Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE 16-094)
ORDER
An order of the Department of Safety and Professional Services to repeal SPS 314.01 (2) (a) 3. a. and b., 361.02 (4), 361.04 (15), 361.30 (2) (c) (Note), 362.0406, 362.0702 (1) to (4), 362.0706 (2), 362.0707, 362.0708, 362.0716 (2), 362.0903 (5) (c), 362.0904 (1) (Note) and (2) (a), 362.0910, 362.1021 (title) and (1), 362.1022, 362.1101(1) (title) and (2), 362.1104 (1) (title), 362.1104 (2), 362.1109, 362.1210 (intro.) and (2) (title), 362.1509, 362.2103, 362.2900 (3) (b) 1. and 2., 362.2902 (3) and (Note), 362.3004 (title), 362.3400, 362.3500 (3) (b) and (d) and (e) and (f), 363.0503 (3), 364.0306, 364.0407 (title), 364.1500 (2) (b) and (c) and (Note) [2] and [3], 366.0605, 366.0607, 366.0711, 366.0808 and SPS 361 – 366 Appendix A; to renumber SPS 314.01 (2) (a) 3. c. and d., 314.10 (3) (intro), 361.40 (3) (intro), 361 subch. V and subch. VI, 362.0902 (1) (Note), 362.0903(5) (d), 362.1101 (1) (a) and (b), 362.1104 (1), 362.1210 (2) (a) to (c), 362.1809, 362.2900 (3) (b) 3., 362.2902 (2), 362.3002, 364.0202 (1) (c), 364.0607 (1) and (2), and 364.1500 (Note) [4]; to renumber and amend SPS 361.02 (5), 361.41 (1), 362.0202 (1) and (2), 362.0412, 362.0702 (intro.), 362.0705, 362.0716 (title) and (1), 362.0721, 362.1008, 362.1009, 362.1014, 362.1015, 362.1018, 362.1021 (2), 362.1110, 362.1200, 362.1210 (1), 362.1405 (1) and (2), 362.1913, 362.2210, 362.2900 (3) (a), 362.3004 (1) to (3), 362.3006, 363.0202 (2), 363.0401, 363.0403, 363.0405 and (Note), 363.0501 (title) and (intro.) and (1) to (4), 363.0503 (title) and (1) and (2) and (4) to (6), 363.0504 (title) and (1) to (3), 363.0505, 363.0506 (title), (intro.) and (Note), 363.0900, 364.0403 (5) (d) 2. d., 364.0407, 364.0602, 364.1500 (2) (intro.) and (a) and (Note) [1] and [4], 366.0101 (3), 366.0300, 366.0500, 366.0503, 366.0506, 366.0509, 366.0602, 366.0604, 366.0704, 366.0709, 366.0710, 366.0802, 366.0809, 366.0901 (title) and (1) to (4), 366.0911, 366.0912, 366.1002, 366.1101, 366.1105, 366.1301, and 366.1400.; to amend SPS 303.03(2) (a), 314.01 (6) (b) 1., 361.01, 361.02 (1) and (2) and (3) (intro.) and (d) 1. and (h), 361.03 (1) (a) and (c) and (2) and (3) (a) and (5) (a) 1. and 2. and (b) 1. and 2. and 3.c. and 4. and (6) and (Note) and (7) (intro.) and (8) (intro.) and (9) (intro.) and (10) (intro.) and (11) (intro.) and (12) (b) and (13) and (14) and (15) (intro.) and (f), 361.04 (intro.) and (3) and (5) and (7) and (8) and (10) and (11) and (Note), 361.05 (1) to (5) and (Note), 361.20 (1), 361.22, 361.30 (1) (a) and (1) (b) (Note) and (2) (a) to (d) and (4) (a) and Table 361.30-1, 361.31 (1) (b) 2. (Note) [2] and (2) (d) and (e) and (3) (b) and (c) and (4) (a) 1., 361.33, 361.35, 361.36 (1) (f) and (2) (a), 361.40 (1) (a), 361.41 (2) (d) 1. and (3) and (Note), 361.50 (1) (a) and (b) 1. and (2) (a) and (b) 1. and (3) (a) and (g) and (4) (b) 2. and (c) and (f) and (5) (a) 1. and (b), 361.51 (title) and (1) and (2) (a) and (3) and (4), 361.60 (2) (a) 3. and 4. and (2) (b) 3. and (c) 2. and (3) (a) and (4) and (5) (c) 3. and (e) 4. and (f) 1. (intro.) and (g) (intro.) and (6) (intro.) and (a), 361.61 (2) (a) 4. and 5. and (2) (b) 4., 362.0100 and (Note), 362.0202 (3), 362.0400 (2) (a) (Note) and (4), 362.0415 (1), 362.0901 (2) (Note), 362.0902 (intro.) and (1), 362.0902 (2), 362.0903 (5) (b) 1., 362.0903 (10) (b) 1., 362.0904 (2) (b) 1. b., 362.0907 (2) (Note) and (4), 362.1004, 362.1101 (title), 362.1103 (intro.), 362.1200 (2) (a) 5. b., 362.1505, 362.1604, 362.1607 (1) and Table 1607.1 and (2), 362.1608 (2) (a) and (b), 362.1613, 362.1700, 362.1802, 362.1810 (5), 362.2303, 362.2304, 362.2902 (1) (a) 1. to 2., 362.3001 (1), 362.3100, 362.3103, 362.3200, 362.3500 (3) (intro.) and (Note), 362.3600, 363.002 (1) and (2), 363.0100 (Note), 363.0101, 363.0202 (1), 363.0303 (intro.) and (2) (a) 1. to 4., 364.0202 (1) (d), 364.0300 (1), 364.0301 (1) to (3), 364.0309 (1), Table 364.0309 and (Note), 364.0312 (Note), 364.0401 (4) (b), Table 364.0402, 364.0403 (5) (d) 1. and (6), Table 364.0403 and (Notes), 364.0502 (2) (Note), 364.0507 (1) and (2), 364.0801 (2) and (2) (Note), 365.0621, 365.0800, 366.0101 (1), and 366.0101 (4) (b) and (c); to repeal and recreate SPS 