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Summary of October 17, 2019 Member Meeting

posted by Robert DuPont



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.

 

Meeting Attendees

Organization Represented

Brian Flannery

Wisconsin Code Officials Alliance

Ed Lisinski

Wisconsin Code Officials Alliance

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

James Smith

Wisconsin Code Officials Alliance

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

Matt Mertens

Wisconsin Code Officials Alliance

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Scott Wegner

Wisconsin State Fire Inspectors Association

Tim Schmitz

International Code Council

Bob DuPont

Regulatory Guidance and Design, LLC

 

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

It was issued on November 18, 2019.

ARC Priorities as of August 20, 2019

posted Aug 20, 2019, 12:32 PM by Robert DuPont   [ updated Aug 20, 2019, 12:39 PM ]


ARC Priorities for the Next 12 Months


August 20, 2019



1) Encourage the DSPS to maintain a focus on customers with customer involvement in DSPS decisions regarding services of the Industry Services Division, with an emphasis on:

a) Reconvening the Commercial Building Code Council to advise on code changes to reflect legislative changes in: 2017 Wis. Act 198, concerning agent appointments and certifications; and 2017 Wis. Act 330, concerning uniform procedures for administration of the Wisconsin Commercial Building Code.

b) Reconvening the Dwelling Code Council to advise the DSPS on code changes to reflect legislative changes listed in Scope Statement SS 028-19, and to update the Uniform Dwelling Code.

c) Reconvening the Fire Prevention Code Committee to advise on code changes necessary to update Chapter SPS 314, Fire Prevention Code.

2) Encourage improved deployment of resources among programs and services for safety and buildings, with an emphasis on obtaining additional DSPS staffing authority, through a “14-day request”, for activities of safety and building code development and the coordination of plan review and inspection services with DSPS agent and certified municipalities.

3) Improve coordination of state and municipal regulatory efforts for safety and buildings, with an emphasis on:

a) Reintroduction of wedding barn legislation; 2017 Assembly Bill 187 and Senate Bill 137

b) Reducing redundant plan review between municipalities and the DSPS by encouraging legislation to eliminate the statute for participation fees from 2nd class cities and agent municipalities, or the reduction and simplification of such fees through a code change.

c) Encouraging the DSPS to decide and communicate how the inspection related provisions of 2017 Wisconsin Acts 243 and 330 will be coordinated and implemented.

d) Encouraging legislation to establish a statewide uniform code for one and two-family homes which were initially constructed before the Wisconsin Uniform Dwelling Code went into effect.

e) Encouraging more uniform code administration concerning solar power installations by working with RENEW Wisconsin on model permit and inspection procedures for use by municipalities.

4) Encourage remedial legislation on carbon monoxide detectors related to force-air furnaces serving more than one unit in residential commercial buildings, so state law would more fully reflect the 2015 IBC.

5) Encourage code update activity specifically for:

a) Reviewing the 2015, 2018 and 2021 editions of NFPA 1, and the 2018 and 2021 editions of ICC codes to update the State Fire Prevention Code and the State Commercial Building Code.

b) Reviewing the State Uniform Plumbing Code for necessary updates and clarifications.

c) Establishing requirements for municipalities to renew their agent appointments and certifications every 5 years, as required by Statute Section 101.02 (3o), created by 2017 Wisconsin Act 198.

d) Establishing uniform procedures for the administration of the Wisconsin Commercial Building Code, as required by Statute Section 101.02 (7r) (g) 1., created by 2017 Wisconsin Act 330.

e) Establishing requirements in the Wisconsin Uniform Dwelling Code for repairs made to homes.

f) Establishing requirements in the Wisconsin Uniform Dwelling Code for mandatory inspection of certain additions and alterations to homes originally constructed under the Wisconsin UDC.

g) Adopting the International Residential Code as the base code for the Wisconsin UDC.

6) Pursue implementation of statewide inspection of commercial building construction based on the permit and inspection provisions of the International Building Code.

ARC members believe this pursuit is appropriate in light of the public policy gap that exists between the Wisconsin Uniform Dwelling Code and the Wisconsin Uniform Commercial Building Code. While the dwelling code requires inspections, the commercial building code does not.

7) Monitor legislation related to safety and buildings programs and credentials.

July 25, 2019 Member Meeting Summary

posted Aug 13, 2019, 1:32 PM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: July 25, 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 recent communications with the Department of Safety and Professional Services, four topics were addressed as follows:

On plumbing plan review by appointment, DuPont reported DSPS recently told him the Department is taking appointments for plumbing plan review, however their computer program no longer provides daily appointment availability reports for posting on their website.

On repairs to UDC homes, DuPont reported that on May 10, 2019, DSPS provided a response to the letter that the ARC sent to the department on February 28, 2019, concerning application of the UDC to repairs and the need for holding a dwelling contractor credential to perform such repairs. However, the DSPS response simply referred back to the FAQ posted on the DSPS website in January, 2018. Subsequently, DuPont sent a follow-up letter to DSPS asking the Secretary’s Office to revisit the concerns expressed by the ARC in the February letter to DSPS Secretary Crim. DSPS has indicated they are revisiting the matter.

On coordination of commercial building inspections within delegated municipalities, DuPont reported that on May 10, 2019, DSPS provided a response the letter the ARC sent to the department on February 21, 2019, concerning coordination of the inspection-related provisions of 2017 Wisconsin Acts 243 and 330. However, the DSPs response indicated that the Department interprets the building inspection provisions of Act 243 as pertaining only to one-family and two-family homes. DuPont said it appears to him that the Department’s interpretation of the law relies on titles and headings contained in the law, not on actual provisions contained in the law. He said that statutory titles and headings are not enforceable on their own, and the actual statutory text in question, does not limit its application to one-family and two-family homes. As a result, DuPont is preparing a follow-up letter to DSPS, which will ask the Secretary’s Office to revisit the matter.

