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LRB-4090/1
MDK:ahe
2017 - 2018 LEGISLATURE
August 29, 2017 - Introduced by Representatives Jagler, Bernier, E. Brooks,
Gannon, Horlacher, Jarchow, Murphy and Spiros, cosponsored by Senators
Lasee, Nass and Stroebel. Referred to Committee on Regulatory Licensing
Reform.
AB483,1,8 1An Act to repeal 15.405 (1m), 15.407 (11), 101.596 (title), 101.596 (1), 101.596
2(2) and 101.596 (3) (title); to renumber and amend 101.596 (3) and 101.625;
3to amend 101.62 (title) of the statute, 101.63 (2) and 101.64 (3); and to create
4101.62 (1) (title), 101.62 (2) (title), 101.62 (3) (title), 101.62 (4) (title), 101.62 (5)
5(title), 101.62 (5) (a) and 101.62 (5) (b) of the statutes; relating to: eliminating
6the Building Inspector Review Board and the Contractor Certification Council
7and requiring the Uniform Dwelling Code Council to review complaints
8regarding the inspection of one-family or two-family dwelling construction.
Analysis by the Legislative Reference Bureau
This bill eliminates the Building Inspector Review Board and the Contractor
Certification Council and transfers their duties to the Uniform Dwelling Code
Council.
Building Inspector Review Board. Under current law, the Department of
Safety and Professional Services promulgates rules for the certification of persons
who inspect construction of the following: 1) public buildings and places of
employment, which are subject to the Commercial Building Code; and 2) one-family
or two-family dwellings, which are subject to the Uniform Dwelling Code. Current
law requires the Building Inspector Review Board to review complaints and revoke

the certification of a person who inspects either type of construction if the board finds
that the person engaged in incompetent, negligent, or unethical conduct. Current
law also requires the Uniform Dwelling Code Council to make recommendations to
DSPS on certain matters relating to the Uniform Dwelling Code.
This bill eliminates the Building Inspector Review Board and requires the
Uniform Dwelling Code Council to review complaints about a person who inspected
the construction of a one-family or two-family dwelling. Under the bill, if the
Uniform Dwelling Code Council determines that such a person engaged in
incompetent, negligent, or unethical conduct, the bill requires the council to
recommend that DSPS revoke the person's certification. Upon receipt of a
recommendation, DSPS must revoke the certification if DSPS finds that the person
engaged in incompetent, negligent, or unethical conduct.
Contractor Certification Council. Under current law, the Contractor
Certification Council makes recommendations for DSPS to promulgate rules for
certifying the financial responsibility of contractors who obtain building permits for
one-family or two-family dwellings. The Contractor Certification Council also
makes recommendations to and advises DSPS on continuing education and
examination requirements for such contractors. The bill eliminates the Contractor
Certification Council and transfers all of its duties to the Uniform Dwelling Code
Council.
For further information see the state 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:
AB483,1 1Section 1. 15.405 (1m) of the statutes is repealed.
AB483,2 2Section 2. 15.407 (11) of the statutes is repealed.
AB483,3 3Section 3. 101.596 (title) of the statutes is repealed.
AB483,4 4Section 4. 101.596 (1) of the statutes is repealed.
AB483,5 5Section 5. 101.596 (2) of the statutes is repealed.
AB483,6 6Section 6. 101.596 (3) (title) of the statutes is repealed.
AB483,7 7Section 7. 101.596 (3) of the statutes is renumbered 101.62 (5) (c), and 101.62
8(5) (c) 1. (intro.) and a., 2. and 3., as renumbered, are amended to read:
AB483,2,109 101.62 (5) (c) 1. (intro.) If a permittee makes a complaint to the review board
10council concerning a building inspector, the permittee may do one of the following:
AB483,3,1
1a. Request that the complaint remain anonymous, subject to par. (b) subd. 2.
AB483,3,72 2. If the permittee chooses to request that the permittee's complaint remain
3anonymous, the board council may not review the complaint or modify or revoke the
4permit
unless the board council receives 2 additional anonymous complaints
5regarding the inspector. If 2 or more additional complaints are made, the review
6board
council shall proceed with its review, and none of the complaints may continue
7to be anonymous.
