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ARC Priorities for the Next 12 Months

posted Aug 31, 2020, 12:55 PM by Robert DuPont



Alliance for Regulatory Coordination

ARC Priorities for the Next 12 Months


August 31, 2020

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.

b) Reconvening the Dwelling Code Council to advise on code changes.

c) Reconvening the Fire Prevention Code Committee to advise on code changes.

d) Reconvening the Plumbing Code Committee to advise on code changes.

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

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

a) Improving state level plan review services through improved communication with plan submitters, improved processes and policies, and more appropriate staffing levels;

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

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

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

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 International Building Code.

5) Encourage code update activity, coordinated among various code committees and councils to reflect input from all affected industry segments, specifically for:


a) Reviewing the 2021 edition of NFPA 1, and the 2021 editions of ICC codes to update the Wisconsin Fire Prevention Code (FPC) and the Wisconsin Commercial Building Code (CBC); which are currently based on the 2012 NFPA 1, and 2015 ICC codes, respectively.

b) Completing the update of the State Uniform Plumbing Code as begun under Scope Statement SS 075-16.

c) Establishing requirements for municipalities to renew their agent appointments and certifications every 5 years, as required by Statute Section 101.12 (3o), created by 2017 Wisconsin Act 198.

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

e) Updating the Uniform Dwelling Code to reflect legislative changes listed in Scope Statement SS 028-19.

f) Establishing requirements in the UDC for repairs made to homes originally constructed under the UDC.

g) Establishing requirements in the UDC for mandatory inspection of significant additions and alterations to homes originally constructed under the UDC.

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

6) Encourage update legislation concerning smoke detectors that would do the following:
  • change the term “detector” to “alarm” to reflect terminology of national standards;
  • require alarm replacement after ten years, or as specified by the manufacturer; and
  • require tamper resistant 10-year batteries in smoke alarms powered solely by a battery.

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

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

Summary of July 28, 2020 Member Meeting

posted Aug 31, 2020, 12:02 PM by Robert DuPont   [ updated Aug 31, 2020, 12:31 PM ]



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: July 28, 2020

Location: Teleconference


The meeting was convened at 9:03 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC.

Regarding progress on ARC priorities during the past year,
DuPont reviewed the document entitled “July 2020 Status Report on ARC Member Priorities”, which had been sent previously to ARC members. Highlights of that review, and ARC member discussion, are as follows:

On Item 1.a., concerning reconvening of the Commercial Building Code Council (CBCC), DuPont reported that Dan Hereth, DSPS Assistant Deputy Secretary, had recently informed him that the DSPS is working towards establishing the next meeting of this council, with rule development related to 2017 Wisconsin Acts 198 and 330, expected to be on the meeting agenda. Richard Paur reported that Dan Hereth had been in contact with him concerning scheduling of the next CBCC meeting. Richard also said that he will be retiring from the City of Milwaukee in mid-August, and that due to his retirement, he may not be able to continue as a Council member.

On Item 1.b., concerning reconvening of the Dwelling Code Council, DuPont reported that Mr. Hereth indicated that DSPS has no timetable set, but they expect the council to meet yet this year.

On Item 1.c.,
concerning reconvening of the Fire Prevention Code Council, DuPont reported that Mr. Hereth indicated that the DSPS has not set a timetable for updating Chapter SPS 314, the Wisconsin Fire Prevention Code.

On Item 3.b.,
concerning elimination or simplification of plan review participation fees charged to 2nd class cities and agent municipalities, DuPont said the topic could be included in legislation that might be introduced concerning state level plan review policies and procedures.

On Item 3.d., concerning establishing a statewide uniform code for homes initially constructed before the Wisconsin Uniform Dwelling Code went into effect, DuPont reported that the COVID-19 pandemic has delayed dialogue with the home construction and remodeling industry associations. He said he hopes to get that discussion moving again as soon as possible.

