Evers vetoes bill delaying commercial building code

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A Wisconsin Assembly bill to delay enforcement of recently adopted commercial building codes has been vetoed by Gov. Tony Evers.

Assembly Bill 450, which would have delayed the Department of Professional and Safety Services from enforcing building standards based on the 2021 International Building Code, passed both legislative houses with bipartisan votes before reaching the governor’s desk. The codes were published in August following a Wisconsin Supreme Court ruling this summer, and DSPS delayed enforcement twice following feedback from the building industry.

“I am vetoing this bill in its entirety because I object to the further unnecessary delay in implementing new building standards that will benefit Wisconsin communities,” the governor wrote in a veto message shared on Friday.

Implementation of new codes would have started in September, but DSPS pushed the deadline to October and again to November. The bill aimed to push the application of codes to spring of 2026, which some industry experts said would give architects and contractors more time to prepare their plans for submission.

In 2023, DSPS were in the process of applying codes based on the 2021 International Building Code but were stopped by a “legislative veto” by the Joint Committee for Review of Administrative Rules. In July, the state Supreme Court ruled that JCRAR’s obstruction was against the state constitution and nullified the committee’s power. The ruling allowed different agencies to publish their own administrative rules without as much pushback from the Legislature.

Some members of the commercial construction industry said new codes being introduced in fall would have caused them to go back to the drawing board and pause projects. Others in the heating and air conditioning industry pointed to cost savings for construction and end users, as newer codes focus on building efficiency. DSPS officials said they weren’t asking developers to pause projects that were already approved.

Evers said the department was only able to introduce codes after lengthy litigation.

“This bill would not only create confusion for developers with current building projects under review but would also further delay the implementation of new safety and energy efficiency standards that have been already widely adopted,” the governor said in his veto message. “The department has and will continue to work with building professionals throughout the state to ensure proper understanding and compliance with the new building commercial code.”

State Sen. Rob Hutton, a Republican who helped draft the legislation, said he was concerned that applying new rules would create complications for builders.

“It’s disappointing to see Gov. Evers side with Madison bureaucrats over the construction professionals who are literally building Wisconsin,” Hutton said in a statement. “I fear the sloppy, sudden implementation of these regulations will force building projects across the state back to the drawing board and worsen the housing shortage that affects all Wisconsinites.”

DSPS officials said building envelope plans submitted under previous the previous code were grandfathered in before the end of October. Plans for HVAC, refrigeration and fire suppression systems would be paired with the code building plans were submitted under, even if they arrived months later.

In 2015, Wisconsin adopted a statewide building code based on the International Building Code with some adjustments specific to the state, called “Wisconsinisms.” The updated code focuses more on energy savings for owners and building users.

This story will be updated.