AB1045: Bill Text

AB1045,9,20 3. The local governmental unit shall issue the class 1 notice required under subds. 1. and 2., and hold the hearing that is required under subd. 1. or that may be required under subd. 2., before serving the order or issuing the written notification, issuing the permit or other authorization, or razing the historic building or building owned by the local governmental unit.

AB1045,9,25 4. At a hearing that is held under this paragraph, the local governmental unit shall accept testimony from any person on whether the order, written notification, other authorization, permit, or razing by the municipality is reasonable and whether there are other reasonable options available to repair the historic building or building rather than raze it.

AB1045,10,4 5. The State Historical Society may waive the requirements for notice and a hearing under this paragraph, upon the request of a local governmental unit, to prevent or mitigate an emergency condition that presents an imminent and substantial threat to public health or safety.

AB1045, s. 13 Section 13. 66.0413 (3) (e) of the statutes is created to read:

AB1045,10,7 66.0413 (3) (e) This subsection does not apply to part of a building that is not a historic building if that part of the building is 50 years old or less.

AB1045, s. 14 Section 14. 66.0413 (3) (f) of the statutes is created to read:

AB1045,10,15 66.0413 (3) (f) The owner of the building that is razed shall reuse the building materials or contract with a demolition contractor who will reuse the building materials, to the maximum extent feasible. The governing body, building inspector, or other designated officer of a local governmental unit may order the owner of a historic building, or building, that is razed to reuse the building materials or contract with a demolition contractor who will reuse the building materials to the maximum extent feasible.

AB1045, s. 15 Section 15. 66.0413 (4) (a) and (b) of the statutes are consolidated, renumbered 66.0413 (4) and amended to read:

AB1045,10,24 66.0413 (4) First class cities; other provisions. First class cities may adopt, by ordinance, alternate or additional provisions governing the placarding, closing, razing and removal of a building and the restoration of the site to a dust-free and erosion-free condition. (b) This subsection shall be liberally construed to provide 1st class cities with the largest possible power and leeway of action, except that any alternate or additional provision adopted shall be no less stringent than the corresponding provision in sub. (3).

AB1045, s. 16 Section 16. 101.121 (3) (c) of the statutes is created to read:

AB1045,11,2 101.121 (3) (c) The department shall interpret the Historic Building Code to facilitate the preservation and restoration of qualified historic buildings.

AB1045, s. 17 Section 17. 101.121 (4) (a) of the statutes is renumbered 101.121 (4) (a) 1.

AB1045, s. 18 Section 18. 101.121 (4) (a) 2. of the statutes is created to read:

AB1045,11,11 101.121 (4) (a) 2. Upon the request of the owner of a qualified historic building who elects under subd. 1. to be subject to the Historic Building Code, the department shall review any decision of a city, village, town, or county that requires the owner to comply with a provision of a county or municipal building code, or of any other local ordinance or regulation, to determine if the provision concerns a matter dealt with in the Historic Building Code. The procedures in s. 101.02 (7) apply to any review conducted by the department under this subdivision.

AB1045, s. 19 Section 19. 101.121 (4) (b) of the statutes is amended to read:

AB1045,11,16 101.121 (4) (b) Paragraph (a) 1. does not apply to any owner of a nursing home, as defined in s. 50.01 (3), a hospital, as defined in s. 50.33 (2) (a) and (c), or an approved public or private treatment facility for alcoholics, as defined in s. 51.45 (2) (b) and (c).

AB1045, s. 20 Section 20. 101.121 (6) of the statutes is created to read:

AB1045,11,24 101.121 (6) Information regarding the Historic Building Code. In cooperation with the state historical society, the department shall develop and distribute information that is designed to increase awareness and use of the Historic Building Code. The department, in cooperation with the state historical society, shall update the information as needed to reflect current statutes and rules related to the Historic Building Code and current interpretations of the Historic Building Code. The information shall include all of the following:

AB1045,11,25 (a) A description of the Historic Building Code.

AB1045,12,2 (b) A description of the types and qualities of buildings that are subject to the Historic Building Code.

AB1045,12,5 (c) An explanation of how the owner of a qualified historic building may elect to be subject to the Historic Building Code and a description of the consequences of that election.

