the treads on stairways or above the surface of ramps. Guardrails in dwelling
units must extend to at least 36 inches above the upper surface of the floor. In
nondwelling unit portions, the guardrails must extend at least 42 inches above the upper
surface of the floor.
Under the bill, the ordinance must require the owner of the building who is seeking
the variance to provide the political subdivision with evidence that the type, height and
design of the handrail or guardrail proposed for installation is historically appropriate
for the building. Upon the provision of that evidence, the bill provides that the political
subdivision may grant a variance to the uniform multifamily dwelling code that permits
the owner to install a handrail or guardrail that is at least as protective of public safety
as the historically appropriate handrail or guardrail.
SB371, s. 31
13Section
31. 254.61 (1) (f) of the statutes is renumbered 254.61 (1) (f) (intro.)
14and amended to read:
SB371,23,3
1254.61
(1) (f) (intro.) Has had completed, before May 11, 1990, any structural
2additions to the dimensions of the original structure, including by renovation, except
3that
a this limit does not apply to any of the following:
SB371,23,6
41. A structural addition, including a renovation,
that is made to the structure
5may, after May 11, 1990,
be made
and that is within the dimensions of the original
6structure.
SB371, s. 32
7Section
32
. 254.61 (1) (f) 2. of the statutes is created to read:
SB371,23,128
254.61
(1) (f) 2. A structural addition, including a renovation, that complies
9with the uniform dwelling code adopted in rules promulgated under s. 101.63 (1) and
10(1m) and that is made to a structure that was originally constructed at least 50 years
11before an application for a permit is made under s. 254.64 (1) (b) and for which no use
12other than as a bed and breakfast establishment is proposed by the owner.
Note: The current statutes define "bed and breakfast establishment" for the
purposes of determining the applicability of environmental health regulations, building
code requirements and other regulatory provisions. The basic purpose of this definition
is to set limits on the kinds of establishments that are deemed to be bed and breakfast
establishments and thus are subject to those specific regulations. Establishments that
provide food and lodging beyond the scope of the definition of a bed and breakfast
establishment are subject to regulation as hotels, restaurants or other similar types of
establishments, which in general means that the establishments are subject to the
commercial building code and the commercial restaurant regulations.
The definition of bed and breakfast establishment has 6 elements. The first 5
elements of the definition provide that a bed and breakfast establishment is any place of
lodging that:
"(a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or
transients.
(b) Provides no meals other than breakfast and provides the breakfast only to
renters of the place.
(c) Is the owner's personal residence.
(d) Is occupied by the owner at the time of rental.
(e) Was originally built and occupied as a single-family residence, or, prior to use
as a place of lodging, was converted to use and occupied as a single-family residence.".
The special committee focused its attention on the 6th element of the definition,
which is modified by this bill. The current definition of bed and breakfast establishment
in s. 254.61 (1) (f), stats., provides that a bed and breakfast establishment is a place of
lodging that:
"Has had completed, before May 11, 1990, any structural additions to the
dimensions of the original structure, including by renovation, except that a structural
addition, including a renovation, to the structure may, after May 11, 1990, be made within
the dimensions of the original structure.".
The May 11, 1990 date is the date that this provision first took effect. At that time,
when this restriction was created, the intent was to avoid situations in which a one- or
2-family home is constructed and shortly thereafter is substantially expanded as a bed
and breakfast establishment. The restriction allows structural additions or renovations
within the "dimensions" of the original structure, but does not allow additions to a
structure after May 11, 1990, if that structure is to be used as a bed and breakfast
establishment.
A consequence of this restriction is that older buildings, which often have
attractive historic features and are desirable as bed and breakfast establishments,
cannot be expanded to provide suitable facilities for the bed and breakfast establishment.
This bill authorizes structural additions or renovation to the structure if the structure is
more than 50 years old, if no other use than as a bed and breakfast establishment is
proposed and if the structural addition complies with the uniform one- and 2-family
dwelling code.
SB371, s. 33
1Section
33. 823.21 of the statutes is amended to read:
SB371,24,6
2823.21 Dilapidated buildings declared nuisances. Any building which,
3under s. 66.05 (1m), has been declared so
old, dilapidated or out of repair as to be
4dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has been
5determined to be unreasonable to repair under s. 66.05 (1m) is a public nuisance and
6may be proceeded against under this chapter.
Note: The amendment corresponds with the amendment in this bill to s. 66.05
(1m), which includes an explanatory note.
SB371, s. 34
7Section
34.
Nonstatutory provisions; legislature.
SB371,24,118
(1)
Study of rural historic preservation. The joint legislative council is
9requested to study methods to promote rural historic preservation. If the council
10undertakes such a study, the council shall report its findings, conclusions and
11recommendations to the 2001 legislature when it convenes.
SB371, s. 35
12Section
35.
Appropriation changes; historical society.
SB371,25,213
(1)
Survey of rural historic buildings. In the schedule under section 20.005
14(3) of the statutes for the appropriation to the state historical society under section
1520.245 (3) (a) of the statutes, as affected by the acts of 1999, the dollar amount is
16increased by $75,000 for fiscal year 1999-00 and the dollar amount is increased by
17$75,000 for fiscal year 2000-01 for the purpose of entering into a contract for a survey
1under section 44.34 (1) of the statutes to identify and document historic properties
2in rural areas of the state.
Note: Under current law, the state historical society is required to conduct an
ongoing statewide survey to identify and document historic properties. This bill
increases the appropriation to the state historical society to provide funding to contract
for a survey to identify and document historic properties in rural areas of Wisconsin.
Under current s. 44.31 (3), stats., "historic property" is defined as "any building,
structure, object, district, area or site, whether on or beneath the surface of the land or
water, that is significant in the history, prehistory, architecture, archeology or culture of
this state, its rural and urban communities or the nation".
SB371,25,64
(1)
Supplement to federal historic rehabilitation credit. The treatment of
5sections 71.07 (9m) (c), 71.21 (6), 71.28 (6) (c) and 71.47 (6) (c) of the statutes first
6applies to taxable years beginning on January 1, 2000.
Note: Creates a nonstatutory provision that provides that Sections 12
, 13, 14 and
15 of the bill, relating to eligibility for and distribution of the state supplement to the
federal historic rehabilitation income tax credit, first apply to taxable years beginning on
January 1, 2000.
SB371, s. 37
7Section
37.
Effective dates. This act takes effect on the day after publication,
8except as follows:
SB371,25,119
(1)
Supplement to federal historic rehabilitation credit. The treatment of
10section 71.21 (6) of the statutes takes effect on the first day of the 3rd month
11beginning after publication.
Note: Creates a nonstatutory provision that provides that s. 71.21 (6) (c), stats.,
created in this bill, takes effect for partnership agreements for the allocation of the state
tax credit for historic preservation executed on the first day of the 3rd month beginning
after the date on which this bill takes effect.