News



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.

Summary of Member Meeting on Oct. 11, 2017

posted Nov 10, 2017, 8:57 AM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: October 11, 2017

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 staffing at the Department of Safety and Professional Services, DuPont reported that Kirsten Reader, of the DSPS, recently confirmed changes to staff assignments within the DSPS plumbing and pool programs. Duties of plumbing field consultation and plan review, formerly generally performed by separate staff, have been combined and assigned to seven staff spread throughout the State. Ms. Reader also shared the latest organizational chart for the entire Industry Services Division within the DSPS. DuPont said he would soon forward that chart to ARC members.

Regarding possible carbon monoxide update legislation, DuPont reported that the DSPS has not yet decided whether or not to advance the bill draft as a Department initiative. He said time is running out relative to passage of legislation during this session, which ends next Spring. DuPont also said he has shared the preliminary draft legislation with the six organizations involved earlier in the development of this initiative. DuPont said only the Wisconsin Hotel and Lodging Association has expressed concerns with the draft; and he thought those were likely to be resolved through additional explanation and dialogue. DuPont said he would continue soliciting responses and working to answer questions and resolve concerns of these interested parties.

Regarding the DSPS not enforcing certain sprinkler code provisions for multifamily dwellings, DuPont asked if meeting attendees knew of any projects having been State approved without sprinklers. No such projects were specifically identified; however, Dave Bloom said a sprinkler contractor told him that two contracts for sprinkler installations had been cancelled as a result of the DSPS lack of sprinkler enforcement. Regarding enforcement of the sprinkler code provisions in question, Richard Paur said the City of Milwaukee is enforcing the code as written. No municipal officials at the meeting said they are not enforcing the sprinkler provisions of the Wisconsin Commercial Building Code. Marty King said the Wisconsin Fire Protection Coalition is monitoring the situation and is making plans relative to various scenarios that could play out. Ed Ruckriegel said he felt it unlikely that sprinkler trade-offs would be put back into the code at the initiative of the DSPS.

Dave Bloom told of a meeting with Governor Walker, held a couple of months ago, which was primarily focused on the Wisconsin Electrical Code, where the issue of fire sprinklers in multifamily dwellings was also raised. Bloom said that Walker indicated he would talk to builders and the DSPS about the matter.

Regarding the draft bill on municipal plan review, LRB 4064/1, advanced by the DSPS, DuPont reported that Kirsten Reader and Nate Yahn, of the DSPS, had explained the Department’s goals during a meeting with representatives of the ARC and the League of Wisconsin Municipalities on October 9, 2017. The DSPS would like to have a more robust statutory foundation for the current DSPS program for appointed agents for plan review and inspection in the state commercial building program and the state plumbing program. Ms. Reader said the Department has no plans to repeal the administrative rules for appointed agents if the proposal does not move forward.

DuPont said he felt the proposal was generally a good sign because it would further pave the avenue for municipal participation in state-level plan review and inspection. He reminded that the DSPS could have proposed repeal of the current administrative rules on appointed agents instead of proposing statutory provisions. Discussion initially centered around the purpose of requiring five-year delegation renewals. Some expressed concerns about the proposal not being clear on standards for delegation or renewal of such. DuPont agreed that such concerns are valid but recommended waiting to see how the DSPS would implement the proposed statutes if they were to become law; saying administrative rules could be developed to address details pertaining to standards and expectations for appointed agents.

Discussion next focused on two aspects of the certified municipality program and appointed agent program that the DSPS proposal does not propose to change. The first being the DSPS interpretation that they can only allow delegated municipalities, other than first and second-class cities, to conduct state level plan review for alterations in buildings containing less than 100,000 cubic feet. The second being participation fees for second class cities and appointed agents.

DuPont reported that Kirsten Reader stated that the Department would not be amending their code change package for the Wisconsin Commercial Building Code to address these two areas of concern as the ARC had requested in letters to DSPS earlier this year. He said this legislative proposal could become the avenue for action on both of those areas of concern.

There was general agreement that the ARC should recommend to the DSPS that their legislative proposal be amended to change state law to reflect the current provisions regarding plan review for alterations involving spaces of less than 100,000 cubic feet. There was also agreement that the ARC should recommend to that DSPS that participation fees for second class cities should be repealed from the statutes, thereby positively affecting second class cities as well as appointed agents.

DuPont said he would next query all ARC members about these two issues and would move forward if there was no opposition expressed by any ARC Classic Members.

The next meeting of Alliance Members was scheduled for January 9, 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 11:15 a.m.

