Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB197 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 197
5	5	April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Housing and Real Estate.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to create 101.12 (1m) and 145.02 (6) of the statutes; relating to:
9	9	procedures for reviewing commercial building plans.
10	10	Analysis by the Legislative Reference Bureau
11	11	This bill is explained in the NOTES provided by the Joint Legislative Council in
12	12	the bill.
13	13	Because this bill may increase or decrease, directly or indirectly, the cost of the
14	14	development, construction, financing, purchasing, sale, ownership, or availability of
15	15	housing in this state, the Department of Administration, as required by law, will
16	16	prepare a report to be printed as an appendix to this bill.
17	17	For further information see the state fiscal estimate, which will be printed as
18	18	an appendix to this bill.
19	19	The people of the state of Wisconsin, represented in senate and assembly, do
20	20	enact as follows:
21	21	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
22	22	Legislative Council Study Committee on the Commercial Building Permitting Process.
23	23	To create more certainty for building owners in the timeline for examination of
24	24	commercial building plans and plumbing plans by the Department of Safety and
25	25	Professional Services (DSPS), the bill: (1) allows an owner to schedule a future date for
26	26	examination of plans, in addition to the option of receiving the next available
27	27	appointment; (2) allows an owner, when submitting plans for examination, to identify for
28	28	DSPS any previously approved plans that are substantially similar; and (3) creates an
29	29	exemption from the examination requirement for certain plumbing plans.
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34	34	Under current law, DSPS examines essential drawings, calculations, and
35	35	specifications (“plans”) for public buildings, public structures, and places of employment
36	36	(“commercial buildings”) before construction on those buildings may begin. DSPS also
37	37	examines plumbing plans and specifications (“plumbing plans”) before the installation,
38	38	addition, or alteration of certain types of plumbing and plumbing systems.
39	39	Testimony before the committee indicated that DSPS currently schedules
40	40	appointments for plan examination in the order in which finalized plans are received, but
41	41	previously had allowed an owner to schedule a future appointment for examination of
42	42	plans that would be finalized and submitted at some point before the appointment. This
43	43	bill allows an owner either to submit finalized plans to DSPS and schedule the next
44	44	available appointment for examination of those plans, or to schedule a future
45	45	appointment and submit the finalized plans for that appointment no later than three
46	46	business days before the appointment. In either event, the full examination fee is due
47	47	when an appointment is scheduled. The bill requires DSPS to refund an examination fee
48	48	if an owner cancels an appointment at least 20 business days before the appointment. If
49	49	an owner cancels an appointment within 20 business days of the appointment, DSPS
50	50	must refund only that part of a plan examination fee above $5,000.
51	51	The bill also requires DSPS to allow an owner, when submitting plans for
52	52	examination, to identify for DSPS any previously approved plans that are substantially
53	53	similar to those plans.
54	54	Finally, the bill creates an exemption from DSPS plumbing plan examination
55	55	requirements. The exemption is based on the number of fixtures involved, but is subject
56	56	to certain design requirements and does not apply to certain plumbing plans.
57	57	DSPS's current administrative rules generally do not require examination of
58	58	plumbing plans for a new installation, addition, or alteration involving less than 16
59	59	plumbing fixtures. However, those rules require examination of certain categories of
60	60	plumbing plans, such as grease interceptors, garage catch basins, and mixed wastewater
61	61	holding devices, regardless of number.
62	62	The bill prohibits DSPS from requiring the examination of plumbing plans for an
63	63	installation, addition, or alteration involving not more than 20 plumbing fixtures, if the
64	64	plumbing plans are prepared by a person holding one of five specified credentials.
65	65	However, the bill allows DSPS to require the examination of plumbing plans for certain
66	66	types of plumbing for which DSPS's administrative rules currently require plan
67	67	submission regardless of number. The bill also enables DSPS to require by rule the
68	68	examination of any other type of plumbing installation, addition, or alteration that DSPS
69	69	determines to pose a unique risk to the waters of the state or to public health or safety.
70	70	The bill does not alter the authority of a unit of local government to require the
71	71	examination of plumbing plans.
