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The ICC codes contain state-of-the art minimum requirements for the built environment, developed with input from experts across the nation. The suite of ICC codes has been developed to be an integrated set of requirements. Commonly, these requirements considerably expand upon the detail that is currently contained in Wisconsin's fire prevention and building construction codes.

Adoption of the ICC codes is a major initiative that will require extensive preparation of Department staff, partners, and customers. Adopting the ICC codes will enable national or regional organizations to conduct training courses in Wisconsin, rather than have Wisconsin provide its own training.

The ICC codes that are proposed for adoption in this rule package are as follows:

  International Building Code®

  International Energy Conservation Code™

  International Mechanical Code®

  International Fuel Gas Code®

  International Fire Code®

These ICC codes can be purchased from the following organizations: Building Officials and Code Administrators International, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5695, [phone], web page www.bocai.org; International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA, 90601-2298, [phone], web page www.icbo.org; and Southern Building Code Congress, Inc. 900 Montclair Road, Birmingham, AL, 35213-1206, [phone], web page ww.sbcci.org.

This proposed adoption includes modifications to the ICC codes. These modifications were developed during the past three years through a comparative analysis with Wisconsin's current requirements, and in consultation with the following advisory councils. The proposed rules are supported by these councils. A listing of the members and the corresponding representation for the councils is included later in this analysis.

Commercial Building Code Council

Multifamily Dwelling Code Council

Fire Safety Code Council

Means of Egress and Accessibility Code Council

Elevator Code Council

Structural Review Code Council

Energy Conservation Code Council

Heating, Ventilating, and Air Conditioning Code Council

This rule package proposes to adopt the above ICC codes and corresponding modifications in the following chapters of the Wisconsin Administrative Code:

Comm 61 – Administration and Enforcement; which includes adoption of the IBC, IECC, IMC, and IFGC.

Comm 62 – Buildings and Structures, which includes Wisconsin modifications of the IBC

Comm 63 – Energy Conservation; which includes Wisconsin modifications of the IECC

Comm 64 – Heating, Ventilating and Air Conditioning; which includes Wisconsin modifications of the IMC

Comm 65 – Fuel Gas Appliances; which includes Wisconsin modifications of the IFGC

Comm 66 – Fire Prevention; which includes Wisconsin modifications of the IFC

In the above Comm chapters that contain modifications to the ICC codes, each modification is preceded by one of the following seven generalized directive statements. The intended meanings of these seven directive statements are included here.

1.   This is a department rule in addition to the requirements in IBC section XXXX:

Means: All text in this section has been adopted without modification, but Wisconsin has some additional requirements.

2.   This is a department alternative to the requirements in IBC section XXXX:

Means: The new text provides flexibility and may be used in place of the IBC text.

3.   Substitute the following wording for the requirements in IBC section XXXX:

Means: New text is completely replacing existing text.

4.   This is a department informational note to be used under IBC section XXXX:

Means: The only addition to this IBC section is a note which may be a cross-reference or an example or which conveys a statutory requirement.

5.   The requirements in IBC section XXXX are not included as part of this code.

Means: The section has not been adopted; no text is replacing or substituting for this section.

6.   This is a department exception to the requirements in IBC section XXXX:

Means: An exception is being added to the section where none exists.

7.   This is an additional department exception to the requirements in IBC section XXXX:

Means: A numbered exception is being added where one or more exceptions already exist.

The references in the Comm chapters to individual IBC sections typically are to a particular paragraph or set of paragraphs within a referenced IBC section, and are not intended to affect any subsequent subdivisions of the specified section unless stated otherwise. For example, a directive to substitute certain language for IBC section 415.7.3 is not intended to mean that IBC sections 415.7.3.1 through 415.7.3.5 are also being changed.

In the Comm chapters that include modifications to the ICC codes, individual code sections generally are numbered to correspond with the section numbering in the ICC codes. For example, section Comm 62.0202 corresponds to IBC section 202, and Comm 62.3408 corresponds to IBC section 3408.

This rule package includes a proposal to subsume the current Uniform Multifamily Dwelling Code, Comm 66, into the Commercial Building Code. This proposal is intended to discontinue repeating the administrative requirements of the Commercial Code in a Multifamily Code.

These chapters include affirmation that the Department will retain its authority to interpret all of the incorporated requirements, including those from the ICC codes, and to issue variances to those requirements.

