Wisconsin Legislature: SS 043-15

The primary objective of this rulemaking project is to evaluate and update the Wisconsin Commercial Building Code, chapters SPS 361-366. This rulemaking update is intended to keep this Code consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards, and with legislation enacted since the previous update of this Code. The update is also needed in order to meet the content and timeliness requirements for the energy conservation provisions of this Code as established in sections 101.027 (2) and (3) of the Wisconsin Statutes.

In addition, the project is expected to evaluate other administrative codes of the Department that may be affected by this update of the Wisconsin Commercial Building Code, including at least chapters SPS 303, 305, 314, 316, 318, 340, 343, and 345, relating to administrative procedures; licenses, certifications and registrations; fire prevention; electrical; elevators, escalators, and lift devices; gas systems; boilers and pressure vessels; anhydrous ammonia; mechanical refrigeration; rental unit energy efficiency; solar energy systems; cleaning methods for historic buildings; buildings constructed prior to 1914; and plumbing; respectively. This evaluation may result in changes and updates of the rules in these chapters. The objectives of this rule project may be incorporated into one or more rule packages.

2. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

The Wisconsin Commercial Building Code contains standards for the design, construction, use, maintenance, alteration, and inspection of public buildings and places of employment. This Code currently incorporates by reference the 2009 edition of the national-level model building code suite produced by the International Code Council (ICC)®. This suite includes the International Building Code® (IBC®), the International Energy Conservation Code® (IECC®), the International Mechanical Code® (IMC®), the International Fuel Gas Code® (IFGC®), and the International Existing Buildings Code® (IEBC®).

The primary purpose of the codes under consideration is to protect public safety, health, and welfare. Periodic review and update of these codes is necessary to ensure that they still achieve that purpose. In addition, the review and update allows the opportunity to recognize and stay current with new construction products and practices. The review and update under this scope statement will include evaluation of the 2015 edition of the above-mentioned model building code suite for incorporation. The primary alternative would be to not perform this rule-review process. This would reduce the public benefits that would otherwise occur by performing this review.

3. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

Section 101.02 (1) of the Statutes reads, “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.”

Section 101.02 (15) (j) of the Statutes reads, “The department shall ascertain, fix and order such reasonable standards or rules for constructing, altering, adding to, repairing, and maintaining public buildings and places of employment in order to render them safe.”

Section 101.027 (2) of the statutes reads, in part, “The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.”

Section 101.10 (2) of the Statutes reads, “Rules, The department shall promulgate rules that prescribe reasonable standards relating to the safe storage and handling of anhydrous ammonia.”

Section 101.13 (1m) (a) of the Statutes reads, “Except as provided in par. (b), the department shall by rule provide minimum requirements to facilitate the use of public buildings and places of employment by physically disabled persons where traffic might reasonably be expected by such persons”.

Section 101.132 (2) (e) 2. of the Statutes reads, “The department shall promulgate rules establishing minimum accessibility requirements for the design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of par. (c).”

Section 101.132 (2) (c) 1. of the Statutes reads, in part, “The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.”

Section 101.14 (1) (a) of the Statutes reads, “The department may make reasonable orders for the repair or removal of any building or other structure which for want of repair or by reason of age or dilapidated condition or for any other cause is especially liable to fire, and which is so situated as to endanger other buildings or property and for the repair or removal of any combustible or explosive material or inflammable conditions, dangerous to the safety of any building or premises or the occupants thereof or endangering or hindering fire fighters in case of fire.”

Section 101.14 (4) (a) of the Statutes reads, “The department shall make rules, pursuant to ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employees and frequenters of places of employment and public buildings.”

Sections 101.973 (1) of the Statutes reads, “(the department shall) Promulgate rules that establish standards for the construction of multifamily dwellings and their components.”

4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

The Department estimates approximately 2000 hours will be needed to perform the review and develop any needed rule changes. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.

5. List with description of all entities that may be affected by the proposed rule:

The proposed rules may affect any business or other entity involved with the ownership, design, construction, use, maintenance, alteration, or inspection of public buildings – including multifamily dwellings – and places of employment.

6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:

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.

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Federal Register – An Internet-based search for “federal commercial building code” and “building code regulations” in the Federal Register did not identify any proposed federal regulations pertaining to these topics.

Energy Conservation Requirements