Both 28 CFR 35 and 28 CFR 36 require public buildings and commercial facilities, including government-owned and operated buildings and facilities, to be designed, constructed, and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines. 24 CFR 40 and 41 provide technical guidance on the design, construction, and alteration of dwelling units as required by the federal Fair Housing Amendments Act of 1988. The American National Standard: Accessible and Usable Buildings and Facilities, (ICC A117.1), which is incorporated into 24 CFR 100 by reference, is the federal technical standard for the design of housing and other facilities which are accessible to persons with disabilities as referenced in the federal Fair Housing Act. Wisconsin ensures commercial buildings meet federal accessibility requirements through its adoption of the IBC. Chapter 11 of the IBC addresses accessibility and incorporates ICC A117.1 as a secondary standard. 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 the statement of scope was held on December 28, 2020. The following people and entities commented on the proposed scope:
Timothy Schmitz, Lead Senior Regional Manager of Government Relations with the International Code Council (ICC), submitted written comments in support of updating SPS 361 to 366 summarized as follows:o
Implementation of current model building codes is one of the nation’s best defenses against natural disasters, incorporating the latest technology to provide the safest and most resilient structures possible. o
Offered to continue to serve as a resource to DSPS throughout the code update process.
Robert G. DuPont, Founder of the Alliance for Regulatory Coordination, submitted written comments in support of Statement of Scope 149-20 summarized as follows:o
Expressed support for the use of contemporary model codes dealing with safety and resilience of buildings, accessibility, energy conservation, and fire prevention, as this best serves and protects Wisconsin citizens, businesses, and visitors.o
Also expresses support for updates to the code to reflect legislation passed since the last code update.No amendments were made to the scope statement as a result of the hearing comments received.
Comparison with rules in adjacent states:
Illinois:
Currently, State Board of Education (ISBE) enforces building codes for their own structures. All other codes in the state are adopted by local municipalities, fire protection districts and counties. The IL Energy Conservation Act requires the State to adopt the current version of the IECC for all commercial and residential occupancies. The residential portion of the state’s adoption is a mini-max code statewide. Illinois also adopts its own Statewide plumbing code.
The 2018 IECC applies to residential and commercial construction for which permits are issued statewide. The Illinois State Board of Education has adopted the 2018 IECC, 2015 IBC, IFC, IMC, IFGC, IPMC, IEBC for Pre-K thru 12 public Education Facilities (other than vehicular), but do not apply to Chicago. IBC adopted by Dept. of Health for hospitals where local codes do not apply.
The below codes are in effect for State owned facilities:
2015 International Building Code
2018 International Energy Conservation Code
2015 International Existing Building Code
2015 International Fire Code (excluding Chapter 4)
2015 International Fuel Gas Code
2015 International Mechanical Code
2015 International Property Maintenance CodeIowa:
The State of Iowa imposes a combination of state required codes and locally adopted codes. When municipalities update their codes, they are required to update to the codes adopted by the state. The Iowa Building Code Bureau adopts the IBC, IRC, IMC, IEBC and IECC. The State Fire Marshal adopts the IFC. The Iowa Plumbing and Mechanical Code Advisory Council is responsible for the adoption of the state plumbing code. The state adopted versions of IFC and IECC are required to be enforced for all occupancies statewide by state and local government enforcement agencies. Local jurisdictions have the option of adopting the remaining state adopted codes or a stricter code as determined by the jurisdiction. Consequently, many local jurisdictions have adopted the IPC.
The Iowa Code with amendments is based on the 2015 editions of the International Codes, except for the IMC which is the 2021 edition and the IECC which is the 2012 edition. The state IFC and IECC are required for all construction. Iowa is a home-rule state and there is no law forcing them to update their codes. When they do update their codes, local jurisdictions with populations in excess of 15,000 have the option of adopting the prevailing state adopted codes or a stricter code as determined by the jurisdiction.
Michigan:
The Michigan Construction and Fire Codes are promulgated by the Construction Code Commission and State Fire Safety Board and are evaluated for revisions or modifications every three years (statutorily mandated) except for the residential code, which is on a flexible cycle of every three to six years. Once codes have been passed by those bodies, the regulations must be approved by the state legislature.
The code adoption process follows the I-Code three-year cycle (except for the IRC, which is a 3-6-year flex cycle), with a target effective date in January one year following the release of the new I-Codes. Codes are updated as needed every year.
The current editions of the MI Building, Residential, Mechanical, Plumbing., and Existing Building Codes have not been posted at this time.
