New state commercial building codes coming in October

A new commercial building code for Wisconsin projects will take effect in the fall, according to the state’s licensing and professional services agency.

The Wisconsin Department of Safety and Professional Services on Wednesday announced the new Wisconsin Commercial Building Code will be published by the Legislative Reference Bureau on Sept. 1. To ease the impact of the update on the building industry, DSPS will accept plans under the current code through the month of September, officials said.

Contractors have a hard deadline of Oct. 1 for all commercial building plans submitted to DSPS to match the updated code, officials said. The new code establishes standards for commercial buildings, including multi-family and residential buildings.

Supplemental sub-submissions to DSPS, including fire suppression, HVAC, boilers, elevators and refrigeration, must be aligned with the code under which the commercial building plan was approved regardless of how many months they follow, officials added.

The state will drop the code created in 2015 and will adopt standards of the 2021 International Code Council. In 2023, a legislative committee blocked the new rules from moving forward, but a recent sweeping Wisconsin Supreme Court motion allowed state departments to revisit proposed rules without committee obstruction.

In early July the state Supreme Court sided with Democratic Gov. Tony Evers, who challenged the Joint Committee for Review of Administrative Rules’ powers to suspend administrative rules. Those proposed rules included banning the practice of conversion therapy and another to create new commercial building standards, which are administered by DSPS.

In a split decision, the court found statues that gave blocking powers to JCRAR were in violation of Wisconsin’s Constitution.

Commercial codes closer to being finalized

Dan Hereth, secretary of DSPS, submitted the required adoption order to LRB in July to complete the code promulgation process, officials said.

“I’m proud of the work our staff, stakeholders and the Commercial Building Code Council put into this project,” Hereth said in a statement. “Our staff collaborated with industry leaders, solicited input from the public and thoughtfully developed a thorough upgrade that meets the Evers administration’s goal of bringing Wisconsin closer in line with international building standards and improving safety,” he added.

DSPS has prepared for the adoption by updating license exam questions and training its staff, officials said. The department plans to have relevant exams updated to reflect the changed code starting Oct. 1, officials added.

The department will also offer two future webinars to explain key code upgrades and answer questions, officials noted.

“We’re ready and willing to help the building industry and its associated professionals implement a modernized code,” Hereth said in a statement. “These groups are our partners in building safety, and we look forward to working with them through the coming months, just as we have throughout this process,” he added.

DSPS started the code update process when it published a scope statement in October 2020, officials said. The Commercial Building Code Council, which included representatives from the state building industry, spent 24 months working on the updates and help meetings for public engagement, officials added.

Wisconsin’s adoption includes the 2021 International Building Code (IBC) and International Energy Conservation Code (IECC), the updated rules showed.

The changes will mean higher upfront construction costs but also possible long-term savings through reduced operating expenses, a newsletter from NAIOP – Wisconsin showed. Key areas affected include building envelope, mechanical systems, lighting, water heating and electric vehicle and solar installation readiness.

Wisconsin isn’t the only one updating its building codes; Both Michigan and Illinois adopted the 2021 IECC. Indiana uses the 2021 International Building Code for commercial projects and Minnesota uses the 2018 IECC with updates under review, according to NAIOP.

Industry reacts to implementation

The Associated Builders and Contractors of Wisconsin, a widely non-union trade associaton, was part of nearly a dozen groups registered against the updates. Industry partners registered against included NAIOP Wisconsin, Wisconsin Manufacturers & Commerce and the Wisconsin Ready Mixed Concrete Association.

“Elections have consequences. Last month, the Wisconsin Supreme Court disregarded decades of its own decisions that allowed the Wisconsin Legislature to review regulations being proposed by governors of both parties,” said John Schulze, legal and political affairs director of ABC of Wisconsin. “Now, thanks to the new liberal majority on Wisconsin’s top court, any governor can change and create any regulation without legislative oversight.”

“ABC of WI was part of a coalition of construction and business trade associations that wanted a commercial building code that was crafted for Wisconsin weather, conditions and our economy,” Schulze said. “Instead, we will have ‘one size fits all’ that will increase construction costs onto businesses and apartment renters,” he added.

Environmental groups such as 350 Wisconsin, formerly known as 350 Madison, celebrated after the state Supreme Court decision lifting restrictions on agencies to enact environmental protections. 350 Wisconsin is a local independent action group of the international organization 350.org.

“350 Wisconsin is pleased that our state is finally modernizing its building codes,” said Stephanie Robinson, co-director of 350 Wisconsin. “This important update is long overdue and will provide numerous benefits to Wisconsin residents and businesses,” she added.

Benefits included cost saving on energy bills, improved health and safety and a decrease in carbon emissions by reducing energy use, Robinson said. Reduced emissions helped the state meet its climate goals, she added.

“In addition, Wisconsin local governments that want to take action on energy efficiency and climate change will be better positioned to do so,” Robinson noted.

“Wisconsin’s energy codes have been outdated for years, and we’ve unfairly fallen behind other states in the midwest,” wrote Allison Carlson, executive director of the Wisconsin Local Government Climate Coalition. “The numbers do pencil out – homeowners and building owners will save money if our newly constructed buildings are more resilient and energy efficient. It’s common sense. State and technical experts should be allowed to do their authorized jobs, and implement rules that align with proven and up-to-date best practices,” she added.

An industry group that supported the new commercial codes was the American Society of Heating, Refrigerating and Air-Conditioning Engineers. In 2023, ASHRAE officials testified the new commercial codes would rake in energy savings and lower operating costs.