 

Meeting Attendees

Organization Represented

Brad Neumeister

Southwestern Wisconsin Building Inspectors Association

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

Jeff Beiriger

Plumbing-Heating-Cooling Contractors of Wisconsin

Jeff Pollard

Wisconsin State Fire Inspectors Association

John Schulze

Associated Builders and Contractors of Wisconsin

Matt Mertens

Wisconsin Code Officials Alliance

Marty King

Wisconsin Fire Protection Coalition

Paul Scott

Southwestern Wisconsin Building Inspectors Association

Richard Padilla

National Electrical Contractors Association, Wisconsin Chapter

Richard Paur

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 10, 2017.

ARC Priorities Updated

posted Aug 29, 2017, 7:34 AM by Robert DuPont



ARC Priorities for the Next 12 Months

August 23, 2017


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:
  • Wedding barn legislation; 2017 Assembly Bill 187 and Senate Bill 137
  • DSPS Proposal to Limit Certified Muni Review of < 100,000 Cu. Ft. Alterations
  • Reducing redundant plan review between municipalities and the DSPS
  • Improving DSPS audits relative to DSPS certified municipalities and appointed agents
4) Encourage remedial legislation on carbon monoxide detectors in residential commercial buildings.

5) Encourage code update activity specifically for:
  • Implementing a revised electrical code and a program of electrical inspections for commercial buildings under 2007 Wis. Act 63 and 2013 Wis. Act 143.
  • Reviewing the 2015 editions of ICC codes to update the State Commercial Building Code.
  • 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.
6) Participate in Wisconsin Emergency Management efforts to create Building Safety Evaluation Strike Teams to help respond to disasters.

7) Explore the idea for statewide inspection of commercial building construction.

8) Monitor legislation related to discontinuing State programs and credentials - specifically:
  • 2017 Assembly Bill 384 and Senate Bill 295 (Sunset of State Administrative Rules)
  • 2017 Assembly Bill 330 and Senate Bill 278 (Limiting authority of credentialing boards)
  • 2017 Assembly Bill 370 and Senate Bill 296 (Establishing self-certification in DSPS)

Summary of Member Meeting on July 26, 2017

posted Aug 18, 2017, 6:42 AM by Robert DuPont   [ updated Aug 18, 2017, 6:44 AM ]



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: July 26, 2017

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



The meeting was convened at 9:00 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding staffing at the Department of Safety and Professional Services, DuPont reported two recent hires as follows.
  • Chris Joch has joined the DSPS as Administrator of the Division of Industry Services. His phone number is 608-267-9152. His email address is Christopher.Joch@Wisconsin.gov.
  • Branden Piper has joined the Division of Industry Services as the Bureau Director of Field Services, covering POWTS, Mining, Elevators, Boiler and Gas Systems, Public Sector Safety and Commercial Building Inspection. His phone number is 608-267-9420. His email address is Branden.Piper@Wisconsin.gov.
Also regarding staffing, DuPont reported changes to the DSPS plumbing/pool consultants map. The map now shows seven districts instead of four as on the previous map. He said it appears that the duties of plan review and field consultation may now be assigned to each plumbing program staff member. DuPont said he would contact Tom Braun, the plumbing program supervisor, for information on the apparent recent changes and would pass information along to ARC members as soon as possible.

Joe Hertel asked whether Jim Boullion was still with the DSPS as Administrator of their Policy Development Division. Nobody knew of any change in that regard. DuPont said he would look into that topic and request an updated organizational chart from the DSPS to share with ARC members.

Regarding DSPS code development activities,
it was reported that DSPS is now targeting January 1, 2018 as the effective date for updates to the Wisconsin Commercial Building Code and Wisconsin Electrical Code. Marty King and Richard Paur provided information about how that planned effective date could negatively affect insurance rates for owners of buildings now under construction due to Wisconsin being more than five years behind in adoption of the International Building Code. Marty also indicated that the ISO Building Code Effectiveness Grading Schedule (BCEGS) may now be integrated with the ISO rating program for fire departments; meaning that a lower BCEGS score could affect not only affect insurance rates for new buildings; but could also affect insurance rates for all buildings in Wisconsin. DuPont said he would research the matter and report to ARC members.

Regarding possible carbon monoxide update legislation, DuPont reported that on July 24th, he and Chief Dave Bloom met with Kirsten Reader, DSPS Assistant Deputy Secretary, and Nate Yahn, DSPS Legislative Advisor, to brief them on the ARC idea for remedial legislation dealing with carbon monoxide detection in residential commercial buildings. The group reviewed supporting materials along with the preliminary bill draft developed in cooperation with Representative Samantha Kerkman. Ms. Reader thanked the ARC for bringing the matter to the attention of the department. She said the department would consider including the statute changes in one of their planned statute update packages now under development for possible introduction during the current legislative session. Nate Yahn said DuPont could continue having dialogue with other interested parties while DSPS considers their next step. Ms. Reader said the DSPS would try to complete their review of the preliminary bill draft within the next two weeks.