On inconsistency between the Wisconsin Plumbing Code and the Commercial Building Code relative to heated water circulation and energy conservation, DuPont reported that the Plumbing, Heating, Cooling Contractors Association of Wisconsin requested his assistance in communications with DSPS leadership. A meeting with DSPS was held on June 7, 2019, where it was explained that the recently adopted 2015 International Energy Conservation Code requires more piping than the Wisconsin Plumbing Code. And, due to a lack of communication from the DSPS to the plumbing industry, plumbing designs and installations based on the plumbing code are being rejected by plan reviewers and inspectors. The result is costly in terms of time and money, since plan redesigns, and changes to installations are being required by regulatory officials. Furthermore, the coordination of the codes was never brought before the Plumbing Code Advisory Committee which just recently endorsed a package of code changes. DSPS is currently revisiting this matter.

Regarding the DSPS code change project on electrical inspection fees, DuPont said it is still unclear whether the DSPS fee change proposal will attempt to control fees charged by third-party inspectors administering commercial electrical inspections on behalf of the Department. He suggested that the ARC send a letter to DSPS expressing two points: that the agency lacks statutory authority to set fees charged by private service providers; and that by controlling such private service fees, the state bidding process for such services could be negatively affected because costs to provide services vary throughout the state. There was agreement that DuPont should prepare such a letter for consideration by all ARC members.

NOTE: On July 29th, (after this meeting) the DSPS code change proposal was announced, and it does not propose to limit fees charged by third-party inspectors. As a result, no ARC letter will be developed.

Regarding progress on ARC priorities during the past year, the group reviewed and accepted the July 2019 status report from DuPont. Richard Paur reported it appears the DSPS is working to appoint new members to the Commercial Building Code Council, and Scott Satula reported that Brian Satula is no longer working in Wisconsin Emergency Management.

Regarding ARC priorities for the next 12 months, the group reviewed and generally agreed with the proposed update developed by DuPont. Under the proposal, the number of priorities would be reduced from eight to seven, with additional, more specific, objectives included under several priorities. Discussion focused on the following areas:

On encouraging the DSPS to maintain a focus on customers with customer involvement in DSPS decisions regarding services of the Industry Services Division, Matt Mertens and Ed Ruckriegel suggested that updating building and fire safety codes relative to hemp extraction facilities should become a priority of the DSPS. Matt also said photo-voltaic solar collectors are becoming much more prevalent, and as a result the 2018 NFPA 1, Fire Safety Code, contains more guidance than previous editions. Matt and Ed encouraged the ARC to raise these matters in communications with DSPS relative to reconvening the Commercial Building Code Council and the Fire Prevention Code Committee.

Also, Ed Ruckriegel reported that the City of Madison Fire Department is working on a potential new city ordinance that would provide code trade-offs for fire sprinklers in new one-family and two-family dwellings. Such trade-offs would reflect egress provisions of the International Residential Code. Ed encouraged the ARC to consider raising this topic in communications with the DSPS relative to reconvening the Dwelling Code Council.

On encouraging code update activity, DuPont reminded that during discussion of the topic of repairs made to UDC homes, during the July 2018 ARC Member Meeting, it had been suggested that the ARC encourage promulgation of requirements in the Wisconsin Uniform Dwelling Code for mandatory inspection of certain additions and alterations to home originally constructed under the Wisconsin UDC. He said that was the driver for him more specifically including that objective in the proposed ARC priorities for the next 12 months.

On encouraging adoption of the International Residential Code, DuPont said he proposed that specific objective now because Governor Evers and DSPS Secretary Crim are new to their positions and may be more receptive to this idea than previous officials. He indicated that adoption of the IRC could address the sprinkler trade-offs that Ruckriegel had earlier proposed for the Wisconsin UDC, as well as many other matters that the Dwelling Code Council and DSPS have struggled with in the past.

DuPont said he would send the proposed new priorities to all ARC Members for their review and approval, since not all members attended the meeting today. If no opposition is heard from any ARC Classic Member, the new priorities will be posted on the ARC website, and will drive ARC activities for the next 12 months.

The next meeting of Alliance Members was set for October 17, 2019, 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 11:55 a.m.


Meeting Attendees

Organization Represented

Brian Flannery

Wisconsin Code Officials Alliance

Corey Gall

Wisconsin Fire Protection Coalition

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

James Smith

Wisconsin Code Officials Alliance

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

Matt Mertens

Wisconsin Code Officials Alliance

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Steve Breitlow

Plumbers Local 75

Bob DuPont

Regulatory Guidance and Design, LLC


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

It was issued on August 13, 2019.

Summary of April 17, 2019 Member Meeting

posted Jun 3, 2019, 8:03 AM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: April 17, 2019

Location: Sun Prairie Fire Department Station 2, Sun Prairie, Wisconsin


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

Regarding Building Safety Month, DuPont said that the office of Governor Evers has agreed to issue a proclamation as requested by the ARC. DuPont said he plans on issuing a press release about the proclamation and issuing a press release during each week of May, reflecting the weekly themes developed by the International Code Council.

Attendees introduced themselves and identified the organizations they were representing, and at the request of Jim Boullion, shared their concerns or involvement with solar power installations. Jim is the Government Affairs Director for RENEW Wisconsin, a nonprofit organization dedicated to building a stronger, healthier, more vibrant Wisconsin through the advancement of renewable energy. RENEW Wisconsin works on policies and programs that support solar power, wind power, biogas, local hydropower, geothermal energy, and electric vehicles.

Regarding solar power, Jim Boullion referred to his handout of notes from a meeting between the DSPS, RENEW Wisconsin, and various solar company representatives, held on December 18, 2018. As discussed during that meeting, Jim said that major concerns for solar contractors are local permitting, inspection and interconnection problems that increase the cost of solar power. Jim said that RENEW Wisconsin would like to work with ARC members on issues related to inconsistencies between municipalities relative to permit and inspection procedures and the need for training of inspectors.

