ONE- AND 2-FAMILY DWELLING CODE
101.60
101.60
Purpose. The purpose of this subchapter is to establish statewide construction standards and inspection procedures for one- and 2-family dwellings and to promote interstate uniformity in construction standards by authorizing the department to enter into reciprocal agreements with other states which have equivalent standards.
101.60 History
History: 1975 c. 404;
1977 c. 369,
447.
101.60 Cross-reference
Cross Reference: See also chs.
Comm 20,
21,
22,
23,
24, and
25, Wis. adm. code.
101.61
101.61
Definitions. In this subchapter:
101.61(1)
(1) "Dwelling" means any building that contains one or 2 dwelling units. "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
101.61(2)
(2) "Owner" means any person having a legal or equitable interest in the dwelling. "Owner" does not include any person whose legal or equitable interest in the dwelling is a security interest derived solely from the extension of credit to permit construction or remodeling of the dwelling or purchase of the dwelling by a 3rd party.
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(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 Cross-reference
Cross Reference: See also chs.
Comm 20,
21,
22,
23,
24, and
25, Wis. adm. code.
101.62
101.62
Dwelling code council; power. The 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. The council shall study the need for and availability of one-family 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-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.
101.625
101.625
Contractor certification council; duties. The contractor certification council shall do all of the following:
101.625(1)
(1) 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 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.
101.625(3)
(3) 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).
101.625 History
History: 1993 a. 126;
2005 a. 200.
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. 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. 254.61 (1), 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(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. 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 which 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) Biennially review the rules adopted under this subchapter.
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 municipalities a standard building permit form for all new one- and 2-family dwellings. The standard permit form shall include 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(9)
(9) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.
101.63 Cross-reference
Cross Reference: See also chs.
Comm 16,
20,
21,
22,
23,
24,
25,
81,
82,
83,
84,
85,
86, and
87, Wis. adm. code.
101.64
101.64
Departmental powers. The department may:
101.64(1)
(1) 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(2)
(2) At the request of the owner or renter enter, inspect and examine dwellings, dwelling units or premises necessary to ascertain compliance with the rules and special orders under this subchapter.
101.64(3)
(3) Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor certification council, as appropriate.
101.64(4)
(4) Provide for or engage in the testing, approval and certification of materials, devices and methods of construction.
101.64(5)
(5) Collect and publish data secured from the building permits.
101.64(6)
(6) Adopt rules prescribing procedures for approving new building materials, methods and equipment.
101.64(7)
(7) 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(8)
(8) 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.
101.642
101.642
Certain rules prohibited. 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 History
History: 2007 a. 67.
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. The department or a municipal authority may inspect new dwellings, may inspect the common areas of dwellings 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 Cross-reference
Cross Reference: See also ch.
Comm 28, 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.
101.65
101.65
Municipal authority. Except as provided by
s. 101.651, cities, villages, towns and counties:
101.65(1)(a)
(a) Exercise jurisdiction over the construction and inspection of new dwellings by passage of ordinances, provided such ordinances meet the requirements of the one- and 2-family dwelling code adopted in accordance with this subchapter. Except as provided by
s. 101.651, a county ordinance shall apply in any city, village or town which has not enacted such ordinance.
101.65(1)(c)
(c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under
par. (a) or
(b).
101.65(1)(d)
(d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under
par. (a) or
(b).
101.65(1m)
(1m) May not issue a building permit to a person who is required to be certified under
s. 101.654 unless that person, on applying for a building permit, produces a certificate of financial responsibility issued by the department showing that the person is in compliance with
s. 101.654.
101.65(1r)
(1r) Shall require an owner who applies for a building permit to sign a statement advising the owner that if the owner hires a contractor to perform work under the building permit and the contractor is not bonded or insured as required under
s. 101.654 (2) (a), the following consequences might occur:
101.65(1r)(a)
(a) The owner may be held liable for any bodily injury to or death of others or for any damage to the property of others that arises out of the work performed under the building permit or that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
101.65(1r)(b)
(b) The owner may not be able to collect from the contractor damages for any loss sustained by the owner because of a violation by the contractor of the one- and 2-family dwelling code or an ordinance enacted under
sub. (1) (a), because of any bodily injury to or death of others or damage to the property of others that arises out of the work performed under the building permit or because of any bodily injury to or death of others or damage to the property of others that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
101.65(2)
(2) Shall contract with the department for those inspection services which the municipality does not perform or contract for under
sub. (1) (a) or
(b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to
s. 101.63 (9).
101.65(3)
(3) Shall use the standard building permit form prescribed and furnished by the department and file a copy of each such permit issued with the department.
101.65 Cross-reference
Cross Reference: See also s.
Comm 20.06, Wis. adm. code.
101.65 Annotation
Municipalities may contract with independent contractors to provide inspection services under this section. Giffin v. Poetzl, 2001 WI App 207,
247 Wis. 2d 906,
634 N.W.2d 901,
00-2633.
101.651
101.651
Special requirements for smaller municipalities. 101.651(1)(1)
Definition. In this section, "municipality" means a city, village or town with a population of 2,500 or less.
101.651(2m)
(2m) Enforcement options. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under
s. 101.65 (1) (a) or shall exercise the jurisdiction granted under
s. 101.65 (1) (a) jointly under
s. 101.65 (1) (b), unless any of the following conditions are met:
101.651(2m)(a)
(a) The municipality adopts a resolution requesting under
sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a).
101.651(2m)(c)
(c) Under
sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter.
101.651(3)
(3) Departmental and county authority in municipalities; generally. 101.651(3)(a)(a) Except as provided in
par. (b), the department or a county may not enforce this subchapter or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under
s. 101.65 (1) (c) or
ss. 101.63 (9) and
101.65 (2) from a person or municipality making a request under this subsection.
101.651(3)(b)
(b) The department shall provide inspection services and shall enforce this subchapter throughout any municipality that does not exercise jurisdiction under
sub. (2m) and that has not adopted a resolution under
sub. (2m) (a).
101.651(4)
(4) Data relating to housing starts in municipalities. Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.
101.651(5)
(5) Effect of section on certain laws. This section does not affect the applicability of rules or an ordinance adopted under this subchapter to builders, designers and owners of dwellings located in a municipality.
101.653
101.653
Construction site erosion control. 101.653(1)
(1)
Definition. In this section, "best management practices" means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites.
101.653(2)
(2) Soil erosion prevention rules. The department shall promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and 2-family dwellings, subject to all of the following requirements:
101.653(2)(a)
(a) At a minimum, the rules shall require the use of best management practices.
101.653(2)(b)
(b) The rules shall require the use of more restrictive or additional practices on an area with a slope that is greater than 12%.
101.653(2m)
(2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of permits and the collection and distribution of fees.