Regarding DuPont’s weekly report on legislation related to safety and buildings programs, DuPont said he received a suggestion to consider adding information to the report concerning the position of the ARC relative to each bill. He asked for input from ARC members. After a brief discussion, it was decided that the report format should remain unchanged since the ARC, as a group, is not focused on most of the reported legislative matters.

Regarding progress on ARC priorities during the past year, the group reviewed and accepted the July 2017 status report from DuPont.

Regarding ARC priorities for the next year, the group reviewed and generally agreed with the proposed update developed by DuPont. Under the proposal, three past priorities would be dropped from the current list of ten priorities, one current priority would be expanded to contain more detail; and one new priority would be added, resulting in eight proposed priorities.

The priorities proposed to be dropped are:
  • Stop the lapsing of funds from the Safety and Buildings Appropriation;
  • Encourage legislation that would allow a building owner the choice of having newer national model codes and standards apply to their building construction project; and
  • Monitor the activities and recommendations of the Governor’s Commission on Government Reform, Efficiency and Performance as they relate to safety and buildings.

The expanded priority would be as follows, with new text underlined:

3) Improve coordination of state and municipal regulatory efforts for safety and buildings, with an emphasis on:
  • Wedding barn legislation; 2017 Assembly Bill 187 and Senate Bill 137
  • DSPS Proposal to Limit Certified Muni Review of < 100,000 Cu. Ft. Alterations
  • Reducing redundant plan review between municipalities and the DSPS
  • Improving DSPS audits relative to DSPS certified municipalities and appointed agents

The proposed new priority would be as follows:

8) Monitor legislation related to discontinuing State programs and credentials, specifically:
  • 2017 Assembly Bill 384 and Senate Bill 295 (Sunset of State Administrative Rules)
  • 2017 Assembly Bill 330 and Senate Bill 278 (Limiting authority of credentialing boards)
  • 2017 Assembly Bill 370 and Senate Bill 296 (Establishing self-certification in DSPS)

Regarding the topic of lapsing funds from the Safety and Buildings Appropriation, it was agreed that should lapsing be added to the current budget bill, the topic of stopping such lapsing would remain as a priority.

Regarding the topic of owner’s choice, it was agreed that the ARC should focus on what the DSPS proposes in the Commercial Building Code update package, and see how implementation of the owner’s choice concept works under administrative rule provisions instead of a statute change. In light of the fact that the last DSPS rule change proposal did not include provisions for local input into the owner’s choice approval by the DSPS, it was mentioned that certified and agent municipalities could opt out of plan review and inspection if they were not prepared to administer a national model code or standard newer than what the DSPS had adopted by reference in administrative rules.

Regarding the topic of monitoring the activities and recommendations of the Governor’s Commission on Government Reform, Efficiency and Performance as they relate to safety and buildings, it was agreed, that since the commission issued its report in December, 2016, this topic should be removed from the list of priorities.

Regarding the proposed new priority of legislation related to discontinuing State programs and credentials, it was agreed that the ARC should stay informed concerning such legislative initiatives currently underway. DuPont noted that some of the legislation listed relates to recommendations from the Governor’s Commission on Government Reform, Efficiency and Performance.

Regarding proposed priority number five; Encourage code update activity…, it was agreed that updating the entire electrical code should be emphasized in addition to the past focus on implementing statewide electrical inspections for commercial buildings. It was also agreed that consideration should be given to update this priority to mention review of the 2015 and 2018 editions of NFPA 1 for adoption into the State Fire Prevention Code.

During discussion of proposed priority six; Participate in Wisconsin Emergency Management (WEM) efforts to create Building Safety Evaluation Strike Teams to help respond to disasters, Ed Ruckriegel suggested that the ARC encourage more communication between WEM and DSPS during code development, in light of the fact that properly constructed buildings are an important disaster mitigation strategy. There was agreement that the ARC should reach out to WEM and DSPS to encourage more communication between them; including the possibility of having WEM staff attend meetings of the Commercial Building Code Council. DuPont said he would start by contacting WEM.

DuPont said he would send the proposed new priorities to all ARC members for their review and approval, since not all members were in attendance at the meeting today. If no opposition is heard from any ARC Classic Member, the new priorities will be posted on the ARC web site.

The next meeting of Alliance Members was scheduled for October 11, 2017, 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 10:45 a.m.

 

Meeting Attendees

Organization Represented

Brad Neumeister

Southwestern Wisconsin Building Inspectors Association

Brian Juarez

International Association of Electrical Inspectors, Wisconsin Chapter

Dave Bloom

Wisconsin State Fire Chiefs Association

Ed Lisinski

Wisconsin Code Officials Alliance

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

Jim Smith

Wisconsin Code Officials Alliance

Marty King

Wisconsin Fire Protection Coalition

Richard Paur

Wisconsin Code Officials Alliance

Scott Wegner

Wisconsin State Fire Inspectors Association

Tim Schmitz

International Code Council

Bob DuPont

Regulatory Guidance and Design, LLC

 

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

It was issued on August 18, 2017.

