Safety and Buildings Division Commercial Buildings Code Council Meeting Summaries

Joint Meeting of Commercial Building Code Council and Multifamily Dwelling Code Council

Commercial Building Code Council and Multifamily Dwelling Code Council

Joint Meeting of Commercial Building Code Council and Multifamily Dwelling Code Council

• Elevator contractor and mechanic licensing is currently enacted through an emergency rule.
• Electrical licensing and inspection would have a big impact because it would require licensing for 8000-10,000 people. The adoption of this rule would have a 5 year effective date in order to allow enough time for people to meet new licensing and inspection requirements.
• Registration of construction contractors and subcontractors
• Propane distribution rules do not affect building construction.
• Insulation mechanic licensing would require individuals to be licensed if they install insulation on certain pipes and ducts.
• Fireworks sellers licensing.
• Elimination of the prohibition on heated sidewalks already passed in both houses but is not yet effective.
• Prohibition of indoor smoking would be the responsibility of the owner. Currently, some buildings in Wisconsin allow smoking in designated areas. This rule would prohibit designated smoking areas in buildings.
• Standards for enclosures for non-native cats would establish requirements for housing non-native cats.
• Allowance of non-graded load-bearing lumber has been approved by the senate.
• Eliminate super-insulation mandate.
• Uniform commercial building code proposal would mandate a state-wide commercial building code.
• Regulation and preservation of historic buildings would allow an appeal in the decision of variance of historical buildings.
• Fire-safe cigarettes proposal is supported by the Department of Commerce.
• A bill has been proposed that would require Commerce to collect data on fires. It would require fire departments give Commerce information about fires.
• Installation of carbon monoxide detectors would require owners of multifamily dwellings, hotels, and motels to install carbon monoxide detectors in buildings where there is a fuel-burning appliance, unless it is a seal combustion unit (which has to be inspected annually).

Commercial Building Code Council and Multifamily Dwelling Code Council Joint Meeting

Thursday, March 27, 2007, 9:30 a.m. to 2 p.m., Howard Johnson Ballroom, 3841 East Washington Ave., Madison, Wisconsin

Council Attendance:
CBCC: Norm Arendt - P; Janet Harter - P; Curt Hastings (Alt. Sam Lawrence) - P; Joe Jameson - P; Joe Jurkiewicz - P; Dave Keller - P; Steve Klessig - P; Dennis Krutz - Ex; David Lind - A; Bill Napier - P; Stan Ramaker - P; Ed Ruckriegel - P; Gary Ruhl (Alt. Dan Driebel) - P; Chris Rute - P ; Michael Shoys, Chair - P; Russ Spahn - A

MDCC:
Kraig Biefeld - A; Jeffery Brohmer - P; Emory Budzinski - P; Beth Gonnering, Chair - P; Edward Gray - P; Greta Hansen - P; Jim Klett - P; Michael Morey - P; Dave Nitz - P; Richard Paur - P; Nicholas Rivecca - A; Kori Schneider - Ex; Mark Scott - P; Kevin Whipperfurth - P

Visitors:
Dave Wheaton, League of Municipalities; Fred Baumgart, City of Franklin; Tim Semmann, Wisconsin Builders Assoc.; Robert Cannon, Madison Bldg Trades; Dan Gengler, National Fire Sprinkler Assoc.; Dan Driebel, Local 669; Bob Neale, International Code Council; Scott Mathie, Metropolitan Builders Assoc.; Jim Boullion, Assoc. General Contractors; Annie Early, Wisconsin Fire Protection Coalition; Bill Babcock, AIA Wisconsin; Pattie Galle, Metropolitan Builders Assoc.; Norman Bair, state Department of Administrtion, Division of Energy

Department of Commerce staff: Jim Smith, Robert DuPont, Jim Quast, Tom Kasper, Larry Swaziek; Henry Kosarzycki; Diane Meredith;

Welcome and Introductions
Beth Gonnering opened the meeting with a round of introductions. The January 16, 2006 progress report was approved as written. The agenda was also approved as written.

Election of Officers for Multifamily Dwelling Code Council (MDCC)

Beth Gonnering was nominated to serve as the Chairperson and Richard Paur was nominated to serve as Vice Chairperson. Beth and Richard were elected by unanimous vote to these positions, respectively.

Division Updates
Bob DuPont updated the council with the following agency activities:

Chapter Comm 60 relating to soil erosion will become effective on April 1, 2007. The administration of these rules will permit electronic submittals for Notice of Intent and will be the first project where credit cards will be accepted for payment of services.
The agency does not anticipate any budget cuts this biennium.
Reallocation of staff to the storm water management program will most likely be required.
Remedial legislation may be introduced in April that will affect the 2005 Wisconsin Act 456 relating to licensing of elevator mechanics and contractors. Part of the remedial legislation should be to extend the effective date for licensing to June 2008.
The electrical licensing bill is pending. The bill will require the licensing of all electricians, will mandate a 5-year delayed effective date due to the experience requirements, and will require electrical inspections in all commercial buildings.
The Department is encouraging local governments to include enforcement programs for soil erosion and storm water management. A management conference is scheduled in June to discuss ways to streamline government processes. It was noted that some certified municipalities may choose to provide services to other communities within their area under local agreement. Grand Chute is a certified municipality that may be providing such a service in the future.

Review of Public Hearing Comments
Jim Smith noted the majority of the public hearing comments received by the Division related to requiring sprinklers in commercial multifamily dwelling units. The summary of the public hearing comments was explained and Jim pointed out the response under speaker #1 (Frank Madden) applies to all of the comments received regarding the sprinkler requirement for all multifamily dwellings. The response indicated the Department has the authority to promulgate rules regarding fire suppression in public buildings and places of employment including multifamily buildings. It is the Department’s position to maintain the minimum sprinklering requirements in the 2006 International Building Code (IBC) and to not develop alternatives to such sprinklering. Various technical requirements were also reviewed relating to energy, HVAC, and construction related issues for new and existing buildings. The following points relative to the sprinkler issue were discussed by the council:

A reservoir to serve a building with a sprinkler system would need to hold enough water to satisfy a minimum system flow demand of 75 gallons per minute for a 30-minute duration.
The average costs involved for the installation of a sprinkler system were included in the rule analysis. The average cost to maintain the system was found to be approximately $300 to $550 per year.
Multipurpose piping systems as permitted in one- and two-family dwellings will be allowed in certain townhouse structures.
Various alternatives to building code construction requirements, such as increased travel distance to an exit, reduced number of fire doors or increased building area, are permitted based on the type of sprinkler system provided in the building. Typically, an NFPA 13 sprinkler system is provided in most commercial facilities and the NFPA 13-R and NFPA 13-D are permitted in limited occupancies in commercial facilities. An NFPA 13-D sprinkler system would be permitted to serve certain townhouses and that type of system would not require the attics or garages to be sprinklered.
Right now 24 states require sprinklers in buildings as specified in the 2006 IBC.

Proposed Changes to the Public Hearing Rule Draft
The following is a summary of the proposed changes to the public hearing rule draft based on the suggestions received relating to the technical requirements:

Comm 62.0507: Townhouses that are constructed as covered under the International Residential Code® (IRC) will not be required to be sprinklered. The IRC will not be adopted by reference but the requirements regarding height, wall rating, opening limits and common path of travel distance will be included as Wisconsin modifications.
Comm 62.0707 (1) and (2): One of the existing exceptions to IBC section 707.2 was modified and an additional exception has been included under IBC section 707.2 relating to shaft requirements that will permit elevators not be enclosed in open parking garages that serve only the parking garage. These are some of the improvements included to reflect the 2009 edition of the IBC.
Comm 62.0903 (6): Language is included to recognize that sprinklers or 2-hour fire resistance will be needed for 3-story townhouses involving over 21 units. To be a townhouse, a 2-hour fire-resistive wall is needed between each dwelling unit. These fire resistive walls may not contain any plumbing pipes or heating ducts. Electrical wiring and outlet boxes may be in these 2-hour walls.
Comm 62.1007: The sprinkler exception for accessible means of egress (area of refuge and stair width) needs to be retained.
Comm 62.1014: An additional exception has been included under IBC section 1014.3 relating to common path of egress travel that will not limit the common path of egress in townhouses that are not more than 3 stories above grade plane and each dwelling unit is either separated by at least a 2-hour fire-resistive wall with the various limitations or is properly sprinklered.
Comm 62.1016: A change relating to exit access travel distance has been included to reflect the 2009 edition of the IBC and it also relates to other shaft and vertical exit enclosure modifications.
Comm 62.1019: Another improvement was included to reflect the 2009 edition of the IBC. The title of this section will be changed to reflect that the Wisconsin modification has been expanded to include more than just guard towers.
Comm 62.1020: This is another improvement included from the 2009 edition of the IBC to clarify the shaft and vertical exit enclosure provisions.
Comm 62.1104 (1): The current Wisconsin modification was inadvertently excluded which clarified that government-owned or operated facilities may not apply the exception for an accessible route to floors above or below the grade-level floor that are less than 3,000 square feet in size. This additional exception has been added back in to be consistent with federal law.
Comm 62.2900: The plumbing requirements were clarified by recognizing the systems or devices listed under chapter Comm 90 as alternatives to the plumbing requirements under IBC chapter 29.
Comm 63.0202: A definition of “effective aperture” was added under the energy requirements to help with the application of the code.
Comm 63.0503 (3): The minimum efficiency requirements for HVAC equipment were changed to reflect a proposed change in the federal energy codes that will become effective in 2010 and to reflect the 2009 edition of the IECC.
Comm 63 Table 503.2.3. (2): Language relating to split-systems was added to Table 503.2.3 (2) for HVAC equipment performance requirements.
Comm 63.0505: Included lighting requirements, which are adapted from the California Code and reflect the 2009 edition of the IECC.
Comm 64.0202 (1) (d): The term “ambulatory surgical center” was added to the definition of “health care facility” to reflect current application of requirements.
Comm 64.0300: One Wisconsin modification was created to cover what used to be several Wisconsin modifications relating to health care facilities.
Comm 64.0401: Relocated the requirement for large volume spaces to this section and clarified that ventilation is required when the room or space is occupied.
Comm 64.0402 & Comm 64.0403(2): We reworded the existing WI modifications to clarify the requirements regarding ventilation permit the use of both natural and mechanical ventilation. It was noted that the IMC provisions of chapter 4 recognize the differences when the building or space is occupied versus not occupied and accordingly provides more flexibility. This moves us closer to the IMC.
Comm 64.0403 (6) and Table Comm 64.0403 footnote b: Clarified the mechanical ventilation requirements under Comm Table 64.0403 by eliminating references to “air changes” in the table and in the footnotes. Maintaining the requirements has caused confusion when buildings are air conditioned.
Comm 64.0602: The Canadian Standard, CAN/ULC S102.2 has been included as an alternate standard for testing of materials within plenums.
Comm 64.0607: The smoke damper requirements have been clarified by including the requirement that smoke dampers are not required in Group I-2 duct penetrations of smoke barriers.
Comm 64.1500: Included the Canadian Standard referenced within Comm 64.0602.
Comm 66.1301 (2): Clarified that IEBC section 1301.3.2 relating to compliance with other codes (International Fire Code and International Property Maintenance Code) would not apply. It was noted the title of Comm 75 to 79 will be changed to “Buildings Constructed Prior to 1914.”