On Item 4.,
concerning remedial legislation on carbon monoxide detectors related to forced-air furnaces serving more than one unit in residential commercial buildings, DuPont suggested a possible next step could be determining actual design practices seen on plans and in the field, to see what the gap is between actual practice and the policy that the Alliance desires. Richard Paur said he sees new installations in Milwaukee being designed and installed in accordance with national standards. Matt Mertens said hotels that are part of national chains have benchmarks that meet national standards for carbon monoxide detection, not the lower standards found in Wisconsin Statutes.

On Item 5.a., concerning 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, DuPont reported that Mr. Hereth indicated it is the DSPS preference to begin updating the commercial building code this year.

On Item 5.b., concerning reviewing the State Uniform Plumbing Code, DuPont reported that Mr. Hereth indicated DSPS anticipates beginning this code update again this year, with it being the next code project they undertake.

On Item 5.f., concerning establishing requirements in the Wisconsin Uniform Dwelling Code for mandatory inspections of certain additions and alterations, DuPont suggested consideration of how this matter relates to other UDC-related ARC priorities – should it be on a separate track or be combined with other UDC initiatives? There was no discussion on the matter.

On Item 5.g., concerning adopting the International Residential Code as the base code for the Wisconsin UDC, DuPont reported that the plumbing code coordination work group met and concurred to recommend that the ARC encourage the DSPS to maintain the state-generated Plumbing Code. He also reported that the fire safety work group met once and will meet again in August to develop recommendations to ARC regarding sprinklers and fire protection for wood floor assemblies.

On Item 7, concerning statewide inspection of commercial building construction, DuPont noted that implementation of statewide inspection of electrical construction in commercial buildings has been difficult for the DSPS, with originally contracted third-party inspection agencies dropping out of the program. That difficulty, along with current legislative leaders not being keen on more code enforcement, results in an environment not compatible with this initiative.

Regarding ARC priorities for the next 12 months, DuPont reviewed the draft ARC priorities for the next 12 months, which had been sent previously to ARC members. Highlights of that review, and ARC member discussion, are as follows:

On Item 2), concerning improved deployment of DSPS resources among programs and services for safety and buildings, DuPont said increasing DSPS staffing could be included in the next Budget Bill.

On Item 3) c), concerning legislation to establish a statewide uniform code for one- and two-family homes originally constructed before the UDC went into effect, DuPont said his is hoping to soon begin working with the two additional NARI chapters (Fox Valley and Madison), as well as with the Wisconsin Builders Association, and additional building inspector associations, as soon as their focus is able to shift from the COVID-19 pandemic. He reminded that he has already drafted potential statute change text and a white paper on this topic.

On Item 6), concerning legislation to update statutes on smoke detectors, DuPont reported that he and Ed Ruckriegel are planning on meeting to finalize recommendations to all ARC members. He said that COVID-19 slowed this down due to Ed being focused on reacting to the pandemic for several months. DuPont suggested consideration be given to coordinating this legislative initiative with the one about carbon monoxide detection. There was no discussion on the matter.

DuPont next asked if there were any suggestions for additional priorities. Ed Ruckriegel suggested that the Alliance consider supporting a Wisconsin transition from adoption of NFPA 1, to adoption of the International Fire Code as the basis of Chapter SPS 314, the Wisconsin Fire Prevention Code. After a brief discussion, DuPont said he would put the topic on the agenda of the next ARC Fire Safety Team meeting. He reinforced that the ARC would only move forward with such an initiative if there was no opposition from Classic ARC members, and Wisconsin fire service organizations.

Jeff Beiriger suggested that the Alliance consider advocating for the DSPS to improve coordination of code development among various code committees and councils. He cited problems caused by the lack of such coordination during the last update of the Wisconsin Commercial Building Code relative to energy conservation and plumbing hot water circulation systems.

Beiriger also suggested that the Alliance consider advocating for the DSPS to improve delivery of state-level plan review services, through improved communications, processes and staffing. After a brief discussion of Jeff’s suggestions there was no expressed opposition to modifying the draft ARC priorities as Jeff suggested. DuPont said he would modify the draft ARC priorities and send the new draft to all ARC members along with the summary of the meeting.

