CR 21-047 Rule Text

Various other rules promulgated by the Department in ch. SPS 320 address the construction and inspection of one and 2-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 and 321.

—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.

Minnesota:

Minnesota has adopted the 2012 edition of the International Residential Code with specific exceptions.

Summary of factual data and analytical methodologies:

The proposed rules were developed by reviewing provisions of 2011 Wisconsin Act 21, 2017 Wisconsin Act 59, 2017 Wisconsin Act 109, 2017 Wisconsin Act 240, 2017 Wisconsin Act 243, 2017 Wisconsin Act 330, and 2017 Wisconsin Act 331 in conjunction with the current rules relating to the uniform dwelling code. The Department received input during a meeting with the Uniform Dwelling Code Council. The makeup of the Council is established under s. 15.407 (10), Stats., and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. These businesses provide input on design, construction, and inspection interests relative to the uniform dwelling code. Through the 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 proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis document is attached.

Effect on small business:

These proposed rules do not 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 [e-mail], or by calling [phone].

Agency contact person:

Jon Derenne, Attorney, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53705; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

A public hearing was held at 11:00 AM on June 28, 2021. A second public hearing was held on July 16, 2021 at 11:00 AM to ensure full public participation, as technical issues may have limited participation at the June 28, 2021 hearing.

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TEXT OF RULE

SECTION 1: SPS 320.05 (11) and (12) are created to read:

SPS 320.05 (11) Religious waiver. The provisions of this code do not apply to dwellings where a religious waiver has been accepted by the authority having jurisdiction or the department under s. 101.648, Stats.

(12) Primitive rural hunting cabins. The provisions of this code do not apply to a primitive rural hunting cabin.

SECTION 2: SPS 320.06 (1) (a) 1. is amended to read:

SPS 320.06 (1) (a) 1. Except as provided in ss. 101.65 (1c) and 101.651 (1) and (2m), Stats., cities, villages and towns shall exercise jurisdiction over the construction and inspection of new dwellings.

SECTION 3: SPS 320.06 (1) (a) 1. (Note) is created to read:

SPS 320.06 (1) (a) 1. (Note) Section 101.65 (1c), Stats., reads as follows:

101.65 Municipal authority. Except as provided by s. 101.651, cities, villages, towns and counties:

(1c) May not make or enforce an ordinance under sub. (1) that is applied to a dwelling and that does not conform to this subchapter and the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter. If any provision of a contract between a city, village, town, or county and an owner requires the owner to comply with an ordinance that does not conform to this subchapter or the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter, the owner may waive the provision, and the provision, if waived, is void and unenforceable.

SECTION 4: SPS 320.07 (25) is amended to read:  

SPS 320.07 (25) “Dwelling" means any building, the initial construction of which is commenced on or after the effective date of this code. has the meaning given in s. 101.61 (1), Stats.

SECTION 5: SPS 320.07 (25) (Note) is created to read:

SPS 320.07 (25) (Note) Section 101.61 (1), Stats., reads as follows: “Dwelling" means any building that contains one or 2 dwelling units. “Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. “Dwelling” and “dwelling unit” do not include a primitive rural hunting cabin.

SECTION 6: SPS 320.07 (27) is amended to read: