LRB-4537/2
MED/KRP/MDK:ahe&amn
2017 - 2018 LEGISLATURE
January 31, 2018 - Introduced by Representative Ballweg, cosponsored by Senator
Kapenga, by request of Department of Safety and Professional Services.
Referred to Committee on Regulatory Licensing Reform.
AB904,2,2
1An Act to repeal 97.625 (1) (am), 101.149 (2) (a), 101.149 (2) (b), 101.149 (2) (c),
2101.149 (5) (a), 101.149 (6) (b), 457.09 (3) (b) and 457.16 (3);
to renumber
3101.149 (6) (a);
to amend 97.625 (1g), 101.02 (7e) (a), 101.02 (7e) (b), 101.02
4(7m), 101.02 (7r) (a), 101.02 (7r) (b) (intro.), 101.02 (7r) (b) 2., 101.02 (7r) (c)
5(intro.), 101.02 (7r) (c) 3., 101.02 (7r) (c) 4., 101.02 (7r) (e), 101.149 (1) (am),
6101.149 (5) (intro.), 101.149 (7) and 457.09 (3) (a);
to repeal and recreate
7101.149 (5); and
to create 101.02 (7r) (g), 101.149 (1) (as), 101.149 (2) (ac),
8101.149 (2) (ag) to (ax), 101.149 (2) (d) (title), 101.149 (2) (e) (title) and 101.149
9(3) (am) of the statutes;
relating to: commercial building code administration;
10county authority regarding certain buildings and safety requirements; carbon
11monoxide detection in commercial residential buildings; examination
12requirements for marriage and family therapy, professional counseling, and
1social work credentials; social worker training certificate term; and granting
2rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes changes regarding the following: 1) administration of the
commercial building code; 2) county authority regarding certain buildings and safety
requirements; 3) carbon monoxide detection in commercial residential buildings; 4)
examination requirements for marriage and family therapy, professional counseling,
and social work credentials; and 5) the term of a social worker training certificate.
Commercial building code. The bill requires the Department of Safety and
Professional Services to promulgate rules establishing uniform procedures for a
county, city, village, or town (municipality) to administer the commercial building
code and prohibits a municipality from enacting or enforcing an ordinance that does
not strictly conform to the rules. Under the bill, “administration” includes the
process an owner must follow when applying for a permit for constructing, altering,
or adding to a public building or a building that is a place of employment.
County authority. The bill subjects counties to the same prohibitions and
requirements under current law that apply to cities, villages, and towns with respect
to the following: 1) placement of Christmas trees in the state capitol or a church; 2)
standards for constructing, altering, or making additions to public buildings or
places of employment; and 3) property maintenance codes.
Carbon monoxide detection. The bill changes requirements under current
law regarding carbon monoxide detectors in “residential buildings," which are public
buildings, other than hospitals and nursing homes, that are used for sleeping or
lodging purposes. Under current law, with certain exceptions, prior to occupation of
a residential building, the owner must install carbon monoxide detectors in the
following locations: basements that have a fuel-burning appliance; within 15 feet of
sleeping areas that have a fuel-burning appliance or that are immediately adjacent
to residential units that have a fuel-burning appliance; rooms that are not used as
a sleeping area and that have a fuel-burning appliance; and hallways that lead from
residential units that have a fuel-burning appliance. However, if a residential unit
is not part of a multiunit building, current law allows the owner to install only one
carbon monoxide detector in the unit. The foregoing requirements do not apply to
a residential building that does not have any fuel-burning appliances. Also, the
requirements do not apply if all of the fuel-burning appliances in a building have
sealed combustion units that are either covered by the manufacturer's warranty or
are inspected as provided in rules promulgated by the Department of Agriculture,
Trade and Consumer Protection or the Department of Safety and Professional
Services.
This bill repeals the location requirements described above and imposes
requirements that are similar to those under the International Building Code
adopted by the International Code Council. Under the bill, if certain conditions are
satisfied, the owner of a residential building must provide carbon monoxide detectors
for units. As defined under current law and not affected by the bill, a “unit" is the
part of a residential building that is occupied as a home, residence, or sleeping place.
The bill requires an owner to provide carbon monoxide detectors for a unit that
contains a fuel-burning appliance, which the bill defines as a device that burns fossil
or carbon-based fuel and produces carbon monoxide. In addition, subject to specified
exceptions, the bill requires an owner to provide carbon monoxide detectors for a unit
that satisfies any of the following conditions: 1) the unit is served by a fuel-burning,
forced-air furnace; 2) the unit is located in a building that contains a fuel-burning
appliance; or 3) the unit is in a building with an attached private garage.