Matt Mertens reminded that he and Ed Ruckriegel had mentioned specific topics where technology continues to evolve – with newer editions of national model codes and standards better addressing those evolved technologies. Matt suggested adding emphasis in this regard to future advocacy efforts of the Alliance. DuPont asked Matt to send him more information so that such details can be better communicated to DSPS leadership in the future.

The next meeting of Alliance Members was tentatively set for some time during the weeks of October 19 and 26, 2020, from 9:00 to 10:30 a.m. The meeting will be held as a teleconference.

The meeting was adjourned at 10:18 a.m.

 

Meeting Attendees

Organization Represented

A J Wilson

IBEW WI State Conference, Plumbers Local 75 and SMART Local 18

Brad Neumeister

Southwestern Wisconsin Building Inspectors Association

Dan Callies

NARI Milwaukee

Dean Warsh

IBEW Wisconsin State Conference

Jeff Beiriger

Plumbing-Heating-Cooling Contractors, Wisconsin Association

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

Jim Smith

Wisconsin Code Officials Alliance

Joel Meier

Professional Fire Fighters of Wisconsin

Jonathan Kowalski

Plumbing Mechanical Sheet Metal Contractors Alliance

Marty King

Wisconsin Fire Protection Coalition

Matt Mertens

Wisconsin Code Officials Alliance

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Steve Breitlow

Plumbers Local 75

Steve Freese

Wisconsin Electric Cooperative Association

Steve Froemming

International Association of Electrical Inspectors, Wisconsin Chapter

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 31, 2020.

Summary of February 17, 2020 Member Meeting

posted Mar 10, 2020, 8:50 AM by Robert DuPont

Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: February 17, 2020

Location: Sun Prairie Fire Department Station Two, 2598 W. Main Street, Sun Prairie, Wisconsin


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

The meeting was called in order to discuss the ARC position and testimony relative to 2019 Senate Bill 820, which would prohibit the DSPS from requiring plan examination for certain commercial buildings and plumbing systems. DuPont explained he developed two versions of potential ARC testimony concerning the bill. One version reflects ARC opposition, and the other version reflects ARC opposition with recommended amendments to the bill, which would make it acceptable to the ARC.

After discussion, it was decided to have DuPont testify on behalf of the ARC in opposition, without recommending any amendments to the bill. It was agreed that DuPont should add several points to the draft testimony he had developed. Those points were:
  • We can’t rely on field inspections to catch problems not caught by plan review because building and plumbing inspections are not required for commercial buildings under state law or code.
  • We acknowledge that the problem is real; it takes too long to get plans reviewed by the DSPS.
  • We believe the problem is primarily caused by a cumbersome appointment process, not by an over- abundance of plan submittals.
  • We see the Department making progress by reducing the number of duplicate plan review appointments and engaging in more outreach and communications with their customers. We applaud those efforts and encourage more.
  • We believe that the best way forward is for the DSPS to engage the Commercial Building Code Council and the Plumbing Code Committee in a project focused on solely on plan review. That project would include many industry practitioners and stakeholders from throughout the State. It would provide an opportunity to more thoroughly consider both process and policy changes.

DuPont reminded that over the weekend he had asked all ARC members to let him know by 10 a.m. this morning, if they had a preference about which version of testimony the ARC should present. He said he heard no concerns from ARC member organizations not participating in the meeting; therefore, he will revise the ARC testimony as decided by the member representative present. DuPont said he will send that revised version to all ARC members as soon as possible and present it during the Senate Committee hearing on February 19, 2020.

The meeting was adjourned at 10:35 a.m.

