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.
101.62
101.62
Uniform dwelling code council; power. 101.62(1)
(1) 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) 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) 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) 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.
101.625
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. 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. 254.47 [
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 Note
Note: Sub. (1) (intro.) is shown as affected by
2015 Wis. Acts 49 and
55 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The “dwelling code council" was renamed the “uniform dwelling code council" by
2015 Wis. Act 29. The correct cross-reference is shown in brackets. Corrective legislation is pending.
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. 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) Review the rules adopted under this subchapter once every 3 years.
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(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 Cross-reference
Cross-reference: See also chs.
SPS 316,
320,
321,
322,
323,
324,
325,
381,
382,
383,
384,
385,
386, and
387, 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 uniform 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. 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(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.
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)(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)(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)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. 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 new 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.
101.647(5)
(5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following:
101.647(5)(a)
(a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.
101.647(5)(b)
(b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling.
101.647(6)
(6) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.
101.647 History
History: 2009 a. 158;
2015 a. 55.
101.647 Cross-reference
Cross-reference: See also ch.
SPS 328, Wis. adm. code.
101.648
101.648
Waiver; smoke detector and carbon monoxide detector requirements; plumbing and electrical standards. 101.648(1)(a)
(a) “Building permit" means a permit that authorizes the construction or occupancy of a one- or 2-family dwelling.
101.648(1)(b)
(b) “Dwelling construction standard" means a requirement imposed under
s. 101.645 (3) or
101.647 (3) or a requirement imposed under any provision of
ch.101 or
145 or under any ordinance of a political subdivision relating to standards for electrical wiring or plumbing in one- and 2-family dwellings.
101.648(1)(c)
(c) “Political subdivision" means a city, village, town, or county.
101.648(2)
(2) Except as provided in
sub. (9), a person who is issued a waiver from a requirement to comply with a dwelling construction standard under this section is not required to comply with that standard.
101.648(3)(a)(a) Except as provided in
par. (b), a person is eligible to obtain a waiver from the requirement to comply with a dwelling construction standard if the person submits a signed application form requesting the waiver to the political subdivision that is responsible for issuing building permits for dwellings. The application shall include an attachment containing the address or other identifying information that describes the location of the dwelling and specifying the dwelling construction standard from which the person seeks a compliance waiver.
101.648(3)(b)
(b) If the department issues building permits for dwellings in a political subdivision, a person applying for the waiver shall submit the application to the department.
101.648(4)
(4) The department shall prescribe and furnish a waiver application form to each political subdivision that issues building permits for dwellings. The form shall be written in simple and plain language and shall list, in a check-off format, each of the following statements:
101.648(4)(a)
(a) The person's religious beliefs and the established tenets or teachings of the religious sect of which the person is a member conflict with one or more dwelling construction standards.
101.648(4)(b)
(b) The dwelling for which the waiver is requested will be used solely as a residence for the person or members of the person's household.
101.648(4)(c)
(c) The waiver is requested based upon the long-established tenets and teachings of the religious sect of which the person is a member and the religious sect did not establish these tenets and teachings solely to avoid compliance with dwelling construction standards.
101.648(4)(d)
(d) The person agrees to modify the dwelling for which the waiver is requested to comply with dwelling construction standards if the person ceases to adhere to the tenets or teachings of the religious sect of which the person is a member and upon which the waiver is requested.
101.648(5)
(5) A political subdivision that issues building permits and that receives a completed and signed waiver application form shall promptly issue a waiver to the applicant if all of the following apply:
