AB277: Bill Text

"101.132 (2) (b) Remodeling. 1. If more than 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in par. (a), regardless of when the housing was first intended for occupancy.

2. If 25% to 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in par. (a), regardless of when the housing was first intended for occupancy.

3. If less than 25% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in par. (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in par. (a) regardless of when the housing was first intended for occupancy.

4. The department may grant a variance or waiver from the requirements under this paragraph relating to exterior accessibility using the standards and procedures under par. (c)."

The intent of this change is to make Wisconsin statutes relating to qualified historic buildings consistent with the federal fair housing law. The federal Fair Housing Law applies only to buildings which are first occupied after March 31, 1991.

AB277, s. 28 Section 28. 101.132 (2) (e) 3. of the statutes is created to read:

AB277,23,9 101.132 (2) (e) 3. All rules promulgated by the department under this section relating to qualified historic buildings, as defined in s. 101.121 (2) (c), shall comply with and not exceed the requirements of the Fair Housing Act under 42 USC 3601 to 3619 and the Americans with Disabilities Act under 42 USC 12181 to 12189 and regulations adopted under those acts.

Note: This Section provides that all rules promulgated by the department of commerce relating to requirements that housing be accessible to physically disabled persons, as they relate to qualified historic buildings, must comply with and not exceed the requirements of the federal Fair Housing Law and the Americans with Disabilities Act and any regulations adopted under those acts. Under this requirement, the department of commerce would be required to amend its rules so that: (1) if an existing qualified historic building with mixed occupancies is remodeled or added to and the gross interior area of the building after the remodeling or addition is greater than 20,000 square feet, interior circulation between floor levels would not be required; and (2) the state fair housing law would not be applicable to existing qualified historic buildings undergoing a change of use if the building is changed to a covered multi-family housing use and the building is remodeled or added to.

AB277, s. 29 Section 29. 101.19 (1) (intro.) of the statutes is amended to read:

AB277,24,5 101.19 (1) (intro.) The Except as provided in sub. (1m), the department, by rule promulgated under ch. 227, shall fix and collect promulgate rules establishing and providing for the collection of fees which shall, as closely as possible, equal the cost of providing the following services:

AB277, s. 30 Section 30. 101.19 (1m) of the statutes is created to read:

AB277,24,10 101.19 (1m) The department shall waive the fees under sub. (1) (a), (am), (b), (d), and (i) for services relating to any preservation or restoration of a building or structure that is more than 100 years old if the state historic preservation officer certifies to the department all of the following:

AB277,24,12 (a) That the plan for the preservation or restoration of the building or structure complies with the standards promulgated under s. 44.02 (24).

AB277,24,19 (b) That the building or structure is listed on the national register of historic places in Wisconsin or the state register of historic places, is determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places, or is located in a historic district that is listed on the national register of historic places in Wisconsin or the state register of historic places and is certified by the state historic preservation officer as being of historic significance to the district.

Note: Under current s. 101.19, stats., the department of commerce is required to charge fees to recover the costs of services it provides related to plan review and inspection of construction projects that are subject to regulation by the department. The fees include fees for plan review, inspections, variances and copying.

This bill requires the department of commerce to waive those fees for a preservation or restoration project affecting a building or structure that is more than 100 years old. To qualify for the waiver of fees, the state historic preservation officer must certify to the department of commerce that the building or structure is listed on or eligible for listing on the national or state register of historic places and the plans for the preservation or restoration comply with the standards that are applicable to projects that qualify for the income tax credit for historic property renovations.

AB277, s. 31 Section 31. 101.975 (4) of the statutes is created to read:

AB277,25,4 101.975 (4) (a) A political subdivision may adopt an ordinance that permits the political subdivision to grant a variance to the uniform multifamily dwelling code if all of the following apply:

AB277,25,7 1. The ordinance permits only a variance that relates to handrails or guardrails of qualified historic buildings, as defined in s. 101.121 (2) (c), that are converted from single-family dwellings to multifamily dwellings.

AB277,25,11 2. The ordinance requires the owner of a qualified historic building who seeks a variance to provide the political subdivision with evidence that the type, height, and design of the handrail or guardrail proposed for installation is historically appropriate for the owner's building.

AB277,25,15 (b) A political subdivision may grant a variance under an ordinance adopted under par. (a) if the owner seeking the variance provides the evidence required under par. (a) 2. and if the handrail or guardrail installation is at least as protective of public safety as the handrail or guardrail that would otherwise have been required.

Note: Under current law, the uniform multifamily dwelling code [ch. Comm 66] applies to any building or portion of a building which is converted to a multifamily dwelling after April 1, 1995 unless the building is a qualified historic building and the owner elects to be subject to the historic building code. Under s. 101.971 (2), stats., a multifamily dwelling is defined as an apartment building, row house, town house, condominium or manufactured building that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units.

This Section creates s. 101.975 (4) to permit a political subdivision to adopt an ordinance that allows it to grant a variance to the uniform multifamily dwelling code relating to handrails and guardrails of qualified historic buildings that are converted from single-family dwellings to multifamily dwellings. Under the uniform multifamily dwelling code, the top of a handrail must be mounted between 34 and 38 inches above the nosing of the treads on stairways or above the surface of ramps. Guardrails in dwelling units must extend to at least 36 inches above the upper surface of the floor. In nondwelling unit portions, the guardrails must extend at least 42 inches above the upper surface of the floor.