Meeting Attendees

Organization Represented

Bill Babcock (phone)

American Institute of Architects, Wisconsin Society (Guest)

Brian Flannery

Wisconsin Code Officials Alliance

Chris Garrison

Wisconsin State Fire Chiefs Association

Ed Ruckriegel

Professional Fire Fighters of Wisconsin

Eric Knight (phone)

Plumbing Mechanical Sheet Metal Contractors Alliance

James B. Smith

Wisconsin Code Officials Alliance

Jeff Beiriger (phone)

Plumbing-Heating-Cooling Contractors, Wisconsin Association

Jeff Knight (phone)

Plumbing Mechanical Sheet Metal Contractors Alliance

Joel Meier

Professional Fire Fighters of Wisconsin

Jonathan Kowalski

Plumbing Mechanical Sheet Metal Contractors Alliance

Mark Mlekush

Sun Prairie Fire Department

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Terry Nolen (phone)

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 March 10, 2020.

Reminder: The next meeting of Alliance Members is set for April 22, 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.

Summary of January 15, 2020 Member Meeting

posted Mar 2, 2020, 8:57 AM by Robert DuPont



Alliance for Regulatory Coordination

Summary of Member Meeting


Meeting Date: January 15, 2020

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 fire and smoke dampers, DuPont reported the DSPS has indicated that the Department is working to incorporate the ARC public hearing recommendations into their next draft of rule changes on this matter. He has encouraged the Department to ask the Commercial Building Code Council to review and comment on the next draft of rule changes. Richard Paur provided a recap of the initiative and activities to date. There was a brief discussion about ARC recommendation for a delayed effective date for the proposed DSPS rules, with everyone in agreement with the ARC recommended 12-month delay.

Regarding the opt-out option concerning ARC positions, DuPont said this option was suggested by Brandon Scholz, as a way for the ARC to move forward on matters that are of interest to most members, while at the same time allowing other ARC members to abstain from taking a position via the ARC. After brief discussion, attendees agreed that this new ARC policy was acceptable to them. DuPont said he has heard no concerns about the new policy, so he will continue offering the opt-out option to members.

Regarding new ideas for improving DSPS plan review services, attendees reviewed the January 10, 2020, letter from DSPS Secretary Crim to DSPS customers about changes in plan review procedures. While there were no specific recommendations agreed to by all attendees, the following ideas were each briefly discussed.

  • Allowing municipalities or fire departments to review plans for surrounding communities as agents of the DSPS.
  • Defining construction project work areas more specifically to allow more addition or alteration projects to be reviewed locally.
  • Charging fees for incomplete plan submissions.
  • Referring designers of poor plan submissions to the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Professional Land Surveyors.

Vern Green suggested that perhaps state licensing of fire alarm contractors and installers would be an effective way of promoting better plan submissions for, and installations of, fire alarm systems. DuPont said he would place that suggestion on the meeting agenda for the next ARC Fire Safety Team.

Regarding DSPS electrical inspection and UDC inspection program operations, DuPont reported hearing that a reduction in communications from the DSPS, and Department of Administration, to third-party inspection providers resulted in a number of UDC inspection contracts not being renewed or replaced. He believes the transition of contract servicing, from the DSPS to the DOA, contributed to the reduction in communications with service providers and potential inspection contract bidders. DuPont said he has encouraged the DSPS Secretary’s Office to resume DSPS communications with current and potential third-party inspection providers. DuPont reported that, according to the DSPS, the state effort to contract with third-party inspection agencies for inspection electrical installations for commercial buildings and farms, has resulted in coverage of only 40 of Wisconsin’s 72 counties. He said the number of municipalities participating in the statewide electrical inspection program has expanded as the result of the statute and code change mandating electrical construction inspection for commercial buildings and farms. DuPont provided the following table in a hand-out to attendees.


Electrical Inspection Agencies on DSPS Website on 1-13-20

Total No. of WI Municipalities

Percent of Municipalities Participating

105 Cities

190 Cities

55%

143 Villages

407 Villages

35%

169 Towns

1255 Towns

13%

2 Counties

72 Counties

2.7%

48 Private

NA

NA

467 Total

1922 Total

21.8%

Population served has not yet been identified; but is estimated to be around 80%.

