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 321 relating to natural light in rooms over garages.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
  Sections 101.92 (intro.) and (3).
Statutory authority:
  Sections 227.11 (2) (a) and 101.92 (intro.) and (3).
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 321 to 325 address construction of one- and two-family dwellings.
Plain language analysis:
  Currently, the Uniform Dwelling Code requires that natural light be provided in habitable rooms above the ground floor. The proposed regulations exempt rooms over garages from this natural light requirement.
Summary of, and comparison with, existing or proposed federal regulation:
  Federal regulations do not provide provisions for construction of one- and two-family dwellings other than those for Housing and Urban Development (HUD) manufactured homes and those related to accessibility. No proposed federal regulations were found specifically related to rooms over garages or natural light provisions.
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 accessibility, energy conservation, and minimum plumbing provisions apply to dwellings statewide. The 2009 IRC requires natural light in all habitable rooms of residences except if certain lighting and mechanical ventilation criteria are met and the room is not used for sleeping.
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