Under the bill, the ordinance must require the owner of the building who is seeking the variance to provide the political subdivision with evidence that the type, height and design of the handrail or guardrail proposed for installation is historically appropriate for the building. Upon the provision of that evidence, the bill provides that the political subdivision may grant a variance to the uniform multifamily dwelling code that permits the owner to install a handrail or guardrail that is at least as protective of public safety as the historically appropriate handrail or guardrail.

AB277, s. 32 Section 32. 254.61 (1) (f) 2. of the statutes is amended to read:

AB277,26,7 254.61 (1) (f) 2. A structural addition, including a renovation, made to a structure that was originally constructed at least 50 years before an initial or renewal application for a permit under s. 254.64 (1) (b) is made and for which no use other than as a bed and breakfast establishment is proposed. The structural addition under this subdivision shall comply with the rules promulgated under s. 101.63 (1) and (1m).

Note: The current statutes define "bed and breakfast establishment" for the purposes of determining the applicability of environmental health regulations, building code requirements and other regulatory provisions. The basic purpose of this definition is to set limits on the kinds of establishments that are deemed to be bed and breakfast establishments and thus are subject to those specific regulations. Establishments that provide food and lodging beyond the scope of the definition of a bed and breakfast establishment are subject to regulation as hotels, restaurants or other similar types of establishments, which in general means that the establishments are subject to the commercial building code and the commercial restaurant regulations.

One requirement of the current statute is that a bed and breakfast establishment must be a place of lodging that has had completed, before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation.

The May 11, 1990 date is the date that this provision first took effect. An exception is provided for structural additions made to a structure that is more than 50 years old, if no other use than as a bed and breakfast establishment is proposed and if the structural addition complies with the uniform one- and 2-family dwelling code. "Including a renovation" is added to make this provision consistent with the rest of the definition.

AB277, s. 33 Section 33. 823.21 of the statutes is amended to read:

AB277,26,13 823.21 Dilapidated buildings declared nuisances. Any building which, under s. 66.0413 (1) (b) 1., has been declared so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has been determined to be unreasonable to repair under s. 66.0413 (1) (b) 1. is a public nuisance and may be proceeded against under this chapter.

Note: The amendment corresponds with the amendment in this bill to s. 66.0413 (1) (b) 1., which includes an explanatory note.

AB277, s. 34 Section 34. Nonstatutory provisions; legislature.

AB277,27,5 (1) Study of rural historic preservation. The joint legislative council is requested to study methods to promote rural historic preservation. If the council undertakes such a study, the council shall report its findings, conclusions, and recommendations to the 2003 legislature when it convenes.

AB277, s. 35 Section 35. Appropriation changes; historical society.

AB277,27,13 (1) Survey of rural historic buildings. In the schedule under section 20.005 (3) of the statutes for the appropriation to the state historical society under section 20.245 (3) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $75,000 for fiscal year 2001-02 and the dollar amount is increased by $75,000 for fiscal year 2002-03 for the purpose of entering into a contract for a survey under section 44.34 (1) of the statutes to identify and document historic properties in rural areas of the state.

Note: Under current law, the state historical society is required to conduct an ongoing statewide survey to identify and document historic properties. This bill increases the appropriation to the state historical society to provide funding to contract for a survey to identify and document historic properties in rural areas of Wisconsin.

Under current s. 44.31 (3), stats., "historic property" is defined as "any building, structure, object, district, area or site, whether on or beneath the surface of the land or water, that is significant in the history, prehistory, architecture, archeology or culture of this state, its rural and urban communities or the nation".

AB277, s. 36 Section 36. Initial applicability.

AB277,27,21 (1) Supplement to federal historic rehabilitation credit. The treatment of sections 71.07 (9m) (c), 71.21 (6), 71.28 (6) (c), and 71.47 (6) (c) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 1 the treatment of sections 71.07 (9m) (c), 71.21 (6), 71.28 (6) (c), and 71.47 (6) (c) of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

Note: Creates a nonstatutory provision that provides that the provisions of the bill relating to eligibility for and distribution of the state supplement to the federal historic rehabilitation income tax credit first apply to taxable years beginning on January 1 of the year after this subsection takes effect.

AB277, s. 37 Section 37. Effective dates. This act takes effect on the day after publication, or on the day after publication of the 2001-03 biennial budget act, whichever is later, except as follows:

AB277,28,7 (1) Supplement to federal historic rehabilitation credit. The treatment of section 71.21 (6) of the statutes takes effect on the first day of the 3rd month beginning after publication, or on the first day of the 3rd month beginning after publication of the 2001-03 biennial budget act, whichever is later.

Note: Creates a nonstatutory provision that provides that s. 71.21 (6), stats., created in this bill, takes effect for partnership agreements for the allocation of the state tax credit for historic preservation executed on the first day of the 3rd month beginning after the date on which this bill or the 2001-03 biennial budget act takes effect, whichever is later.

AB277,28,8 (End)