72	72	SECTION 1. 101.12 (1m) of the statutes is created to read:
73	73	101.12 (1m) (a) For an examination of essential drawings, calculations, and
74	74	specifications by the department under this section, an owner may select to have the
75	75	examination appointment scheduled at one of the following times:
76	76	1. If the owner submits complete essential drawings, calculations, and
77	77	specifications and pays all plan examination fees at the time of scheduling, the next
78	78	available appointment.
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88	88	SECTION 1
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90	90	2. If the owner pays all plan examination fees at the time of scheduling, a single
91	91	date in the future.
92	92	(b) The department shall schedule an examination appointment for the time
93	93	selected by an owner under par. (a).
94	94	(c) 1. If an owner selects a single date in the future for an examination
95	95	appointment under par. (a) 2., the owner shall submit complete essential drawings,
96	96	calculations, and specifications to the department at least 3 business days before the
97	97	date of the examination appointment.
98	98	2. a. If an owner cancels an examination appointment at least 20 business days
99	99	before the appointment, the department shall refund to the owner all of the
100	100	examination fees paid.
101	101	b. Except as provided in subd. 2. c., the department may not refund
102	102	examination fees paid by an owner if the owner cancels the examination
103	103	appointment within 20 days of the appointment.
104	104	c. If an owner pays more than $5,000 for an examination fee and cancels the
105	105	examination appointment within 20 business days of the appointment, the
106	106	department shall refund to the owner the difference between the examination fee
107	107	paid by the owner and $5,000.
108	108	(d) The department shall provide on the form for submitting to the department
109	109	essential drawings, calculations, and specifications under this section a place for an
110	110	owner to identify any previously approved essential drawings, calculations, and
111	111	specifications that are substantially similar to those submitted by the owner.
112	112	SECTION 2. 145.02 (6) of the statutes is created to read:
113	113	145.02 (6) (a) Except as provided in par. (b), the department may not require
114	114	examination by the department of plumbing plans and specifications for a plumbing
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141	141	SECTION 2 ASSEMBLY BILL 197
142	142	installation, addition, or alteration if the plans and specifications include not more
143	143	than 20 plumbing fixtures and the plans and specifications were prepared by any of
144	144	the following:
145	145	1. A person who is registered as an architect or professional engineer under ch.
146	146	443.
147	147	2. A person who holds a designer permit under s. 443.07 in the field of plumbing
148	148	systems.
149	149	3. A licensed master plumber.
150	150	4. A licensed master plumber (restricted).
151	151	5. A utility contractor.
152	152	(b) Paragraph (a) does not apply to plumbing plans and specifications that
153	153	include any of the following:
154	154	1. An alternate or experimental plumbing system.
155	155	2. A reduced pressure backflow preventer or vacuum breaker.
156	156	3. A stormwater or clearwater infiltration system or a stormwater system that
157	157	serves a drainage area of at least one acre.
158	158	4. A grease or oil interceptor or garage catch basin.
159	159	5. A sanitary dump station.
160	160	6. Piping designed to serve as a private water main.
161	161	7. A chemical waste system.
162	162	8. A wastewater holding device.
163	163	9. A supply and drain system for a manufactured home community or
164	164	campground.
165	165	10. Piping designed to serve as a private interceptor main sewer.
166	166	11. Plumbing serving a hospital, nursing home, or ambulatory surgery center.
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194	194	SECTION 2
195	195	ASSEMBLY BILL 197
196	196	12. Any type of plumbing installation, addition, or alteration that the
197	197	department determines, by rule, to pose a unique risk to the waters of the state or
198	198	public health or safety.
199	199	SECTION 3.0Initial applicability.
200	200	(1) The treatment of s. 101.12 (1m) first applies to essential drawings,
201	201	calculations, and specifications submitted for examination under s. 101.12 on the
202	202	effective date of this subsection.
203	203	(2) The treatment of s. 145.02 (6) first applies to plumbing plans and
204	204	specifications submitted for examination under ch. 145 on the effective date of this
205	205	subsection.
206	206	SECTION 4.0Effective date.
207	207	(1) This act takes effect on the first day of the 7th month beginning after
208	208	publication.
209	209	(END)
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