Currently, the department adopts by reference the 2006 editions of the ICC suite of building codes – the International Building Code® (IBC), the International Energy Conservation Code® (IECC), International Existing Buildings Code® (IEBC), the International Fuel Gas Code® (IFGC) and the International Mechanical Code® (IMC) – and makes Wisconsin modifications to these codes within the WCBC. The department proposes to adopt the 2009 editions of these ICC codes.
Significant changes from the 2006 to the 2009 editions of the ICC codes include:
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Defining and clarifying live/work unit provisions; IBC section 419.
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Adding provisions for Ambulatory Health Care Facilities; IBC section 422.
•
Adding storm shelter provisions and references to ICC 500; IBC section 423.
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Requiring new locking provisions for egress doors serving certain types of occupancies; IBC sections 1008.1.9.6, 1008.1.9.8 and 1008.1.9.9.
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Clarifying accessibility provisions for live/work units are to be evaluated separately; IBC section 1103.2.13.
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Requiring at least lavatory with enhanced reach ranges in toilet rooms having 6 or more lavatories for accessibility purposes; IBC section 1109.2.3.
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Providing specific provisions on tightness of buildings (air barriers); IECC section 402.4.2.
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Requiring shutoff controls for snow/ice-melting systems serving residential occupancies; IECC section 403.8.
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Specifying the heating of outside spaces to be radiant type and provided with efficiency controls; IECC section 503.2.11.
•
Revising the mechanical ventilation table to provide more detailed occupancy classifications that reflect ASHRAE standard 62 – Ventilation for Acceptable Indoor Air Quality; IMC table 403.3.
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Requiring that make-up air to be provided for domestic kitchen exhaust hoods with capacities of greater than 400 cfm be tied in to operation of hood; IMC section 505.2.
•
Eliminating details on combustion air from within the IMC by deferring to NFPA standard 31 for oil-fired appliances and the manufacturers' recommendations for solid-fuel-fired appliances.
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Expanding the provisions for the piping of hydronic heating systems to reflect newer materials and standards; IMC chapter 12.
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Requiring thermal insulation below radiant floor heating systems; IMC sections 1209.5 to 1209.5.4.
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Establishing bonding/grounding provisions specific to corrugated stainless steel gas tubing (CSST); IFGC section 310.1.1.
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Prohibiting gas piping from entering/exiting a building below grade; IFGC section 404.4.
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Requiring LP-Gas piping to be electrically isolated (dielectric fitting) where the underground piping comes above ground to enter the building; IFGC section 404.8.
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Requiring gas clothes dryer exhaust ducts to be protected from penetration by nails/screws; IFGC section 614.6.3.
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Specifying minimum vertical clearances between gas cooktops and materials or cabinets above; IFGC section 623.7.
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Adding provisions associated with the use of used materials and equipment; IEBC section 104.9.1.
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Clarifying that when undergoing a partial change of occupancy, accessibility will be driven by the alteration provisos found in ss. 605 or 706. ; IEBC section 912.8.1.
Many of the current Wisconsin modifications under the WCBC are proposed to be repealed because of changes in the 2009 editions of the ICC codes. Minor amendments, including renumbering, are being made to several Wisconsin modifications to reflect changes in the 2009 IBC codes.
The proposed rules include creating some general global modifications that replace various current individual deletions of unnecessary ICC requirements, such as requirements that address (1) designing one- and two- family dwellings; (2) employing special inspectors or obtaining special inspections; (3) obtaining a mandated approval from a local building or fire code official; and (4) building in flood-hazard areas. Other proposed Wisconsin modifications include:
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Modifying the provisions for firewalls or division walls separating townhouses for the purpose of allowing sprinkler protection in accordance with NFPA standard 13D; s.
Comm 62.0903 (5).
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Extending an automatic sprinkler exemption for small R-2 multifamily dwellings to other small residential buildings, such as cabins at summer camps; s.
Comm 62.0903 (5) (d).
•
Revising the sprinkling requirements for townhouses with less than 20 units to reflect the changes in the latest edition of the
International Residential Code®; s.
Comm 62.0903 (5) (d).
•
Eliminating the required international symbol accessibility signage for assigned parking serving a residential apartment building; s.
Comm 62.1103.