Summary of Rule Process
Jim Smith reminded the members the next step in the rule development process would be to send the proposed rule draft to the Legislature for review. The members discussed the potential effective date of the rules and asked whether the agency felt there would be any more delays in the rule process. They also discussed options available, including the subdivision of the package. Bob DuPont said the rules may be ready to send to the Legislature by late April or early May and felt the rules may be assigned to the Legislative Committees on housing. The following motions were made regarding the rule package:

A motion was made and seconded to forward the proposed rule changes to the Legislature for review as a single package.

Voting results from the CBCC members present were 6 in favor, 5 opposed.
Voting results from the MDCC members present were 7 in favor, 2 opposed, 1 abstention.

A motion was made and seconded to not delay implementation of the proposed rule package. The motion passed by unanimous vote of the council members present.

* Post-Meeting Note: Due to the significant interest in this rule package, the Council members absent (five CBCC members and four MDCC members) were polled for their votes on these motions after the meeting. All of the absent members voted “in favor” of each motion. The following total vote tallies include the polled members:

Motion 1. The total vote tally from the CBCC members is 11 in favor and 5 opposed.
The total vote tally from the MDCC members is 11 in favor, 2 opposed and 1 abstention.

Motion 2. The total vote tally from the CBCC and MDCC members is all in favor.

Next Meeting
The CBCC and MDCC members will be notified when the next meeting will be scheduled. The rule draft for Legislative review will be shared with the Council members and posted on the Commerce Web site when approved by the Secretary.

For more information, contact Safety and Buildings Division Commercial Buildings Program Manager Jim Smith, 608-266-0251, Jim.smith@wisconsin.gov.

Commercial Building Code Council and Multifamily Dwelling Code Council Joint Meeting Thursday, January 12, 2006, 9:30 a.m. to 1:15 p.m., Howard Johnson Ballroom, 3841 East Washington Ave., Madison, Wisconsin

Council Attendance:
CBCC: Janet Harter – P; Curt Hastings- P; Joe Jameson – P; Joe Jurkiewicz – P; Dave Keller – A; Terry Kennedy – P; Steve Klessig – P; Dennis Krutz – P; David Lind – A; Bill Napier – P; Ed Ruckriegel – P; Gary Ruhl – P; Chris Rute – P; Michael Shoys, Chair – P; Russ Spahn – A; Fred Stier - P

MDCC: Jeffery Brohmer – P; Kraig Biefeld – A; Emory Budzinski – A; Beth Gonnering, Chair – P; Greta Hansen – P; Edward Gray - A; Jim Klett – P; Michael Morey – P; Dave Nitz – P; Richard Paur – P; Nicholas Rivecca – Ex; William Rohr - P; Kori Schneider – P; Kevin Whipperfurth - P

Visitors: Scott Olsen, Madison Gas and Electric Company; Jerry Deschane, Wisconsin Builders Assoc.; John Mielke, Associated Builders and Contractors; Dallas Millard, Wisconsin State Firefighters Assoc.; Larry Plumer, Wisconsin State Firefighters Assoc.; Bill Schomburg, International Code Council; Gregg Cleveland, Wisconsin State Fire Chiefs Assoc.; Jim Boullion, AGC of Wisconsin; Dan Gengler, National Fire Sprinkler Assoc.; Ken Hartje, Wisconsin State Fire Chiefs Assoc.; Norman Bair, Department of Administration, Division of Energy; Bill Babcock, AIA Wisconsin; J. Scott Mathie, Metropolitan Builders Assoc.;

Department of Safety and Professional Services Staff: Jim Smith, Robert DuPont, Diane Meredith, Jim Quast, Tom Kasper

Welcome and Introductions
Mike Shoys opened the meeting with a round of introductions. The December 8, 2005 progress report was approved with the modification to the attendance record that Michael Morey should be shown as excused. The agenda was also approved as written.

Division Updates
Diane Meredith noted the public hearing for the rule package relating to erosion control, sediment control and storm water management for the construction of buildings will be held next Tuesday, January 18, 2006. She also explained the rule draft for Comm 72 relating to cleaning methods for historic buildings has been adopted and the effective date will be March 1, 2006.

Bob DuPont indicated the timeline that was distributed to the members shows when the various rule-making activities will take place for the changes to chapters Comm 61 to 66 and includes the proposed effective date of January 1, 2007.

Presentation by Ed Ruckriegel relating to fire access roads
Ed Ruckriegel suggested to the members that the current rules under s. Comm 62.0509 relating to fire access roads should be maintained in the Wisconsin Commercial Building Code (WCBC). He felt designers use these requirements when they are starting their work on a new building and fire access road requirements should remain in the WCBC rather than in a separate code. Ed felt the requirements would need updating since strict application of these requirements has been difficult and suggested adding requirements that would provide more flexibility to the specific requirements.

Bob DuPont indicated the model codes, including the IBC and NFPA 5000 Standard, reference the fire codes for the fire access road requirements. The Comm 14 Fire Prevention Code Council has discussed these requirements and has suggested using the NFPA -1 standard for fire access roads. Bob indicated the NFPA 1 standard includes specific requirements and provides for flexibility in application.

There was considerable discussion on the merits to maintain the fire access road in the WCBC, to cross-reference the NFPA 1 standard from the WCBC, or use Comm 14 and NFPA 1 without a reference in the WCBC. The following motion was made:

Motion: A motion was made and seconded to maintain the current wording under s. Comm 62.0509 and refer the subject to the technical committee (Ad Hoc Group for the IBC General Requirements) for discussion. The motion passed by a vote of 21 to 1.

Discussion of sprinklering requirements for R-occupancies
Bob DuPont reviewed the residential sprinkler issue by explaining that at the last meeting Jerry Deschane from the Wisconsin Builders Association had a legal opinion from his organization stating the Department did not have the authority to require sprinklers in multifamily housing buildings beyond the specific statutory language. Bob indicated Department of Safety and Professional Services legal counsel has stated the Division does have the general authority to require sprinklering requirements that would go above the specifics in the statutes. A formal opinion from Commerce legal counsel should be available next week. He also noted that under the statutes there is a reference to base the sprinklering requirements on the BOCA model code, which now is the IBC.

Jim Smith explained he had worked with a number of members from the Councils and the Sprinkler Association to obtain information on the estimated costs to provide sprinklering in different type buildings under the R-occupancies. Three types of residential buildings were considered: 4-unit apartment style building, 2 stories in height and of conventional frame construction; 8-unit townhouse style building, 2 stories in height and of conventional frame construction; 24-unit senior housing, addition to an existing building, common-use spaces provided in addition to the dwelling units, building is sprinklered.

The following is a summary of the material presented:
-2004 national fire statistics relating to number of fires and fire deaths reported in commercial buildings and apartment buildings. The statistics show that the majority of fire deaths and injuries in commercial buildings occur in apartment buildings.
-Sprinkler systems provide considerable fire safety for the occupants and the building and insurance companies may give discounts for including sprinklers.
-Cost estimates provided were for an NFPA 13R system and an NFPA 13 system. The sprinkler costs overall were slightly higher for an NFPA 13 system compared to an NFPA 13R, and where a municipal water supply was not available it was slightly higher for each type of sprinkler system.

There was considerable discussion on the safety and cost issues relating to providing sprinklers in all R-occupancies, including what alternatives would be available when a municipal water supply would not be available. The following motion was made:

Motion*: A motion was made and seconded to maintain the current sprinkler threshold requirement for R-occupancies instead of using the 2006 IBC, which requires sprinklers in all R-occupancies, including Group R-2.

The results of the motion from the CBCC members present were 7 in favor, 5 opposed.
The results of the motion from the MDCC members present were 3 in favor, 6 opposed.

* Note: Due to the significant interest in this topic, the Council members absent were polled for their vote on this issue. The following final vote includes the polled members.

The final motion from the CBCC members is 8 in favor and 8 opposed.
The final motion from the MDCC members is 3 in favor, 9 opposed and 2 abstained.

The following motion was also made concerning the entire rule package:

Motion was made and seconded to hold the proposed rule package until the sprinkler issue for R-occupancies is resolved. The motion failed 19 to 2.

Energy Conservation Update
In response to the question raised at the last meeting concerning whether a standard 2 x 6 wall construction will satisfy the 2006 International Energy Conservation Code (IECC) requirements for residences, Jim Quast reported the R-19 value is for insulation within the cavity of the 2 x 6 wall, not for the overall value of the wall assembly.