This rule package does not include rule changes for updating several other Comm code chapters that currently reference or relate to chapters Comm 51 to 64, such as Comm 2, 3, 5, 18, 34, 41, 45, 70, 75-79, 81-87, and 90. A separate, subsequent rule package with a simultaneous effective date is expected to contain this updating.

Council Members and Representation

The members and representation of the councils advising the Department on this rule package are as follows:

Commercial Building Code Council: Warren Bauer, representing the American Institute of Architects – Wisconsin Society; Curt Hastings, representing the Associated General Contractors of Wisconsin; Tim Ihlenfeld, representing laborers and craftsworkers in the Wisconsin State AFL-CIO; Joe Jameson, representing building inspectors and the League of Wisconsin Municipalities; David Kakatsch, representing the City of Milwaukee and certified municipalities; David Keller, representing building owners and the Wisconsin Realtors Association; Terry Kennedy, representing the Wisconsin Society of Professional Engineers; Bill King, representing building owners and the Wisconsin Department of Administration; Dennis Krutz, representing insurance organizations; Ed Ruckriegel, representing the City of Madison Fire Department; Michael Shoys, representing building owners and Wisconsin Manufacturers & Commerce; Russ Spahn, representing the Wisconsin State Fire Chiefs' Association; and Fred Stier, representing the Associated Builders and Contractors of Wisconsin and the Wisconsin Builders Association.

Multifamily Dwelling Code Council: Charles Aldrian, representing architects, engineers, and designers; Beth Gonnering, representing building contractors and developers; Ed Gray, representing labor organizations for the building trades; Richard Paur, representing municipal inspectors in large counties; Phil Kalscheur, representing manufacturers and suppliers of cement products; Linda Keegan, representing the public; Harry Macco, representing building contractors and developers; Carl Mastaglio, representing the public and advocating fair housing; Bruce McMiller, representing building inspectors in small counties; Larry Plumer, representing the fire services; William Roehr, representing labor organizations for the building trades; Ed Ruckriegel, representing the fire services; C. Frederick Tolson, representing manufacturers and suppliers of gypsum products; and Kerry Vondross, representing manufacturers and suppliers of concrete block products.

Fire Safety Code Council: David L. Berenz, representing the Wisconsin State AFL-CIO; Dan Burazin, representing the Associated General Contractors of Greater Milwaukee, Inc.; Larry Burton, representing the Wisconsin Insurance Alliance; J. C. Carver, representing the City of Madison Fire Department; Gregg Cleveland, representing the Wisconsin State Fire Chiefs' Association; Steven Fritsche, representing the City of Milwaukee; Tom Jahn, representing the Wisconsin Society of Fire Protection Engineers; Gerard J. Rabas, representing Wisconsin Manufacturers & Commerce; Russ Spahn, representing the Wisconsin Fire Inspectors Association; Robert W. Stedman, representing the City of Waukesha Fire Department; and David M. Wheaton, representing the Wisconsin Building Inspectors Association.

Means of Egress and Accessibility Code Council: Larry Earll, representing the Wisconsin Department of Administration; Cleo Eliason, representing barrier-free accessibility and the Easter Seal Society of Wisconsin, Inc.; Steven Howard, representing the Wisconsin State Fire Chiefs' Association; Mary Lawson, representing the American Institute of Architects – Wisconsin Society; Larry Palank, representing general contractors and the Associated General Contractors of Greater Milwaukee, Inc.; Richard Pomo, representing barrier-free accessibility and the Wisconsin Council for the Blind; Ed Solner, representing the American Institute of Architects – Wisconsin Society; Monica Sommerfeldt, representing the Wisconsin Builders Association; David M. Wheaton, representing inspectors and the Wisconsin Building Inspectors Association.

Elevator Code Council: Warren R. Bauer, representing the American Institute of Architects – Wisconsin Society; Ken Bavery, representing the Wisconsin State Fire Chiefs' Association; David Koch, representing elevator manufacturers/suppliers and the National Association of Elevator Contractors; Bruce Lammi, representing engineers and the Wisconsin Society of Professional Engineers; Steve Lex, representing the Wisconsin State AFL-CIO; Jeff Lund, representing lift manufacturers/suppliers and the Waupaca Elevator Company; William Page, representing lift manufacturers/suppliers and the Accessibility Equipment Manufacturers Association; David M. Rakowski, representing Northwestern Elevator Company, Inc.; John Zalewski, representing inspectors and the City of Milwaukee; Andrew M. Zielke, representing elevator manufacturers/suppliers and the National Elevator Industry, Inc.

