This bill requires the department of commerce to waive those fees for a
preservation or restoration project affecting a building or structure that is more than 100
years old. To qualify for the waiver of fees, the state historic preservation officer must
certify to the department of commerce that the building or structure is listed on or eligible
for listing on the national or state register of historic places and the plans for the
preservation or restoration comply with the standards that are applicable to projects that
qualify for the income tax credit for historic property renovations.
AB277, s. 31
1Section
31. 101.975 (4) of the statutes is created to read:
AB277,25,42
101.975
(4) (a) A political subdivision may adopt an ordinance that permits the
3political subdivision to grant a variance to the uniform multifamily dwelling code if
4all of the following apply:
AB277,25,75
1. The ordinance permits only a variance that relates to handrails or guardrails
6of qualified historic buildings, as defined in s. 101.121 (2) (c), that are converted from
7single-family dwellings to multifamily dwellings.
AB277,25,118
2. The ordinance requires the owner of a qualified historic building who seeks
9a variance to provide the political subdivision with evidence that the type, height,
10and design of the handrail or guardrail proposed for installation is historically
11appropriate for the owner's building.
AB277,25,1512
(b) A political subdivision may grant a variance under an ordinance adopted
13under par. (a) if the owner seeking the variance provides the evidence required under
14par. (a) 2. and if the handrail or guardrail installation is at least as protective of
15public safety as the handrail or guardrail that would otherwise have been required.
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.
AB277, s. 32
1Section
32. 254.61 (1) (f) 2. of the statutes is amended to read:
AB277,26,72
254.61
(1) (f) 2. A structural addition,
including a renovation, made to a
3structure that was originally constructed at least 50 years before an initial or
4renewal application for a permit under s. 254.64 (1) (b) is made and for which no use
5other than as a bed and breakfast establishment is proposed. The structural addition
6under this subdivision shall comply with the rules
promulgated under s. 101.63 (1)
7and (1m).
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.
One requirement of the current statute is that a bed and breakfast establishment
must be 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.
The May 11, 1990 date is the date that this provision first took effect. An exception
is provided for structural additions made to a structure that 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. "Including a
renovation" is added to make this provision consistent with the rest of the definition.
AB277, s. 33
8Section
33. 823.21 of the statutes is amended to read:
AB277,26,13
9823.21 Dilapidated buildings declared nuisances. Any building which,
10under s. 66.0413 (1) (b) 1., has been declared so
old, dilapidated or out of repair as
11to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has
12been determined to be unreasonable to repair under s. 66.0413 (1) (b) 1. is a public
13nuisance and may be proceeded against under this chapter.
Note: The amendment corresponds with the amendment in this bill to s. 66.0413
(1) (b) 1., which includes an explanatory note.
AB277, s. 34
1Section
34.
Nonstatutory provisions; legislature.
AB277,27,52
(1)
Study of rural historic preservation. The joint legislative council is
3requested to study methods to promote rural historic preservation. If the council
4undertakes such a study, the council shall report its findings, conclusions, and
5recommendations to the 2003 legislature when it convenes.
AB277, s. 35
6Section
35.
Appropriation changes; historical society.
AB277,27,137
(1)
Survey of rural historic buildings. In the schedule under section 20.005
8(3) of the statutes for the appropriation to the state historical society under section
920.245 (3) (a) of the statutes, as affected by the acts of 2001, the dollar amount is
10increased by $75,000 for fiscal year 2001-02 and the dollar amount is increased by
11$75,000 for fiscal year 2002-03 for the purpose of entering into a contract for a survey
12under section 44.34 (1) of the statutes to identify and document historic properties
13in 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".
AB277,27,2115
(1)
Supplement to federal historic rehabilitation credit. The treatment of
16sections 71.07 (9m) (c), 71.21 (6), 71.28 (6) (c), and 71.47 (6) (c) of the statutes first
17applies to taxable years beginning on January 1 of the year in which this subsection
18takes effect, except that if this subsection takes effect after July 1 the treatment of
19sections 71.07 (9m) (c), 71.21 (6), 71.28 (6) (c), and 71.47 (6) (c) of the statutes first
20applies to taxable years beginning on January 1 of the year following the year in
21which this subsection takes effect.
Note: Creates a nonstatutory provision that provides that the provisions 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 of the
year after this subsection takes effect.
AB277, s. 37
1Section
37.
Effective dates. This act takes effect on the day after publication,
2or on the day after publication of the 2001-03 biennial budget act, whichever is later,
3except as follows:
AB277,28,74
(1)
Supplement to federal historic rehabilitation credit. The treatment of
5section 71.21 (6) of the statutes takes effect on the first day of the 3rd month
6beginning after publication, or on the first day of the 3rd month beginning after
7publication of the 2001-03 biennial budget act, whichever is later.
Note: Creates a nonstatutory provision that provides that s. 71.21 (6), 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 or the 2001-03 biennial budget act takes effect, whichever
is later.