Alterations and Change of Occupancy
Jim reviewed the various excerpts from the International Existing Building Code (IEBC) 2006 edition and answered the following specific questions that were raised during the previous meeting:

- Does an existing stairway need to be changed when an existing building is changed in occupancy? IEBC section 912.4.1 would require existing stairways in buildings that are changed in occupancy to a higher hazard to comply with IBC chapter 10; however, there are exceptions for existing stairways that may be applied.
- Does an existing building need to be provided with fire protection systems in accordance with the IBC when the building is changed in occupancy or when it is altered? IEBC section 912.2 would require fire protection systems in accordance with the IBC for the areas where the change of occupancy occurs; however, as noted at the last meeting, there is an exception for certain nonaccessible concealed spaces.
IEBC sections 704.2 and 804.1 require fire protection systems in all work areas. There are some exceptions to providing sprinklers where there is not sufficient municipal water supply.

Jim did note that the preliminary public hearing draft will be modified to eliminate the definition of “sufficient municipal water supply” and will not require alternatives above the IEBC. No other issues relating to the use of the IEBC were raised by the members.

Review of Topic Areas under the Preliminary Public Hearing Draft
The members did not identify any other concerns relating to the proposed Wisconsin modifications to chapters Comm 61 to 66 and they proposed the following motion:

Motion: A motion was made and seconded to refer the rule package relating to updating and adopting the 2006 editions of the ICC codes along with the exceptions reflected in the motions relating to fire access roads and sprinklering of R-2 buildings to public hearings. The motion passed by unanimous vote.

Next Meeting: Thursday, June 22, 2006 starting at 9:30 a.m., Howard Johnson Ballroom, 3841 East Washington Ave., Madison, Wisconsin

Contact: Jim Smith, jsmith@commerce.state.wi.us, 608-266-0251.

Commercial Building Code Council and Multifamily Dwelling Code Council Joint Meeting,Thursday, December 8, 2005, 9:30 a.m. to 3 p.m., Holiday Inn- Madison East Ballroom, 3841 East Washington Ave., Madison, Wisconsin

Council Attendance: CBCC - Janet Harter Ex; Curt Hastings – P; Joe Jameson – P; Joe Jurkiewicz – Ex; Dave Keller – A; Terry Kennedy – P; Steve Klessig – P; Dennis Krutz –Ex; David Lind (Alt. Vernon Green) – P; Bill Napier – P; Ed Ruckriegel – P; Gary Ruhl – Ex; Chris Rute – P; Michael Shoys, Chair – P; Russ Spahn – A; Fred Stier – Ex;
MDCC - Jeffery Brohmer – P; Kraig Biefeld – P; Emory Budzinski – P; Beth Gonnering, Chair – P; Greta Hansen – Ex; Edward Gray – A; Jim Klett – P; Michael Morey – A; Dave Nitz – P; Richard Paur – P; Nicholas Rivecca – P; William Rohr – P; Kori Schneider – Ex; Kevin Whipperfurth – P.
Guests: Larry Palank, Chair/Means of Egress and Accessibility Council; John Eagon, Chair/Fire Safety Council; Mike Mamayek, Chair/HVAC Council.

Visitors: Scott Olsen, Madison Gas and Electric Company Norman Bair, state Department of Administration, Division of Energy; Jerry Deschane, Wisconsin Builders Assoc.; Tim Semmann, Wisconsin Builders Assoc.; Bill Babcock, AIA Wisconsin

Department of Safety and Professional Services Staff: Jim Smith, Greg Jones, Robert DuPont, Diane Meredith, Jim Quast, Tom Kasper
Welcome and Introductions: Beth Gonnering opened the meeting with a round of introductions. The October 27, 2005 progress report was approved as written. The agenda was also approved as written with the addition that Jerry Deschane from the Wisconsin Builders Association would address the members.

Division Updates: Jim Smith introduced Greg Jones, Administrator for the Division of Safety and Buildings. Greg indicated that he has worked in a number of state agencies and most recently in the Department of Workforce Development. Greg feels the use of citizen advisory councils is a great way to ensure the codes developed by the agency are user friendly and looks forward to working with everyone.

Jim Smith noted that Lynita Docken presented material on Comm 60 relating to soil erosion at the June 23, 2005 meeting of the Commercial Building Code Council (CBCC) and the Multifamily Dwelling Code Council (MDCC). He indicated that each member was given a copy of the public hearing draft relating to soil erosion and explained the public hearing is scheduled for January 18, 2006.

Bob DuPont noted the Fire Prevention Code Council has been working on modifications to chapter Comm 14 relating to fire prevention and indicated the rule-making schedule for this code will coincide with that of chapters Comm 61 to 65.

Presentation from Jerry Deschane: Jerry Deschane, Deputy Executive Vice-President for the Wisconsin Builders Association (WBA), distributed a written opinion from WBA’s legal council stating the Division could not propose rules requiring sprinklers in multifamily buildings that have less than 20 dwelling units or less than 16,000 square feet. Jerry feels requiring the sprinklers in buildings below these thresholds would violate s. 101.14 (4m) (b), Stats. Bob DuPont indicated that the Division request that the Department’s legal counsel provide advice on this issue. The outcome will be discussed at the next meeting.

Report from Energy Conservation Specialty Code Council: Jim Quast reported the Energy Conservation Code (ECC) Council reviewed the International Energy Conservation Code (IECC) and many of the current energy requirements under chapter Comm 63. The entire chapter of Comm 63 will be repealed and recreated due to the elimination of many of the energy requirements that were included under Comm 63, subchapter III since the requirements will be covered under the 2006 IECC or the 2004 ASHRAE 90.1 standard. The following are the major changes under the 2006 IECC and those major modifications proposed by the ECC Council include:

- The energy conservation requirements for residential buildings (R-2, R-3, and R-4 that are three stories or less in height) have been simplified and are now contained under IECC chapter 4. The requirements are more prescriptive and the goal was to achieve better compliance and enforcement.
- Under the IECC, there are no limits to the amount of fenestration instead the fenestration assemblies must comply with minimum performance component standards. The ECC Council has recommended a modification that will limit the fenestration to not more than 25 percent of the window to wall ratio and limit the skylight fenestration to not more than 10 percent of the roof area. Jim Quast noted that Division management is still considering the merits of the recommendation.
- The members discussed whether standard 2 x 6 construction with cavity insulation would meet the IECC R-values without the use of rigid insulation. Staff will research this concern and provide information to the members.
- Under the IECC, commercial buildings may comply with the requirements under IECC chapter 8 or with the 2004 edition of the ASHRAE 90.1 standard.
- The ECC Council is recommending the triggers for economizers be lowered to 33,000 Btu/h for simple systems and 54,000 Btu/h for complex systems because of the cost effectiveness of providing economizers.
- The IECC will require energy recovery ventilation (ERV) systems where individual fans are 5,000 cfm or greater, and where the minimum outside air supply is 70 percent or greater of the design supply air quantity.

Jim explained an issue was brought to both the HVAC Code Council and the ECC Council which would require ventilation controls on all systems serving large assembly areas with varying occupant loads, such as high school gymnasiums. The HVAC Code Council did not recommend mandating this requirement because they felt the code already permits an owner to adjust for the varying occupant loads. However, the ECC Council recommended making it mandatory because of energy conservation implications. The CBCC/MDCC members agreed that a mandatory requirement should not be developed, and suggested that owners may voluntarily provide the controls.

Report from HVAC Code Council: Jim Quast reported on the HVAC Code Council recommendations and introduced Mike Mamayek, chairperson for this Council. He noted that the requirements under the preliminary public hearing draft are only those Wisconsin modifications that are being repealed, amended or those that are being created. Numerous Wisconsin modifications will be maintained without any changes. The following are the major changes being proposed:
- The current ventilation modifications under Table Comm 64.0403 will be maintained and the main modification to this Table was to remove the temperature requirements. The temperature requirements are now under newly created Table Comm 64.0309 and allowed the option of “engineered” natural ventilation.
- The International Mechanical Code covers hydronic piping and the reference to comply with the Comm 41, Boiler code, should be dropped.

Report from the Alteration and Change of Occupancy Code (ACOC) Council: Jim Quast introduced Chris Rute, who is chairperson for the ACOC Council, and provided the following information on the use of the 2006 edition of the International Existing Buildings Code (IEBC) when existing buildings are altered or changed in occupancy:
- The IEBC addresses repairs, alterations, changes in occupancies, additions, historic buildings, relocated or moved buildings. The IEBC provides for three levels of alterations and the requirements build upon each other, and also provides for a methodology for alternate compliance, which is very similar to the trade-off system used in chapter Comm 70 for historic buildings.
- The 2006 edition of the IEBC includes a prescriptive compliance alternative chapter, which in the opinion of the ACOC Council and staff does not provide any value and repeats requirements in the other chapters. It was recommended that IEBC chapter 3 be deleted.
- A Wisconsin modification is being proposed to clarify the terminology of “insufficient municipal water” and the definition created reflects language from NFPA.
- The IEBC will require sprinklers in existing buildings that are changed in occupancy when sprinklers are required for the new occupancy under IBC chapter 9.
- A Wisconsin modification is proposed to allow the omission of sprinklers in non-accessible concealed combustible spaces.
- Chapter Comm 70 relating to historic buildings will be repealed. However, the uniformity of the requirements for qualified historic buildings will still apply and the exhibit building requirements under chapter Comm 70 were included under chapter Comm 66 as Wisconsin modifications.

A number of the members felt uncomfortable accepting the use of the IEBC because of uncertainty of the cost implications. The two areas with the most concern were the addition of sprinklers and changing existing stairways to conform to new construction requirements. Other members reported they felt many of the issues and concerns over the application of the current Wisconsin Commercial Building Code (WCBC) to existing buildings would be clarified under the IEBC. Staff members will work with some Council members to determine the impacts and bring this information back to the CBCC/MDCC at the next meeting.