Structural Review Code Council: Professor Steven Cramer, representing the University of Wisconsin – Madison Department of Civil and Environmental Engineering; Chuck Hanson, representing the American Society of Civil Engineers; Kirk Haverland, representing the Wisconsin Society of Professional Engineers; David Hyzer, representing the American Institute of Architects – Wisconsin Society; Lynn Lauersdorf, representing the Wisconsin Department of Administration; Professor Michael Oliva, representing the University of Wisconsin – Madison Department of Civil and Environmental Engineering; Robert Schumacher, representing the American Society of Civil Engineers; Alan Wagner, representing the American Society of Civil Engineers; and Michael West, representing the American Society of Civil Engineers.

Energy Conservation Code Council: Ross DePaola, representing the Wisconsin Environmental Decade; Thomas F. Flickinger, representing the Wisconsin Association of Consulting Engineers; Jay F. Jorgensen, representing the Wisconsin Chapter of the American Society of Heating, Refrigerating, and Air Conditioning Engineers; Timothy J. Kritter, representing the Associated Builders and Contractors of Wisconsin; William F. McKee, representing the Associated General Contractors of Wisconsin; Dave J. Osborne, representing the Wisconsin Builders Association; Gerald W. Schulz, representing the Wisconsin Chapter of the National Electrical Contractors Association; Harry A. Sulzer, representing the League of Wisconsin Municipalities; Robert D. Wiedenhoefer, representing the Sheet Metal and Air Conditioning Contractors Association of Wisconsin.

Heating, Ventilating, and Air Conditioning Code Council: Michael J. Broge, representing the Wisconsin Association of Consulting Engineers; Timothy J. Gasperetti, representing the Building Owners and Managers Association of Milwaukee; Michael Mamayek, representing the Plumbing and Mechanical Contractors of Southeast Wisconsin; Ken Pavlik, representing the Wisconsin Builders Association; Richard J. Pearson, representing the Wisconsin Chapter of the American Society of Heating, Refrigerating, and Air Conditioning Engineers; Robert Pertzborn, representing the Wisconsin Association of Plumbing, Heating and Cooling Contractors; David Stockland, representing the Associated Builders and Contractors of Wisconsin; Harry A. Sulzer, representing the League of Wisconsin Municipalities; and Robert D. Wiedenhoefer, representing the Sheet Metal and Air Conditioning Contractors Association of Wisconsin.

Chapter-by-Chapter Analysis

Chapter Comm 61

The first chapter of the proposed revised Wisconsin Commercial Building Code will be numbered chapter Comm 61. This first chapter of the code will delineate the administrative and enforcement processes and procedures, currently found in chapter Comm 50, that the Department will utilize and people are to follow in designing and constructing buildings. The chapter covers such matters as the scope and application of the code, plan review, product review, inspection, appeals and Department authorization of plan review and inspection agents. In comparison to chapter Comm 50 the new chapter has been reorganized, but has been revised very little in substance. Although one subject of significant revision reflects the combining of the Commercial Building Code and the Multifamily Dwelling Code into one book. Provisions have been incorporated to address the uniform application of the code for multifamily dwellings as well as building permits for such structures. Most of the other revisions are intended as clarifications, with an emphasis towards the Department's statutory responsibilities and role. The chapter is laid out as follows:

Chapter Comm 61 – Administration and Enforcement

Subchapter I – Scope and Application

Subchapter II – Responsibilities, Appeals, Petitions and Penalties

Subchapter III – Plan Review

Subchapter IV – Multifamily Building Permits

Subchapter V – Supervision and Inspection

Subchapter VI – Product and Standard Review and Approval

Subchapter VII – First Class City and Certified Municipality Approvals

Chapter Comm 62

Chapter Comm 62 is proposed to primarily contain the Wisconsin modifications of the 2000 International Building Code ®, as adopted in chapter Comm 61.

The following listing is a summary of the concerns identified by the Department and the various advisory councils relating to the use and application of the IBC and recommendations for changes and additions to or omissions from the IBC.