RENEW Wisconsin would like the State Uniform Dwelling Code (UDC) changed to add “solar” as a project type relative to the UDC permit and inspection process. They would also like to see more standardization in permit and inspection fees among municipalities.

Dialogue resulted in general agreement on the following general goals for a potential joint effort between RENEW Wisconsin and the ARC.
  • To develop a model for more standardized permit and inspection procedures among municipalities.
  • To develop a model for more standardized permit and inspection fees among municipalities.
  • To use the International Building Code and International Residential Code as models for standardized administration of solar permits, inspections and fees.
  • To explore avenues towards standardizing code administration for solar power installations at Wisconsin homes initially constructed before June 1, 1980, when the UDC went into effect.
  • To encourage the Wisconsin Department of Safety and Professional Services and Wisconsin municipalities to utilize the model permit and inspection procedures, and model fee schedule, expected to be developed through the joint effort between RENEW Wisconsin and the ARC.

DuPont suggested formation of a workgroup, made up of interested ARC members, to meet with RENEW Wisconsin and representatives of the solar industry to work towards the abovementioned goals. He said such a workgroup could be formed if there was no objection from Classic ARC Members.

Concerning solar training for inspectors, it was agreed that RENEW Wisconsin would work directly with the various inspector groups throughout Wisconsin, including: the Northwest Wisconsin Building Inspectors Association; the Southwestern Wisconsin Building Inspectors Association; the Wisconsin Code Officials Alliance; the Wisconsin Chapter of the International Association of Electrical Inspectors; and the Wisconsin State Fire Inspectors Association. It was also suggested that RENEW Wisconsin work directly with groups representing first responders, including: the Wisconsin State Fire Chiefs Association; the Professional Fire Fighters of Wisconsin; and the Wisconsin State Firefighters Association, to coordinate training on safety relative to solar energy installations.

Regarding the ARC request for repeal of plan review participation fees in the state budget bill, DuPont gave an update on ARC working with the League of Wisconsin Municipalities and Wisconsin Economic Development Association to send a joint letter to members of the legislature’s Joint Committee on Finance, requesting this repeal. He said a letter, similar to what was sent to Governor-Elect Evers in December 2018, had been suggested to these groups, with hopes the letter could be sent in April.

Regarding ARC issues raised to the DSPS in 2019, DuPont reported that he had received no response from the DSPS following the ARC letters. There was agreement that DuPont should ask DSPS leadership for their reaction to the ARC concerns, recommendations and requests communicated to the agency. DuPont said he would contact the DSPS for a status update, and would keep ARC members informed.

Brian Juarez said the Board of Directors for the Wisconsin Chapter of the International Association of Electrical Inspectors had voted to oppose making any changes to the trigger for electrical permits contained in the State Electrical Code. He said he would make sure that decision was formally communicated to the Alliance as soon as possible. DuPont said that such opposition would result in the ARC being neutral on the matter, since the Wisconsin Chapter of the IAEI is a Classic ARC member.

Regarding DSPS fee adjustments, services, staffing and lapses, DuPont reminded that the DSPS had recently obtained legislative clearance to lower various credentialing fees for professions historically regulated by the former Department of Regulation and Licensing. He asked whether ARC members would like ARC to request fee reductions for fees set under Chapters 101 and 145, Wis. Statutes, or whether ARC members would rather request additional staff for DSPS safety and buildings programs.

There was agreement to focus on requesting additional staff to bring more of a balance between revenue and expenditures in the DSPS safety and building program area. The first step would be for DuPont to draft a letter to the Joint Committee on Finance, expressing support for Governor Evers’ recommendation to add 10 new FTE positions for the DSPS safety and building programs. The draft letter would be sent to all ARC members for review and approval prior to it being finalized and sent.

Jim Smith and Scott Satula both said more DSPS staff resources and focus are needed in the area of code and standards development, at both the state and national level. They also applauded local officials now involved in such state and national efforts.

The next meeting of Alliance Members was set for July 18, 2019, from 9:00 to 10:30 a.m. The meeting will be held at Sun Prairie Fire Department Station 2, at 2598 W. Main Street, Sun Prairie, WI.

Please Note: The date of the next meeting of Alliance Members was subsequently changed to:
Thursday, July 25, 2019.

The meeting was adjourned at 11:25 a.m.

 

Meeting Attendees

Organization Represented

Adam Gusse

Sunvest Solar (Guest)

Brian Flannery

Wisconsin Code Officials Alliance

Brian Juarez

International Association of Electrical Inspectors-Wisconsin Chapter

Cari Helberg

HellermannTyton (Guest)

Corey Gall

Wisconsin Fire Protection Coalition

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Lisinski

Wisconsin Code Officials Alliance

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

James Smith

Wisconsin Code Officials Alliance

Jim Boullion

Renew Wisconsin (Guest)

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

Mark Mlekush

Sun Prairie Fire Department (Host)

Nick Korth

HellermannTyton (Guest)

Nick Matthes

Midwest Renewable Energy Association (Guest)

Scott Satula

Wisconsin Code Officials Alliance

Scott Wegner

Wisconsin State Fire Inspectors Association

Bob DuPont

Regulatory Guidance and Design, LLC

 

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

It was issued on June 3, 2019.

Summary of Member Meeting on January 16, 2019

posted Feb 4, 2019, 2:30 PM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: January 16, 2019

Location: Sun Prairie Fire Department Station 2, Sun Prairie, Wisconsin

The meeting was convened at 9:05 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding general introduction of ARC to the Evers Administration, DuPont recommended that the ARC send letters of introduction to Governor Evers and DSPS Secretary-Designee Crim. He suggested the letters offer the Alliance as an information and support resource to the Evers Administration, relative to the safety and building programs of the DSPS. During discussion several member representatives suggested that the letters could also address some “low hanging fruit”, such as the need to improve the DSPS code development schedule and DSPS communications efforts to its customers.