361.30 (1) (b), 362.3002 (title), and 364.0404; to create SPS 314.10 (3) (a), 361.03 (5) (a) 1. (Note) and 361.03 (5) (b) 5. and (14) (Note), 361.04 (1g) and (1r), 361.04 (3m) and (3m) (Note), 361.04 (13m) and (15m) and (16), 361.30 (5), 361.31 (2) (e) 3, 361.36 (1) (g), 361.40 (3) (b), 361.41 (1) (a) and (b), 361 subch. V, 361.51 (8), 362.0202 (1) (b) and (c) and (2) (b) to (h) and (h) (Note) and (i), 362.0306, 362.0308, 362.0412 (2), 362.0423, 362.0504, 362.0506 and (Note), 362.0509, 362.0705 (2), Table 362.0705-2, 362.0713, 362.0717 (1), 362.0903 (5) (b) 1. (Note) [1] and [2] and (12) to (18), 362.0904 (1) (title) and (2) (title) and (2) (c) and (3) and (3) (Note), 362.0907 (2m) and (5), 362.1006 (title) and (4) and (5), 362.1009, 362.1010 (3), 362.1011 (2), 362.1013, 362.1015, 362.1029, 362.1107 (4), 362.1203, 362.1210 (2m), 362.1405 (1m), 362.1503, 362.1809 (2), 362.2510, 362.2902 (1) (e) and (2) (b), 362.3003, 362.3005 (4m), 363.0202 (2) (a) and (b), 363.0401(2) to (5), 363.0402, 363.0403 (6) to (11), 363.0404 (4) and (5), 363.0405 (3), 363.0406, 363.407(1) and (2) and (2) (Note), 363.0408, 363.0502, 363.0503, 363.5101, 363.5202, 363.5302, 363.5303, 363.5402, 363.5403 (3), 363.5404, 363.5502, 363.5503, 363.5600, 364.0001 (2) and (3), 364.0101, 364.0202 (1) (b) and (e) and (f) and (Note), 364.0309 (3), 364.0401 (2) (c) and (4) (e), 364.0403 (5) (d) 4. and (7), 364.0501 (6), 364.0505, 364.0507 (3), 364.0602 (1), 364.0607 (1m) and (2m), 364.0701, 364.0802, 364.1500 (2m) and (3) and (3) (Note) [1], 365.0304, 365.0502, 366.0101 (3) (b), 366.0202 (2) (c), 366.0701, 366.0704, 366.0705, 366.0902, 366.0903, 366.0904, 366.1102 (title) and (1), 366.1204, and 366.1401 (4), relating to the construction, alteration, repair, maintenance, and inspection of Wisconsin commercial buildings and affecting small business.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Sections 101.02 (15) (j), 101.023, 101.025, 101.027 (2), 101.12, and 101.13, Stats., which relate to standards for the approval, construction, alteration, addition to, repair, maintenance, and inspection of public buildings and places of employment and components. Explanation of agency authority:
Section 101.02 (1), Stats. - “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), Stats. - “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 101.025, Stats. - Establishes requirements for standards for ventilation in public buildings and places of employment. Section 101.027 (2), Stats. - “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 101.132 (2) (c) 1., Stats. - “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 (4) (a), Stats. - “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), Stats. - “The department shall…promulgate rules that establish standards for the construction of multifamily dwellings and their components.” Related statute or rule:
N/A
Plain language analysis:
Chapters SPS 361 to 366, also commonly referred to collectively as the “Wisconsin Commercial Building Code”, contain standards for the design, construction, use, maintenance, alteration, and inspection of public buildings, as defined in s. 101.01 (11), Stats., and places of employment, as defined in 101.01(12). This rule revision modernizes standards for Wisconsin’s commercial buildings. This revision updates outdated references to model building codes and other standards incorporated by reference throughout chs. SPS 361 to 366. This update is necessary to keep Wisconsin’s commercial building code consistent with regional and national construction and fire prevention practices and standards and with legislation enacted since the previous update of the commercial building code. This rule revision also meets requirements under ss. 101.027 (2) and (3), Stats., that the department review energy conservation standards. Adoption of 2015 Model Building Codes