1.   Chapter 1 of the IBC, and numerous other sections of the IBC, contain extensive administrative and enforcement requirements that generally have been developed by municipal officials, for use by municipal officials in other states which do not have Wisconsin's emphasis on state-level enforcement and administration. Numerous modifications were developed by Division staff to orient these requirements to this emphasis, and to maintain other current administrative and enforcement procedures in Wisconsin, including those relating to regulation of existing or historic buildings. [See sections Comm 62.0100 (1); Comm 62.0202; Comm 62.0400 (1); Comm 62.0401; Comm 62.0402; Comm 62.0403 (2); Comm 62.0414; Comm 62.0415; Comm 62.0703; Comm 62.0712; Comm 62.0901 (1); Comm 62.0902; Comm 62.0903 (1), (4), and (5); Comm 62.0907 (1) and (3); Comm 62.0909; Comm 62.1407; Comm 62.1506; Comm 62.1603 (2); Comm 62.1604; Comm 62.1607; Comm 62.1612; Comm 62.1621; Comm 62.1802; Comm 62.1805; Comm 62.1809; Comm 62.1905; Comm 62.1914; Comm 62.1916; Comm 62.2101; Comm 62.2105; Comm 62.2108; Comm 62.2208; Comm 62.2303; Comm 62.2503; Comm 62.3102; Comm 62.3103; Comm 62.3104 (2); Comm 62.3109; Comm 62.3400 (1); and Comm 62.3406.]

2.   Section 115 of the IBC contains detailed requirements for unsafe buildings and structures, and includes directives for how local building officials are to address these buildings and structures. Text is proposed that would apply these requirements to all public buildings and structures and places of employment, which exist before, on, or after the effective date of the proposed rules. [Comm 62.0100 (2)]

3.   The proposal contains three modifications to the IBC for retaining Wisconsin's current electrical code, plumbing code, and private sewage code, rather than adopting the ICC codes for these three subjects. [Comm 62.0202 (1) (d), (i), and (j)]

4.   Several sections of the Wisconsin Statutes contain building construction criteria that supercede or are in addition to various IBC requirements. Several modifications to the IBC are proposed for maintaining compliance with these statutory criteria, which include use and occupancy classifications [Comm 62.0310], recycling space [Comm 62.0400 (2)], employee restrooms [Comm 62.0400 (3)], sixty-foot high-rise fire sprinkler thresholds [Comm 62.0403 (1)], retroactive fire sprinkler requirements for University of Wisconsin dormitories [Comm 62.0403 (1)], firewall identification [Comm 62.0705], fire hose threads [Comm 62.0901 (2)], thresholds for fire sprinklers or two-hour fire resistance in multifamily dwellings [Comm 62.903 (2)], mandatory fire sprinklers for all newly constructed University of Wisconsin dormitories [Comm 62.0903 (3)], retroactive fire alarm and detection system requirements [Comm 62.0907 (2)], barrier-free accessibility [Comm 62.1101 (1), Comm 62.1107 (1) and (3), and Comm 62.1109], smoking area signage [Comm 62.1109 (2) Note], prohibition of pay toilets [Comm 62.2902 (7)] protection of adjoining property [Comm 62.3300 (2)], barrier-free accessibility for fair housing in existing structures [Comm 62.3400 (1) and Comm 62.3408], community-based residential facilities for 9-20 unrelated adults [Comm 62.3400 (2)], and statewide requirements for historic buildings [Comm 62.3406].

5.   Proposed text would continue Wisconsin's current alternatives for isolating fuel-fired appliances in parking garages. [Comm 62.0406]

6.   Several modifications to the IBC were developed to retain current flexibility for achieving minimum levels of fire safety, which include fire separation distance to a no-build easement [Comm 62.0702], fire-resistance clarification for connections between buildings [Comm 62.0704], alternatives for fire-resistive floor, ceiling, and roof construction [Comm62.0719], fire resistance for cellulose insulation [Comm 62.0720], and manual wet fire sprinkler systems [Comm 62.0904].

7.   Although text is proposed that replaces the IBC fire sprinkler thresholds in multifamily dwelling buildings with Wisconsin's statutory thresholds for these fire sprinklers or two-hour fire resistance, a related section of the IBC, 705.1, is not proposed to be changed for these thresholds. Section 705.1 specifies that each portion of a building separated by one or more fire walls which comply with the section must be considered a separate building. Consequently, instead of using unpierced four-hour-rated fire walls to separate a large multifamily building into smaller buildings that individually are not required to have fire sprinklers or two-hour fire resistance, as Wisconsin currently allows, two-hour-rated fire walls with various protected openings could be used, for example, in wood-frame construction, in lieu of providing fire sprinklers in these multifamily buildings. Also, the IBC's building area and height limits would apply individually, but not cumulatively, to each portion that is separated in this fashion by these fire walls. [Comm 62.0903 (2)]