Summary of May 3, 2017 Member Meeting

posted May 19, 2017, 12:06 PM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: May 3, 2017

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


The meeting was convened at 8:10 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding Building Safety Month DuPont reported that he requested his State Senator and Representative to once again propose a joint resolution recognizing May as Building Safety Month in Wisconsin. Representative Hesselbein’s Office had initiated a joint resolution based on the one that passed in 2015. With input from the ARC, the draft resolution is being updated to reflect the theme for 2017. As a result the resolution has not yet been scheduled for a floor vote in either house.

Regarding possible carbon monoxide update legislation DuPont reported that the office of Representative Kerkman has requested updated briefing materials from the ARC for Rep. Kerkman’s use when routing the draft bill for additional legislative sponsors. DuPont said he would continue to work towards introduction of the bill during the current session of the legislature.

Regarding the DSPS plan review delegation moratorium DuPont recapped the April 21st, meeting between Kirsten Reader, of the DSPS; Will Neitzel, of the Governor’s Office; and representatives of the Alliance for Regulatory Coordination and the League of Wisconsin Municipalities.

DuPont said the audits seemed to focus on plan review as being the only safety net in place. He said it was not clear to him whether the DSPS ever looked at the completed projects to determine how the communities programs of plan review, permits and inspections worked as a system.

Brian Flannery said that he spoke to staff from the City of Oshkosh, who told him they had little notice from the DSPS of the impending audit. The audit result letter was thought to be confusing because of the term “recommendation” being used frequently – instead of citing any applicable “requirements”.

Richard Paur said that it seems reasonable for the DSPS to try to find out how municipal programs are doing; and that uniform code application seems like a reasonable goal. Ed Lisinski agreed that audits are not a bad thing; but the delegation moratorium, and lack of disseminated standards, is problematic.

Richard reminded that the International Code Council has both plan review and inspection checklists available for state and municipal regulators to use. He suggested that perhaps the state should encourage or require use of checklists based on the ICC lists, with an addendum specific to Wisconsin code and statute requirements. He said the City of Milwaukee is not using the ICC checklists but is considering use of more such checklists as a way of providing more uniform services.

Richard described how, in Milwaukee, the current building boom has resulted in designers tackling projects larger than they had previously been involved with. As a result, he believes more incomplete plans are being submitted for review, which places a bigger burden on plan reviewers, and ultimately on inspectors, if such plans are approved with significant conditions of approval. Richard suggested that perhaps there should be a standardized way for municipal and state officials to refer designers to the licensing boards of the DSPS if they repeatedly submit incomplete or substandard plans for review.

Matt Mertens said that incomplete plans approved by the DSPS also put too much pressure on municipal inspectors. He said it is very difficult to explain to contractors that the plan approved by the state is not acceptable for constructing a building that will be in compliance with the applicable codes.

DuPont reviewed the possible ARC reactions listed on the meeting agenda: wait to see when the DSPS ends their moratorium; request a budget bill amendment that would prohibit delegation moratoriums; or request comprehensive legislation that would empower municipalities to perform sole plan review and inspections. DuPont suggested that additional ideas could be considered based on today’s dialogue.

DuPont suggested that consideration be given to recommending audits be performed by a team consisting of representatives of several entities, such as the ARC, the Wisconsin Code Officials Alliance and the League of Wisconsin Municipalities. He also suggested consideration of using third party regulatory audit services, similar to what is used in the federal program for manufactured homes; although such services would likely involve additional costs to participating municipalities.

Matt Mertens suggested consideration of a peer review program where peers from similar sized municipalities would be grouped and coordinated to provide reviews and critiques for each other. He said that getting audited by DSPS plan reviewers, who themselves often miss items during their own plan review, could be unsettling for many municipal programs.

It was agreed that a workgroup should be formed to develop recommendations to all ARC members relative to the current DSPS moratorium on delegations and on long term improvements that would help solidify the DSPS role as a coordinating entity for municipal plan review and inspection programs. It was agreed that the Wisconsin Code Officials Alliance would take the lead in forming the workgroup, with members including, at least, Ed Lisinski, Richard Paur, Brian Flannery and Matt Mertens. DuPont said he would work with WCOA to have recommendations ready for all ARC members to consider during the next ARC member meeting in July.

In response to a question from DuPont, Jeff Beiriger said that he has not heard complaints from plumbing contractors about the plan review delegation moratorium. Jeff said that contractors want timely services, with some concerned that DSPS plan reviews lately have not been as complete as they should be.

It was mentioned that the DSPS has also recently audited the plumbing plan review operations of several municipalities. It was agreed that DuPont should request, from Kirsten Reader of the DSPS, information about the plumbing audits; with that information then to be shared with ARC members.