After additional discussion, those in attendance agreed that DuPont should develop a single letter of introduction, addressed to both Evers and Crim, for review by all ARC members. DuPont said development of that letter will be the next formal step in communicating with the Evers Administration.

Regarding specific issues concerning the DSPS,
discussion resulted in the following 12 steps being agreed to, subject to concurrence by all ARC Classic Members subsequent to the meeting. Those in attendance agreed that ARC letters should be first directed only to Secretary-Designee Crim to give the DSPS a chance to respond accordingly.
  1. On repeal of plan review participation fees, DuPont will continue working with the League of Wisconsin Municipalities and the Wisconsin Economic Development Association in an effort to have Governor Evers include this change in his budget proposal. Additional efforts may involve approaching members of the Joint Committee on Finance.
  2. On electrical inspections for commercial buildings, DuPont will draft a letter to Secretary Crim encouraging the DSPS to maintain its efforts to implement these inspections as required by state statutes and the State Electric Code.
  3. On the DSPS code interpretation concerning repairs to UDC homes, DuPont will draft a letter to Secretary Crim encouraging the DSPS to include code application to repairs in the scope of the next code change project for the UDC. The letter will also request the January 2018 code interpretation be revised relative to the need for Dwelling Contractor Credentials; reminding that under State Statute Section 101.615(3), a dwelling contractor credential is needed to apply for a building permit for dwellings initially constructed before, on or after 12/1/1978, regardless of application of the UDC to the building.
  4. On the three topics listed below, DuPont will contact DSPS code development staff to find out the status of DSPS efforts to address code changes and operational changes driven by recent legislation, and report his findings to ARC members.
    • Rules for municipal agent appointments and certifications under 2017 Act 198.
    • Rules for enforcement of the Commercial Building Code and carbon monoxide detection under 2017 Act 330.
    • Coordination of state and municipal building inspections in light of 2017 Acts 243 and 330.
  5. On updating the Wisconsin Fire Prevention Code and Commercial Building Code, to adopt the 2018 edition of NFPA 1 and the 2018 editions of ICC codes, it was agreed that DuPont should draft a letter to Secretary-Designee Crim encouraging the DSPS to coordinate such an effort so those codes are updated on the same cycle with the same code change effective date. Review of the 2018 ICC Energy Conservation Code, as required by State Statute Section 101.027, will be emphasized.
  6. On enforcement of the multifamily sprinkler provisions of the Commercial Building Code, it was agreed that DuPont should query all ARC members on taking a position in support of Wisconsin adopting and enforcing the International Building Code provisions which require sprinklers in multifamily dwellings containing three or more dwelling units.
  7. On legislation concerning carbon monoxide detection involving force-air furnaces that serve more than one dwelling or living unit, DuPont will draft a letter to DSPS Secretary-Designee Crim, informing her that the ARC supports remedial legislation that would reflect provisions of the 2015 International Building Code, as originally proposed by the ARC, and asking for DSPS to support such a statute change.
  8. On establishing a three-year code update cycle for safety and building codes, DuPont will draft a letter to DSPS Secretary-Designee Crim.
  9. On adoption of the International Residential Code, developed by the ICC, as the basis for the Wisconsin Uniform Dwelling Code, DuPont will draft a letter to DSPS Secretary-Designee Crim.
  10. On establishing a statewide program for inspection of commercial building construction, similar to what is in place for new one- and two-family dwellings, DuPont will draft a letter to DSPS Secretary-Designee Crim.
  11. On discontinuing the DSPS Designer of Engineering Systems Certification Program, as recommended in the Wisconsin Occupational Licensing Study, DuPont will query ARC members on supporting continuation of that program.
  12. On legislation to establish a state uniform code for alterations and additions to pre-UDC homes, DuPont will continue dialogue with other interested parties, including builders, remodelers and realtors, as well as the League of Wisconsin Municipalities.

For each of the 12 steps above, all ARC members will be involved in review and commenting on potential letters to be sent by the ARC, and potential positions to be taken by the ARC.

Relative to recognition of ICC and NICET credentials as proof of competency for obtaining a Wisconsin Fire Detection, Prevention and Suppression Inspector Credential, there was agreement to take no action at this time due to the DSPS recognition of fire inspector training courses offered in Wisconsin.

During discussion of fire sprinklers, it was agreed that the DSPS failure to adopt various fire-related aspects of the 2015 IBC, including those related to rooftop assembly occupancies, should be addressed by the ARC Fire Safety Team during their next meeting, following the next ARC Member Meeting. Richard Paur agreed to help identify the issues prior to the Fire Team Meeting.

The next meeting of Alliance Members was set for April 17, 2019, from 9:00 to 10:30 a.m. The meeting will be held at Sun Prairie Fire Department Station 2, at 2598 W. Main Street, Sun Prairie, WI.

The meeting was adjourned at 11:55 a.m.

Meeting Attendees

Organization Represented

Brian Flannery

Wisconsin Code Officials Alliance

Corey Gall

Wisconsin Fire Protection Coalition

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Lisinski

Wisconsin Code Officials Alliance

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

James Smith

Wisconsin Code Officials Alliance

Jeff Beiriger (phone)

Plumbing, Heating, Cooling Contractors of Wisconsin

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

Mark Mlekush

Host

Marty King

Wisconsin Fire Protection Coalition

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Tim Schmitz

International Code Council

Travis Theisen

Wisconsin Fire Protection Coalition

Vernon Green

Wisconsin State Fire Inspectors Association

Bob DuPont

Regulatory Guidance and Design, LLC

 

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

It was issued on February 4, 2019.

