Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB199 Compare Versions

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

Old	New	Differences
1	1	LRB-0567/1
2	2	KP&ZDW:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 199
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 renumber 101.12 (2); and to create 101.12 (2) (b) and 101.12 (7) of
9	9	the statutes; relating to: permission to start construction of a commercial
10	10	building before plan approval.
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.
24	24	The bill codifies and expands the authority for the Department of Safety and Professional
25	25	Services (DSPS) and local units of government to allow a building owner to start
26	26	construction of certain building components while a commercial building plan review is
27	27	pending.
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30	30	3 - 2 -2023 - 2024 Legislature LRB-0567/1
31	31	KP&ZDW:skw
32	32	ASSEMBLY BILL 199
33	33	Administrative rules adopted by DSPS currently allow a building owner who has
34	34	submitted commercial building plans for examination by DSPS or a local unit of
35	35	government to request permission to start construction of footings and foundations while
36	36	plan review is pending. In practice, DSPS issues a “permission to start” letter to convey
37	37	approval for this type of construction to begin.
38	38	DSPS's rules require a plan reviewer to make a determination on a permission to
39	39	start request within three business days after receiving all required documents, plan
40	40	review fees, and an additional fee of $75. The rules specify that a building owner who is
41	41	granted permission to start construction of footings and foundations may proceed at the
42	42	owner's own risk, without assurance that a conditional approval will be granted for the
43	43	building. The current statutes do not directly address permission to start construction
44	44	while plan review is pending, but they specify that nothing in the section of the statutes
45	45	relating to commercial building plan review relieves a building designer of the
46	46	responsibility for designing a safe building, structure, or component.
47	47	The bill codifies the authority for “permission to start” letters in the statutes and
48	48	expands the scope of construction activities that DSPS or a local unit of government may
49	49	allow to proceed while plan review is pending. Under the bill, DSPS or a local unit of
50	50	government may authorize a building owner to start construction of underground
51	51	plumbing and exterior plumbing, in addition to footings and foundations. The bill retains
52	52	a building designer's responsibility for designing a safe building, structure, or
53	53	component. The bill also specifies that permission to start construction does not relieve
54	54	a licensed architect or professional engineer who prepared commercial building plans of
55	55	responsibility regarding the plans.
56	56	SECTION 1. 101.12 (2) of the statutes is renumbered 101.12 (2) (a).
57	57	SECTION 2. 101.12 (2) (b) of the statutes is created to read:
58	58	101.12 (2) (b) Permission granted under sub. (7) (a) to start construction of a
59	59	building, structure, or component does not relieve an architect or professional
60	60	engineer authorized to practice under ch. 443 who prepared the plans of the building,
61	61	structure, or component of responsibility regarding the plans.
62	62	SECTION 3. 101.12 (7) of the statutes is created to read:
63	63	101.12 (7) (a) Notwithstanding sub. (2) (a), an owner who submits essential
64	64	drawings, calculations, and specifications under this section may request, and the
65	65	department or a city, village, town, or county authorized to perform examinations
66	66	under this section may grant, permission to start construction for the footings,
67	67	foundations, underground plumbing, and exterior plumbing.
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79	79	12 - 3 -2023 - 2024 Legislature
80	80	LRB-0567/1
81	81	KP&ZDW:skw
82	82	SECTION 3
83	83	ASSEMBLY BILL 199
84	84	(b) An owner who has been granted permission to start construction under par.
85	85	(a) may proceed at the owner's own risk without assurance that a conditional
86	86	approval for the building will be granted.
87	87	(END)
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