Commercial building code deadline pushed to November

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Updates to state standards for commercial building construction will be enforced in November after being pushed back a month.

The Wisconsin Department of Safety and Professional Services starting Nov. 1 will enforce the commercial building code, which uses the 2021 International Building Code, after hearing feedback from the construction industry, officials said. DSPS initially announced a hard deadline on Oct. 1; the rules went into effect on Sept. 1.

The updated code was one of the state administrative changes that poured in after a State Supreme Court decision this summer nullified legislative pushback against proposed rules from Gov. Tony Evers’ administration. In 2023, a legislative committee blocked new standards from being implemented. Previously, the state used international standards from 2015.

“We want to be good partners to Wisconsin’s building professionals,” said Dan Hereth, secretary of DSPS, in a statement. “The process to develop this code experienced delays beyond usual rulemaking, including legislative tactics that stalled progress and the resulting court proceedings. As a result, this is the first upgrade to this code in a decade and represents a big change for the industry. So, to ensure a smooth transition for our partners in the building industry, we are granting an additional grace period for project submittals.”

All submitted building plans for commercial buildings, including multi-family buildings, must meet the new code standards after Oct. 31, officials said.

The deadline has already passed for supplemental sub-submissions, such as fire suppression and alarm, HVAC, boilers, elevators and refrigeration plans. Those must follow the commercial building plan codes regardless of how many months they follow, officials said.

Both the Associated General Contractors of Wisconsin and the Associated Builders and Contractors of Wisconsin made email announcements to their members about the extension.

“ABC of WI members are still concerned about the new building code driving up costs on taxpayers, employers, and workforce housing,” said John Schulze, legal affairs lead at ABC-WI. “That said, we appreciate DSPS listening and delaying the new code’s effective date by one more month.”

In August, DSPS hosted two webinars to explain key code changes to industry professionals. More than 1,100 people attended at least one of the webinars, officials added.

In July, the Wisconsin Supreme Court ruled on Evers v. State Sen. Marklein, and found the Joint Committee for Review of Administrative Rules used an unconstitutional “legislative veto” to block implementation of new codes in 2023.

Environmental groups in Wisconsin looked at the change favorably, citing savings through resilient and energy efficient new buildings. In previous hearings, heating and air-conditioning engineers testified there would be energy savings and lower operating costs moving forward.