LRB-0567/1
KP&ZDW:skw
2023 - 2024 LEGISLATURE
April 20, 2023 - Introduced by
Joint Legislative Council. Referred to Committee
on Housing and Real Estate.
AB199,1,3
1An Act to renumber 101.12 (2); and
to create 101.12 (2) (b) and 101.12 (7) of
2the statutes;
relating to: permission to start construction of a commercial
3building before plan approval.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
Because this bill may increase or decrease, directly or indirectly, the cost of the
development, construction, financing, purchasing, sale, ownership, or availability of
housing in this state, the Department of Administration, as required by law, will
prepare a report to be printed as an appendix to this bill.
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:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council Study Committee on the Commercial Building Permitting Process.
The bill codifies and expands the authority for the Department of Safety and Professional
Services (DSPS) and local units of government to allow a building owner to start
construction of certain building components while a commercial building plan review is
pending.
Administrative rules adopted by DSPS currently allow a building owner who has
submitted commercial building plans for examination by DSPS or a local unit of
government to request permission to start construction of footings and foundations while
plan review is pending. In practice, DSPS issues a “permission to start” letter to convey
approval for this type of construction to begin.
DSPS's rules require a plan reviewer to make a determination on a permission to
start request within three business days after receiving all required documents, plan
review fees, and an additional fee of $75. The rules specify that a building owner who is
granted permission to start construction of footings and foundations may proceed at the
owner's own risk, without assurance that a conditional approval will be granted for the
building. The current statutes do not directly address permission to start construction
while plan review is pending, but they specify that nothing in the section of the statutes
relating to commercial building plan review relieves a building designer of the
responsibility for designing a safe building, structure, or component.
The bill codifies the authority for “permission to start” letters in the statutes and
expands the scope of construction activities that DSPS or a local unit of government may
allow to proceed while plan review is pending. Under the bill, DSPS or a local unit of
government may authorize a building owner to start construction of underground
plumbing and exterior plumbing, in addition to footings and foundations. The bill retains
a building designer's responsibility for designing a safe building, structure, or
component. The bill also specifies that permission to start construction does not relieve
a licensed architect or professional engineer who prepared commercial building plans of
responsibility regarding the plans.
AB199,1
1Section
1. 101.12 (2) of the statutes is renumbered 101.12 (2) (a).
AB199,2
2Section
2. 101.12 (2) (b) of the statutes is created to read:
AB199,2,63
101.12
(2) (b) Permission granted under sub. (7) (a) to start construction of a
4building, structure, or component does not relieve an architect or professional
5engineer authorized to practice under ch. 443 who prepared the plans of the building,
6structure, or component of responsibility regarding the plans.
AB199,3
7Section 3
. 101.12 (7) of the statutes is created to read:
AB199,2,128
101.12
(7) (a) Notwithstanding sub. (2) (a), an owner who submits essential
9drawings, calculations, and specifications under this section may request, and the
10department or a city, village, town, or county authorized to perform examinations
11under this section may grant, permission to start construction for the footings,
12foundations, underground plumbing, and exterior plumbing.
AB199,3,3
1(b) An owner who has been granted permission to start construction under par.
2(a) may proceed at the owner's own risk without assurance that a conditional
3approval for the building will be granted.