Report from Fire Specialty Councils: Jim Smith introduced John Eagon, who is the chairperson for the Fire Safety Council, and reported one of the major concerns identified by this Council was the test standard for firewalls; however, this concern was addressed at the ICC Committee level so no Wisconsin modification will be necessary. The Fire Safety Council reviewed and made recommendations on the following major considerations to the IBC chapters relating to fire safety:
- IBC chapter 7 – Fire Resistance: A number of current Wisconsin modifications were repealed since they will be covered under the 2006 edition of the IBC, and the members did not identify any concerns with the new changes proposed for the new edition of the IBC.
- Comm 62.0400 (1) and 62.0415 (3) relating to fireworks and hazardous materials will be maintained but were changed for clarity and consistency with the IBC.

Fire Protection Systems Council: The Fire Protection Systems Council reviewed changes and topics relating to IBC chapter 9 relating to fire protection systems and proposed very few modifications. The most significant change in this chapter is that all residential occupancies will require sprinkler protection. A Wisconsin modification has been proposed to including a townhouse exception for sprinklers, which is consistent with the ICC. However, the sprinkler threshold as specified under the statutes cannot be exceeded, which is why we included the exception about the 20 units or more than 16,000 square feet. A Wisconsin modification was also created to permit the use of NFPA 13 for the design of the sprinkler protection for exterior balconies and ground-floor patios.

Bob DuPont noted the Division is required in the public hearing stage in the rule development process to prepare an analysis of adjacent states and how Wisconsin requirements compare to theses states. Bob noted that Minnesota and Michigan have already adopted the 2003 edition of the IBC and to his knowledge these states did not include any modifications to the sprinkler requirements for residential buildings (R-occupancies).

Means of Egress and Accessibility Code (MEAC) Council: Jim Smith introduced Larry Palank, who is the chairperson for the MEAC Council, and gave a brief summary of the changes to IBC chapters 10 and 11. Due to IBC chapter 10 being reorganized and renumbered for ease of use, the requirements in the preliminary public hearing draft contain all of the modifications to IBC chapter 10. A number of people had questions relating to corridor requirements, exiting through a storeroom, court yard exiting, and determining occupant loads in churches. It was noted that many of these concerns had been addressed with the code change package that became effective almost a year ago, and many of the concerns raised appeared to be with the application of the code requirements at the plan review stage. Staff from the Integrated Services Bureau will be contacted to assure they are aware of the code requirements and proper code application.

The requirements under IBC chapter 11 regarding accessibility now include the fair housing provisions and reprinting this chapter in Comm 62 is no longer necessary. The modifications to IBC chapter 11 mainly contain statutory requirements relating to the state fair housing law.

IBC General Requirements Ad-Hoc Group: Jim Smith noted this Ad-hoc group reviewing the changes to the IBC general requirements chapters did not identify any concerns and proposed no new Wisconsin modifications.

Miscellaneous Concerns: There was a request that members receive information on the petitions and material approvals that have been processed, referring back to past discussions on an alternative standard that included jump platforms. Jim Smith will share this information with the members. It was also noted that information on all the alternate approvals may be found on the Division’s Web site at www.commerce.wi.gov/SB.

Next Meeting: The next meeting of the CBCC/MDCC Councils is scheduled for: Thursday, January 12, 2006 starting at 9:30 am and going until 12:30 pm., Holiday Inn-Madison East Ballroom, 3841 East Washington Ave., Madison, WI

If you have any questions, please contact Jim Smith, jsmith@commerce.state.wi.us, 608-266-0251 or Diane Meredith, dmeredith@commerce.state.wi.us, 608-266-8982.

Commercial Building Code Council and Multifamily Dwelling Code Council Joint Meeting, Thursday, October 27, 2005 , 9:30 a.m. to 12:15 p.m., Holiday Inn- Madison East, 3841 East Washington Ave., Madison, Wisconsin

Council Attendance:
CBCC - Janet Harter P; Curt Hastings P; Joe Jameson P; Joe Jurkiewicz P; Dave Keller A; Terry Kennedy P; Steve Klessig Ex ; Dennis Krutz P; David Lind Ex; Bill Napier Ex; Ed Ruckriegel P; Gary Ruhl P; Chris Rute P; Michael Shoys, Chair P; Russ Spahn A; Fred Stier P

MDCC - Jeffery Brohmer P; Kraig Biefeld P; Emory Budzinski Ex; Beth Gonnering, Chair Ex; Greta Hansen Ex; Edward Gray A; Jim Klett P; Michael Morey P; Dave Nitz P; Richard Paur P; Nicholas Rivecca P; William Rohr Ex; Kori Schneider P; Kevin Whipperfurth P

Visitors: Scott Olsen, Madison Gas and Electric Company; Don Hynek, DOA, Division of Energy; John Mielke, ABC of Wisconsin; Jim Boullion, AGC of Wisconsin; Tim Semmann, Wisconsin Builders Association; John Periard, Commercial Realtors Association

Department of Safety and Professional Services Staff: Jim Smith, Diane Meredith, Tom Kasper, Larry Swaziek

Welcome and Introductions
Mike Shoys opened the meeting with a round of introductions. The progress report for the June 23, 2005 meeting was approved. The agenda was also approved as written.

The Advisory Council Manual, which includes information on the make-up of the Department of Safety and Professional Services, rule development process and member responsibilities, was reviewed with the members. It was also noted that these Councils are advisory to the Department, and they typically work by consensus decisions.

Division Updates
Jim Smith reported that Greg Jones has been appointed as the new Division Administrator. Greg came to Safety and Buildings from the Department of Workforce Development. Greg hopes to join us at the next Council meeting scheduled in December.

The following code project updates were presented:
- Comm 14 - Fire Prevention Code: The rules are being reviewed and updated and it is hoped this code will go into effect at the same time the Wisconsin Commercial Building Code (WCBC) goes into effect.

- Comm 7 - Explosive Materials and Comm 9 - Manufacture of Fireworks: These codes may be eliminated since the requirements are covered under the NFPA standards that are referenced under the WCBC.

- Comm 60 - Soil Erosion: These new rules are near completion for holding a public hearing. At the last CBCC/MDCC meeting Lynita Docken presented the material that will be covered under this new code.

- Comm 2 - Fee Code: The rule changes including various miscellaneous changes to the fee schedule became effective on November 1, 2005.

- Comm 5 - Credentialing Code: The rule changes affecting certain credentialing requirements became effective on November 1, 2005.

- Comm 41 - Boiler Code: The rule changes including various routine update changes to the latest edition of the ASME codes became effective on November 1, 2005.

- Comm 72- Cleaning Methods for Historic Buildings: The rule package was submitted in October to the Legislature for review.

The anticipated rule development process for the WCBC is to hold hearings in March of 2006, submit the rules to the Legislature for review before September 1, 2006, and have an effective date of January or February 2007.

Report from Structural Specialty Code Council
Larry Swaziek, Program Manager for the Structural Specialty Code Council, addressed the members by explaining the following major proposed rule changes to the International Building Code (IBC) chapters 16 to 25 relating to structural issues:

- Comm 62.1608 (1) and (2) - Snow loads: It is proposed to maintain the IBC language relating to snow loads and to eliminate the Wisconsin modification, which was based on county lines, and alternate snow exposure factor.

- Comm 62.1608 (3) relating to alternate unbalanced snow load design will be maintained.

- Comm 62.1609 - Wind loads: It is proposed to eliminate the alternative wind load design requirements for smaller buildings (less than 50,000 cubic feet) and use the requirements specified in IBC section 1609.

- Comm 62.1610 - Soil lateral loads: The Wisconsin modifications will be eliminated since the soil lateral loads will adequately covered under the 2006 IBC.

- Comm 62.1615 - Earthquake loads/site ground motion: The Wisconsin modifications relating to alternatives to the contour lines for seismic design will be eliminated and the IBC requirements will be used. It is proposed to add an informational note identifying an interactive Web site that is maintained by the U. S. Geological Service. Some members asked whether Dane County would still be within the contour lines and Larry explained the lines have shifted but Dane County would still be within the seismic design requirements. Curt Hasting indicated that seismic design does add to the costs for building designs.

- Comm 62.1700 - Structural tests and special inspections: The Wisconsin modification will be modified to include IBC sections 1710 to 1715 since these requirements clarify test procedures.

Numerous members were concerned that the IBC requirement relating to special inspections were not included since many of the building inspectors do not have the time and technical expertise to perform the listed special inspections. However, it was explained that the ISO rating permits the elimination of these type requirements since a supervising professional is responsible for the complete building project and must be on site for building projects. The group felt maintaining the exclusion of the special inspections was acceptable.

- Comm 62.1901 - Construction documents for concrete: A Wisconsin modification has been created to clarify that the size and location of anchors do not need to be shown on the construction documents where other documents are submitted at a later date stating the size and location of the anchors.

- Comm 62.1901 (2) indicates that special inspection of concrete will not be required.

- Comm 62.2303 (2) - Truss design drawings: The requirement relating to truss design drawings has been modified to specify that project-specific details showing the anchorage, splicing and termination of the permanent bracing must be included as part of the truss drawings.

Report from Means of Egress and Accessibility Code Council
Jim Smith reported the Means of Egress and Accessibility Code (MEAC) Council did not identify any concerns with the changes from the 2003 IBC, 2004 Supplement or the changes from the hearings in Cincinnati; however, the following two concerns were identified from the ICC hearings in Detroit:

1. A proposal was accepted to require areas of refuge in sprinklered buildings. The MEAC members discussed how this will add to the overall construction costs of sprinklered buildings and wondered if there should be additional alternatives to the areas of refuge that would provide the needed space to wait for rescue. They suggested that this IBC change be eliminated or modified.

2. A proposal was accepted to change the wording relative to site arrival points for housing. The proposed language moved away from the language that was originally approved by the ICC Council on Means of Egress. The MEAC members recommended retaining the original wording that will be less confusing because it was similar to the federal Fair Housing Guideline requirements.

Report on IBC General Requirements
The Ad-Hoc group reviewing the proposed changes to the IBC general requirements did not identify any concerns with the changes in the 2003 IBC, 2004 Supplement or the changes from the hearings in Cincinnati, except for the change that increased the size of the ambulance stretcher (24” by 84”). This increase in size may require the elimination of the stretcher-size elevator in the additional occupancies identified by Wisconsin to those required by the IBC. These additional occupancies included all hospitals and nursing homes and all outpatient clinics, regardless of the number of stories. The size of the elevator car will need to be increased to accommodate the larger stretcher and this increased size would require the use of a 4000-lb. elevator. The Ad-Hoc group’s recommendation was to maintain the IBC requirement, which requires the larger elevators in buildings 4 stories or more in height, and to eliminate the Wisconsin modification.

