2015 International Property Maintenance CodeIowa:
The State of Iowa imposes a combination of state required codes and locally adopted codes. When municipalities update their codes, they are required to update to the codes adopted by the state. The Iowa Building Code Bureau adopts the IBC, IRC, IMC, IEBC and IECC. The State Fire Marshal adopts the IFC. The Iowa Plumbing and Mechanical Code Advisory Council is responsible for the adoption of the state plumbing code. The state adopted versions of IFC and IECC are required to be enforced for all occupancies statewide by state and local government enforcement agencies. Local jurisdictions have the option of adopting the remaining state adopted codes or a stricter code as determined by the jurisdiction. Consequently, many local jurisdictions have adopted the IPC.
The Iowa Code with amendments is based on the 2015 editions of the International Codes, except for the IMC which is the 2021 edition and the IECC which is the 2012 edition. The state IFC and IECC are required for all construction. Iowa is a home-rule state and there is no law forcing them to update their codes. When they do update their codes, local jurisdictions with populations in excess of 15,000 have the option of adopting the prevailing state adopted codes or a stricter code as determined by the jurisdiction.
Michigan:
The Michigan Construction and Fire Codes are promulgated by the Construction Code Commission and State Fire Safety Board and are evaluated for revisions or modifications every three years (statutorily mandated) except for the residential code, which is on a flexible cycle of every three to six years. Once codes have been passed by those bodies, the regulations must be approved by the state legislature.
The code adoption process follows the I-Code three-year cycle (except for the IRC, which is a 3-6-year flex cycle), with a target effective date in January one year following the release of the new I-Codes. Codes are updated as needed every year.
The current editions of the MI Building, Residential, Mechanical, Plumbing., and Existing Building Codes have not been posted at this time.
Minnesota:
The adopting authority for the Minnesota State Building Code the Minnesota Department of Labor and Industry (DLI), Construction Codes & Licensing Division (CCLD). Jurisdictions that adopt building codes must adopt the Minnesota State Building Code or remain at their present level. CCLD has the authority to develop fire codes but delegates the authority to the State Fire Marshal who appoints a committee of fire chiefs and fire marshals to review and make recommendations for rulemaking. The State Fire Marshal administers the Minnesota Fire Code.
In 2015, the Minnesota Legislature passed a law requiring ICC codes be updated no more than every six years. That restriction does not apply to the codes administered by the authoritative state electrical board, plumbing board and high-pressure piping board.
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 (18), Stats, and includes 11 members from different areas affected by the commercial building code. 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 February 2021, 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. Standards incorporated by reference in the proposed rule have been submitted to the Attorney General for approval pursuant to s. 227.21 (2), Stats. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rule was posted on the Department of Safety and Professional Services’ website for 60 days in order to solicit input from small businesses, local units of government, and individuals for use in completing the economic impact analysis. The following comments were received:
-- Gail Nordheim from 350 Wisconsin:
"350 Wisconsin is a part of an international coalition of organizations seeking to make transformational progress toward environmental justice and toward solving our planet’s climate crisis. Building decarbonization is central to 350 Wisconsin’s mission. The Department of Energy states that commercial buildings generate 16% of all U.S. carbon dioxide emissions. Therefore we applaud the Department of Safety and Professional Services in their efforts to update the commercial building codes now under review. These updates will reduce emissions. By adopting this version of the code the state agency is doing the right thing as this code update puts Wisconsin on the path to being a regional leader.
The economic impact of the updated codes is clear. A 2019 analysis by the Midwest Energy Efficiency Alliance indicated that if Wisconsin updated to the 2018 International Energy Conservation Codes (IECC), it would save 15% of energy costs based on a weighted average of all building types. This would result in a first year savings of $2,700,000 based on commercial construction levels in Wisconsin. The proposed codes move Wisconsin to the 2021 IECC for even greater savings.
Updating Wisconsin’s Commercial Energy Code would lead to substantial positive economic impacts including but not limited to:
1. High-quality job creation in construction-related industries;
2. Reduction in utility bills for consumers whereby energy cost savings can lead to more disposable income for people to use in the wider economy;
3. Health cost savings and improved occupant health and comfort;
4. Reduction in electricity use;
5. Cost-effectiveness in construction, cheaper to build to the most updated code when looking at the life cycle cost;
6. Greater building resilience following extreme weather events;
7. Ability to market buildings as healthier with lower utility costs to businesses/tenants; and
8. Greater access to federal funding opportunities regarding codes and energy efficiency.
If we were to enact codes that match the 2021 standards, we could save up to 30% more energy, which could result in $170 million in savings for Wisconsinites by 2030. Updating codes would result in energy savings, monetary savings, more resilient towns and cities, more jobs and put money back into consumer's pockets."
