STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY
DEPARTMENT OF SAFETY AND : AND PROFESSIONAL SERVICES
PROFESSIONAL SERVICES : ADOPTING RULES
: (CLEARINGHOUSE RULE )
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PROPOSED ORDER
An order of the Department of Safety and Professional Services to repeal SPS 321.097 (4); to renumber SPS 321.097(1)(b) and (note), and SPS 321.40 (1) (b); to renumber and amend SPS 321.097(1) (a) and (note), (1) (bm) and (note); to amend SPS 320.06 (1) (a) 1., 320.07 (25) and (27), 321.097 (title), (2) (a) and (note), (2) (b) 1. and 2., (c) 1., (2) (c) 2., (d) 1., (note), (3) and (4) (a); and to create SPS 320.05 (11) and (12), 320.06 (1) (a) 1. (note), 320.07 (25) (note), (27) (note), (59p) and (59p) (note), 321.097(1) (am) and (note), 321.40 (1) (b) 2., (c) 2m., and (note), relating to legislative update to the Uniform Dwelling (One-and 2-family dwellings) Code and Manufactured Home Communities.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Section 101.63 (1), Stats. requires the department to adopt rules establishing standards for the construction and inspection of one- and 2- family dwellings and components. Section 101.64 (1) (c), Stats., allows the department to revise the Uniform Dwelling Code rules in consultation with the Uniform Dwelling Code Council. Section 227.11 (2) (a), Stats., 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. Related statutes or rules:
Various other rules promulgated by the Department in ch. SPS 320 address the construction and inspection of one and two-family dwellings. Plain language analysis:
During the 2017-2018 session, the Legislature made changes to the uniform dwelling code. The proposed rules update SPS 320 – 325 and 326.
Adds the religious and primitive hunting cabin statutory exceptions to enforcement of the uniform dwelling code by the Department of Safety and Professional Services and cities, towns, villages, and counties who have adopted the uniform dwelling code.
Gives cities, towns, and villages the authority over the construction and inspection of new dwellings except where an ordinance does not conform to the uniform dwelling code or any order of the Department of Safety and Professional Services. An owner may waive the non-conforming provision making it unenforceable.
Updates the language of the rules from “carbon monoxide alarms” to “carbon monoxide detectors” to provide uniformity of terms in the uniform dwelling code.
Updates the meaning of “fuel-burning appliance" to mean a device that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product in the uniform dwelling code.
Defines “carbon monoxide detector" to mean an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air.
Removes references to “tourist rooming houses” in the uniform dwelling code because tourist rooming houses are covered by the commercial building code.
Clarifies the definition of “manufactured home owner" to exclude a person that leases a manufactured home from another.Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations do not provide provisions for construction of one- and 2-family dwellings other than those for Housing and Urban Development (HUD) manufactured homes and those related to accessibility.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
A preliminary hearing on Statement of Scope SS 028-19 was held on January 31, 2020. Robert Dupont with the Alliance for Regulatory Reform, as well as James Worker, a registered architect, expressed general support for the scope statement at the hearing. Comparison with rules in adjacent states:
Illinois:
Illinois has adopted the 2018 edition of the International Residential Code with specific exceptions.
Iowa:
Iowa has adopted the 2015 edition of the International Residential Code with specific exceptions.
Michigan:
Michigan has adopted the 2015 edition of the International Residential Code with specific exceptions.