Minnesota:
The adopting authority for the Minnesota State Building Code the Minnesota Department of Labor and Industry (DLI), Construction Codes & Licensing Division (CCLD). Jurisdictions that adopt building codes must adopt the Minnesota State Building Code or remain at their present level. CCLD has the authority to develop fire codes but delegates the authority to the State Fire Marshal who appoints a committee of fire chiefs and fire marshals to review and make recommendations for rulemaking. The State Fire Marshal administers the Minnesota Fire Code.
In 2015, the Minnesota Legislature passed a law requiring ICC codes be updated no more than every six years. That restriction does not apply to the codes administered by the authoritative state electrical board, plumbing board and high-pressure piping board.
Summary of factual data and analytical methodologies:
This proposed rule was developed in consultation with the Wisconsin Commercial Building Code Council. The Commercial Building Code Council is authorized and created under s. 15.407 (18), Stats, and includes 11 members from different areas affected by the commercial building code. The council’s duties are outlined in s. 101.023, Stats., which states: “The commercial building code council shall review the rules relating to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. The council shall consider and make recommendations to the department pertaining to these rules and any other matters related to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. In preparing rules under this chapter that relate to public buildings and to buildings that are places of employment, the department shall consult with the commercial building code council.”
Beginning in February 2021, the Wisconsin Commercial Building Code Council held monthly meetings to comprehensively review significant changes adopted in updated versions of the model building codes and other standards incorporated by reference in the rule. Standards incorporated by reference in the proposed rule have been submitted to the Attorney General for approval pursuant to s. 227.21 (2), Stats. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rule was posted on the Department of Safety and Professional Services’ website for 60 days in order to solicit input from small businesses, local units of government, and individuals for use in completing the economic impact analysis. The following comments were received:
-- Gail Nordheim from 350 Wisconsin:
"350 Wisconsin is a part of an international coalition of organizations seeking to make transformational progress toward environmental justice and toward solving our planet’s climate crisis. Building decarbonization is central to 350 Wisconsin’s mission. The Department of Energy states that commercial buildings generate 16% of all U.S. carbon dioxide emissions. Therefore we applaud the Department of Safety and Professional Services in their efforts to update the commercial building codes now under review. These updates will reduce emissions. By adopting this version of the code the state agency is doing the right thing as this code update puts Wisconsin on the path to being a regional leader.
The economic impact of the updated codes is clear. A 2019 analysis by the Midwest Energy Efficiency Alliance indicated that if Wisconsin updated to the 2018 International Energy Conservation Codes (IECC), it would save 15% of energy costs based on a weighted average of all building types. This would result in a first year savings of $2,700,000 based on commercial construction levels in Wisconsin. The proposed codes move Wisconsin to the 2021 IECC for even greater savings.
Updating Wisconsin’s Commercial Energy Code would lead to substantial positive economic impacts including but not limited to:
1. High-quality job creation in construction-related industries;
2. Reduction in utility bills for consumers whereby energy cost savings can lead to more disposable income for people to use in the wider economy;
3. Health cost savings and improved occupant health and comfort;
4. Reduction in electricity use;
5. Cost-effectiveness in construction, cheaper to build to the most updated code when looking at the life cycle cost;
6. Greater building resilience following extreme weather events;
7. Ability to market buildings as healthier with lower utility costs to businesses/tenants; and
8. Greater access to federal funding opportunities regarding codes and energy efficiency.
If we were to enact codes that match the 2021 standards, we could save up to 30% more energy, which could result in $170 million in savings for Wisconsinites by 2030. Updating codes would result in energy savings, monetary savings, more resilient towns and cities, more jobs and put money back into consumer's pockets."
-- Justin Koscher from Polyisocyanurate Insulation Manufacturers Association (PIMA):
"The Polyisocyanurate Insulation Manufacturers Association (PIMA) is writing in support of the proposed rule updating Wisconsin’s commercial building energy code (chapter SPS 363), which is part of the Department’s larger update to the Commercial Building Code, chapters SPS 361-366. Adopting this draft rule will bring the State’s commercial building energy code in line with the 2021 International Energy Conservation Code (IECC) and fulfills a key recommendation from the Governor’s Task Force on Climate Change. Also, we applaud the State for removing the weakening amendments adopted in prior code adoption cycles that had the effect of diluting the energy code’s effectiveness in reducing energy waste and building operating costs. Keeping the State’s energy code updated to the current version of the IECC is an important and cost-effective policy for addressing the negative economic and environmental impacts caused by building energy waste – a sector that is responsible for 40% of total U.S. energy use. This practice will help Wisconsin achieve a range of benefits, including:
• Reduced air pollution;
• Consumer and business cost savings;
• Increased flexibility and reliability of our energy system and grid;
• Reduced peak energy demand; and
• Improved energy productivity.