AB483,3,108 3. If the permittee allows his the permittee's complaint to be presented to the
9building inspector without requesting anonymity, the review board council shall
10proceed with the review.
AB483,8 11Section 8. 101.62 (title) of the statutes is amended to read:
AB483,3,12 12101.62 (title) Uniform dwelling code council; power.
AB483,9 13Section 9. 101.62 (1) (title) of the statutes is created to read:
AB483,3,1414 101.62 (1) (title) Construction standards and rules.
AB483,10 15Section 10. 101.62 (2) (title) of the statutes is created to read:
AB483,3,1616 101.62 (2) (title) Accessibility.
AB483,11 17Section 11. 101.62 (3) (title) of the statutes is created to read:
AB483,3,1818 101.62 (3) (title) Other matters.
AB483,12 19Section 12. 101.62 (4) (title) of the statutes is created to read:
AB483,3,2020 101.62 (4) (title) Reports.
AB483,13 21Section 13. 101.62 (5) (title) of the statutes is created to read:
AB483,3,2222 101.62 (5) (title) Building inspector complaints.
AB483,14 23Section 14. 101.62 (5) (a) of the statutes is created to read:
AB483,3,2424 101.62 (5) (a) In this subsection:
AB483,4,2
11. “Building inspector" means a person who is certified under rules
2promulgated by the department to make inspections under this subchapter.
AB483,4,33 2. “Council" means the uniform dwelling code council.
AB483,4,54 3. “Permittee" means a person who is issued a building permit under this
5subchapter.
AB483,15 6Section 15. 101.62 (5) (b) of the statutes is created to read:
AB483,4,127 101.62 (5) (b) The council shall review complaints received from permittees
8concerning possible incompetent, negligent, or unethical conduct by building
9inspectors. After reviewing a complaint received under this paragraph, the council
10shall recommend that the department revoke the certification of a building inspector
11if the council determines that the building inspector has engaged in incompetent,
12negligent, or unethical conduct.
AB483,16 13Section 16. 101.625 of the statutes is renumbered 101.62 (6), and 101.62 (6)
14(intro.) and (a), as renumbered, are amended to read:
AB483,4,1715 101.62 (6) Contractor certification council; duties Contractors. (intro.)
16The contractor certification uniform dwelling code council shall do all of the
17following:
AB483,4,2418 (a) Recommend for promulgation by the department rules for certifying the
19financial responsibility of contractors under s. 101.654. These rules shall include
20rules providing for the assessment of fees upon applicants for certification of
21financial responsibility under s. 101.654 and for the suspension and revocation of
22that certification. The amount of the fees recommended under this subsection
23paragraph may not exceed an amount that is sufficient to defray the costs incurred
24in certifying the financial responsibility of applicants under s. 101.654.
AB483,17 25Section 17. 101.63 (2) of the statutes is amended to read:
AB483,5,16
1101.63 (2) Adopt rules for the certification, including provisions for suspension
2and revocation thereof, of inspectors for the purpose of inspecting building
3construction, electrical wiring, heating, ventilating, air conditioning and other
4systems, including plumbing, as defined in s. 145.01 (10), of one- and 2-family
5dwellings under sub. (1). The rules shall specify that the department may suspend
6or revoke the certification of an inspector under this subsection for knowingly
7authorizing the issuance of a building permit to a contractor who is not in compliance
8with s. 101.654. Upon receipt of a recommendation of the uniform dwelling code
9council under s. 101.62 (5) (b) to revoke the certification of a building inspector, the
10department shall revoke the certification if the department determines the building
11inspector has engaged in incompetent, negligent, or unethical conduct.
Persons
12certified as inspectors may be employees of the department, a city, village, town,
13county, or an independent inspection agency. The department may not adopt any
14rule which that prohibits any city, village, town, or county from licensing persons for
15performing work on a dwelling in which the licensed person has no legal or equitable
16interest.
AB483,18 17Section 18. 101.64 (3) of the statutes is amended to read:
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