 

DuPont said he believes that Wisconsin adoption of the International Residential Code could help get more municipal and third-party inspectors involved in providing inspection services to administer the Wisconsin UDC because nationally more industry professionals are familiar with the IRC than with the UDC. He said that in the DSPS Boiler and Elevator Programs, third-party inspection agencies from outside the state have been able to participate primarily because the Wisconsin codes for boilers and elevators adopt nationally recognized and codes and standards.

Matt Mertens suggested asking the International Code Council about the kind of support they could provide during a transition from the UDC to the IRC. Scott Satula said that the ARC needs to get consensus on fire sprinklers in homes; getting clear agreement between the fire service and building officials. Scott also said he felt the fire service needs to be on the same page among the fire chiefs and fire inspectors. Vern Green, President of the Wisconsin State Fire Inspectors Association, said that he and the president of the Wisconsin State Fire Chief’s Association are working on that sort of coordination.

Dajen Bohacek offered that she would talk to contractors in her organization about the idea of Wisconsin adopting the IRC. Tim Schmitz, with the ICC, reminded that the IRC is completely written as if fire sprinklers are installed in homes. Scott Satula asked what changes were made to the IRC since the editions before 2009 when sprinklers were required. He said he would try to obtain that information from trainers knowledgeable about the IRC, and share that information with ARC members.

Tim Schmitz said the fire sprinkler and plumbing trades need to be on board with use of the IRC and requirements for sprinklers in homes because multipurpose systems are often the system of choice.

Matt Mertens said water utility standby fees are another barrier to utilization of fire sprinklers in homes. He suggested consideration be given to having Wisconsin develop a code where fire sprinklers are presented as a design option. It was agreed, that in such a scenario, the information about trade offs that have gone into the IRC since the 2006 edition relative to fire safety aspects of construction would be essential.

Regarding DSPS code development activities and plans, DuPont reviewed the code development status outlined in the meeting agenda. Concerning the Fire Prevention Code, DuPont asked if the ARC should request that the Fire Code be updated at the same time as the Commercial Building Code. During discussion of the relationships between the Fire Prevention Code and the Commercial Building Code, Vern Green said he thought the State made a mistake by not adopting the International Fire Code 20 years ago. He said that was his own personal opinion. After brief discussion, attendees agreed that the ARC should recommend to the DSPS that they update the State Fire Prevention Code and State Commercial Building Code at the same time. Nobody suggested that such an update should switch Wisconsin from adoption of NFPA 1, to the IFC. DuPont said he would next pose the question to all ARC members, and if there is agreement will communicate that recommendation to DSPS leadership.

Regarding a possible law to require 10-year batteries in smoke detectors, DuPont reminded that ARC members had agreed in December to add this initiative to the list of ARC priorities. The initiative involves advocating for several changes in Wisconsin Statutes pertaining to smoke detectors, as follows:
  • Change the term “detector” to “alarm” to reflect the terminology of national standards.
  • Require smoke alarm replacement after ten years; or as specified by the alarm manufacturer.
  • Require tamper resistant ten-year batteries in smoke alarms powered solely by a battery.

DuPont recommended that he work with Ed Ruckriegel to further develop possible statute language for presentation and discussion during the next meeting of the ARC Fire Safety Team. There was general agreement with that plan of action.

The next meeting of Alliance Members was set for April 22, 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 11:45 a.m.

 

Meeting Attendees

Organization Represented

Corey Gall

Wisconsin Fire Protection Coalition

Dajen Bohacek

Plumbing Mechanical Sheet Metal Contractors Alliance

Doug Zomer

Wisconsin Code Officials Alliance (in for Brian Flannery)

Ed Lisinski

Wisconsin Code Officials Alliance

Joel Meier

Professional Fire Fighters of Wisconsin

Matt Mertens

Wisconsin Code Officials Alliance

Mark Mlekush

Sun Prairie Fire Department

Richard Paur

Wisconsin Code Officials Alliance

Scott Satula

Wisconsin Code Officials Alliance

Tim Schmitz

International Code Council

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 March 2, 2020.

Summary of October 17, 2019 Member Meeting

posted Nov 18, 2019, 7:46 AM 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.

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