AB1045,12,7 (d) Examples of the successful application of the Historic Building Code to various types and uses of buildings.

AB1045,12,9 (e) A description of the building codes that would apply if the owner of a historic building does not elect to use the Historic Building Code.

AB1045,12,11 (f) A description of where a person may obtain further information regarding historic buildings and the Historic Building Code.

AB1045, s. 21 Section 21. 101.122 (4) (b) 1. of the statutes is amended to read:

AB1045,12,14 101.122 (4) (b) 1. Order Subject to s. 66.0413 (3), order demolition of the rental unit no sooner than 90 days after the order.

AB1045, s. 22 Section 22. 101.132 (2) (b) 1. of the statutes is amended to read:

AB1045,12,19 101.132 (2) (b) 1. If Except as provided in subd. 3m., if more than 50% 50 percent of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in par. (a), regardless of when the housing was first intended for occupancy.

AB1045, s. 23 Section 23. 101.132 (2) (b) 2. of the statutes is amended to read:

AB1045,12,25 101.132 (2) (b) 2. If 25% to 50% Except as provided in subd. 3m., if 25 percent to 50 percent of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in par. (a), regardless of when the housing was first intended for occupancy.

AB1045, s. 24 Section 24. 101.132 (2) (b) 3. of the statutes is amended to read:

AB1045,13,7 101.132 (2) (b) 3. If Except as provided in subd. 3m., if less than 25% 25 percent of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in par. (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in par. (a) regardless of when the housing was first intended for occupancy.

AB1045, s. 25 Section 25 . 101.132 (2) (b) 3m. of the statutes is created to read:

AB1045,13,10 101.132 (2) (b) 3m. The requirements under this paragraph do not apply to qualified historic buildings, as defined in s. 101.121 (2) (c).

AB1045, s. 26 Section 26. 101.132 (2) (e) 3. of the statutes is created to read:

AB1045,13,16 101.132 (2) (e) 3. All rules promulgated by the department under this section relating to qualified historic buildings, as defined in s. 101.121 (2) (c), shall comply with and not exceed the requirements of the Fair Housing Act under 42 USC 3601 to 3619 and the Americans with Disabilities Act under 42 USC 12181 to 12189 and regulations adopted under those acts.

AB1045, s. 27 Section 27. 101.975 (4) of the statutes is created to read:

AB1045,13,20 101.975 (4) (a) A political subdivision may adopt an ordinance that permits the political subdivision to grant a variance to the uniform multifamily dwelling code if all of the following apply:

AB1045,13,23 1. The ordinance permits only a variance that relates to handrails or guardrails of qualified historic buildings, as defined in s. 101.121 (2) (c), that are converted from single-family dwellings to multifamily dwellings.

AB1045,14,2 2. The ordinance requires the owner of a qualified historic building who seeks a 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 owner's building.

AB1045,14,5 (b) A political subdivision shall grant a variance under an ordinance adopted under par. (a) if the owner seeking the variance provides the evidence required under par. (a) 2.

AB1045, s. 28 Section 28. 254.61 (1) (f) 2. of the statutes is amended to read:

AB1045,14,12 254.61 (1) (f) 2. A structural addition, including a renovation, made to a structure that was originally constructed at least 50 years before an initial or renewal application for a permit under s. 254.64 (1) (b) is made and for which no use other than as a bed and breakfast establishment is proposed. The structural addition under this subdivision shall comply with the rules promulgated under s. 101.63 (1) and (1m).

AB1045, s. 29 Section 29. 823.21 of the statutes is amended to read:

AB1045,14,18 823.21 Dilapidated buildings declared nuisances. Any building which, under s. 66.0413 (1) (b) 1., has been declared so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has been determined to be unreasonable to repair under s. 66.0413 (1) (b) 1. is a public nuisance and may be proceeded against under this chapter.

AB1045, s. 30 Section 30. Nonstatutory provisions.

AB1045,14,23 (1) Study of rural historic preservation. The joint legislative council is requested to study methods to promote rural historic preservation. If the council undertakes such a study, the council shall report its findings, conclusions, and recommendations to the 2007 legislature when it convenes.

AB1045,14,24 (End)