Richard Paur suggested that the moratorium/delegation workgroup consider a system where municipal candidates for DSPS delegation are required to demonstrate their abilities before delegation takes place. DuPont said such a policy should be implemented through administrative rules, but he agreed that all ideas for improvement of the delegation program should be considered by the workgroup.

Regarding the DSPS proposal to limit certified municipality review of building alterations DuPont recapped that the DSPS has proposed a code change that would significantly impact many municipal plan review programs. The proposal includes changes to Section SPS 361.60 (5) (c) 3., Wisconsin Administrative Code, which delineates some of the types of projects for which plans may be reviewed by certified municipalities.

This proposed change would significantly reduce the number of plans that could be reviewed by DSPS certified municipalities. After discussion of the problems associated with this proposal, it was agreed that the moratorium/delegation workgroup should address this matter also.

DuPont said his goal would be to have a recommendation developed on this topic as soon as possible – so that ARC members can consider whether the Alliance should submit comments to the DSPS and perhaps legislative committees involved in review of the DSPS code change package concerning update of the Wisconsin Commercial Building Code.

The next meeting of Alliance Members was scheduled for July 26, 2017, 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 9:45 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

Jeff Beiriger

Plumbing-Heating-Cooling Contractors of Wisconsin

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

Paul Scott

Southwestern Wisconsin Building Inspectors Association

Richard Paur

Wisconsin Code Officials Alliance

Scott Wegner

Wisconsin State Fire Inspectors Association

Tim Schmitz

International Code Council

Bob DuPont

Regulatory Guidance and Design, LLC


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

It was issued on May 19, 2017.

Summary of Member Meeting on February 10, 2017

posted Mar 2, 2017, 7:36 AM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: February 10, 2017

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



The meeting was convened at 9:00 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding possible carbon monoxide update legislation DuPont reported that the office of Representative Kerkman has requested a revised bill draft based on ARC feedback provided to Representative Kerkman on November 3, 2016. Their office is still waiting for the bill draft and will send the newest draft to DuPont when it becomes available.

Regarding the stoppage of DSPS plan review delegation to communities DuPont asked Tom Johnson to provide information about the Village of Grafton’s experience in this regard. Tom said that the village had requested delegated agent status for the purpose of reviewing commercial building fire sprinkler and alarm plans. Their request was submitted to the DSPS in April, 2016, and they were just recently informed that the DSPS is not granting further requests for appointed agent status at this time.

DuPont said that he was contacted by DA Mattox, of Safebuilt, Inc., who said that several communities they work with have received delegation denial letters; some for delegation as a certified municipality and others for delegation as an appointed agent. Mattox told DuPont that in early 2016 Safebuilt was encouraged by Jeff Weigand, of the DSPS, to encourage communities to participate in plan review and inspection as DSPS certified municipalities and DSPS appointed agents. After months of preparation in that regard, Mr. Mattox expressed frustration to DuPont that the DSPS has apparently placed a moratorium on recognizing additional certified municipalities and appointed agents.

Mr. Mattox also told DuPont that he had been in contact with Jerry Deschane, Executive Director of the League of Wisconsin Municipalities, about the delegation moratorium. Deschane subsequently contacted the DSPS and reported to Mattox that the DSPS had said they wanted to get a better handle on the delegation situation before they recognize additional certified municipalities or appointed agents.

In response to a question from DuPont, John Schulze said he has not heard any reason for the DSPS moratorium on delegations. He said there continues to be turn-over in managers within the Department, with Jeff Weigand leaving for a job at the Department of Transportation, and a new DSPS Secretary expected to be named soon, to replace Dave Ross, who is now the Secretary of the DOT. John said the ABC continues to support the participation of certified municipalities and delegated agents in state level plan review and inspection services.

DuPont said one possible reason for the moratorium is that the ARC may have raised awareness of the delegation situation with its request to the Governor about deleting the statute that requires the DSPS to charge participation fees to Second Class Cities that conduct expanded plan reviews as certified municipalities. He said that concerns about loss of plan review revenue could also be a factor under consideration by the DSPS.

After a brief discussion it was agreed that DuPont should contact Jerry Deschane to see if the League of Wisconsin Municipalities would work with the ARC on this issue, including a possible meeting with the DSPS. It was also agreed that DuPont should work with John Schulze, of ABC; and Ed Lisinski, of WCOA; to organize the possible meeting with the DSPS Secretary’s Office.

Regarding Governor Walker’s Budget Proposal DuPont reminded that the ARC had sent two letters to the Governor with requests relative to the next biennial budget: an end to lapsing of funds from the S&B appropriation; and repeal of the DSPS participation fee for second class cities that conduct expanded plan review. He said that he saw no mention of lapsing related to the DSPS in the Governors budget proposal which was released on February 8th. DuPont also said he saw no mention of a repeal of DSPS participation fees.