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Extending the modified uniform live loads for attics in townhouses to attics in all residential occupancies; s.
Comm 62.1607.
•
Codifying additional criteria for ground improvement methods relating to foundations and floor slabs, such as for Geopier
® systems; s.
Comm 62.1804.
•
Reducing presumptive load-bearing values by
½
for saturated soils; s.
Comm 62.1806.
•
Alerting building owners or occupants to the heating assumption for frost-protected shallow foundations; s.
Comm 62.1809.
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Requiring an elevator car that accommodates an ambulance stretcher for fire department emergency access in defined buildings; s.
Comm 62.3002.
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Exempting the need for econonmizers for package RTU's 33,000 BTU/hr and larger; s.
Comm 63.0503.
•
Clarifying the exemption of an economizer for a closed circuit cooling tower heat pump system, s.
Comm 63.0503.
•
Providing alternative mechanical ventilation table and provisions, Comm Table 64.0403.
•
Clarifying maintenance requirements for smoke alarms; s.
Comm 66.0503.
Comparison with federal regulations
General Building Code
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Code of Federal Regulations — An Internet-based search for “federal commercial building code" and “building code regulations" in the Code of Federal Regulations (CFR) did not identify any federal regulations pertaining to these topics.
•
Federal Register — An Internet-based search for “federal commercial building code" and “building code regulations" in the 2005 to 2010 issues of the Federal Register did not identify any proposed federal regulations pertaining to these topics.
Energy Conservation Requirements
•
Code of Federal Regulations — The portion of the CFR relating to energy conservation for commercial buildings and facilities is found under
10 CFR 420–State Energy Program. The purpose of this regulation is to promote the conservation of energy, to reduce the rate of growth of energy demand and to reduce dependence on imported oil through the development and implementation of comprehensive state energy programs. This regulation initially required that each state's energy conservation rules for new buildings be no less stringent than the provisions of the 1989 edition of ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings.
•
Federal Register — According to the January 23, 2009, Federal Register, the Department of Energy (DOE) is determining if ANSI/ASHRAE/IESNA Standard 90.1–2007 would save energy in commercial buildings. DOE is doing a comparative analysis of the 2007 edition of that standard to the 2004 edition. The 2009 edition of the IECC energy conservation requirements for commercial buildings, which the proposed rules would adopt by reference, reflect the 2007 edition of the ASHRAE 90.1 Standard.
Accessibility Requirements
•
Code of Federal Regulations — The portions of the CFR relating to accessibility in commercial buildings and facilities include the following:
1.
28 CFR 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services.
2.
28 CFR 36 — Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities.
3.
24 CFR 40 — Accessibility standards for design, construction, and alteration of publicly owned residential structures.
4.
24 CFR 41 — Policies and procedures for the enforcement of standards and requirements for accessibility by the physically handicapped.
Both
28 CFR 35 and
28 CFR 36 require public buildings and commercial facilities — including government- owned and -operated buildings and facilities — be designed, constructed and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). The purpose of
24 CFR 40 and
24 CFR 41 is to provide technical guidance on the design and construction of dwelling units as required by the federal Fair Housing Amendments Act of 1988.
The intent of the IBC and the amendments included under chapter Comm 62 is to ensure the Wisconsin construction requirements related to accessibility are equivalent to these applicable federal laws and regulations.
•
Federal Register — Proposed federal regulations and amendments to established federal regulations for accessibility are found in the following issues of the Federal Register:
1. October 24, 2008 — Design and Construction Requirements; Compliance with ANSI A117.1 (2003) Standards.
2. August 5, 2005 — ADAAG; Corrections.
3. December 7, 2009 — Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities.
4. March 23, 2007 — ADAAG Supplementary Material.
5. November 23, 2005 — ADAAG Public Rights-of-Way.
6. April 17, 2006 — Multifamily Building Conformance with the Fair Housing Accessibility Guidelines: Improving the Methodology.
The ICC is actively monitoring the proposed changes to the federal standards affecting accessibility and will include these changes in future editions of the IBC and the corresponding ICC/ANSI A117.1–Accessible and Usable Buildings and Facilities Standard.
Comparison with rules in adjacent states
An Internet-based search of the four adjacent states found the following regulations that include similar requirements relating to public buildings and places of employment:
Illinois:
Illinois does not administer a statewide building code.