The other issue presented to the Ad-Hoc group was the elimination of the fire access road requirements under the WCBC and the inclusion of these requirements under chapter Comm 14 - Fire Prevention Code. Jim Smith explained the fire access road requirements are not included under the IBC since they are covered under the NFPA 1 and International Fire Code. Ed Ruckriegel would like to see the fire access road requirements be maintained within the WCBC and offered to provide justification information to the members.

Report from Fire Specialty Councils
Jim Smith reported that the Fire Safety Council has one more meeting but has not identified any controversial items and the proposed code language should be available at the next joint meeting.

The Fire Systems Council feels the only item that will generate some discussion is the requirement that all R-2 occupancies must be sprinklered. Jim noted that there are some exceptions for townhouse style dwelling units and we are working on the specific language for the townhouse exception. This language should also be available at the next meeting.

Next Meeting
The next meeting of the CBCC/MDCC Councils is scheduled for: Thursday, December 8, 2005 starting at 9:30 am and going until 2:30 pm Holiday Inn - Madison East, Ballroom, 3841 East Washington Ave., Madison, Wisconsin

At least 2 weeks prior to the meeting, a draft of the proposed changes, available to that date, will be sent to the members.

Commercial Building Code Council and Multifamily Dwelling Code Council Joint Meeting, Thursday, June 23, 9:30 a.m. - Noon, Holiday Inn Madison East, 3841 East Washington Ave., Madison, Wisconsin

Counncil Attendance:
CBCC: Curt Hastings P; Janet Harter Ex; Joe Jameson P; Joe Jurkiewicz Ex; Dave Keller Ex;
Terry Kennedy (Alt. Kevin Kunde) P; Dennis Krutz Ex; David Lind A; Bill Napier P; Ed Ruckriegel P; Gary Ruhl P; Chris Rute Ex; Michael Shoys, Chair P; Russ Spahn A; Fred Stier P.

MDCC: Jeffery Brohmer Ex; Emory Budzinski P; Bruce Fuerbringer Ex; Beth Gonnering, Chair Ex; Greta Hansen P; Edward Gray A; Jim Klett P; Harry Macco (Alt. John Kisiel) P; Dave Nitz P; Richard Paur P; William Rohr P; Kori Schneider A; Fred Stier P; Kevin Whipperfurth P.

Visitors: Jim Galbraith, National Fire Sprinkler Association; Scott Olsen, Madison Gas and Electric Company; Don Hynek, DOA, Division of Energy

Department of Safety and Professional Services staff:Bob DuPont, Jim Quast, Diane Meredith, Tom Kasper, Lynita Docken

Welcome and Introductions
Mike Shoys opened the meeting with a round of introductions. The progress report for the April 28, 2005 meeting was approved, and a modification was made noting that Dave Lind was not in attendance. The agenda was approved as written.

Division Updates
Jim Quast reported that Kimberly Walker, Division Administrator for Safety and Buildings, has left the division to assume the Division Administrator’s position at the Department of Administration Division of Energy. Ron Buchholz has been appointed as the acting administrator until a permanent replacement is found.

Jim explained there is a proposed Assembly Bill #AB-447 that would require a uniform elevator code and also require the licensing of elevator inspectors and installers, which includes the agency doing criminal background checks on these individuals. Bob DuPont explained that the agency met with the lobbyist and the elevator representatives who are promoting this bill to discuss some technical issues with the proposed bill. The agency pointed out that, currently, around 70% of the proposed objectives under the bill are accomplished under the Department rules and programs. The Division also made several suggestions to increase the efficiency of the proposed bill, but they were not incorporated into this version of the bill. The members felt that proposed legislation like this should be brought before the CBCC and the MDCC for their review and discussion and should also be shared with the division’s technical councils for their review as well. The members felt this would provide a method for a better understanding of the proposed legislation, so they could communicate with their respective organizations on the technical issues and they in turn could comment on the proposed legislation.

A motion was made and seconded by the CBCC to oppose the proposed legislative bill AB-447 until the CBCC Council has had an opportunity to review and discuss the bill. The motion passed unanimously.

A motion was made and seconded by the MDCC to oppose the proposed legislative bill AB-447 until the MDCC Council has had an opportunity to review and discuss the bill. The motion passed unanimously.

Jim also noted that there is a move to introduce proposed legislation relating to retrofitting of high-rise dormitories with sprinklers. This legislation would apply to both privately-owned and publicly-owned dormitories, sororities, and fraternities, and has a 5-year compliance timeframe. The agency has been requested to do a fiscal analysis, but not a technical review. Ed Ruckriegel noted that the UW-Madison campus is retrofitting at least five dormitories with sprinklers this summer and is also aware that a national sorority association is mandating sprinklers in their houses.

Jim also explained there is proposed legislation which would prohibit local permit fees for the installation of replacement plumbing fixtures. It is anticipated that this proposal will not be enacted.

Mike Shoys suggested that the Department share any proposed legislation with the CBCC and MDCC Councils as well as the various technical Councils for their review. Bob DuPont will discuss this request with the agency for direction.

The following rule updates were given:
- Comm 3, Petition for Variance Procedures: The stop-work/stop-use rule package is scheduled for public hearings on Monday, June 27, 2005. A copy of the public hearing package was distributed to the members.
- Comm 5, Licenses, Certifications, and Registrations: The rule package, which related to general updates, was adopted on June 14 and will have an effective date of August 1, 2005.
- Comm 16, Electrical Code: The primary purpose of the rule package is to update the rules by adopting the 2005 edition of the National Electrical Code, and these rules will not require arc fault interrupters. The legislative review period will end shortly and a September 1, 2005 effective date is anticipated.
- Comm 41, Boilers and Pressure Vessels: The rule package is a general update of the rules and is currently at the legislative review process.
- Comm 72, Abrasive Cleaning of Historic Buildings: In accordance with s. 101.128, Stats, a rule draft is being developed that would prohibit the use of certain cleaning materials and methods on qualified historic buildings. The rules were sent to the CBCC and MDCC Councils and receiving no comments, the agency has approved the rules for public hearing. The public hearing is scheduled for August 1, 2005.
- Comm 91, Sanitation Code: The rules relating to equal speed of access to toilets where the public congregates (500 or more people) was adopted on June 16, 2005 and will have a delayed effective date of January 1, 2006.

Erosion control presentation
Lynita Docken, Plumbing Program Manager with the Division of Safety and Buildings, gave a presentation on proposed rules under chapter Comm 60 relating to soil erosion and stormwater management for the construction of buildings, which also includes some revisions to the current requirements under the Uniform Dwelling Code (UDC). She explained the agency intends to hold public hearings on the proposed rules in the fall of 2005, start the education process in the winter of 2005/2006, and hopefully have the rules in place in the spring of 2006. Lynita identified the following key points for consideration under the proposed rules:

- Fees for the notice of intent for commercial buildings would be $25 and the Division of Safety and Buildings would maintain these records.
- Permitting for UDC sites would be done at the local level.
- The rules under Comm 60 would apply to all sites of public buildings and places of employment where land disturbing construction activities occur. These rules are intended to prevent or reduce the deposition of soil and sediment into the waters of the state.
- Owners or their agents would be responsible for complying with the erosion control rules.
- The rules would be uniform, except compliance with any standard that is more restrictive under the EPA or DNR rules would be recognized.
- UDC permits must be applied for at least seven days in advance when more than one acre of land will be disturbed by construction activity. Less than one acre of land disturbed does not mandate a timeframe.
- Certified agents could serve as agents and issue notices of intent (NOI) and notices of termination (NOT).
- The NOT would be issued when the land is stabilized, which means at least 70 percent of the land contains vegetated areas and all temporary practices are removed.
- If a contractor is the responsible party for maintaining the temporary practices for soil erosion, the responsible party can be transferred to the owner when the contractors work is finished and the vegetated area has not been established.
- Erosion control plans would be required to be prepared and made available to the department, municipality, or designated inspection agency upon request.
- The plans are to show wells, surface waters, dispersal systems, property lines, areas of land disturbed, erosion control practices, and two-foot contour lines.
- Mandated practices include tracking pad or an equivalent practice, on-site storm water inlet protection, and drainage-way erosion control.
- Owners or their agents would be responsible for weekly monitoring of erosion control practices for maintenance.

The general feeling from the council members is that the rules add more specifications, which they feel will make compliance easier.

Next Meeting
Unless a special meeting of these Councils is needed, the next meeting will be scheduled for sometime this fall. Staff will notify members of the date well in advance of the meeting.

Commercial Building Code Council and Multifamily Dwelling Code Council Joint Meeting, Thursday, April 28, 2005, 9:30 a.m. to 12:30 p.m., Holiday Inn Madison East, 3841 East Washington Ave., Madison, Wisconsin

Attendance Commercial Building Code Council: Curt Hastings P; Janet Harter Ex; Joe Jameson P; Joe Jurkiewicz P ; Dave Keller P; Terry Kennedy P; Dennis Krutz P; David Lind P; Bill Napier P; Ed Ruckriegel P; Gary Ruhl P; Chris Rute P; Michael Shoys, Chair Ex; Russ Spahn A; Fred Stier P

Attendance Multifamily Dwelling Code Council: Jeffery Brohmer P; Emory Budzinski P; Bruce Fuerbringer P; Beth Gonnering, Chair P; Greta Hansen P; Edward Gray Ex; Jim Klett P; Harry Macco P; Dave Nitz P; Richard Paur P; William Rohr Ex; Kori Schneider A; Fred Stier P; Kevin Whipperfurth P.

