Chapter 101

101.61(3)(d)3. 3. The structure replaces a structure described in subd. 1.

101.61 History History: 1975 c. 404; 1979 c. 89, 148; 1989 a. 109; 2017 a. 59.

101.61 Annotation The dwelling code applies to additions to buildings initially constructed after the effective date of the one- and two-family dwelling code act. 67 Atty. Gen. 191.

101.615 101.615 Application. This subchapter applies to a dwelling the initial construction of which was commenced on or after December 1, 1978, except as follows:

101.615(1) (1) Section 101.645 applies to a dwelling the initial construction of which was commenced before, on or after May 23, 1978.

101.615(1m) (1m) Section 101.647 applies to a dwelling the initial construction of which was commenced before, on, or after February 1, 2011.

101.615(2) (2) Section 101.653 applies to a dwelling the initial construction of which was commenced on or after May 16, 1992.

101.615(3) (3) Sections 101.65 (1m) and (1r) and 101.654 apply to an application for a building permit filed on or after April 1, 1995, to perform work on a dwelling the initial construction of which was commenced before, on or after December 1, 1978.

101.615 History History: 1989 a. 109; 1991 a. 309; 1993 a. 126; 1995 a. 392; 2009 a. 158; 2013 a. 173 s. 33.

101.615 Cross-reference Cross-reference: See also chs. SPS 320, 321, 322, 323, 324, and 325, Wis. adm. code.

101.62 101.62 Uniform dwelling code council.

101.62(1) (1) Construction standards and rules. The uniform dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions.

101.62(2) (2) Accessibility. The uniform dwelling code council shall study the need for and availability of one- and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one- and 2-family dwellings.

101.62(3) (3) Other matters. The uniform dwelling code council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The uniform dwelling code council shall recommend variances for different climate and soil conditions throughout the state.

101.62(4) (4) Reports. The uniform dwelling code council shall prepare a report that consists of the review required under sub. (1) and the recommendations required under sub. (3) once every 6 years. The council shall complete the first report no later than July 7, 2014.

101.62(5) (5) Building inspector complaints.

101.62(5)(a) (a) In this subsection:

101.62(5)(a)1. 1. “Building inspector” means a person who is certified under rules promulgated by the department to make inspections under this subchapter.

101.62(5)(a)2. 2. “Council” means the uniform dwelling code council.

101.62(5)(a)3. 3. “Permittee” means a person who is issued a building permit under this subchapter.

101.62(5)(b) (b) The council shall review complaints received from permittees concerning possible incompetent, negligent, or unethical conduct by building inspectors. After reviewing a complaint received under this paragraph, the council shall recommend that the department suspend or revoke the certification of a building inspector if the council determines that the building inspector has engaged in incompetent, negligent, or unethical conduct.

101.62(5)(c) (c)

101.62(5)(c)1. 1. If a permittee makes a complaint to the council concerning a building inspector, the permittee may do one of the following:

101.62(5)(c)1.a. a. Request that the complaint remain anonymous, subject to subd. 2.

101.62(5)(c)1.b. b. Allow the complaint to be presented to the building inspector and not remain anonymous.

101.62(5)(c)2. 2. If the permittee chooses to request that the permittee’s complaint remain anonymous, the council may not review the complaint unless the council receives 2 additional anonymous complaints regarding the building inspector. If 2 or more additional complaints are made, the council shall proceed with its review, and none of the complaints may continue to be anonymous.

101.62(5)(c)3. 3. If the permittee allows the permittee’s complaint to be presented to the building inspector without requesting anonymity, the council shall proceed with the review.

101.62(6) (6) Contractors. The uniform dwelling code council shall do all of the following:

101.62(6)(a) (a) Recommend for promulgation by the department rules for certifying the financial responsibility of contractors under s. 101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s. 101.654 and for the suspension and revocation of that certification. The amount of the fees recommended under this paragraph may not exceed an amount that is sufficient to defray the costs incurred in certifying the financial responsibility of applicants under s. 101.654.

101.62(6)(b) (b) Recommend to the department for approval under s. 101.654 (1m) (b) 1. courses that meet continuing education requirements.

101.62(6)(c) (c) Advise the department on the development of course examinations for those persons who are required to pass an examination under s. 101.654 (1m) (b).