Summary of Oct. 18, 2018 Member Meeting

posted Nov 12, 2018, 7:32 AM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting

Meeting Date: October 18, 2018

Location: Associated Builders and Contractors (ABC) of Wisconsin, Madison, Wisconsin


The meeting was convened at 9:05 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Following introductions DuPont commented that he had recently attended a meeting of the DSPS Plumbing Code Advisory Committee, and was pleased to observe how DSPS program staff were involved in code development conversations. Jeff Beiriger said he has heard positive comments from PHCC-WI members that are on the Code Committee, about the process and progress achieved by the committee.

Regarding carbon monoxide detection, DuPont reviewed the latest proposal from the Wisconsin Hotel and Lodging Association concerning possible statute changes to address carbon monoxide detection in multistory buildings. He said the proposal reflects the policy he had recommended to ARC members and the WHLA earlier this year. Richard Paur provided a brief recap of the problem being addressed; the lack of detectors on floors other than the first floor served by a central forced-air furnace. For example, if rooftop units are utilized, under current law, only the top floor of the building is required to have carbon monoxide detectors installed.

Discussion centered on possible allowance of in-duct carbon monoxide detectors and allowing detectors to be placed in every fourth living or dwelling unit as opposed to following provisions of the International Building Code. DuPont said he would report on what he learns about in-duct carbon monoxide detectors; their operation and possible U.L. listing, etc. He also said there is time for ARC members to reconsider their position on how best to fix the problems seen in current state law relative to allowing detectors in every fourth living or dwelling unit where central forced-air furnaces are installed.

Regarding repeal of fees for municipal plan review participation, DuPont reminded that - despite the ARC request to do so - the DSPS did not include repeal of these fees in the department’s budget proposal forwarded to the Governor in September. DuPont said the next step would likely be sending a letter to the Governor, or Governor-elect, similar to the letter sent to the DSPS in July.

Regarding issues reflected in various letters sent to the DSPS, DuPont asked if anyone had heard from the DSPS about the six issues addressed in the letters sent by the ARC to the DSPS recently. He said DSPS had sent confirmation of receipt for some of the letters, but nothing addressing the substance of the letters. Attendees said they too had not heard anything substantive from the DSPS.

Note: The issues addressed in five ARC letters to the DSPS were: rules for municipal agent appointments and certifications (related to 2017 WI Act 198); rules for enforcement of the Commercial Building Code and carbon monoxide detection (related to 2017 WI Act 330); rules for repairs made to UDC homes (reaction to DSPS code interpretation); rules to adopt the 2018 edition of NFPA 1 as the basis for SPS 314, Wisconsin Fire Prevention Code; and coordination of inspection-related provisions of 2017 Wisconsin Acts 243 and 330.

Concerning rules for repairs made to UDC homes, DuPont said the League of Wisconsin Municipalities told him they support the ARC initiative encouraging rules for repairs, while the Wisconsin Economic Development Association said they would be neutral at this time. He also reported that Brad Boycks, of the Wisconsin Builders Association asked the Alliance to develop proposed code change text for the WBA and Uniform Dwelling Code Council to consider. DuPont said he had a draft of such text almost finished and would share it with ARC members for comment within the next week or so.

Regarding a possible uniform code for pre-UDC homes, DuPont said the next step is to develop a white paper on the topic. He said he expects to have a draft developed within the next month or two. Scott Satula reminded that many years ago the Building Inspectors Association of South East Wisconsin developed a model code for pre-UDC homes in conjunction with building contractors in the area. He said it is used by communities throughout Southeast Wisconsin, and recommended it be used as a starting point for development of a statewide code for pre-UDC homes. DuPont said he would include mention of that model code in the draft white paper.

The next meeting of Alliance Members was set for January 16, 2019, from 9:00 to 10:30 a.m. The meeting will be held at Sun Prairie Fire Department Station 2, at 2598 W. Main Street, Sun Prairie, WI.

The meeting was adjourned at 10:30 a.m.

Meeting Attendees

Organization Represented

Brian Juarez

International Association of Electrical Inspectors, WI Chapter

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Lisinski

Wisconsin Code Officials Alliance

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

James Smith

Wisconsin Code Officials Alliance

Jeff Beiriger (phone)

Plumbing, Heating, Cooling Contractors of Wisconsin

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

Marty King

Wisconsin Fire Protection Coalition

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Travis Theisen

Wisconsin Fire Protection Coalition

Bob DuPont

Regulatory Guidance and Design, LLC


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

It was issued on November 12, 2018.

ARC Prioities Updated

posted Aug 22, 2018, 1:40 PM by Robert DuPont



ARC Priorities for the Next 12 Months

August 22, 2018


1) Encourage the DSPS to maintain a focus on customers with customer involvement in DSPS decisions regarding services of the Industry Services Division.

2) Improve the deployment of resources among programs and services for safety and buildings.

3) Improve coordination of state and municipal regulatory efforts for safety and buildings, with an emphasis on:

· Reintroduction of wedding barn legislation; 2017 Assembly Bill 187 and Senate Bill 137

· Reducing redundant plan review between municipalities and the DSPS by encouraging legislation to eliminate the statute for participation fees from 2nd class cities and agent municipalities.

· Encouraging the DSPS to decide and communicate how the inspection related provisions of 2017 Wisconsin Acts 243 and 330 will be coordinated and implemented.

· Encouraging legislation to establish a statewide uniform code for one and two-family homes which were initially constructed before the State Uniform Dwelling Code went into effect.

4) Encourage remedial legislation on carbon monoxide detectors related to force-air furnaces serving more than one unit in residential commercial buildings.

5) Encourage code update activity; specifically, for:

· Reviewing the 2015 and 2018 editions of NFPA 1 to update the State Fire Prevention Code.

· Reviewing the State Uniform Plumbing Code for necessary updates and clarifications.

