• 2012 International Existing Buildings Code, which is adopted under the Michigan Rehabilitation Code (Construction Code-R408.30551-408.30577)
• 2012 International Mechanical Code, which is adopted under the Michigan Mechanical Code.
Michigan modifies their adoption of the model building codes. For example, according to R 408.30401 of Michigan’s construction code, the state’s adoption of 2012 edition of the International Building Code includes “appendices F, G, and H, except for sections 104.8, 109.2 to 109.6, 114.3, 415.8.2.2 to 415.8.2.9, 415.8.3 Table 1608.2, 2902 to 2902.5, Table 2902.1, 3006.5, the definition of “agricultural building” in section 202, the definition of "recreational vehicle" in Appendix G, and, IECC-2012, IEBC-2012, IMC-2012, IPC-2012, IPSDC-2012, NFPA 70-2011, listed in chapter 35, govern the construction, alteration, relocation, demolition, use, and occupancy of buildings and structures, and, with exceptions noted, the international building code is adopted by reference in these rules.”
Michigan’s proposed rulemaking effort would further exclude 903.2.8.3.1, 903.2.8.3.2 and 903.2.8.4 from their adoption of the 2015 International Building Code. Michigan also proposes accepting the 2015 IECC, except for sections C107.2 to C107.5, C108.2 to C108.4, C301.2, C301.3, C302, C401.2.1 to C408.3.2, C502.2 to C502.2.6.2, C503.2 to C503.6 and they propose accepting the 2013 version of ANSI/ASHRAE/IESNA standard including appendices A, B, C, D, and G, and except for sections 8.4.2, 8.4.3 to 8.4.3.2.
Minnesota
Minnesota has a statewide building code as authorized by Chapter 326B of the Minnesota statutes. The building code is organized and adopts model building codes as follows: • Minn. Rule 1300 –Minnesota Building Code Administration - These provisions include administrative procedures and typically replaces chapter one of the model building codes.
• 2012 International Building Code (Minn. Rule 1305-Minnesota Building Code) - The Minnesota Building Code incorporates the 2012 International Building Code, with amendments. Minnesota has adopted chapters 2 through 33 and 35. They have adopted amendments to chapters 11 related to accessibility requirements and chapter 30 related to elevators into Minn. Rule 1341 and 1307. They have also deleted seismic and earthquake provisions of the IBC. Other modifications include changes to certain occupancy classifications, rules related to malls, revisions to automatic sprinkler requirements, and modifications to duct construction and installation requirements, among others.
• 2012 International Existing Building Code (Minn. Rule 1311-Minnesota Conservation Code for Existing Buildings) - The Minnesota Conservation Code for Existing Buildings incorporates the 2012 International Existing Building Code, with amendments that do not adopt certain provisions related to accessibility requirements in existing buildings.
• 2012 International Energy Conservation Code (Minn. Rule 1323-Commercial Energy Code) –The Minnesota Commercial Energy Code incorporates the commercial provisions only of the 2012 International Energy Conservation Code, with amendments that include modifications to building envelope requirements related to insulation requirements for roof placement, air barrier construction, stairway and shaft vents, and outdoor air intakes and exhausts, among others; building mechanical systems; exhaust air energy recovery requirements including modifications to piping insulation and allowable fan motor horsepower requirements, among others. Minnesota adopts C408 related to building commissioning, with exemptions for certain mechanical systems.
• 2012 International Mechanical Code (Minn. Rule 1346-Minnesota Mechanical Code) - The Minnesota Mechanical Code incorporates the 2012 International Mechanical Code, chapters 2 through 15 as amended and the 2012 International Fuel Gas Code, chapters 2 through 8 as amended. The Mechanical Code contains numerous modifications to the IMC and IFGC including modifications related to enclosed parking garages, domestic kitchen exhaust appliances, hazardous exhaust systems, duct construction, and installation, among others.