101.62 History History: 1975 c. 404; 1991 a. 295; 1995 a. 27; 1999 a. 82; 2013 a. 23; 2015 a. 29; 2017 a. 240 ss. 7 to 16; 2021 a. 238.

101.63 101.63 Departmental duties. The department shall:

101.63(1) (1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 97.01 (1g), except that the rules apply to all of the following:

101.63(1)(a) (a) The 3rd floor level of a bed and breakfast establishment that uses that level other than as storage.

101.63(1)(b) (b) A structural addition that is made to a bed and breakfast establishment that alters the dimensions of the structure.

101.63(2) (2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting building construction, electrical wiring, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10), of one- and 2-family dwellings under sub. (1). The rules shall specify that the department may suspend or revoke the certification of an inspector under this subsection for knowingly authorizing the issuance of a building permit to a contractor who is not in compliance with s. 101.654. Upon receipt of a recommendation of the uniform dwelling code council under s. 101.62 (5) (b) to suspend or revoke the certification of a building inspector, the department shall suspend or revoke the certification if the department determines the building inspector has engaged in incompetent, negligent, or unethical conduct. Persons certified as inspectors may be employees of the department, a city, village, town, county, or an independent inspection agency. The department may not adopt any rule that prohibits any city, village, town, or county from licensing persons for performing work on a dwelling in which the licensed person has no legal or equitable interest.

101.63(2m) (2m) Promulgate rules for certifying the financial responsibility of contractors under s. 101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s. 101.654 and for the suspension and revocation of that certification. The amount of the fees assessed under this subsection may not exceed an amount that is sufficient to defray the costs incurred in certifying the financial responsibility of applicants under s. 101.654.

101.63(3) (3) Contract to provide inspection services, at municipal expense, to any municipality which requires such service under s. 101.65.

101.63(5) (5) Review the rules adopted under this subchapter once every 3 years.

101.63(5m) (5m) Once every 6 years, review those portions of the state electrical wiring code promulgated by the department under s. 101.82 (1) that apply to dwellings. In its review, the department shall consult with the uniform dwelling code council and any council or committee created by the secretary to advise the department regarding the state electrical wiring code.

101.63(6) (6) Issue special orders which it deems necessary to secure compliance with this subchapter and enforce the same by all appropriate administrative and judicial proceedings.

101.63(7) (7) Prescribe and furnish to municipal authorities a standard building permit form for all new one- and 2-family dwellings. On or before January 2, 2017, the department shall furnish to municipal authorities the standard building permit form prescribed under this subsection in electronic form. The standard permit form shall include all of the following:

101.63(7)(a) (a) A space in which the municipal authority issuing the permit shall insert the name and license number of the master plumber engaged in supervising the installation of plumbing or installing the plumbing at a new one- or 2-family dwelling.

101.63(7)(b) (b) A space in which the municipal authority issuing the permit shall insert the name of the person to whom the building permit is issued and the number and expiration date of the certificate of financial responsibility issued to that person under s. 101.654.

101.63(7m) (7m) On or before January 2, 2017, establish by rule a system through which a person may electronically submit an application to a municipal authority for a building permit, through which the person may be issued the building permit in electronic form from the municipal authority, and through which the municipal authority may submit copies of issued building permits to the department. The rule shall prescribe a standard building permit application form that shall be furnished to all municipal authorities and used by all applicants for building permits for new one- and 2-family dwellings, except that the department may approve a municipal authority’s use of a different application form. The rule shall require a municipal authority to use the standard building permit form prescribed under sub. (7), unless the department approves a municipal authority’s use of a different form. A municipal authority shall begin implementation of the system established under this subsection no later than January 2, 2018.

101.63(8) (8) Hear petitions regarding the dwelling code, rules and special orders in accordance with s. 101.02 (6) (e) to (i) and (8).

101.63(9) (9) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.

101.63(10) (10) Assist the uniform dwelling code council in preparing the report as required under s. 101.62 (4).

101.63(11) (11) Develop and maintain computer software available to the public that provides the information, tools, and calculations required for a person to determine whether plans for the construction of, addition to, or alteration of a dwelling comply with the energy efficiency requirements of the uniform dwelling code promulgated under sub. (1).

101.63 History History: 1975 c. 404; 1979 c. 221; 1981 c. 20; 1983 a. 27; 1983 a. 189 s. 329 (8); 1987 a. 343; 1993 a. 26, 126, 414; 1999 a. 9, 135; 2003 a. 90; 2005 a. 25, 200; 2007 a. 67; 2011 a. 78; 2013 a. 23; 2015 a. 29, 49, 55, 211; 2017 a. 59, 68, 240, 365, 366.