Visitors: Jane Witt, Wisconsin Builders Association; Dan Gengler, National Fire Sprinkler Association; Jim Galbraith, National Fire Sprinkler Association; Scott Olsen, Madison Gas and Electric Company; Paul Coates, American Forest and Paper Association; Jim Boullion, Associated General Contractors; Dan Buttery, Argus Investment Inc.; Don Hynek, DOA, Division of Energy; Robert Schumacher, ASCE (Structural).

Department of Commerce Staff: Bob DuPont, Jim Smith, Diane Meredith, Jim Quast , Tom Kasper, Brian Ferris; Larry Swaziek

Welcome and Introductions
Beth Gonnering opened the meeting by welcoming both the Commercial Building Code Council (CBCC) and the Multifamily Dwelling Code Council (MDCC) members to the first combined meeting of the two groups and by requesting a round of introductions. Bob DuPont explained the purpose of having combined meetings of these Councils is to provide a way for the members to share ideas with each other and to provide a more efficient use of time for everyone since many of the agenda topics are the same for both Councils.

The progress report from the January 13, 2005 meeting of the CBCC was approved with a modification that the Fire Councils had not been appointed at that time in January. The progress report from the February 16, 2005 meeting of the MDCC was approved with the modification to remove the word “commercial” from the 4th paragraph on page four relating to the requirement for sprinklers in multifamily buildings under the 2003 IBC and the NFPA 5000.

Review of old business
Beth Gonnering explained a member of the Wisconsin Builders Association is concerned with the requirement relating to fire apparatus access, since it is increasing the paved areas on a site. Harry Macco expressed a concern over the increase in paved areas, which create problems with the stormwater management on a site and have resulted in increased charges for municipal stormwater utility service. Jim Quast explained that stormwater management may be achieved in numerous ways and each site would need to be evaluated independently. It seems the major concern with the fire apparatus access requirements is the way municipalities choose to charge owners for the costs associated with stormwater utility service. It was noted the code provides flexibility in stormwater management and local fees are not within this agency's control.

Division Updates
Jim Smith and Bob DuPont updated the members on the status of the following Division code projects:
- Comm 3, Petition for Variance Procedures: The stop-work/stop-use rule package is being prepared for public hearings in early June. This rule package will also include proposed requirements for petition for variance procedures to be used in other Divisions within the Department.
- Comm 5, Licenses, Certifications, and Registrations: The rule package, which related to general updates, was submitted for Legislative Review on April 25, 2005.
- Comm 14, Fire Prevention: The Fire Prevention Code Council is meeting and proposing to eliminate numerous Wisconsin modifications that are no longer necessary. It is anticipated that public hearings for these proposed rule changes will coincide with the hearings for the WCBC. Bob DuPont noted the Wisconsin Department of Justice looked at transferring the Fire Prevention program to that agency but it was decided that the program fits best under Commerce.
- Comm 16, Electrical Code: The primary purpose of the rule package is to update the rules by adopting the 2005 edition of the National Electrical Code, and these rules will not require arc fault interrupters. The rules are expected to be submitted for Legislative Committee review in May. It was also noted there is proposed legislation that would require the licensing of electrical installers. This bill may be drafted by the next meeting and additional information would be shared with the Councils.
- Comm 41, Boilers and Pressure Vessels: The rule package is a general update of the rules and a public hearing is scheduled for May 2, 2005.
- Comm 60, Soil Erosion: The Division is in the process of developing soil erosion requirements for commercial buildings as specified under s. 101.1205, Stats. and for one-and two-family dwellings as specified under s. 101.653, Stats.
- Comm 72, Abrasive Cleaning of Historic Buildings: In accordance with s. 101.128, Stats, a rule draft is being developed that would prohibit the use of certain cleaning materials and methods on qualified historic buildings. The rules will be shared with these Councils prior to holding public hearings.
- Comm 91, Sanitation Code: The rules relating to equal speed of access to toilets where the public congregates (500 or more people) have been referred to the Legislature for review

Specialty Council Updates
Energy Conservation Code
Jim Quast explained the Energy Conservation Code (ECC) Council has reviewed the modifications found under the current Comm 63 and is in the process of reviewing the 2004 ICC Supplement changes. Jim explained the IECC was substantially changed under the 2004 ICC Supplement and the low-rise residential requirements have been simplified. It is anticipated that most of the requirements under Comm 63, Subchapter III, will be eliminated since a new edition of ASHRAE 90.1 is referenced under the 2006 IECC and addresses the majority of these subjects.

There was a question concerning the application of the energy conservation requirements to existing buildings and it was noted that this topic will be discussed by the ECC Council and the Alteration and Change of Occupancy Code (ACOC) Council. Some members questioned the need to prohibit heated sidewalks since other methods to remove snow and ice may end up using more energy. However, staff noted this agency does not have the authority to change a statutory requirement, which is the case with the heated sidewalk prohibition.

Mechanical and Fuel Gas Code Council
Jim Quast explained the Mechanical and Fuel Gas Code Council has also reviewed the 2003 IMC and IFGC changes and the 2004 ICC Supplement changes. A meeting will be scheduled to discuss the ventilation requirements since this area has generated the most questions and issues. Jim noted that since Comm 41, Boiler and Pressure Vessel, does not cover hydronic piping, the members will need to reconsider these requirements.

Alteration and Change of Occupancy Code Council
Jim Quast indicated the ACOC Council has had just 2 meetings and they are just starting to review the requirements of the International Existing Building Code (IEBC) in more detail to see how these requirements coordinate with our current application of requirements for existing buildings. The IEBC contains requirements for repairs, various levels of alterations, change of occupancy, historic buildings and compliance alternatives. He explained any modification to the IEBC would become part of the WCBC but it has not been decided whether these modifications would be handled under a separate rule package.

Structural Code Council
Larry Swaziek presented material from the Structural Code Council and introduced Robert Schumacher, who is the chair of this Council. Larry explained that the members had reviewed and accepted changes in the 2003 IBC and 2004 ICC Supplement without substantive changes. Larry identified a number of recommended Wisconsin modifications proposed by the Council. The following are some of the key considerations:

- Comm 62.1608: Eliminate the Wisconsin alternate ground snow load Figure 62.16-1 and remove the allowance to use exposure factor of 1.0 in lieu of values in IBC Table 1608, and would incorporate an alternative methodology for determining unbalanced snow loads on gable and hip roofs.
- Comm 62.1614: Incorporate in the introduction to earthquake loads a list of those buildings that would be of Seismic Design Category A and would need to meet the shear design criteria for this category under IBC section 1616.4. Larry also noted the alternate seismic county line map would be removed, leaving the IBC spectral response acceleration maps for use. A number of members expressed their concern with the application of the seismic requirements and the additional costs to provide these design requirements. Larry indicated the Structural Code Council during their review of the 2006 IBC will be looking at the seismic requirements again, and any other recommendations would be passed on to the CBCC and the MDCC for review.

General Topic IBC Requirements
Jim Smith indicated the CBCC reviewed the various changes under the 2003 IBC and 2004 ICC Supplement relating to the general topic requirements and found no substantive changes. The following topic areas will be reviewed again when the 2004/2005 IBC changes are reviewed later this summer:
- Suggestion to include the number of toilet facilities at swimming pools under the WCBC rather than using a cross-reference to another code.
- Review research material on the size of ambulance stretchers and when they are required in buildings.

Means of Egress and Accessibility Requirements
Jim Smith explained the Means of Egress and Accessibility Code (MEAC) Council had reviewed the 2003 IBC and 2004 ICC Supplement changes relating to means of egress and accessibility requirements and found no substantive changes. Under Comm 62.1100 to 62.1110 relating to accessibility almost all of these requirements will be eliminated since these requirements are now part of the 2003 IBC. Jim also noted the 2003 IBC requirements relating to Fair Housing have been determined to provide a safe harbor design.

There are a few issues that will be discussed when the MEAC Council considers the 2004/2005 IBC changes. The following are a few of the issues that have been identified for discussion:
- Comm 62.1003 (6) and (7) relating to certain minimum door sizes
- Comm 62.1004 (1) relating to an exception for a means of egress through a stock room
- Comm 62.1005 (2) relating to an exception for a single exit from a guard tower
- Comm 62.1103 (5) relating to extra maneuvering space at R-2 bathing facilities to reach the controls

Fire Councils
Jim Smith indicated that the two Fire Councils have not been appointed yet but the appointment letters are due to go out any day and the first meeting of these Councils will be in early June.

General Discussion
Harry Macco asked for some clarification on a proposed legislative bill relating to the credentialing of elevator installers and how this would affect the elevator program. The proposed bill would credential elevator installers, which Wisconsin does not require. However, other portions of the legislation required that elevator inspectors be credentialed and that the national elevator standards be used in Wisconsin. Currently, Wisconsin requires elevator inspectors to be credentialed, and the ASME A17.1- National Elevator Stand and ASME A18.1National Standard for Platform Lifts are adopted by reference under chapter Comm 18. Staff members will monitor this proposed legislation and report back at the next meeting.

Bruce Fuerbringer provided the members with information on the typical size of ambulance stretchers, which is 80 inches long by 24-inches wide. He noted that motorized stretchers would be at least 83 inches long. It was explained the 2004 ICC Supplement requires the stretcher size elevator in buildings 4 or more stories in height to be sized to accommodate a stretcher that is 84 inches long by 24 inches wide. There was some discussion why buildings that are less than 4 stories in height would not be required to provide a stretcher size elevator and it was decided to discuss this when the 2004/2005 changes are reviewed for IBC chapter 30.

Next Meeting: The next meeting has been scheduled for Thursday, June 23, 2005, at the Holiday Inn Madison East, starting at 9:30 a.m.

