Section 101.027 (2), Stats. – “The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.” Section 101.128 (2) (b), Stats. – “The department shall promulgate rules that establish standards that the owner of a facility where the public congregates shall meet to achieve the equal speed of access required under par. (a).” Section 101.13 (1m) (a), Stats. – “Except as provided in par. (b), the department shall by rule provide minimum requirements to facilitate the use of public buildings and places of employment by physically disabled persons where traffic might reasonably be expected by such persons.” Sections 101.132 (2) (c) 1. and (e) 1., Stats. – “The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.” “The department shall promulgate rules establishing minimum accessibility requirements for the design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of par. (c).”
Section 101.14 (4) (a), Stats. – “The department shall make rules, pursuant to ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employees and frequenters of places of employment and public buildings.” Related statute or rules:
Chapter SPS 318, Elevators, Escalators, and Lift Devices. Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors. Plain language analysis:
The primary objective of this rulemaking project is to evaluate and update the Wisconsin Commercial Building Code, chapters SPS 361-366. This rulemaking update intends to keep this Code consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards, and with legislation enacted since the previous update of this Code. The update is also needed in order to meet the content and timeliness requirements for the energy conservation provisions of this Code as established in sections 101.027 (2) and (3) of the Wisconsin Statutes.
In addition, the project evaluated other administrative code chapters that may be affected by this update of the Wisconsin Commercial Building Code including, at least, chapters SPS 303, 305, 314, 316, 318, 340, 343, and 345, relating to administrative procedures; licenses, certifications and registrations; fire prevention; electrical; elevators, escalators, and lift devices; gas systems; boilers and pressure vessels; anhydrous ammonia; mechanical refrigeration; rental unit energy efficiency; solar energy systems; cleaning methods for historic buildings; buildings constructed prior to 1914; and plumbing; respectively.
This evaluation identified a need to move the authority for certain plumbing requirements out of ch. SPS 362 of the Commercial Building Code and into ch. 382 of the Wisconsin Plumbing Code. That change is incorporated into this rule project to ensure that the removal from the Commercial Building Code and insertion in the Plumbing Code happen simultaneously to avoid either a gap or overlap in regulation. Summary of, and comparison with, existing or proposed federal regulation:
Energy Conservation Requirements - Section 304 (a) of the Energy Conservation and Production Act (ECPA) (Pub. L. No. 94-385), as amended, requires the US Department of Energy (DOE) to establish energy conservation standards and encourage states and local governments to adopt and enforce those standards through their building codes and other construction control mechanisms.
42 U.S.C. 6833 requires the DOE secretary to review any new revision of the International Energy Conservation Code (IECC) and American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ANSI/ASHRAE/IESNA) Standard 90.1 within 12 months after the publication date to determine whether the revision will improve energy efficiency in commercial buildings. If the DOE Secretary determines that the standard will achieve energy savings, each state is required to review the standards no later than 2 years after publication and certify that the state has reviewed and updated provisions of the state’s commercial building code to incorporate provisions of the revised standards to the extent that the code will meet or exceed the revised standard. DOE issued a determination on February 27, 2018, that ASHRAE Standard 90.1-2016, as compared to ASHRAE Standard 90.1-2013, would achieve greater energy efficiency in buildings subject to the code. DOE estimates national savings in commercial buildings of approximately 8.3% energy cost savings, 7.9% source energy savings, 6.8% site energy savings, and 4.2% carbon emissions savings.
DOE issued a determination on July 2, 2021, that ASHRAE Standard 90.1-2019, as compared to ASHRAE Standard 90.1-2016, would achieve greater energy efficiency in buildings subject to the code. DOE estimates national savings in commercial buildings of approximately 4.3% energy cost savings, 4.3% source energy savings, 4.7% site energy savings, and 4.2% carbon emissions savings.
On December 10, 2019, DOE issued a determination that the 2018 IECC, as compared to then 2015 IECC would achieve greater energy efficiency in buildings subject to the code as compared to the 2018 IECC. DOE estimates national savings in residential buildings of approximately 1.97% energy cost savings, 1.91% source energy savings, 1.68% site energy savings.
On July 19, 2021, DOE issued a determination that the 2021 IECC, as compared to the 2018 IECC, would achieve greater energy efficiency in buildings subject to the code as compared to the 2018 IECC. DOE estimates national savings in residential buildings of approximately 8.66% energy cost savings, 8.79% source energy savings, 9.38% site energy savings.
Similar to federal requirements, s. 101.027 (2), Wis. Stats., requires the department to review the energy conservation code and promulgate rules to improve energy conservation. The department is required to consider any cost of the required compared to any reasonable economic and environmental benefit of the requirement. The review process used to evaluate the IECC and ASHRAE Standard 90.1 as part of this rule revision meets both federal and state requirements for reviewing energy conservation standards for use in commercial buildings. Wisconsin modifications to the IECC and ASHRAE Standard 90.1 are found in ch. SPS 363. Accessibility Requirements -In addition to energy conservation requirements, commercial buildings are also required to meet federal requirements for accessibility for the disabled. These regulations include the following:
28 CFR 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services. 28 CFR 36 – Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. 24 CFR 40 – Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures. 24 CFR 41 – Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 24 CFR 100 – Discriminatory Conduct Under the Fair Housing Act. 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
