Date of enactment:
2023 Senate Bill 187 Date of publication*:
2023 WISCONSIN ACT
AN ACT to repeal 101.12 (3g) (d) 1., 101.12 (3m) (e) and 101.19 (1g) (am); and to amend 101.12 (3) (b) and 101.12
(3) (br) of the statutes; relating to: local government review of commercial building plans.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill
was prepared for the Joint Legislative Council Study Commit-
tee on the Commercial Building Permitting Process to encour-
age more commercial building plan examinations at the local
level.
First, the bill increases the thresholds for local authority
to conduct commercial building plan review. Current law
requires the Department of Safety and Professional Services
(DSPS) to accept examinations of essential drawings, calcula-
tions, and specifications (“plans”) for public buildings, public
structures, and places of employment (“commercial build-
ings”) performed by: (1) the City of Milwaukee; (2) a second
class city, if DSPS has certified the city to conduct plan
review; (3) a city, village, town, or county that has become an
appointed agent of DSPS; and (4) any other city, village, town,
or county (“a non−agent local unit of government”), subject
to specified thresholds. Specifically, DSPS must accept an
examination of a commercial building plan conducted by a
non−agent local unit of government if the examination is for
a building containing less than 50,000 cubic feet of volume or
an alteration of a space involving less than 100,000 cubic feet
of volume. DSPS’s current administrative rules further spec-
ify thresholds for the examination of plans for additions to
existing buildings or structures by such local units of govern-
ment.
Under the bill, DSPS must accept examinations of com-
mercial building plans by non−agent local units of govern-
ment for: (1) new construction of buildings containing less
than 100,000 cubic feet of volume; (2) additions to buildings
or structures in which the addition results in the entire building
or structure containing less than 100,000 cubic feet of volume;
and (3) alterations of spaces regardless of the total building
volume. The bill retains requirements under current law that
all such local examinations must be conducted in a manner
approved by DSPS, and that DSPS must determine and certify
the competency of local plan examiners.
Second, the bill repeals a fee forwarding requirement.
Current law requires certified second class cities and local
units of government that act as appointed agents of DSPS to
forward a portion of the fees they collect for commercial
building plan review to DSPS, according to a fee schedule
established in the Commercial Building Code. The bill repeals
the requirement to forward those fees.
Finally, the bill requires DSPS to submit a plan to the Leg-
islature by January 1, 2024. The plan must address how DSPS
will: (1) encourage cities, villages, towns, and counties to con-
duct commercial building plan examinations and inspections;
and (2) increase support to such cities, villages, towns, and
counties.
SECTION 1. 101.12 (3) (b) of the statutes is amended
to read:
101.12 (3) (b) Accept the examination of essential
drawings, calculations, and specifications in accordance
with sub. (1) for new construction of buildings contain-
ing less than 50,000 100,000 cubic feet of volume, for
additions to buildings or structures in which the addition
results in the entire building or structure containing less
than 100,000 cubic feet of volume, and for alterations of
spaces involving less than 100,000 cubic feet of regard-
less of the total building volume performed by cities, vil-
lages, towns, or counties, provided the same are exam-
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 187
ined in a manner approved by the department. The
department shall determine and certify the competency
of all such examiners.
SECTION 2. 101.12 (3) (br) of the statutes is amended
to read:
101.12 (3) (br) Accept the review and determination
on variances for new construction of buildings contain-
ing less than 50,000 100,000 cubic feet of volume, for
additions to buildings or structures in which the addition
results in the entire building or structure containing less
than 100,000 cubic feet of volume, and for alterations of
spaces involving less than 100,000 cubic feet of regard-
less of the total building volume performed by cities, vil-
lages, towns, and counties certified under par. (b) if the
department has certified the competency of the city, vil-
lage, town, or county to issue variances and if the vari-
ances are reviewed in a manner approved by the depart-
ment. Owners may submit variances to the city, village,
town, or county or to the department.
SECTION 3. 101.12 (3g) (d) 1. of the statutes is
repealed.
SECTION 4. 101.12 (3m) (e) of the statutes is
repealed.
SECTION 5. 101.19 (1g) (am) of the statutes is
repealed.
SECTION 6. SPS Table 302.31−3 of the administrative
code is repealed.
SECTION 7. SPS 302.31 (1) (g) of the administrative
code is repealed.
SECTION 8. SPS 302.31 (1) (h) of the administrative
code is repealed.
SECTION 9. SPS 361.60 (2) (c) (intro.) of the adminis-
trative code is amended to read:
SPS 361.60 (2) (c) (intro.) Second class cities intend-
ing to perform the expanded plan examination and
inspection specified in sub. (5) (b) shall comply with
pars. (a) 1. to 6. and (b) 3. and 4., sub. (7) (b), and all of
the following:
SECTION 10. SPS 361.60 (7) (a) of the administrative
code is renumbered SPS 361.60 (7).
SECTION 11. SPS 361.60 (7) (b) of the administrative
code is repealed.
SECTION 12.0Nonstatutory provisions.
(1) REPORT ON OUTREACH TO LOCAL GOVERNMENTS.
The department of safety and professional services shall
prepare a plan for encouraging cities, villages, towns, and
counties to conduct examinations and inspections under
s. 101.12 (3), (3g), and (3m) and increasing support pro-
vided to those cities, villages, towns, and counties and
shall submit the plan to the legislature in the manner pro-
vided under s. 13.172 (2) no later than January 1, 2025.