· Establishing requirements for municipalities to renew their agent appointments and certifications every 5 years, as required by Statute Section 101.02 (3o), created by 2017 Wisconsin Act 198.

· Establishing uniform procedures for the administration of the Wisconsin Commercial Building Code, as required by Statute Section 101.02 (7r) (g) 1., created by 2017 Wisconsin Act 330.

· Establishing requirements in the Wisconsin Uniform Dwelling Code for repairs made to homes.

6) Participate in Wisconsin Emergency Management efforts to create Building Safety Evaluation Strike Teams to help respond to disasters.

7) Pursue implementation of statewide inspection of commercial building construction, with an emphasis on hospitals, nursing homes, community based residential facilities (CBRF) and hospice facilities.

8) Monitor legislation related to safety and buildings programs and credentials.

Summary of July 25, 2018 Member Meeting

posted Aug 22, 2018, 1:14 PM by Robert DuPont   [ updated Aug 22, 2018, 1:26 PM ]



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: July 25, 2018

Location: Associated Builders and Contractors (ABC) of Wisconsin, Madison, Wisconsin



The meeting was convened at 9:05 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding possible future legislative initiatives, three topics were addressed as follows:

On carbon monoxide detection; forced-air furnace provisions, DuPont recapped the meeting he and Richard Paur had with representatives of the Wisconsin Hotel and Lodging Association on June 27, 2018. Richard Paur summarized the concerns of ARC members which were discussed during the meeting. He explained that current law is silent concerning carbon monoxide detectors on more than one floor of multifamily buildings served by roof-top forced-air furnaces, where the detection method requested by the WHLA is utilized. The WHLA method allows detectors located in every fourth dwelling or living unit on a floor served by a forced-air furnace.

DuPont said the WHLA representatives recognized the problem identified by ARC members, and they agreed to develop recommended statutory changes to address concerns raised by ARC members. The goal is to have agreement between the WHLA, ARC and the Department of Safety and Professional Services before January 2019, when the next legislative session begins.

James Price said building owners in northwest Wisconsin are concerned about having to tie carbon monoxide detectors into the central fire alarm system, due to the likelihood of false alarms triggered by carbon monoxide detectors located within dwelling or living units. Joe Hertel explained that most apartment buildings and hotels are constructed so that their carbon monoxide detectors and smoke detectors located within dwelling or living units send their alarm signals to a supervised location, not directly to the building alarm.

On wedding barns, DuPont summarized his phone calls with Nancy Mistele, Director of the Wisconsin Office of Business Development, and Jeff Curry, in the office of Representative Tranel. Both Mistele and Curry said they understood that the Senate failed to take up 2017 Assembly Bill 187, during the last legislative session, due to concerns related to alcohol licensing, not due to concerns with the building safety provisions of the bill. DuPont said that Jeff Curry indicated that Representative Tranel would like to reintroduce legislation during the next legislative session if he is reelected in November. Curry expects such new legislation would be the same as 2017 Assembly Bill 187, which passed the Assembly during the last legislative session. Price said that wedding barns are popular in northwest Wisconsin, and this legislation would be helpful.

On repeal of fees for municipal plan review participation, DuPont reported that the joint letter to the DSPS, from the ARC, League of Wisconsin Municipalities, and Wisconsin Economic Development Association, is currently being routed for signatures. The letter asks the DSPS to include in their budget request, repeal of statutory provisions that require the DSPS to charge plan review participation fees to second class cities and municipalities that are delegated or appointed as agents of the DSPS to conduct state level commercial building plan review. DuPont said he expects the letter to be sent to the DSPS by the end of the week, and will keep ARC members updated concerning any DSPS response. DuPont related that recently Ed Ruckriegel had asked him whether Permit to Operate fees could be included in the dialogue concerning fees charged by the DSPS to delegated municipalities. Currently, the DSPS requires the City of Madison to collect PTO fees for elevators in Madison, and to forward such to DSPS. DuPont said he would research the PTO situation and make a recommendation at a later date.

Regarding progress on ARC priorities during the past year, the group reviewed and accepted the July 2018 status report from DuPont. Discussion focused on several points as follows:
  • Encouraging the DSPS to maintain a focus on customers with customer involvement in DSPS decisions regarding services of the Industry Services Bureau;
  • Improving the deployment of DSPS resources among programs and services for safety and buildings; and
  • Participating in the Wisconsin Emergency Management efforts to create Building Evaluation Strike Teams to help respond to disasters.

Regarding ARC priorities for the next year, the group reviewed and generally agreed with the proposed update developed by DuPont. Under the proposal, there would continue to be eight priorities; however, several priorities would be updated in response to recent legislation and developments related to building regulation by the DSPS and the Wisconsin Department of Health Services. Discussion focused on the following areas:
  • Improving coordination of state and municipal regulatory efforts for safety and buildings by encouraging legislation to establish a statewide uniform code for one- and two-family homes which were initially constructed before the State Uniform Dwelling Code went into effect;
  • Encouraging code update activity for reviewing the 2015 and 2018 editions of NFPA 1 to update the State Fire Prevention Code;
  • Encouraging code update activity to establish requirements in the UDC for repairs made to homes initially built under the UDC; and
  • Pursuing implementation of statewide inspection of commercial building construction, with an emphasis on hospitals, nursing homes, community based residential facilities and hospice facilities.
DuPont said he would send the proposed new priorities to all ARC members for their review and approval, since not all members attended the meeting today. If no opposition is heard from any ARC Classic Member, the new priorities will be posted on the ARC web site.