Meeting attendees next reviewed DuPont’s summary of Governor Walker’s budget proposal which was shared with ARC members on February 9th, with the following results.
  • Regarding the DSPS proposal to change their plan review availability goal from an annual average from five days to 13 days, it was agreed that this topic should be added to the agenda of the proposed meeting with the DSPS concerning delegation of plan review and inspection duties to municipalities. The general consensus was that by adding more certified municipalities and appointed agents the DSPS could achieve better plan review availability.
  • Regarding the DSPS goal for audits, it was agreed that the question should be asked of DSPS why they apparently left the Uniform Dwelling Code Program out of their audit goal statement. It was suggested that this question could be asked during the above-mentioned proposed meeting with DSPS officials.
  • Regarding the lapsing of funds from the Safety and Buildings Appropriation, DuPont said he would investigate the situation further by contacting the Wisconsin Legislative Fiscal Bureau and report his findings to ARC members as soon as possible.

Concerning next steps related to the Governor’s Budget Proposal there was general agreement that DuPont should draft a letter to members of the Legislative Joint Finance Committee communicating the ARC position against lapsing of funds from the Safety and Buildings Appropriation. DuPont said he would draft such a letter for review by ARC members.

Regarding the DSPS project to update the Wisconsin Commercial Building Code, Richard Paur asked if anyone had heard what the projected timeline was. DuPont said that at the last meeting of the Commercial Building Code Council, DSPS officials said their goal was to have an effective date of mid-summer to early autumn. They informed the council that the ISO Building Code Effectiveness Grade for Wisconsin’s code administration program would be downgraded if the Wisconsin Commercial Building Code does not adopt the 2015 International Building Code by October 1, 2017.

The next meeting of Alliance Members was scheduled for May 3, 2017, from 8:00 to 9:30 a.m. The earlier time slot is intended to accommodate participant’s prior commitments on that day. The meeting will be held at the offices of the Associated Builders and Contractors of Wisconsin.

The meeting was adjourned at 10:30 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

Fred Walling

Southwestern Wisconsin Building Inspectors Association

Joe Hertel

Wisconsin Electrical Trades Council

Joel Meier

Professional Fire Fighters of Wisconsin

John Schulze

Associated Builders and Contractors 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

Tom Clark

Wisconsin State Fire Inspectors Association

Tom Johnson

Wisconsin Code Officials Alliance

Bob DuPont

Regulatory Guidance and Design, LLC



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

It was issued on March 2, 2017.

Summary of October 18, 2016 Member Meeting

posted Nov 3, 2016, 12:50 PM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting

Meeting Date: October 18, 2016

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 carbon monoxide update legislation attendees reviewed DuPont’s recommendations concerning the second preliminary bill draft received from the office of Representative Kerkman in July. Those in attendance agreed that DuPont should next ask ARC members not in attendance at the meeting, to let him know if they have any concerns with the decisions made by those at the meeting. DuPont said he would send the ARC comments and recommendations to Representative Kerkman if no Classic ARC Member expresses concerns or opposition to such action.

Regarding the next biennial budget attendees reviewed the two white papers and three letters to Governor Walker that DuPont had developed and recommended to ARC members. Those in attendance agreed that all three letters (and the two corresponding white papers) should be sent to the Governor as soon as possible for his consideration while developing the next state budget.

The documents relate to the following three topics:
  • Letter and white paper on discontinuing lapsing of fee revenues from the Safety and Buildings Operations Appropriation;
  • Letter on retaining the statutorily created Automatic Fire Sprinkler System Contractors and Journeymen Council and Plumbers Council; and
  • Letter and white paper on deleting the statutory requirement that the Department of Safety and Professional Service charge fees to second class cities who are delegated the authority to conduct expanded plan review as delegated agents of the DSPS.

Those in attendance agreed that DuPont should next ask ARC members not in attendance at the meeting, to let him know if they have any concerns with the decisions made by those at the meeting. DuPont said he would send the letters to Governor Walker if no Classic ARC Member expresses concerns or opposition to such action.

Regarding possible ARC positions on upcoming rule change packages of the DSPS, DuPont said he anticipates proposing that the ARC formally express support of the following expected code change proposals from the DSPS.
  • The Electrical Code Update Package, because it is expected to contain rules to implement statewide inspection of electrical construction for new commercial buildings as required by 2007 Wisconsin Act 63 and 2013 Wisconsin Act 143.
  • The Commercial Building Code Update Package, because it proposes to adopt the 2015 editions of the International Code Council National Model Codes in lieu of the 2009 editions now adopted in Wisconsin.
  • The Erosion Control Update Package, because it reflects 2013 Wisconsin Act 20, which transferred much authority over erosion control, from the DSPS to the Department of Natural Resources.
  • The Liquefied Gas Supplier Financial Responsibility Package, because it reflects 2015 Wisconsin Act 327, which was supported by the ARC.

