STATE OF WISCONSIN
Department of Saftey and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Department of Safety and Professional Services to amend SPS 320 relating to electronic notification.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute. Sections 101.92 (intro.) and (3) require the department to review annually the rules adopted under this subchapter. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Related statute or rule:
Various other rules promulgated by the Department in SPS 320 address the inspection of one- and two-family dwellings.
Plain language analysis:
Currently, provisions in SPS 320 require building inspectors to post notices of compliance or non-compliance with the Uniform Dwelling Code at the job site. These revisions allow the building inspectors to deliver these notices electronically if mutually agreed upon by the applicant and inspector.
Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations do not provide provisions for inspection of one- and two-family dwelling construction other than those for Housing and Urban Development (HUD) and Veterans Administration (VA) housing projects. HUD Construction Inspection Reports are required to be filed as hard copies. VA housing Compliance Inspection Reports are also required to be hard copies. No proposed federal regulations were found relating to inspections of homes.
Comparison with rules in adjacent states:
Illinois: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Iowa: An internet based search revealed that the Iowa Building Code adopts the 2009 International Residential Code (IRC) and 2009 International Energy Conservation Code (IECC). The Iowa Building Code applies statewide to state owned and funded buildings. The IRC does not regulate the method of delivery for notices of compliance or non-compliance.
Michigan: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission’s General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code developed by the International Code Council. The IRC does not regulate the method of delivery for notices of compliance or non-compliance.