Regarding the venue for future ARC meetings, DuPont said that the ABC has offered continued use of their facility, even though they are no longer members of the Alliance. He said Brian Flannery suggested meeting at Sun Prairie Fire Department Station 2, nearby on Grand Avenue in Sun Prairie, starting in January 2019. Ed Ruckriegel said Madison Fire Department Station 11, located nearby on Nelson Road, would also be an option. Cory Gall offered use of the new training facility of Steamfitters Local 601, on Town Center Drive, near Sprecher Road on the east side of Madison. All three suggested locations are within ten minutes of the current venue at ABC. It was agreed to utilize the ABC facility for the October 2018 ARC meetings and to decide the venue for subsequent meetings at that time.

The next meeting of Alliance Members was scheduled for October 18, 2018, from 9:00 to 10:30 a.m. The meeting will be held at the offices of the Associated Builders and Contractors of Wisconsin.

The meeting was adjourned at 11:30 a.m.

Meeting Attendees

Organization Represented

Corey Gall

Wisconsin Fire Protection Coalition

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Lisinski

Wisconsin Code Officials Alliance

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

James Price

Northwest Wisconsin Building Inspectors Association

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Scott Wegner

Wisconsin State Fire Inspectors Association

Tim Schmitz

International Code Council

Bob DuPont

Regulatory Guidance and Design, LLC



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

It was issued on August 22, 2018.

Summary of April 25, 2018 Member Meeting

posted May 14, 2018, 2:10 PM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: April 25, 2018

Location: Associated Builders and Contractors (ABC) of Wisconsin, Madison, Wisconsin


The meeting was convened at 9:05 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding recent legislative activity, DuPont recapped the successful ARC lobby effort to change state law concerning review of plans for building alterations involving less than 100,000 cubic feet by delegated agents of the DSPS, as found in 2017 Wisconsin Act 198. He also recapped the successful ARC lobby effort to change state law concerning carbon monoxide detection in commercial residential buildings, as found in 2017 Wisconsin Act 330.

DuPont next reviewed provisions of 2017 Wisconsin Acts 243 and 330, as they relate to inspections conducted by the DSPS. According to DuPont, the cited provisions are somewhat contradictory, resulting in the need for careful coordination by the DSPS when implementing these laws. Act 243 contains a provision that allows a subdivision developer to request an inspection by a state building inspector if the local building inspector does not complete an inspection within 14 business days of the request for inspection. However, Act 330 says that if the Department (DSPS) has delegated authority to perform building inspection services as an agent of the Department, to a city, village, town, of county and the city, village, town, or county has assumed that responsibility, the Department may not perform building inspection services within the scope of that delegation in the city, village, town, or county.

Brian Flannery said that during a recent training event, DSPS staff said that Act 243 did not apply to inspections required under the Wisconsin Uniform Dwelling Code. DuPont suggested that a work group of ARC members explore this situation and develop draft ARC recommendation to the DSPS for all ARC members to consider. He offered that one recommendation might relate to DSPS delegation letters being revised to recognize and coordinate the building inspection options outlined in Act 243.

Regarding possible future legislative initiatives, two topics were addressed as follows:

On participation fees paid by municipalities, DuPont asked if those present were interested in continued ARC efforts to encourage repeal of participation fees paid by delegated municipalities that conduct state-level plan reviews. He recalled past ARC efforts in this regard: in 2016, asking Governor Walker to propose the repeal such fees in his 2017-19 budget proposal; and in early 2018, asking for an amendment to Assembly Bill 641. Because those efforts did not result in any change, DuPont suggested ARC members consider requesting the change again as part of the next State Budget. Among those present, there was agreement to continue pursuing this statute change. As a result, DuPont said he would next pose the question to all ARC members via email.

On wedding barns, DuPont asked if those present were interested in the ARC recommending 2019 reintroduction of 2017 Wisconsin Assembly Bill 187, concerning building safety regulations for certain existing barns if they are converted to assembly occupancies. He said it was unclear why the Senate did not take up AB 187 after it passed the Assembly on a voice vote. DuPont asked if he should explore why AB 187 did not pass, by discussing the matter with staff in the office of Representative Tranel, and with Nancy Mistele in the DOA Office of Business Development. Dave Bloom said that he believed that the fire service is generally OK with provisions of AB 187, as improved by ARC lobby efforts. Among those present there was agreement to have DuPont explore this situation with an eye towards supporting reintroduction of 2017 AB 187 during the next legislative session which begins in early 2019. As a result, DuPont said he would next pose the question to all ARC members via email.

Regarding the Attorney General’s opinion on fire sprinklers, DuPont reviewed what he feels are logic problems and general shortcomings of the AG opinion issued on December 8, 2017. He said there are similarities in the methods of statutory interpretation found in the AG’s opinion on sprinklers and the position argued by the AG relative to special elections not being ordered by the Governor. In both cases, according to DuPont, the AG ignored important and powerful statutory provisions.

The AG opinion on sprinklers, according to DuPont, could be viewed as undermining the entire Wisconsin Commercial Building Code because it fails to recognize the broad, long-standing statutory authority and assignment to the DSPS to promulgate rules for public safety within public buildings and places of employment. As a result, the entire Wisconsin Commercial Building Code may be open for challenge by anyone opposed to code requirements that are based on general statutory authority.

DuPont asked if those present were in favor of the ARC approaching a legislator to request the legislator ask for an opinion from Legislative Council; the body of attorneys that advise legislators during development of legislation and administrative rules. The request for opinion would focus on identifying and evaluating the general statutory authority and assignments of the Department of Safety and Professional Services as they relate to sprinklers and all other aspects of the Wisconsin Commercial Building Code. DuPont said it is clear that the DSPS has authority to change the sprinkler trigger from 3 units to 20 units, but it is certainly not clear that such a roll back of sprinkler safety provisions is required by state law.

There was agreement to approach a legislator concerning obtaining an opinion from Legislative Council. As a result, DuPont said he would next pose the question to all ARC members via email.

Regarding DSPS positions on application of the Wisconsin Uniform Dwelling Code, DuPont recapped the DSPS position that municipalities may not enforce the UDC on repairs made to homes originally constructed under the UDC. He also recounted the DSPS position that the UDC may not be applied to auxiliary buildings, such as garages or storage buildings.