Chapters SPS 361 to 366 currently incorporate the 2009 edition of relevant model building codes produced by the International Code Council (ICC)®. This rule revision updates the model building codes to the 2015 edition, bringing Wisconsin into alignment with current building practices and technologies. Chapters SPS 361 to 366 contain further provisions that modify each model code to adapt the code to Wisconsin’s unique public safety and building needs. This rule revision incorporates the 2015 edition of the following model building codes: • The International Building Code®, with modifications in ch. SPS 362. • The International Energy Conservation Code®, with modifications in ch. SPS 363. • The International Mechanical Code®, with modifications in ch. SPS 364. • The International Fuel Gas Code®, with modifications in ch. SPS 365. • The International Existing Building Code®, with modifications in ch. SPS 366. To develop this rule revision, the Wisconsin Commercial Building Code Council reviewed significant changes in each of the model building codes from the currently adopted 2009 edition to the 2015 edition, including the 2012 edition that Wisconsin did not adopt in the interim. The Council recommended changes to chapters SPS 361 to 366 based on their review.
The department also reviewed significant changes to the model building codes to identify requirements that could impose an undue financial burden that do not appear to be offset by improved life-safety or cost savings. Consequently, the department accepts approximately 95% of the revisions included in the 2015 editions of the model building codes, along with the recommendations made by the Commercial Building Code Council. The department proposes to retain the 2009 model building code requirements for approximately 30 out of the 750 significant changes that were reviewed. Although the excluded 2015 model building code provisions are not required under Wisconsin’s revised 2015 commercial building code, individual owners and designers may voluntarily implement a more recent version of the model building codes than what is adopted in Wisconsin’s commercial building code.
Chapter SPS 303 specifies procedures for applying for a variance from a rule administered and enforced by the Department. The rule revision under this chapter removes the requirement for a notarized signature on a petition for variance form submitted to the Department. Chapter SPS 314 pertains to fire prevention and the adoption, application, and modification of the National Fire Protection Agency (NFPA) Fire Code standard. The rule revision under this chapter makes the following changes: • Repeals SPS 314.01 (2) (a) 3. a. and b. relating to rooftop photovoltaic systems.
• Updates SPS 314.01 (6) (b) 1. to incorporate requirements from 2013 Wisconsin Act 270, which states that no city, village, or town may enact or enforce an additional or more restrictive ordinance for a public building or building that is a place of employment. • Updates SPS 314.10 (3) (a) to incorporate requirements from 2015 Wisconsin Act 333 prohibiting the department or a local jurisdiction from promulgating or enforcing a rule related to fire safety that would prohibit placing a Christmas tree in a church. Chapter SPS 361 establishes standards for the administration of the Wisconsin Commercial Building Code, including provisions establishing the scope and application of chs. SPS 361 to 366, administrative procedures related to plan submittal and approval, procedures for submitting petitions for variance, supervision and inspection of construction projects, product and standard review and approval, and standards that allow local jurisdictions to examine building plans and inspect buildings. In general, ch. SPS 361 replaces the administrative provisions found in chapter one of the model building codes. This rule revision makes the following significant changes, among others, to SPS 361: • Updates SPS 361.03 (5) (a) to incorporate requirements from 2013 Wisconsin Act 270, which states that no city, village, or town may enact or enforce an additional or more restrictive ordinance for a public building or building that is a place of employment. • Updates SPS 361.03 (5) (b) 5. to incorporate requirements from 2015 Wisconsin Act 333 prohibiting the department or a local jurisdiction from promulgating or enforcing a rule related to fire safety that would prohibit placing a Christmas tree in a church. • SPS 361.03 (14) updates adoption of individual sections of the International Fire Code®, published by the International Code Council, that are referenced throughout chs. SPS 361 to 366.
