Lawmakers block update for new commercial building standards

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Members of the Joint Committee for Review of Administrative Rules (JCRAR) on Friday voted to block a proposal to update state commercial building codes. Advocates for the proposed rules said new standards would lower emissions and bring energy savings.

The Department of Safety and Professional Services (DSPS) recommended the state adopt standards from the 2021 International Code Council. Included in DSPS’s proposal was the 2021 International Energy Conservation Code, which would set minimum efficiency standards for new construction.

After legislators on Friday voted 4-6 to block the update, the state will continue to use codes from 2015. In August, a Senate committee voted to reject the adoption. Both votes were along party lines.

Several groups who opposed the update said DSPS had inadequately assessed the new codes’ impact on costs for government and business.

DSPS officials said in previous meetings that tying rising construction costs to the building code is more complicated and depends on different factors. A department fiscal analysis reported there would be millions of dollars in savings if Wisconsin updated to the 2021 codes, as well as create construction jobs and create cost-effectiveness in construction in terms of building life cycles.

DSPS officials said the update was meant to keep commercial codes up to date with regional and national construction and fire protection standards. The department wanted to update its rules so more public buildings would need fire sprinklers, officials added.

The updates would also require public and commercial buildings, including government buildings, to be designed and constructed with accessibility requirements under the Americans with Disabilities Act guidelines, DSPS officials added.

At a previous hearing, representatives the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) testified the new commercial codes would haul in energy savings and lower operating costs.

Among supporters were environmental groups 350 Wisconsin and Clean Wisconsin.

“This step would have saved 15% of building energy costs, translating to savings of millions of dollars in the first year alone. Updating building standards would have also provided hundreds of good-paying jobs, lower utility bills for consumers, and other benefits that would help Wisconsinites in all communities. Most importantly, this would have been a crucial step toward building a sustainable, resilient future for all of us,” a statement from 350 Wisconsin read.

Updating the building code was critical to reducing air pollution and carbon emissions associated with commercial building energy usage, said Eric Kanter, the government relations director for Clean Wisconsin. Citing the Environmental Protection Agency, he noted commercial and residential buildings contribute around 13% of carbon emissions in Wisconsin and across the nation.

Nearly a dozen groups involved in business and construction registered against the updates, including Associated Builders and Contractors of Wisconsin, Wisconsin Realtors Association, Wisconsin Manufacturers & Commerce, NAIOP Wisconsin Chapter and Wisconsin Ready Mixed Concrete Association.

In a memo, the committee cited testimony that the code must have metal prefabricated buildings comply with code and make them around 15% more expensive. Another testimony said special inspections involved in new code for certain buildings could raise project costs by up to 1%.