Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 20 to 25 relating to the Uniform (1-2 Family) Dwelling Code.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
June 19, 2008 Thursday 10:30 a.m.	Thompson Commerce Building Third Floor Conference Rm. #3B 201 W. Washington Avenue Madison, Wisconsin

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 7, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Duane Hubeler, at the Department of Commerce, P.O. Box 2658, Madison, WI 53701-2658, or Email at [e-mail]

Copies of Proposed Rules

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agency Contact Person

Duane Hubeler, UDC Consultant, [e-mail], [phone]

Small Business Regulatory Coordinator

Carol Dunn, at [phone], or Email at carol.dunn@ wisconsin.gov.

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74, Stats.

Statutory authority

Sections 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74, Stats.

Related statute or rule

Sections 101.63 (5) and 101.73 (8), Stats.

Explanation of agency authority

Under the statute sections listed above, the Department of Commerce has the responsibility to adopt rules that establish uniform, statewide standards for the construction of 1- and 2-family dwellings. This code, in its entirety, first went into effect in 1980. Sections 101.63 (5) and 101.73 (8), Stats., require the department to review these rules on a biennial basis.

Summary of proposed rules

The vast majority of these proposed rule changes are intended to clarify current policies and requirements. The substantial changes to the code are as follows:

•   Sections Comm 20.02 (1), 20.09 and 20.10 relating to scope of the code, permit issuance and inspections, respectively, have been reformatted and expanded.

•   Section Comm 20.24 on adopted national standards is updated to include the latest editions. One standard on duct construction is dropped and two new ones on fire sprinkler construction and log home construction are added.

•   Section Comm 21.24 (4) has new requirements for water-resistive barriers under the exterior covering of the dwelling.

•   Section Comm 21.25 (7) has new requirements for the construction of short “cripple walls" on top of foundation walls.

•   Sections Comm 21.25 (8) and (9) has new requirements for wind bracing of wood frame walls that bring the Wisconsin requirements in line with national standards.

•   Chapter Comm 22, containing the energy conservation requirements, is repealed and recreated to bring the Wisconsin requirements in line with the national model energy code. There are new prescriptive component requirements as an alternative to the traditional total envelope heat loss requirements.

Comparison with federal regulations

There appear to be no federal regulations governing general one- and 2-family dwelling construction.

Comparison with rules in adjacent states

An internet search of the State of Illinois' website did not reveal the existence of a statewide one- and 2-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.

An internet search of the State of Iowa's website did not reveal the existence of a statewide one- and 2-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.

An internet search of the State of Michigan's website showed a mandatory, statewide one- and 2-family dwelling code. The Residential Construction Code under the Construction Code Commission General Rules, section 408.305, contains the state amendments to the 2006 International Residential Code (IRC) developed by the International Code Council (ICC). There is a separate energy code.

An internet search of the State of Minnesota's website showed a mandatory, statewide one- and 2-family dwelling code. Minnesota Department of Labor and Industry, Chapter 1309 adopts the 2006 International Residential Code (IRC), chapters 2-10 and 43. Chapters 2-10 contain the general construction provisions of the IRC. Separate state codes apply to the energy, mechanical, plumbing, electrical and flood protection provisions of dwelling construction.

Summary of factual data and analytical methodologies

The department received input at regular quarterly meetings during the entire development cycle from the Uniform Dwelling Code Council. The makeup of this Council is set under s. 15.157 (3), Stats. The members are appointed by the Governor's Office. The Council's composition reflects a variety of organizations whose members include many types of small businesses. Through this Council, the department is able to gather information on the potential impacts of the administrative and technical requirements of the code.

For the majority of this development cycle, the UDC Council was comprised of:

Allan Bachmann, Madison, Bachmann Construction;

Jeffrey Bechard, Eau Claire, Sheet metal Workers Local 18;

Ken Dentice, City of La Crosse Building Inspection;

David Dolan-Wallace, Green Bay, Martinson Architects;

Tom Doleschy, Muskego, Chicago Regional Council of Carpenters;

Dan Gorski, Madison, Veridian Homes;

Robert Jakel, City of Kaukauna;

Steven Levine, Madison, Wisconsin Public Service Commission;

Mike Mueller, Milwaukee, International Brotherhood of Electrical Workers Local 494;

Daniel Nowak, City of Oak Creek Building Inspection;

Frank Opatik, Wausau, Wausau Homes;

Tom Palecek, Marshfield, Wick Building Systems;

Gary Ruhl, Oshkosh, NE Wisconsin Building & Construction Trades Council;

Mary Schroeder, Brookfield, Miller Homes;

Katy Stadtherr, City of Green Bay Building Inspection;

John Vande Castle, Fond du Lac, Fond du Lac Mosaic Tile Company, Inc.; and

Mike Wallace, City of Hudson Building Inspection

Analysis and supporting documents used to determine effect on small business

These proposed rules do not significantly impact small businesses. The proposed rules do adopt more current technical design and construction standards used by designers and various tradespersons but those standards do not have a significant impact. The proposed rules do enhance the wind bracing requirements resulting in increase material and labor costs that would be passed on to the consumer. The design, material, and labor costs for the proposed specified methods of wind bracing are estimated to be $360 or 0.15% for an 1800 square foot, two-story home valued at $250,000 and $100 or 0.06% for a 1200 square foot, single story home valued at $180,000. The proposed rules will add an additional insulation requirement beneath a heated slab in contact with earth regardless of the depth below grade. Such heated slabs are allowed but not required by the code. For those homes that utilize this heated slab construction the added cost would be in the range of $.75 per square foot. For an 1800 square foot, two-story home with a 900 square feet heated basement floor the cost increase would be $675, or three tenths of one percent for a home valued at $250,000.

Initial Regulatory Flexibility Analysis

Types of small businesses that will be affected by the rules

Contractors, tradespeople, material suppliers, and other small businesses have been affected by the Uniform Dwelling Code since its inception in 1980 and will be affected by the proposed rules.

Reporting, bookkeeping and other procedures required for compliance with the rules

None

Types of professional skills necessary for compliance with the rules

There are no additional skills necessary to comply with these rules.

Will the rules have a significant economic impact on small businesses?

No.

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:

Duane Hubeler

Division of Safety & Buildings

P.O. Box 2658

Madison, WI 53701

Phone: [phone]

or TTY [phone]

Written comments will be accepted until July 7, 2008.

Fiscal Estimate

Summary

The proposed rules update provisions for the Uniform Dwelling Code, chapters Comm 20-25. The Uniform Dwelling Code establishes uniform, statewide standards for the design and construction of one- and 2- family dwellings. The vast majority of the proposed revisions involve technical issues with the revisions intended to clarify current policies and requirements. The current administration and enforcement aspects of the code are not proposed to be significantly altered and therefore it is anticipated that the revisions will not have an impact on department and local municipality resources or costs.

The proposed rules do not significantly impact small businesses. The proposed rules do adopt more current technical design and construction standards used by designers and various tradespersons but those standards do not have a significant impact.

State fiscal effect

None.

Local fiscal effect

None.

Fund sources affected

PRO.

Long-range fiscal implications

None are anticipated.

Notice of Hearings