AB929: Bill Text

LRB-4389/1

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2005 - 2006 LEGISLATURE

2005 Assembly BILL 929

January 24, 2006 - Introduced by Representatives Musser, Townsend, Gronemus and Suder, cosponsored by Senators Brown, Zien, Grothman and Reynolds. Referred to Committee on Housing.

AB929,1,4 An Act to renumber 101.615; to amend 59.43 (1) (a), 101.615 (title) and 101.66 (1) and (2); and to create 59.43 (1) (ar) and 101.615 (2m) of the statutes; relating to: construction of one- and 2-family dwellings by dwelling owners who are members of bona fide religious denominations.

Analysis by the Legislative Reference Bureau

Under current law, any one- or two-family dwelling for which initial construction began on or after December 1, 1978, must comply with the one- and two-family dwelling code. Under current law, the Department of Commerce promulgates rules for this code which includes standards for heating, ventilation, plumbing, electricity, and other systems. One- and two-family dwellings for which initial construction began before that date are not covered by this code but are subject to the state electrical and plumbing code and other applicable local building codes.

This bill provides an exemption from the one- and two-family dwelling code for one- and two-family dwellings covered by the code if the dwelling is located in a city, town, or village having a population of 2,500 or less, if the dwelling is constructed or added to by its owner without the use of contractors or subcontractors, and if the owner is a member of a religious denomination that prohibits the use of certain tools, devices, or designs that are necessary to comply with the one- and two-family dwelling code. The bill does not provide any exemption from building codes for a one- and two-family dwelling for which initial construction began before December 1, 1978.

The bill requires an owner of one of these exempt dwellings to record with the register of deeds a statement stating that the dwelling was not inspected for compliance with the one- and 2-family dwelling code. The bill also requires that if a building inspector subsequently inspects the dwelling for compliance with the dwelling code, the owner of the dwelling must record with the register of deeds a statement signed by the inspector as to whether the dwelling was found to be in compliance.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB929, s. 1 Section 1. 59.43 (1) (a) of the statutes is amended to read:

AB929,3,5 59.43 (1) (a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the any grantors, grantees, witnesses and notary. The register of deeds shall record and file or cause to be recorded and filed all plats and certified survey maps that are authorized to be accepted for recording and filing in his or her office. Any county, by a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under ch. 228 may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under sub. (12) (d).

AB929, s. 2 Section 2. 59.43 (1) (ar) of the statutes is created to read:

AB929,3,10 59.43 (1) (ar) Record or cause to be recorded instruments relating to compliance with the one- and 2- family dwelling code pursuant to s. 101.615 (2m) (b) provided the instruments are plainly printed or typewritten and are signed as required under s. 101.615 (2m) (b).

AB929, s. 3 Section 3. 101.615 (title) of the statutes is amended to read:

AB929,3,12 101.615 (title) Application; exemptions.

AB929, s. 4 Section 4. 101.615 of the statutes is renumbered 101.615 (1m).

AB929, s. 5 Section 5. 101.615 (2m) of the statutes is created to read:

AB929,3,19 101.615 (2m) (a) No construction or inspection standard, rule, order, code, or regulation that is adopted, promulgated, enforced, or administered by the department under this subchapter and no enforcement or inspection ordinance or other regulation that is enacted or enforced by the department, a county, or a municipality under s. 101.651 apply to a dwelling if all of the following are satisfied:

AB929,3,20 1. The dwelling is located in a municipality, as defined in s. 101.651 (1).

AB929,3,23 2. The dwelling, or addition to the dwelling, is being constructed by the owner who resides or will reside in the dwelling and who does not engage any contractors or subcontractors for purposes of the construction or addition.

AB929,3,24 3. The owner of the dwelling is a member of a bona fide religious denomination.

AB929,4,4 4. The teachings and beliefs of the bona fide religious denomination specified under subd. 3. prohibit the use of certain products, tools, devices, or designs that are necessary to comply with any such standards, rules, orders, codes, regulations, or ordinances.

AB929,4,14 (b) Upon completion of a dwelling, or an addition to a dwelling, that is subject to the exemption under this subsection, the owner of the dwelling shall record with the register of deeds a signed instrument stating that the dwelling was not inspected for compliance with the one- and 2-family dwelling code. Subsequent to this recording, if the dwelling is inspected by a building inspector who is certified under the rules promulgated under s. 101.63 (2) for compliance with the dwelling code, the owner of the dwelling shall record with the register of deeds an instrument signed by the building inspector in which the inspector attests either that the dwelling is in compliance or that the dwelling is not in compliance and the basis for any determination of noncompliance.

AB929, s. 6 Section 6. 101.66 (1) and (2) of the statutes are amended to read:

AB929,4,18 101.66 (1) Every Except as provided in s. 101.615 (2m) every builder, designer and owner shall use building materials, methods and equipment which are in conformance with the one- and 2-family dwelling code.

AB929,4,20 (2) All inspections under this subchapter shall be by persons certified by the department.

AB929,4,21 (End)