DuPont said he expects to query ARC members regarding these four code change packages as they become available for public comment later this year. He suggested that the Alliance communicate general support of the packages, leaving the door open to individual ARC member organizations to address technical aspects as they see fit. There was agreement on this general plan of action.

The next meeting of Alliance Members was scheduled for February 2, 2017, 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 10:30 a.m.

 

Meeting Attendees

Organization Represented

Brian Juarez

International Assoc. of Electrical Inspectors, Wisconsin Chapter

Jeff Beiriger

Plumbing-Heating-Cooling Contractors, Wisconsin Association

Joel Meier

Professional Fire Fighters of Wisconsin

Matt Mertens

Wisconsin Code Officials Alliance

Martin King

Wisconsin Fire Protection Coalition

Richard Paur

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 November 3, 2016.

Priorities of the Alliance as of July 27, 2016

posted Aug 17, 2016, 3:00 PM by Robert DuPont



Alliance for Regulatory Coordination

Priorities

As of July 27, 2016



1) Stop the lapsing of funds from the Safety and Buildings Appropriation.

Between 2001 and 2016, over $17.4 million of DSPS Industry Services fee revenue has been lapsed to the state general fund. That is more than $96,000 per month that was collected but not spent on the safety and building programs and services for which the fees were paid.


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

The Alliance supports use of advisory code councils for periodic updating of administrative codes concerning safety and buildings.


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

The Alliance supports the use of consistent criteria for deployment of resources among programs and services related to safety and buildings.


4) Improve coordination of state and municipal regulatory efforts for safety and buildings.

ARC members believe that state policies can be most efficiently and effectively administered through cooperative efforts of state and municipal programs and personnel.


5) Encourage remedial legislation on carbon monoxide detectors in residential commercial buildings.

ARC members want to focus on protecting sleeping areas from the hazard of carbon monoxide while eliminating the statewide mandate for periodic inspection of carbon monoxide detector installations.


6) Encourage legislation that would allow a building owner the choice of having newer national model codes and standards apply to their building construction project.

ARC members believe owner’s choice of code application will help spur economic development while promoting safe buildings. Use of new codes and standards can also result in savings on insurance premiums.


7) Encourage code update activity specifically for:
  • Implementing electrical inspection for commercial buildings under 2007 Wis. Act 63 and 2013 Wis. Act 143.
  • Reviewing the 2015 editions of ICC codes to update the State Commercial Building Code.
  • Reviewing the 2015 edition of NFPA 1 to update the State Fire Prevention Code.
  • Reviewing the State Uniform Plumbing Code for necessary updates and clarifications.

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

ARC members encourage disaster mitigation through use of appropriate safety codes, and they encourage disaster response by qualified volunteers who help assess building safety.


9) Explore the idea for statewide inspection of commercial building construction.

ARC members believe exploration is appropriate in light of the 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. Exploration will focus on inspections as recommended by the International Code Council. Dialogue will involve all interested ARC members as well as others involved in building design, construction, regulation and emergency response activities throughout Wisconsin.

10) Monitor the activities and recommendations of the Governor’s Commission on Government Reform, Efficiency and Performance as they relate to safety and buildings.

ARC members recognize there are opportunities for greater efficiency through more collaboration between state agencies and between state and municipal programs. However, discontinuing services can adversely affect public safety as well as the business community.

Summary of July 27, 2016 Member Meeting

posted Aug 17, 2016, 2:48 PM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: July 27, 2016

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 the DSPS response about possible credentialing changes
DuPont summarized the letter sent to ARC from Joy Staab, Administrator of the Division of Professional Credential Processing, Department of Safety and Professional Services. The brief letter thanked ARC for its June 15, 2016 letter to the Department and closed with the sentence “A meeting is not necessary at this time.” DuPont asked if ARC members would like him to ask the Department for clarification of that sentence; does it mean that changes are not being contemplated by the DSPS, or does it mean ARC input is not desired at this time? After brief discussion it was agreed that DuPont should request clarification from the DSPS by sending an email to Joy Staab. DuPont said he would keep ARC members informed as to the DSPS response.

Ed Ruckriegel raised a tangential issue concerning state credentialing requirements for elevator inspectors. He said the state requirements are too stringent and should be revisited. DuPont suggested that topic be discussed during consideration of ARC priorities later in this meeting. Ed agreed.