Summary of factual data and analytical methodologies:
This proposed rule was developed in consultation with the Wisconsin Commercial Building Code Council. The Commercial Building Code Council is authorized and created under s. 15.407, Stats. The council’s duties are outlined in s. 101.023, Stats., which states: “The…commercial building code council shall review the rules relating to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. The council shall consider and make recommendations to the department pertaining to these rules and any other matters related to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. In preparing rules under this chapter that relate to public buildings and to buildings that are places of employment, the department shall consult with the commercial building code council.”
Beginning in March 2015, the Wisconsin Commercial Building Code Council held monthly meetings to comprehensively review significant changes adopted in updated versions of the model building codes and other standards incorporated by reference in the rule. The council and the department also reviewed costs associated with updated requirements and commercial building requirements in other states.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 30 days to solicit public comment on economic impact, including how the proposed rules may affect small businesses, local government units, and individuals. Comments were received from three national energy associations recommending the adoption of the 2015 International Codes (ICC) in their entirety without amendments. They suggested that the model codes would decrease the economic impact for building owners and tenants over time. These comments did not affect the department’s analysis of the economic impact of the proposed rules.
With assistance of the members of Commercial Building Code Advisory Committee, the department carefully reviewed the changes in the 2015 model building codes that are anticipated to increase costs or add restrictive requirements. The Department adopted nearly 95% of the 2015 model building codes, which will allow flexibility for owners and designers and minimize the fiscal impact of the new changes contained in the 2015 model building codes.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules effect small businesses, as defined in s. 227.114 (1), Stats. See the attached Fiscal Estimate and Economic Impact Analysis document for additional information. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Mindy Allen, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708; telephone (608) 261-4463; email at DSPSadminrules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
The deadline for comments was February 2, 2017.
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[SEE PDF FOR CORRECT FORMAT]
TEXT OF RULE
SECTION 1.
SPS 303.03 (2) (a) is amended to read:SPS 303.03 (2) (a) A completed and notarized petition for variance form including a clear and concise written statement of the specific provisions of the rule from which the variance is requested along with a specific statement of the procedures and materials to be used if the variance is granted;
SECTION 2.
SPS 314.01 (2) (a) 3. a. and b. are repealed.SECTION 3.
SPS 314.01 (2) (a) 3. c. and d. are renumbered SPS 314.01(2) (a) 3. a. and b.SECTION 4.
SPS 314.01 (6) (b) 1. is amended to read: SPS 314.01 (6) (b) 1. Pursuant to s. 101.02 (7), Stats., a no city, village, or town or local board of health may enact and or enforce an additional or more restrictive local ordinance that establishes minimum standards for constructing, altering, or adding to public buildings and or buildings that are places of employment provided the standards do not conflict with this code. SECTION 5.
SPS 314.10 (3) is renumbered 314.10 (3) (b).SECTION 6.
SPS 314.10 (3) (a) is created to read: SPS 314.10 (3) (a) Pursuant to s. 101.02 (7e), Stats., no city, village, or town may enact or enforce an ordinance related to fire safety that prohibits the seasonal placement of a Christmas tree in a church. SECTION 7.
SPS 361.01 is amended to read:SPS 361.01 Purpose of Code. Pursuant to various statutory provisions under subch. I of ch. 101, Stats., the purpose of this code chs. SPS 361 to 366 is to protect the health, safety, and welfare of the public and employees by establishing minimum standards for the design, construction, maintenance, and inspection of public buildings, including multifamily dwellings, and places of employment. SECTION 8.
SPS 361.02 (1), (2), and (3) (intro.), (d) 1., and (h) are amended to read:SPS 361.02 (1) Except as provided in subs. (2) and (3), this code applies chs. SPS 361 to 366 apply to all public buildings and places of employment. (2) This code does Chapters SPS 361 to 366 do not apply to buildings or situations listed under the exclusions in s. 101.01 (11) and (12), Stats., or under the exemptions in s. 101.05, Stats. (3) (intro.) This code does Chapters SPS 361 to 366 do not apply to all any of the following types of buildings, structures, or situations: (d) 1. A statement is recorded with the register of deeds that describes the steps necessary for compliance to this code with chs. SPS 361 to 366 if the space is converted to a nonexempt use. (h) That portion of or space within a one- or 2-family dwelling in which a home occupation home-based business is located.