Thursday, January 13, 2005, 9:45 a.m. to 11 a.m., UW-Madison Agricultural Research Station, 8502 Mineral Point Road, Madison, Wisconsin

Council Memeber Attendance (Present, Absent, Excused): Curt Hastings Ex; Janet Harter P; Joe Jameson P; Joe Jurkiewicz Ex; Dave Keller A; Terry Kennedy A; Dennis Krutz Ex; David Lind A; Bill Napier P; Ed Ruckriegel P; Gary Ruhl P; Chris Rute P; Michael Shoys – Chair P; Russ Spahn A; Fred Stier P

Department of Safety and Professional Services staff: Jim Smith, Bob DuPont, Diane Meredith, Jim Quast, Larry Swaziek

Mike Shoys opened the meeting with a review of the agenda, and the council accepted the meeting summary from the November 11, 2004 meeting with the modification to change the name of the We Energy Task Force as referenced on page 2 to WE Energies Building Code Collaborative.

Division updates
1. The miscellaneous update and fix-up package (MUFU) to chapters Comm 61-65 became effective on January 1, 2005. A copy of the revised code was distributed to the members. Jim Smith noted that there are training opportunities scheduled for February and March relating to these changes. The exact times and places may be found on the Division’s Web site. Please note that revisions to chapter Comm 70, Historic Building Code also became effective on January 1, 2005.

2. Jim explained the proposed rule draft to chapter Comm 16, Electrical Code, was sent to the council members via email on December 23, 2004 from Ron Acker. Jim indicated that if there were any questions or concerns on this rule draft, they should be directed to Joe Hertel, Program Manager, or Ron Acker, Code Consultant, for this project. Joe Jameson said that the Building Inspectors Association had the following concerns relating to the proposed revision in chapter Comm 16, and that he would also share these comments with Ron Acker:

- Comm 16.31 (NEC 312.5): Explained this change removes the wording “surface mounted” at is relates to flush mounted cabinets. Joe feels that for flush mounted cabinets, the raceway should be permitted from any side, not just the top.
- Comm 16.327 (NEC 334.10): Noted that the requirement for a “finish rating” was eliminated and by doing this creates potential problems with the installation of wiring in accessory buildings, such as barns and detached garages, to one-and two-family dwellings that do not have any drywall covering the wiring.

Recommendation: The council, by consensus, recommended that chapter Comm 16 relating to electrical construction should be forwarded for public hearings.

3. Bob DuPont provided the following information:
- The two new Fire-Related Specialty Code Councils are being appointed and the work of these councils will begin in the next few months.
- The replacement pages for the Wisconsin Enrolled Commercial Building Code (WECBC) are to be out sometime this spring. He also explained that the ICC organization would soon have the WECBC on their Web site for reviewing and downloading capabilities. This ICC decision to provide this on their Web site may have resulted from a federal Court decision in Texas that ruled once a state or municipality adopts a model code, the copyright restrictions do not apply. Bob noted that this federal Court decision would only apply to the federal Court district where the decision was made.
- The Uniform Dwelling Code, as of January 1, 2005, is being enforced in every community as required under s. 101.651, Stats. The law required that where communities do not have enforcement or inspection authority for one-and two-family dwellings, the state must provide the inspection services. The Department has contracted with 24 inspector groups to perform these inspection requests. Bob noted that the Insurance Services Organization (ISO) effectiveness rating for the UDC program is expected to be a number-2 with a number-1 rating being the highest. Bob explained there is no law requiring that local permits be issued for commercial buildings; however, he did note that plan submittals as specified in the WCBC are still required. The ISO effectiveness rating for the commercial building code program is a number-5.

- The Division of Safety and Buildings’ budget reduction proposal was distributed. Bob indicated the agency was asked to develop a plan for how it would reduce its budget by 10-percent spending authority and 10-percent staffing positions, if required to do so. The staffing positions in the Division of Safety and Buildings would need to be reduced by approximately 21 people. Most of these cuts would be in vacant positions.

Specialty Councils Reports

Structural Council
Larry Swaziek, Program Manager, discussed the progress of the Structural Code Council on the review of the 2003 edition of the International Building Code (IBC) and the subsequent changes in the 2004-2005 ICC Supplement, and he also distributed a membership list of the Structural Code Council. He explained that the council members had reviewed many of the chapters in the IBC, and he thought that this group would probably need a couple more meetings to finish the review of the changes. The proposed modifications would be compiled and presented to this council for review. He noted that it is the Structural Code Council’s goal to minimize the need for Wisconsin-based modifications, and the first review of the structural changes in the IBC have been accepted without modification. However, for those chapters reviewed so far, the council did recommend maintaining the current Wisconsin modifications in the next code update.

Larry indicated the Structural Code Council in its upcoming meetings would be reviewing IBC chapter 16, which may result in some Wisconsin modifications due to the subjects covered, such as the loading requirements. It was also asked of Larry whether there has been any discussion to eliminate the seismic requirements. Larry indicated that the question has come up but that he cannot report on any type of recommendation at this time since the council has not reviewed these requirements.

Energy, HVAC and Alteration/Change of Occupancy Code Councils
Jim Quast, Program Manager, reported that the Energy Conservation Code Council has had two meetings and they, too, are reviewing the 20003 edition of the International Energy Conservation Code (IECC) and the 2004-2005 ICC Supplement modifications. Currently, the council is concentrating on reviewing the Wisconsin-based modifications. Jim noted that many of the modifications contained in Comm 63, Subchapter III relating to the ASHRAE 90.1 standard can hopefully be eliminated since the newest edition of the ASHRAE 90.1 standard contains the current modifications.

Jim explained that the HVAC Code Council is also reviewing the changes in the 2003 edition of the International Mechanical Code and the International Fuel Gas Code and the 2004-2005 ICC Supplement material. This council is reviewing the need for certain Wisconsin-based modifications, such as mechanical ventilation.

The Alteration and Change of Occupancy Code (ACOC) Council will meet for the first time on January 26, 2005. Their goal will be to review the International Existing Building Code and to make recommendations of its use with the IBC. He did explain that the resulting rule proposals will have the same effective date as the proposed work of the other Specialty Councils, but it has not been determined if a separate rule package and public hearing will be held for this project. He also noted that the NFPA 5000, chapter 15 relating to Existing Buildings will also be reviewed with the council. The proposals from the ACOC council will be shared with this council for comments.

Report on Canopy Requirements

Jim Smith reported the reason for the IBC 2003 change to the aluminum thickness of canopies over pump islands is taking into consideration the structural strength of the plastic backing material and does not compromise or change the flame spread rating provision. He also noted that this change does not conflict with requirements specified under chapter Comm 10 relating to flammable and combustible liquids.

Miscellaneous Discussions
Ed Ruckriegal asked staff if this council could see the petitions that have been processed so they could see the equivalencies being established and also what would constitute a precedent-setting petition. It was suggested that reviewing these could tell whether a code requirement should be changed based on the number of petitions processed. Jim Smith indicated that this consideration already takes place when proposing rule changes but this information could be shared with this council. It was suggested to implement Ed’s suggestion starting with petitions processed in 2005.

Assignments: Report from Russ Spahn on the size of stretchers used in emergency situations will be deferred to the next meeting.

The next meeting has been scheduled for Thursday, March 10, 2005, at the UW Agricultural Research Station on Mineral Point Road in Verona, starting at 9:30 a.m.

Thursday, November 11, 2004, 9:30 a.m. - 12:15 p.m., UW-Madison Agricultural Research Station, 8502 Mineral Point Road, Madison, Wisconsin

Council member attendance: Curt Hastings P; Janet Harter P; Joe Jameson P; Joe Jurkiewicz P; Dave Keller P; Terry Kennedy (Alt. Norm Arendt P; Dennis Krutz P; David Lind P; Bill Napier P; Ed Ruckriegel P; Gary Ruhl P; Chris Rute P; Michael Shoys, Chair P; Russ Spahn P; Fred Stier P.

Guests: Bill Schomburg International Code Council; Paul Coates American Forest and Paper Association; Jim Galbraith National Fire Sprinkler Association; Curt Johnson Simpson Strong-Tie; Dan Gengler NFSA; Bill Babcock AIA Wisconsin; Don Hynek Wisconsin Division of Energy; Jim Boullion Associated General Contractors of Wisconsin.

Department of Safety and Professional Services Staff: Jim Smith, Bob DuPont, Diane Meredith

Mike Shoys opened the meeting with a round of introductions and a review of the agenda, and the council accepted the progress report from the June 21, 2004 meeting.

Division update
Miscellaneous Update Package (Comm 61 to 65)
The Department adopted this rule package and the anticipated effective date is January 1, 2005. A copy of the rules was distributed at the meeting. It was explained that the germane modification, which was acceptable to all concerned parties, would not require smoke and heat vents when a building is sprinklered. If a building is not sprinklered, smoke and heat vents may be required.

Historic and Existing Buildings (Comm 70 and Comm 62)
The Department adopted this rule package, which will also have an anticipated effective date of January 1, 2005. The three code sections under Comm 62 that were modified were distributed at the meeting. A question was raised as to why the sprinkler requirements only apply to the few instances specified in the new requirements. Staff explained that the sprinkler requirements under IBC chapter 9 apply only to new construction. It was also indicated that a new council is being formed to study requirements relating to existing buildings that are altered or changed in occupancy. This group could also consider sprinklering of other existing buildings that are altered or changed in occupancy based on their research of applicable model codes.

Specialty Councils
Jim Smith explained that the following specialty councils have started to meet to discuss the changes in their respective International Codes and their work and findings will be forwarded to this council for review:

- Means of Egress and Accessibility
- Energy
- HVAC
- Structural

Bob DuPont explained there are a number of outside energy committees that have made recommendations relating to the energy rules developed by the Department. The Governor's Energy Task Force has recommended that the energy code be updated on a 3-year cycle, which is feasible for the Department. Jim Quast is working with the We Energies Committee along with Mike Shoys and Fred Stier, and this committee researches the cost impacts and various technical energy requirements, which would be shared with the Department's energy council.

Review Summary of Changes to IBC General Topic Areas (IBC chs. 2-6, 12, 27, 29, 30, 33)
It was explained the summary sheets contain the changes made in the 2003 IBC, the changes in the 2004 ICC Supplement and the Wisconsin-based modifications. Any subsequent changes made at the ICC level will also be reviewed prior to adopting the 2006 edition of the IBC.