Regarding the idea for owner’s choice of code application DuPont reported that Brian Flannery, of the Wisconsin Code Officials Alliance had been in contact with Jeff Weigand, in the DSPS Secretary’s Office, regarding this idea. According to Brian, Weigand said the DSPS has been studying petitions for variance submissions and is considering how granted petitions may relate to, or drive, code changes. According to Weigand, the Department is looking at the owner’s choice idea as a possible code change, and it may be discussed with the Commercial Building Code Council during their meeting on August 2, 2016. DuPont said he plans on attending that code council meeting to monitor, and if possible, participate in any discussion on this subject.

DuPont said it is not clear whether the DSPS would implement the idea as originally proposed by the ARC. He said the Wisconsin Commercial Building Code contains provisions for the Department to administratively recognize newer codes and standards found by the DSPS to be at least equivalent to currently adopted codes and standards. Under that code provision, the Department could approve use of newer editions of DSPS adopted national model codes and standards. However, through utilization of the current code provisions, the Department could leave it up to owners or designers to decide whether or not to use the newer national model code editions, leaving out provisions for the local code official to have input relative to the municipality having the resources to adequately administer such newer codes and standards. DuPont said the DSPS likely could implement the original ARC idea for owner’s choice idea through a code change; with such code change including the provision that local officials would have to agree to the use of newer codes and standards in their communities.

Regarding possible carbon monoxide update legislation DuPont reported that he had just recently received the second preliminary bill draft from the office of Representative Samantha Kerkman. He said he would review the draft and prepare an analysis for ARC members, similar to what he prepared for the first draft, and send it to all ARC members as soon as possible. The Carbon Monoxide Detection Work Group would then be relied upon to develop any further changes for consideration by all ARC members.

Regarding the Building Inspection Mutual Assistance Agreement DuPont reported that Wisconsin Emergency Management (WEM) is considering the ARC recommendation made to WEM since the April ARC meeting. He said that WEM staff recently reported they have been busy dealing with weather-related emergencies and have not forgotten about the ARC recommendation. The recommendation from ARC was that the agreement initially treat Wisconsin as one geographic region for administrative purposes; and that a work group be formed to further advise on development and implementation of the Building Inspection Mutual Assistance Agreement. The recommended work group would consist of one representative from each of the following five statewide associations: Wisconsin Code Officials Alliance; Wisconsin State Fire Chief’s Association; League of Wisconsin Municipalities; Wisconsin Counties Association; and Wisconsin Towns Association.

Regarding weekly emails on DSPS plan review availability DuPont asked if the weekly information he has recently been sending, about DSPS plan review, was useful and a desired service. He offered that a separate email distribution list could be created just for the weekly plan review updates. After brief discussion it was agreed the weekly emails should continue going to the current ARC member email contact list, with several members commenting that the information has been helpful and the current email format is easy to manage. DuPont said he would continue sending the emails on a weekly basis.

Regarding review of ARC activities and discussion of priorities DuPont led a review of the July 2016 Status Report document he had prepared and sent to members along with the meeting agenda. There was no disagreement expressed relative to the status of activities as reported by DuPont.

Discussion next turned to the proposed new ARC priority – monitoring the activities and recommendations of the Governor’s Commission on Government Reform, Efficiency and Performance as they relate to safety and buildings customers, programs and services of the DSPS. DuPont said he proposed this priority after researching Executive Order 179, which created the Commission, and after reviewing Commission activities of the past eight months. He said that the commission has discussed methods of measuring performance of state programs with an eye towards possibly ending programs felt to be ineffective. With the assistance of the Department of Administration, the Commission is set to issue a final report of findings and recommendations prior to introduction of the 2017-19 Biennial Budget Bill. (Introduction of the budget is expected in January 2017).

The work of this commission can be viewed as an opportunity or a threat. As ARC members have recognized, there certainly are opportunities for achieving greater efficiency through more coordination between state agencies and between state and municipal programs. However, discontinuing services such as trade licensing, plan review or inspections can affect not only public safety. Stopping of such services could profoundly affect businesses, trades and local officials involved in building construction and the promotion of public safety.

After a brief discussion by attendees, it was agreed that this matter should be added to the list of ARC priorities for the upcoming year.

DuPont suggested that the issue raised earlier by Ed Ruckriegel, relative to required qualifications for elevator inspectors be worked on under the current ARC priority related to coordination of state and municipal regulatory efforts for safety and buildings. Ed and others agreed to this strategy.

The next meeting of Alliance Members was scheduled for October 18, 2016, 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 10:45 a.m.

 

Meeting Attendees

Organization Represented

Brian Juarez

International Assoc. of Electrical Inspectors, Wisconsin Chapter

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 Beiriger

Plumbing-Heating-Cooling Contractors, Wisconsin Association

Joel Meier

Professional Fire Fighters of Wisconsin

John Schulze

Associated Builders and Contractors of Wisconsin

Matt Mertens

Wisconsin Code Officials Alliance

Martin King

Wisconsin Fire Protection Coalition

Richard Paur

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 August 17, 2016.

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