101.63 Cross-reference Cross-reference: See also chs. SPS 316, 320, 321, 322, 323, 324, 325, 327, 381, 382, 383, 384, 385, 386, and 387, Wis. adm. code.

101.64 101.64 Departmental powers.

101.64(1) (1) The department may:

101.64(1)(a) (a) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at such hearings.

101.64(1)(b) (b) Except as provided under sub. (2m), at the request of the owner or renter, enter, inspect, and examine a dwelling, dwelling unit, or premises necessary to ascertain compliance with the rules and special orders under this subchapter.

101.64(1)(c) (c) Revise the rules under this subchapter after consultation with the uniform dwelling code council.

101.64(1)(d) (d) Provide for or engage in the testing, approval and certification of materials, devices and methods of construction.

101.64(1)(e) (e) Collect and publish data secured from the building permits.

101.64(1)(f) (f) Adopt rules prescribing procedures for approving new building materials, methods and equipment.

101.64(1)(g) (g) Enter into reciprocal agreements with other states regarding the approval of building materials and methods where the standards of the other state meet the intent of the dwelling code and the rules promulgated under this subchapter.

101.64(1)(h) (h) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants.

101.64(2m) (2m) The department may not inspect a dwelling, dwelling unit, or premises located in a city, village, town, or county that exercises jurisdiction under s. 101.65 (1) (a) or (b) or 101.651 (2m) (a), unless the city, village, town, or county has entered into a contract with the department under s. 101.65 (2) that authorizes the department to conduct the inspection.

101.64 History History: 1975 c. 404; 1993 a. 126; 2005 a. 200; 2015 a. 29; 2017 a. 240, 330.

101.642 101.642 Certain rules prohibited.

101.642(1) (1) The department may not promulgate or enforce a rule that requires that any one-family or 2-family dwelling that uses electricity for space heating be superinsulated.

101.642(2) (2) The department may not promulgate or enforce a rule that requires that any one- or 2-family dwelling contain an automatic fire sprinkler system, as defined in s. 145.01 (2).

101.642 History History: 2007 a. 67; 2015 a. 55.

101.645 101.645 Smoke detectors.

101.645(1) (1) Definition. The definition of “smoke detector” under s. 101.145 (1) (c) also applies to this section.

101.645(2) (2) Approval and installation. A smoke detector required under this section shall be approved and installed as required under s. 101.145 (2) and (3) (a).

101.645(3) (3) Requirement. The owner of a dwelling shall install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain any smoke detector in that unit, except that if any occupant who is not the owner, or any state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that the smoke detector is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.

101.645(4) (4) Inspection. Except as provided under s. 101.64 (2m), the department or a municipal authority may inspect a new dwelling, may inspect the common areas of a dwelling, and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.

101.645 History History: 1977 c. 388; 1983 a. 189 s. 329 (4); 1987 a. 376; 1989 a. 109; 2017 a. 330.

101.645 Cross-reference Cross-reference: See also ch. SPS 328, Wis. adm. code.

101.645 Annotation This section is a safety statute the violation of which constitutes negligence per se. Johnson v. Blackburn, 220 Wis. 2d 260, 582 N.W.2d 488 (Ct. App. 1998), 97-1414.

101.647 101.647 Carbon monoxide detectors.

101.647(1) (1) Definitions. In this section:

101.647(1)(a) (a) “Carbon monoxide detector” has the meaning given in s. 101.149 (1) (am).

101.647(1)(am) (am) Notwithstanding s. 101.61 (1), “dwelling” does not include a tourist rooming house, as defined in s. 97.01 (15k).

101.647(1)(b) (b) “Fuel-burning appliance” means a device that is installed in a dwelling, that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product.

101.647(2) (2) Installation and safety certification. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector.

101.647(3) (3) Requirements.

101.647(3)(a) (a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling’s electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance.

101.647(3)(am) (am)

101.647(3)(am)1. 1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01 (5), the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling’s electrical wiring system, except as provided under subd. 2.

101.647(3)(am)2. 2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance.

101.647(3)(b) (b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.

101.647(4) (4) Inspection. Except as provided under s. 101.64 (2m), the department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect a new dwelling and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.