Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB198 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 198
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 repeal 101.12 (3g) (d) 1., 101.12 (3m) (e) and 101.19 (1g) (am); and to
9	9	amend 101.12 (3) (b) and 101.12 (3) (br) of the statutes; relating to: local
10	10	government review of commercial building plans.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill is explained in the NOTES provided by the Joint Legislative Council in
13	13	the bill.
14	14	Because this bill may increase or decrease, directly or indirectly, the cost of the
15	15	development, construction, financing, purchasing, sale, ownership, or availability of
16	16	housing in this state, the Department of Administration, as required by law, will
17	17	prepare a report to be printed as an appendix to this bill.
18	18	For further information see the state and local fiscal estimate, which will be
19	19	printed as an appendix to this bill.
20	20	The people of the state of Wisconsin, represented in senate and assembly, do
21	21	enact as follows:
22	22	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
23	23	Legislative Council Study Committee on the Commercial Building Permitting Process to
24	24	encourage more commercial building plan examinations at the local level.
25	25	First, the bill increases the thresholds for local authority to conduct commercial
26	26	building plan review. Current law requires the Department of Safety and Professional
27	27	Services (DSPS) to accept examinations of essential drawings, calculations, and
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33	33	specifications (“plans”) for public buildings, public structures, and places of employment
34	34	(“commercial buildings”) performed by: (1) the City of Milwaukee; (2) a second class city,
35	35	if DSPS has certified the city to conduct plan review; (3) a city, village, town, or county
36	36	that has become an appointed agent of DSPS; and (4) any other city, village, town, or
37	37	county (“a non-agent local unit of government”), subject to specified thresholds.
38	38	Specifically, DSPS must accept an examination of a commercial building plan conducted
39	39	by a non-agent local unit of government if the examination is for a building containing
40	40	less than 50,000 cubic feet of volume or an alteration of a space involving less than
41	41	100,000 cubic feet of volume. DSPS's current administrative rules further specify
42	42	thresholds for the examination of plans for additions to existing buildings or structures
43	43	by such local units of government.
44	44	Under the bill, DSPS must accept examinations of commercial building plans by
45	45	non-agent local units of government for: (1) new construction of buildings containing less
46	46	than 100,000 cubic feet of volume; (2) additions to buildings or structures in which the
47	47	addition results in the entire building or structure containing less than 100,000 cubic feet
48	48	of volume; and (3) alterations of spaces regardless of the total building volume. The bill
49	49	retains requirements under current law that all such local examinations must be
50	50	conducted in a manner approved by DSPS, and that DSPS must determine and certify
51	51	the competency of local plan examiners.
52	52	Second, the bill repeals a fee forwarding requirement. Current law requires
53	53	certified second class cities and local units of government that act as appointed agents
54	54	of DSPS to forward a portion of the fees they collect for commercial building plan review
55	55	to DSPS, according to a fee schedule established in the Commercial Building Code. The
56	56	bill repeals the requirement to forward those fees.
57	57	Finally, the bill requires DSPS to submit a plan to the Legislature by January 1,
58	58	2024. The plan must address how DSPS will: (1) encourage cities, villages, towns, and
59	59	counties to conduct commercial building plan examinations and inspections; and (2)
60	60	increase support to such cities, villages, towns, and counties.
61	61	SECTION 1. 101.12 (3) (b) of the statutes is amended to read:
62	62	101.12 (3) (b) Accept the examination of essential drawings, calculations, and
63	63	specifications in accordance with sub. (1) for new construction of buildings
64	64	containing less than 50,000 100,000 cubic feet of volume, for additions to buildings
65	65	or structures in which the addition results in the entire building or structure
66	66	containing less than 100,000 cubic feet of volume, and for alterations of spaces
67	67	involving less than 100,000 cubic feet of regardless of the total building volume
68	68	performed by cities, villages, towns, or counties, provided the same are examined in
69	69	a manner approved by the department. The department shall determine and certify
70	70	the competency of all such examiners.
71	71	SECTION 2. 101.12 (3) (br) of the statutes is amended to read:
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85	85	SECTION 2
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87	87	101.12 (3) (br) Accept the review and determination on variances for new
88	88	construction of buildings containing less than 50,000 100,000 cubic feet of volume,
89	89	for additions to buildings or structures in which the addition results in the entire
90	90	building or structure containing less than 100,000 cubic feet of volume, and for
91	91	alterations of spaces involving less than 100,000 cubic feet of regardless of the total
92	92	building volume performed by cities, villages, towns, and counties certified under
93	93	par. (b) if the department has certified the competency of the city, village, town, or
94	94	county to issue variances and if the variances are reviewed in a manner approved by
95	95	the department. Owners may submit variances to the city, village, town, or county
96	96	or to the department.
97	97	SECTION 3. 101.12 (3g) (d) 1. of the statutes is repealed.
98	98	SECTION 4. 101.12 (3m) (e) of the statutes is repealed.
99	99	SECTION 5. 101.19 (1g) (am) of the statutes is repealed.
100	100	SECTION 6. SPS Table 302.31-3 of the administrative code is repealed.
101	101	SECTION 7. SPS 302.31 (1) (g) of the administrative code is repealed.
102	102	SECTION 8. SPS 302.31 (1) (h) of the administrative code is repealed.
103	103	SECTION 9. SPS 361.60 (2) (c) (intro.) of the administrative code is amended to
104	104	read:
105	105	SPS 361.60 (2) (c) (intro.) Second class cities intending to perform the expanded
106	106	plan examination and inspection specified in sub. (5) (b) shall comply with pars. (a)
107	107	1. to 6. and (b) 3. and 4., sub. (7) (b), and all of the following:
108	108	SECTION 10. SPS 361.60 (7) (a) of the administrative code is renumbered SPS
109	109	361.60 (7).
110	110	SECTION 11. SPS 361.60 (7) (b) of the administrative code is repealed.
111	111	SECTION 12.0Nonstatutory provisions.
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138	138	SECTION 12 ASSEMBLY BILL 198
139	139	(1) REPORT ON OUTREACH TO LOCAL GOVERNMENTS. The department of safety and
140	140	professional services shall prepare a plan for encouraging cities, villages, towns, and
141	141	counties to conduct examinations and inspections under s. 101.12 (3), (3g), and (3m)
142	142	and increasing support provided to those cities, villages, towns, and counties and
143	143	shall submit the plan to the legislature in the manner provided under s. 13.172 (2)
144	144	no later than January 1, 2024.
145	145	(END)
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