CR 23-007 Rule Text

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.

Effect on small business:

These proposed rules may have an economic impact on small businesses, as defined in s. 227.114 (1), Stats., and will be submitted to the Small Business Regulatory Review Board for a determination on whether the rules will have a significant economic impact on a substantial number of small businesses. The Department’s Regulatory Review Coordinator, Jennifer Garrett, may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Joseph Ricker, Attorney, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Joseph Ricker, Attorney, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before a date to be determined to be included in the record of rule-making proceedings.

------------------------------------------------------------------------------------------------------------

TEXT OF RULE

Section 1. SPS 361.02 (2) (Note), (3) (i), and (Note) are created to read:

SPS 361.02 (2) Note: This includes buildings located on research or laboratory farms of public universities or other state institutions and used primarily for housing livestock or other agricultural purposes under s. 101.05 (1), Stats., and rural school buildings under the conditions set by s. 101.05 (4), Stats.

(3) (i) A “micro school” for 8 or less students for grades pre-k thru and including 12th provided that the school, as established, falls under the scope of ch. SPS 320.02.

Note: The department no longer reviews community based residential facilities (CBRFs). Contact the department of health services (DHS) for submittal requirements.

Section 2. SPS 361.02 (4) is repealed.

Section 3. SPS 361.03 (12) (intro), (a), (13) (b), (14) (intro), (a), (b), (c), (d), and (Note) are amended to read:

SPS 361.03 (12) Temporary use. A municipal fire or delegated building code official authorized by the department may permit a building or structure to be used temporarily by the public, subject to all of the following provisions:

(a) The official shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use. This time frame may not exceed 180 consecutive days, except the official may grant extensions for demonstrated cause.

(13) (b) Existing bleachers, grandstands, and folding and telescopic seating shall comply with IBC section 1029.1.1 s. 1030.1.1.

(14) The 2015 2021 IFC does not apply to chs. SPS 361 to 366 except as follows:

(a)  Design and construction-related requirements shall apply that are addressed in the IFC sections s. 102.6; IFC chapters chs. 2 to 4; IFC sections ss. 501 to 502 and 504 to 510; IFC sections ss. 601 to 605 606 and 607 to 609; IFC chapters chs. 7 and 8; IFC sections ss. 901.1 to 901.4.3, 901.4.5, 901.4.4, 901.4.6 to 909.18.9, and 909.20, 909.22 to 913, 1203, and 1207; IFC chapters chs. 10, 11, 21, and 22; IFC section 2311.7 s. 2311.8, and IFC chapters chs. 24 to 37, 50, 51, 54 to 57, 59, 60, 62 to 67, and 80

(b)  Occupant loads addressed in IFC section 1004.5 s. 1005.6 shall apply but shall be established by the owner rather than designer and approved by the code official.

(c) Construction-related inspections and reports shall apply that are addressed in IFC chapters chs. 2 to 8; IFC sections 901 ss. 901.1 to 901.4.4, 901.4.6 to 909.18.9, and 909.20, and 909.22 to 913; and IFC chapters chs. 10, 11, 21, 22, 24 to 37, 50, 51, 54 to 57, 59, 60, and 62 to 67, but may be performed or compiled by any qualified agency, rather than by a special inspector.

(d) Use and operation provisions shall apply which that are a contingency of design and construction-related requirements and which that are addressed in IFC chapters chs. 2 to 4; IFC sections ss. 501 and 502 and 504 to 510; IFC sections ss. 601 to 605 and 607 to 609 606; IFC chapters chs. 7 and 8; IFC sections ss. 901.1 to 901.4.3, 901.4.5 901.4.4, and 901.4.6 to 909.18.9, and 909.20, 909.22 to 913, 1203 and 1207; and IFC chapters chs. 10, 11, 21, 22, 24 to 37, 50, 51, 54 to 57, 59, 60, 62 to 67, and 80.

Note: A copy of the 2015 2021 IFC may be viewed or acquired at codes.iccsafe.org.