Iowa:
The Iowa Department of Public Safety administers the Iowa State Building Code. Effective January 1, 2010, the department adopted the 2009 editions of the IBC, IMC, IEBC and IECC with Iowa amendments.
Michigan:
The Michigan Department of Labor and Economic Growth administers the Michigan construction codes, which adopt by reference the 2006 editions of the IBC, IMC and IEBC with amendments. The 2009 Michigan Building, Residential, and Rehabilitation Code for Existing Buildings review process is in progress.
Minnesota:
The Minnesota Department of Labor and Industry administers the Minnesota State Building Code, which adopted the 2006 editions of the IBC, IFGC and IMC.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Commercial Building Code, chapters Comm 61 to 66, has been a review and assessment of the latest editions of the national model codes that serve as the basis for the Wisconsin code. The department's review and assessment process involved the participation and support of 10 advisory councils. The members of the councils represent many stakeholders involved in the building industry, including designers, contractors, developers, regulators, labor, the fire service and the public. (A listing of the councils and the current members is provided at the end of this analysis.)
The department believes that the national model codes reflect current societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of commercial buildings that serve as public buildings and places of employment. The model code organization – International Code Council, ICC – uses a process open to all parties to develop its codes. More information, including background information in the development of the 2009 model code editions, may be found at the ICC web site,
http://www.iccsafe.org.
The review and assessment process for the Commercial Building Code involved an examination of the revisions in the 2009 editions of the IBC, IECC, IMC, IFGC and IEBC. The assessment included the evaluation of the current rules under chapters Comm 61 to 66 that modified these ICC codes. Working with the 10 advisory councils, the department determines if the various technical requirements in the 2009 model codes are reasonable for addressing potential risks or concerns and promoting the public health, safety and welfare. Such determinations are made based upon experience, forecasts, intuition or projection.
Analysis and supporting documents used to determine effect on small business
The department used 10 advisory code councils to analyze and develop the proposed revisions to the Commercial Building Code. The councils involve a variety of organizations whose memberships include many types of small businesses. The department uses these councils to gather information on potential impacts in complying with the technical and administrative requirements of the codes. Council members are responsible for bringing forth the concerns that their respective organizations may have with the requirements including economic impacts. (Copies of the council meetings summaries are available on the Safety and Building Division web site,
http://www.commerce. state.wi.us/SB/SB-CodeCouncilsComBldgSum.html.)
The department also offers an e-mail subscription service to anyone who is interested in rule development and/or council activities. The service provides e-mail notification of council meetings, meeting agendas and council meeting progress reports. Currently, there are about 2,000 subscriptions for information pertaining to the commercial building program.
The department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report is not required pursuant to section
227.137, Stats.
Small Business Impact
Summary
The requirements of the Commercial Building Code impact all businesses, regardless of size, that use public buildings and places of employment in Wisconsin. The codes impact a variety of businesses, including small businesses, particularly those businesses that design, build, or maintain commercial buildings; provide or produce building materials or components; own commercial buildings; or occupy commercial buildings. It is indeterminable how many small businesses may be impacted by the rules in some manner.
The potential effects of the codes occur on two basic levels, administrative and technical. The codes dictate certain administrative procedural requirements that are to be followed to acquire various approvals. For the most part, the codes establish numerous technical standards that are to be adhered to when designing, constructing, using, operating or maintaining a commercial building to protect public health, safety and welfare.
The proposed rule revisions do not substantially modify the current administrative requirements of the Commercial Building Code. Therefore, this type of impact on small businesses will not substantially change.
How the code's technical standards may impact small businesses is dependent upon many variables. The proposed revisions for the Commercial Building Code do not apply retroactively to existing buildings. The proposed revisions would apply when a new building or modification to an existing building is proposed. The various advisory councils did not identify major economic concerns for updating the Commercial Building Code to the latest ICC codes as amended in this proposal.
Regarding s.
227.115, Stats., the department believes the proposed rule changes for the Commercial Building Code will not directly or substantially affect the development, construction, cost or availability of housing.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules will affect any business involved with the ownership, design, construction, maintenance and inspection of public buildings, including multifamily dwellings, and places of employment.
