Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY
AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE 15-043)
ORDER
An order of the Department of Safety and Professional Services to renumber chs. SPS 320 – 325 Appendix; to renumber and amend SPS 321.225 (intro.) and 324.01;
to amend SPS 320.04 (6) (d) (Note), 320.09 (1) (Note) [1] and (9) (c) (Note), 320.19 (1) (b) (Note) and (2) (c) (Note), 321.02 (1) (d) (Note) and (3) (b) 2., 321.03 (1) (e) (Note), 321.04 (3) (b) 5. c. (Note), 321.125 (3) (c) (Note) and (6) (b) (Note), 321.16 (2) (c) 3. (Note), 321.17 (3) (e) (Note) [2], 321.18 (1) (d) 1. c. and 2. c., 321.22 (1) (a) (Note), and (6) (b) 4. c., 321.25 (1) (Note) [1], 321.25 Figure 321.25-A, (8) (d) 1. and 2., 321.27 (1) (b), (3) (Note) and (5) (b) (Note), and 321.40 (1) (h) (Note);
and to create SPS 320.07 (12m), 321.225 (2), 321.24 (3) (d) 8. and (Note), 324.01 (2) and (Note), and chs. SPS 320 to 325 Appendix B and Appendix C, relating to one- and two-family dwellings. Analysis prepared by the Department of Safety and Professional Services.
------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute. Sections 101.63 (intro.) and (1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Related statute or rule:
Various other statutes and rules promulgated by the Department address construction and inspection of dwellings, public buildings and places of employment.
Plain language analysis:
These rules provide prescriptive deck standards which explain, in laymens terms, how to build an outdoor deck for one- and two-family dwellings. The rules are being promulgated in order to provide a simple set of guidelines for building a deck that can easily be followed by a homeowner or small contractor. Currently the regulations governing various parts of a deck are scattered throughout the code, however, decks are often added years after initial construction of the house and are a project onto themselves. The prescriptive deck standards bring together in one place all of the information needed to build a typical wood deck for a one- or two-family dwelling.
The bulk of these rules will form an appendix to the Uniform Dwelling Code (UDC). These standards do not impose new restrictions beyond the current UDC requirements and do not preclude the use of different deck materials and methods than those prescribed in these rules, as long as the deck meets the provisions of the UDC.
Summary of, and comparison with, existing or proposed federal regulation:
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the rule revisions herein for outdoor decks for one- and two-family dwellings.
Comparison with rules in adjacent states:
Illinois:
An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Iowa:
An internet based search revealed that the Iowa Building Code adopts the 2009 International Residential Code (IRC). The Iowa Building Code applies statewide to state owned and funded buildings. The 2009 IRC does not include prescriptive deck standards.
Michigan:
An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission’s General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code. The 2009 IRC does not include prescriptive deck standards.
Minnesota:
An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Minnesota Department of Labor and Industry, in Chapter 1309, adopts the 2006 IRC, chapters 2-10 and 43. Chapters 2-10 contain the general construction provisions of the IRC. The state code is being revised effective June 1, 2015 and will adopt the 2015 Minnesota version of the IRC developed by the International Code Council with input from Minnesota. The 2015 IRC includes prescriptive deck standards similar to the standards in these rules. Summary of factual data and analytical methodologies:
The Department received input during numerous meetings with the Dwelling Code Council. The makeup of this Council is established under section 15.407 (10) of the Statutes and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. The Council created a Deck Subcommittee to study and develop the prescriptive deck standards. Through the Deck Subcommittee and the Dwelling Code Council, the Department was able to gather information on the potential impacts of the rule revisions contained herein. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule revisions are not expected to significantly impact small business because they would clarify and simplify current requirements rather than impose new restrictions.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business:
These proposed rules are not expected to have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435.