8.   Chapter 10 of the IBC contains the means of egress requirements for all buildings, including specific occupancy requirements. The means of egress requirements in the IBC consist of three separate and distinct parts, which are the exit access, the exit, and the exit discharge. While the current Wisconsin Commercial Building Code uses these same terms, they have not been applied consistently, especially in the occupancy chapters. It is anticipated that the overall impact of the means of egress chapter will be very small for most public buildings and places of employment. A few minor modifications are proposed relating to determination of occupant load for outdoor areas, guard tower exiting, and safe dispersal areas for buildings located more than 100 feet to a public way. [Comm 62.1003, 62.1005, and 62.1006]

9.   There are a number of IBC means of egress requirements that differ from the means of egress requirements currently applied to multifamily housing. This rule package maintains the IBC language without modification. The criteria that differ from the current Multifamily Dwelling Code requirements include the following:

•   The IBC requires all raised platforms greater than 30 inches above the floor to be protected with guardrails with a height of 42 inches (current requirement is 36 inches). This requirement applies to raised platform areas within the dwelling unit as well as those in the common-use areas of the building. [IBC 1003.2.12.1]

•   Open guards must have balusters or ornamental patterns such that a 4-inch diameter sphere cannot pass through any opening up to 34 inches above the floor. From a height of 34 inches to 42 inches above the floor, a sphere not more than 8 inches must not pass through the openings (current requirement is 6-inch sphere). [IBC 1003.2.12.2]

•   In the IBC, the stair tread must be at least 11 inches in depth and the riser height is limited to 7 inches (current requirements of 9 inches by 8 inches). These stairway tread and riser dimensions apply to stairways within the dwelling units and in all the common use areas. [IBC 1003.3.3.3]

•   The IBC does not recognize the use of a “rescue/jump" platform as a means of egress component for any occupancy, including dwelling units. However, the IBC does provide options for one exit under IBC 1005.2.2.

•   The current Multifamily code requires at least 2 ways out of every sleeping room. One of the means of egress may be a window. The IBC, in addition to the means of egress required to be provided, also mandates that basements and sleeping rooms below the fourth story have at least one exterior emergency and rescue opening. [IBC 1009.1]

10.   The IBC chapter 11 accessibility requirements are substantially equivalent to the federal Americans With Disabilities Act Accessibility Guidelines. Currently, the federal Access Board is rewriting the ADAAG standards to be consistent with the IBC format. Chapter Comm 69 currently uses the ADAAG standards as the base accessibility construction standards; therefore users of the code are familiar with the standards in the IBC, except for the new format. A number of minor changes are proposed to clarify the application of the code to certain occupancies, such as government-owned facilities, and to require parking signs to comply with Wisconsin Department of Transportation requirements. [Comm 62.1104]

11.   The accessibility requirements in the 2000 edition of the IBC relating to multifamily housing are not substantially equivalent to the federal fair housing law, so a number of changes are proposed to establish construction requirements that are substantially equivalent to the federal law as well as the state fair housing law. These changes include specifying that any building which is separated into smaller buildings by fire walls under the provisions of IBC section 705 must be considered one building when determining compliance with the fair housing criteria. [Comm 62.1101, Comm 62.1106, and Comm 62.1107]

12.   The current multifamily accessibility requirements require that at least one bathroom be designed for a higher level of accessibility, with all other bathrooms complying with the basic level of accessibility. This requirement is not part of the federal or state fair housing laws or the IBC accessibility requirements. This rule package proposes to discontinue this requirement and to instead use the IBC and ICC/ANSI A117.1 bathroom design requirements without modification. [IBC 1107.5.4 and ICC/ANSI A117.1 1003.11.3.1, 1003.11.3.2]

13.   Minor changes are proposed for clarifying the requirements for temperature control in interior environments and for drainage of interior courts. [Comm 62.1203 and Comm 62.1205]

14.   Based on Wisconsin's potential for extreme climate, and due to concern for the structural deterioration and associated health and welfare problems that can result from migration of moist, interior air into outside walls, air barrier requirements are proposed for exterior walls. [Comm 62.1403 and Comm 62.0202 (a)]

15.   Reference to the Urban Wildland Interface Code is deleted because adoption of that code is not included in this rule package. [Comm 62.1505]