The Model Ordinance for Adoption of the Wisconsin Uniform Dwelling Code contained in Appendix A of the UDC, will also be updated to clarify municipal power for one- and 2-family dwellings pursuant to 2011 Wis. Act 21 and provide guidance regarding municipal authority over accessory buildings. In addition, the administrative Model Ordinance for Adoption of the UDC will be updated to reflect legislative requirements by a municipality exercising jurisdiction over permitting and inspecting enforcement of new camping units. The proposed rule project will also update s. SPS 321.40, relating to the installation standards for new slab design for manufactured homes, to ensure consistency with the requirements in 24 CFR parts 3280 and 3285 of the federal Housing and Urban Development (HUD) regulations. Section 24 CFR part 3280 relates to manufactured home construction and safety standards. Section 24 CFR part 3285.1 (a) (1) requires states to implement manufactured home installation standards that provide protection that equals or exceeds the federal standard. This project may include revisions to other related SPS chapters affected by the update and are included in this scope to assure clarity and consistency. Updates may also include minor revisions to clean up any non-substantive grammatical or other errors, correct technical issues, or amend provisions to conform to rule drafting style.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The Uniform Dwelling Code, chapters SPS 320 to 325, establishes statewide, uniform construction, energy efficiency, and inspection rules for one- and 2-family dwellings.
Section SPS 321.097 of the UDC specifies installation and maintenance requirements for carbon monoxide detectors in one- and 2-family dwellings constructed on or after June 1, 1980. The UDC also reflects the installation and maintenance requirements specified in s. 101.647 (2), (3) (a) and (b) and (6), Stats. Chapter SPS 326 establishes standards for the regulation of new and existing manufactured home communities. The code will identify code revisions necessary to comply with statutory changes affected by the recent legislation and federal regulations. Without revisions to the administrative rules, the code would not be compliant with the statutory and federal requirements.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 101.60, Stats., reads, in part, “…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.” Section 101.63 (1), Stats., reads, in part, “Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof.” Section 101.63 (5), Stats., reads, “Review the rules adopted under this subchapter once every 3 years.” Section 101.64 (1) (f), Stats., reads, “Adopt rules prescribing procedures for approving new building materials, methods and equipment.” 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates approximately 200 hours will be needed for staff to research, draft rules, process the rules through public hearings, legislative review, adoption, and to complete the required economic and housing analyses.
6. List with description of all entities that may be affected by the proposed rule:
The rulemaking project will affect any entity that is involved in the construction, remodeling, or inspection of one- and 2-family dwellings and manufactured homes, including designers, contractors, and inspectors.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The Code of Federal Regulations (CFR) Title 24 – Housing and Urban Development, contains regulations in Chapter XX, Part 3280, relating to manufactured home construction and safety standards, and Part 3285, relating to manufactured home installation standards.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
Contact Person:
Mindy Allen, Administrative Rules Coordinator
Division of Policy Development, Department of Safety and Professional Services
Approved for publication: Approved for implementation:
Authorized Signature Authorized Signature
Date Submitted Date Submitted