-- Justin Koscher from Polyisocyanurate Insulation Manufacturers Association (PIMA):
"The Polyisocyanurate Insulation Manufacturers Association (PIMA) is writing in support of the proposed rule updating Wisconsin’s commercial building energy code (chapter SPS 363), which is part of the Department’s larger update to the Commercial Building Code, chapters SPS 361-366. Adopting this draft rule will bring the State’s commercial building energy code in line with the 2021 International Energy Conservation Code (IECC) and fulfills a key recommendation from the Governor’s Task Force on Climate Change. Also, we applaud the State for removing the weakening amendments adopted in prior code adoption cycles that had the effect of diluting the energy code’s effectiveness in reducing energy waste and building operating costs. Keeping the State’s energy code updated to the current version of the IECC is an important and cost-effective policy for addressing the negative economic and environmental impacts caused by building energy waste – a sector that is responsible for 40% of total U.S. energy use. This practice will help Wisconsin achieve a range of benefits, including:
• Reduced air pollution;
• Consumer and business cost savings;
• Increased flexibility and reliability of our energy system and grid;
• Reduced peak energy demand; and
• Improved energy productivity.
Maintaining the State’s energy code to current standards ensures that Wisconsin will benefit from the regular improvements in construction practices and component technologies. This is especially true for commercial buildings where the relatively fast pace of innovation has resulted in significant energy savings over the last several code cycles. Under the 2021 IECC, the average energy use intensity of commercial buildings in Wisconsin will improve by approximately 9% compared to the current State code.
For every model code update, the Pacific Northwest National Laboratory and U.S. Department of Energy provide state-specific data on energy savings and incremental construction costs illustrating that building owners and occupants (and the State as a whole) quickly benefit from the adoption of the IECC without weakening amendments. The simple pay-back for the 2018 IECC and 2021 IECC in Wisconsin is two years and immediate, respectively."
-- Eric Lacey from Responsible Energy Codes Alliance (RECA):
"The Pending Rule updating the Wisconsin Commercial Building Code would generate positive energy and cost savings for the owners and occupants of commercial buildings statewide and would help Wisconsin achieve meaningful greenhouse gas reduction in a cost-effective manner. We urge the Department to move quickly to finalize this rule and to continue to improve both commercial and residential statewide energy codes going forward. RECA’s members and supporters have been involved in energy code development and adoption for over twenty years, and we offer our assistance and experience as you work to maximize building energy efficiency."
-- Ben Rabe from New Buildings Institute (NBI):
"NBI is a national non-profit supporting better buildings that reduce energy use and carbon emissions through research, policy guidance and market transformation. We pride ourselves on technical expertise in cost-effective, scalable technologies that reduce energy use and carbon emissions in buildings in both the residential and commercial sectors. NBI urges to fully adopt the 2021 IECC commercial provision, which also apply to large multifamily buildings.
Wisconsin’s current commercial energy code is based on the 2015 IECC and ASHRAE 90.1-2013 and was adopted in 2018. Since then, other Midwestern states such as Illinois, Minnesota, and Michigan have begun the process to adopt the 2021 IECC or equivalent as their commercial energy code. The 2021 IECC is a clear and substantial improvement over the 2015 version and will provide a range of energy efficiency, comfort, resiliency, and environmental benefits for the owners and occupants of commercial and large multifamily buildings in Wisconsin. A recent study by the U.S. Department of Energy (DOE) indicates that if Wisconsin updates from the 2015 IECC to the 2021 IECC, Wisconsin residents would experience the following savings:
• $0.055 per square foot in annual savings
• $1.144 per square foot decrease in construction costs
• $3.23 per square foot in life-cycle cost savings over a 30-year period
• 5.3 metric ton reduction in statewide CO2 emissions by 5.3 over a 30-year period
Additionally, these changes to the energy code will help the State meet the goal for all electricity consumed within the state to be 100 percent carbon-free by 2050 outlined in the Clean Energy Plan. For these reasons, NBI encourages Wisconsin to move forward with the adoption of the 2021 IECC commercial provisions."
-- Stacey Paradis from Midwest Energy Efficiency Alliance (MEEA):
"Thank you for the opportunity to provide comments on the adoption of the 2021 International Energy Conservation Code (IECC) for commercial buildings. The Midwest Energy Efficiency Alliance (MEEA) is a member-based non-profit organization serving as a collaborative network, promoting energy efficiency to optimize energy generation, reduce consumption, create jobs and decrease carbon emissions in all Midwest communities. MEEA has previously worked in Wisconsin on energy codes and provided technical assistance to the Wisconsin Department of Safety and Professional Services in previous energy code adoption cycles.
MEEA supports the current Wisconsin Commercial Building Code draft rules published for public comment. Updating the statewide commercial energy code to the 2021 IECC would not only improve building efficiency, create more comfortable and healthier indoor environments and result in greater building resilience, but it would also provide numerous economic benefits to Wisconsin’s residents and business owners.
Adopting the 2021 IECC will reduce energy use and costs for Wisconsin residents and business owners, provide the state with health cost savings, create jobs and allow Wisconsin to access future federal funding for energy code and energy efficiency advancements. In order to realize greater economic, resilience and health benefits, MEEA strongly encourages Wisconsin to adopt the 2021 IECC for commercial buildings."
The Department evaluated whether the rules would have an environmental impact and concluded that the rules do not result in any possible significant, adverse environmental or social impacts. Therefore, preparation of an environmental assessment or environmental impact statement under Wisconsin Stat. § 1.11 was not necessary. The Council completed an evaluation of the potential impact on housing under Wisconsin Stat. § 227.115 and concluded the rules do not impact housing. Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
