Summary of October 17, 2019 Member Meeting

Post date: Nov 18, 2019 3:46:44 PM

Alliance for Regulatory Coordination

Summary of Member Meeting

Meeting Date: October 17, 2019

Location: Sun Prairie City Hall, 300 E. Main Street, Sun Prairie, Wisconsin

The meeting was convened at 9:05 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC.

Regarding the statutory basis for the commercial building code, there was agreement among attendees that the ARC should submit comments and documents to Attorney General Kaul, concerning the request for a formal AG opinion from the office of Governor Evers, regarding the relationship between general and specific statutory authority granted to state agencies. The statutory basis of the Wisconsin Commercial Building Code was put into question by a formal opinion of the previous AG. DuPont said he would next send the question to all ARC members, since not all Classic members were in attendance at the meeting.

Regarding continuing communications with the Department of Safety and Professional Services, four topics were addressed as follows:

On repairs to UDC homes, DuPont reported that on October 1, 2019, DSPS leadership again communicated the Department has no plans to change the definition of “repairs”, or the exemption from code application to repairs to homes originally constructed under the Wisconsin Uniform Dwelling Code. DuPont said the Uniform Dwelling Code Council could take up this topic when they next meet, although no meeting date has yet been set.

On the need for a Dwelling Contractor Credential to obtain a building permit, DuPont reported that on October 1, 2019, DSPS leadership communicated the Department had no plans for updating or removing the DSPS FAQ that says municipalities cannot require dwelling contractor credentials for repairs to homes originally constructed under the UDC. DuPont said he asked the Department to revisit this matter once again, in light of the clear and unambiguous statutory requirements of Sections 101.65(1m), 101.654 (1)(a), and 101.615 (3), Wisconsin Statutes. DuPont said, that if the DSPS maintains their position that the administrative rules of the UDC overshadow statutory requirements passed by the legislature, the ARC could request an opinion from Legislative Council, via state legislators, like it did regarding the statutory basis of the Wisconsin Commercial Building Code. No opposition was raised concerning that potential action. DuPont said he would query all ARC members before making such request to legislators.

On coordination of commercial building inspections within delegated municipalities, DuPont reported that on October 1, 2019, DSPS leadership communicated that the Department does not believe there is a conflict in the statutes. The Department continues to take the position that Section 66.10015 (6)(b) 2, Wisconsin Statutes, applies to one- and two-family homes, while Section 101.12 (3c), Wisconsin Statutes, applies to commercial buildings. DuPont said he continues to believe the DSPS is mistaken in their interpretation and application of the law. However, due to the low likelihood of requests to the DSPS for inspection services due to untimely local service, DuPont recommended that ARC shift its focus off this issue for now. Attendees agreed with that recommendation.

On the September 3, 2019, meeting between DuPont and DSPS Assistant Deputy Secretary Dan Hereth, DuPont reported the meeting came at the request of Mr. Hereth after he shared the ARC priorities with Mr. Hereth in August. During the meeting each ARC priority was briefly explained and discussed. DuPont said the meeting went well and he believes DSPS leadership will have a better understanding of ARC concerns and goals as a result.

Regarding a possible statewide uniform code for pre-1980 homes, DuPont led a review of the possible statute changes he developed for ARC consideration. Attendees discussed expanding the scope of the UDC to include maintenance of homes in addition to repairs. There was acknowledgment that adding maintenance to the scope of the UDC could complicate the initiative concerning a statewide code for pre-1980 homes. It was pointed out that property maintenance can now be regulated under municipal zoning ordinances. DuPont said he would research the scope of the International Residential Code and then make a recommendation on the matter.

DuPont reported on a meeting he had with Brad Boycks, with the Wisconsin Builders Association, concerning this initiative. He said that Brad indicated that once the ARC came to consensus on the draft statute change text, he would discuss the idea with WBA leadership. Brad said additional information about communities that now use the Uniform Building Code, developed by the Building Inspectors Association of Southeastern Wisconsin, would be helpful during WBA consideration of the matter. He also suggested that ARC focus on introduction of legislation during the legislative session of 2021-22.

Attendees next reviewed the project timeline developed by DuPont, with no changes recommended. DuPont said he would next query all ARC members about moving forward with this initiative along the timeline proposed. The goal will be to have ARC consensus on the matter by early November.

The next meeting of Alliance Members was set for January 15, 2020, from 9:00 to 10:30 a.m. The meeting will be held at the Sun Prairie City Hall, 300 E. Main Street, Sun Prairie, WI.

The meeting was adjourned at 10:50 a.m.

This summary was prepared by Bob DuPont, Regulatory Guidance and Design, LLC.

It was issued on November 18, 2019.