DuPont said that in both cases, the DSPS has failed to communicate that, regardless of the UDC, both the State Electrical Code, and State Plumbing Code apply to the construction and repair of any building in Wisconsin, other than those specifically exempted by state statutes. DuPont also explained that the UDC contains ambiguous provisions relative to code applicability to repairs. He suggested that consideration be given to changing the UDC so it would reflect requirements of the Wisconsin Commercial Building Code that relate to repairs.

DuPont reported that Brad Boycks, of the Wisconsin Builders Association, has expressed interest in meeting with ARC representatives to learn more about this situation and to possibly work together to get the situation rectified through a revised code interpretation from the DSPS and changes to the UDC. DuPont suggested that he work with Brian Flannery and Ed Lisinski, of the Wisconsin Code Officials Alliance, to further explore these issues and to then meet with Brad Boycks of the WBA. DuPont said he could also work with WCOA to explore the inspection issues raised by 2017 Wisconsin Acts 243 and 330.

There was agreement for taking these next steps as suggested. As a result, DuPont said he would next pose the question to all ARC members via email.

The next meeting of Alliance Members was scheduled for July 25, 2018, from 9:00 to 10:30 a.m. The meeting will be held at the offices of the Associated Builders and Contractors of Wisconsin.

The meeting was adjourned at 10:55 a.m.

 

Meeting Attendees

Organization Represented

Brad Neumeister

Southwestern Wisconsin Building Inspectors Association

Brian Flannery

Wisconsin Code Officials Alliance and International Association of Electrical Inspectors, Wisconsin Chapter

Corey Gall

Wisconsin Fire Protection Coalition

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Lisinski

Wisconsin Code Officials Alliance

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

John Dahl

Northwest Wisconsin Building Inspectors Association

Richard Paur

Wisconsin Code Officials Alliance

Tim Schmitz

International Code Council

Bob DuPont

Regulatory Guidance and Design, LLC

 

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

It was issued on May 14, 2018.

Summary of Member Meeting on January 9, 2018

posted Feb 27, 2018, 12:52 PM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting

Meeting Date: January 9, 2018

Location: Associated Builders and Contractors (ABC) of Wisconsin, Madison, Wisconsin



The meeting was convened at 9:05 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding proposed legislation, DuPont reported on several bills as follows:
  • Senate Bill 534 and Assembly Bill 641, relating to building and plumbing plan review delegation by the DSPS, both had amendments to them offered at the request of the ARC. The amendments concern municipal review of plans for building alterations. SB 534 is up for Committee vote today, and AB 641 is set for Committee vote on January 11, 2018.
  • Assembly Bill 187, relating to wedding barns, is set for Committee hearing on January 11, 2018. DuPont said he was prepared to testify for information at the hearing; recognizing the efforts of Representative Tranel to improve the bill as it relates to the nine safety-related issues raised by the ARC. There was general agreement on that plan of action.

Regarding possible carbon monoxide update legislation, DuPont reported that the DSPS may run out of time to get a bill introduced on this matter, due the legislative session ending this April. He will continue to encourage the DSPS to take action during this session, but cautioned that we may have to wait until the next legislative session for a bill to be introduced.

Regarding the commercial building code legal status, DuPont reaffirmed that he believes the Attorney General’s Opinion on DSPS authority to promulgate rules on sprinklers is wrong, referring to the information he previously sent to ARC members. He reported that the DSPS held a meeting of the Commercial Building Code Council on December 28, 2017. During that meeting, the Department confirmed that, on December 18, 2017, the Department submitted the Commercial Building Code Change Proposal, Clearinghouse Rule No. 16-094, to the legislature for review. The DSPS said their proposal repeals certain sprinkler rules to align with the statutory interpretation of the Attorney General. Council members were reported as concerned with the lack of Council involvement in development of rules related to fire safety in multifamily dwellings, including rules needed to deal with sprinkler trade-offs, where sprinklers would not be installed in buildings containing fewer than 20 units.

Regarding possible next steps to be taken by the ARC relative to sprinklers, DuPont asked whether ARC members wanted to ask legislative committees to object to the DSPS code change proposal. He also asked whether ARC members wanted to take any action relative to the Attorney General’s Opinion. John Schulze said the Associated Builders and Contractors of Wisconsin had decided to stay neutral in the aforementioned matters related to sprinklers. As a result, because it takes unanimous consent of all Classic ARC Members for the ARC to take a position on matters, it was determined that the ARC will stay neutral as well.

Discussion then turned to possible resolutions to the situation that individual ARC member organizations might want to pursue. DuPont agreed to continue his past role as technical advisor to ARC members, leaving any lobbying to individual ARC member organizations.

The next meeting of Alliance Members was scheduled for April 25, 2018, from 9:00 to 10:30 a.m. The next meeting of the ARC Fire Safety Team was scheduled to occur that same day from 10:45 to 11:45 a.m. Both meetings will be held at the offices of the Associated Builders and Contractors of Wisconsin.

The meeting was adjourned at 10:55 a.m.

 

Meeting Attendees

Organization Represented

Brad Neumeister

Southwestern Wisconsin Building Inspectors Association

Brian Flannery

Wisconsin Code Officials Alliance

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Lisinski

Wisconsin Code Officials Alliance

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

Jim Smith

Wisconsin Code Officials Alliance

Jeff Pollard

Wisconsin State Fire Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

John Schulze

Associated Builders and Contractors of Wisconsin

Matt Mertens

Wisconsin Code Officials Alliance

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Tim Schmitz

International Code Council

Tom Johnson

Wisconsin Code Officials Alliance

Bob DuPont

Regulatory Guidance and Design, LLC


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

It was issued on February 27, 2018.

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