The members discussed the timeline for the adoption of the 2006 IBC and it was explained the tentative effective date would be July 2007.

Recommendation. The members recommended that the Department adopt the new ICC codes as soon as possible after they become available. The members felt the delayed effective date is not as important as it was with the first use and adoption of the model codes.

Jim Smith reviewed the summary sheets for the changes in the 2003 IBC and the 2004 ICC Supplement and the following subjects generated greater discussion:

- The police and fire station occupancy that was previously included under the "B" occupancy would be considered a mixed occupancy and would be classified based on the occupancies provided within the building.
- A question was raised as to whether Comm 10 contains requirements similar to the requirements in IBC section 406.5.2, Item 2. relating to canopies at motor vehicle service stations.
- Members discussed the number of toilets at swimming pools and it was suggested that it would be advantageous to have the requirements in one code rather than reprinting the material in the appendix or cross-referencing the reader to another code.
- The change relating to the increase in stretcher size as used under the elevator requirements was discussed. Some members indicated that the proposed 84-inch length for an ambulance-type stretcher might not be the size typically used by emergency personnel. It was also discussed that this requirement should be extended to elderly housing apartments (55 and over) based on response records. Russ Spahn offered to do research on the size of stretchers typically used in emergency situations.

The Wisconsin-based modifications were reviewed, and it was noted that the requirements based on the 2003 IBC will be deleted when the 2006 edition of the IBC is adopted.
Assignments

- Staff will discuss the canopy requirements under IBC section 406.5.2, Item 2. with the code consultant to the Comm 10 Council.
- Russ Spahn will research the size of stretchers used in emergency situations.

Next meeting
The next meeting has been scheduled for Thursday, January 13, 2005, UW Agricultural Research Station, 8502 Mineral Point Road, Madison, 9:30 a.m.

Monday, June 21, 2004, 9 a.m. - 11:15 a.m., J.H. Findorff & Son, Inc., Headquarters, 300 South Bedford Street, Madison, Wisconsin

Council Member Attendance:
Curt Hastings (Jim Boullion) P
Janet Harter P
Joe Jameson P
Joe Jurkiewicz P
Dave Keller * AE
Terry Kennedy ** PA
Dennis Krutz P
David Lind P
Bill Napier P
Ed Ruckriegel P
Gary Ruhl P
Chris Rute P
Michael Shoys - Chair P
Russ Spahn E
Fred Stier PP

Guests:
Bill Schomburg - International Code Council
Dave Wheaton - League of Wisconsin Municipalities
Jim Galbraith - National Fire Sprinkler Association
Burt Olcott - Integrity Fire Protection
Steve Klessig - Keller Inc.
Kevin Wentland - WSI
John Mielke - Associated Builders and Contractors of Wisconsin
Jim Boullion - Associated General Contractors of Wisconsin

Department of Commerce Staff:
Jim Smith
Bob DuPont
Jim Quast
Tom Kasper

Mike Shoys opened the meeting with a round of introductions and a review of the agenda, and the council accepted the progress report from the preceding, May 13, 2004 meeting.

Division update
Specialty Councils
Bob DuPont distributed tables for the two new specialty councils, fire protection systems and fire safety, that delineated the members and their respective organizations. Suggestions as to the makeup of these two councils may be forward to Bob DuPont or Jim Smith.

Meeting Schedule
Jim Smith also passed out a tentative schedule for the commercial building code council to meet regarding the next code update project. The schedule was established to discuss the various recommendations of the specialty councils.

Stop Work and Stop Use Orders
Bob DuPont informed the council that the department has issued a scope statement to develop rules for the issuance of stop work and stop use orders. One purpose for the issuance of stop work or stop use orders would be situations that posed an imminent risk to health or safety. The division will keep the council appraised as the rules develop.

Administrative Forfeitures
Bob also indicated that the division is interested in pursing statutorily another enforcement tool to address activities by unlicensed individuals. Instead of issuing citations which involves the judicial system initially, the division would prefer the ability to issue administrative forfeitures which are processed internally for the first steps. The department of natural resources currently has the ability to issue administrative forfeitures regarding safe water drinking violations.

Miscellaneous Proposed Code Changes Update
Jim Smith reviewed the material regarding two issues: duct and air transfer openings penetrating shaft enclosures, and corridor continuity. The potential code revision regarding the penetrations closely reflects an IBC supplemental revision for the 2006 edition. While the potential code revision for corridors clarifies an on-going IBC area of discussion as to the intent of the corridors. The council recommended that these two additional code revisions should be incorporated into the code update package that is to be forwarded to the legislature for standing committee review.

Smoke and Heat Vents
Jim Smith briefly summarized the documents that he had prepared on the subject. T he materials included a narrative on the history and complexity of IBC section 910, a summarization of Minnesota and Michigan code requirements, guidance for designing smoke vents with sprinklers taken from the SFPE Handbook of Fire Protection Engineering, as well as, potential code language creating a Wisconsin modification to section 910. Several guests in attendance still advocated the elimination of smoke and heat vents when the building is protected by an automatic fire sprinkler system, claiming that insurance companies will not provide coverage for the situation and that the expertise or experience is lacking for fire chiefs evaluating petitions for variance on the matter. The council made three recommendations:
1. that the code language offered by the division be modified slightly to permit the fire code official waive or "vary" the smoke and heat vent requirements and eliminate condition number 3 which was deemed to be redundant and unnecessary.
2. that the modified provision be incorporated into the code update package that is to be forwarded to the legislature for standing committee review.
3. that the issue be further researched and discussed by the two fire specialty councils for the forth coming general code update.

Alternative Product Approval Process
Jim Smith presented code information on the product approval process. To address a concern that it is unclear that this process may be used to recognize the compliance of designs, including entire buildings, the division will explore creating a definition for "product" and will involve the council in the development at future meetings.

Next meeting The next meeting has been tentatively scheduled for Thursday, November 11, 2004, at the same location and time. The next meeting's agenda items will focus on the issues for the general code update project.

Meeting Summary, May 13, 2004

Thursday, May 13, 2004, 9 a.m. - 12:30 p.m., Findorff & Son headquarters, 300 South Bedford Street, Madison, Wisconsin

Council Members Attendance:
Curt Hastings (Jim Boullion) P
Janet Harter A
Joe Jameson P
Joe Jurkiewicz P
Dave Keller * AE
Terry Kennedy ** PA
Dennis Krutz E
David Lind P
Bill Napier P
Ed Ruckriegel P
Gary Ruhl E
Chris Rute P
Michael Shoys - Chair P
Russ Spahn P
Fred Stier PP

Guests
Bill Babcock - American Institute of Architects-Wisconsin Society
John Eagon - Premium Planview
Bill Schomburg - International Code Council
David Soens - Wisconsin Department of Health and Family Services
Dave Wheaton - League of Wisconsin Municipalities
Paul Sachs - North Central Piping Co.
John Mielke - ABC of Wisconsin
Steve Klessig - Keller, Inc.
Burt Olcott - Integrity Fire Protection
Tony Driessen - Quarles & Brady, LLP
Jim Galbraith - National Fire Sprinkler Association
Jim Boullion - AGC of Wisconsin Department of Safety and Professional Services
Jeremy Harrell - The Daily Reporter
Don Hynek - Department of Administration, Division of Energy
David Koenig - Wisconsin Burglar and Fire Alarm
John Mielke - Associated Builders and Contractors of Wisconsin
Bob Stedman - Department of Safety and Professional Services, Fire Safety Code Council

Department of Safety and Professional Services Staff:
Jim Smith
Bob DuPont
Tom Kasper
Diane Meredith

Mike Shoys opened the meeting with a round of introductions and a review of the agenda, and the council accepted the progress report from the preceding, November 13, 2003 meeting.

Safety and Buildings Division code update

Program Updates
Jim Smith explained the Division has training sessions relating to building inspector certification scheduled in La Crosse and in Oshkosh. There have been requests to do this training in Rice Lake and it is hoped this session could be arranged for sometime this year. The Division hopes to start concentrating on the auditing of the certified municipalities in the near future.

Jim appraised the group of the following code updates:

Comm 18, Elevators, escalators and lift devices - adopted and effective 4/01/04

Comm 5, Credentials - adopted with a delayed effective date of 8/01/04

Comm 82, Plumbing - public hearing scheduled for May 19, 2004 (package mailed separately)

Comm 70, Historic Buildings - public hearing draft scheduled for June 7, 2004

Comm 72, Abrasive Cleaning of Historic Buildings - scope statement published in Wisconsin Administrative Register, May 15, 2004

Comm 61-65, Commercial Building Code - scope statement published in the Wisconsin Administrative Register, May 15, 2004

Comm 40, Gas Systems - preparing public hearing draft

Jim explained that all of the Division codes are available for review on our web site and also noted that persons interested in receiving information on our code projects or codes may sign up for email information on any of the various code subject areas. The web sites are as follows:

Division web site for code information:
http://dsps.wi.gov/SB/SB-DivCodes.html

Division web address to sign up for email information:
http://dsps.wi.gov/SB/SB-DivEmailSignup.html

Division Updates

Bob DuPont indicated there was a recent reorganization within the Division, which impacted the code development staff. Sam Rockweiler was transferred to the Environmental and Regulatory Services Division as a code consultant but will work with the code councils relating to fire protection and fire safety. Two other code consultants were transferred to the Integrated Services Bureau to do program functions. Two code consultant positions are retained within the Division. Diane Meredith will be assuming Sam's responsibilities for working with the Commercial Building Code Council (CBCC).

Bob also reported that the Secretary of the Department authorized the addition of two fire service representatives to the CBCC and also approved the creation of two new specialty councils. The fire protection systems council will work on active fire protection subjects, and the fire safety council will work on passive fire protection subjects. He also noted that a detailed comparison of the National Fire Protection Association (NFPA) building code to the International Code Council's (ICC) codes would not be done. The Secretary of the Department feels the state has been well served by the adoption and implementation of the ICC suite of building codes and the Division will continue to use these codes for the next code update.

Discussion of CBCC membership

The council membership representation was discussed and questions were raised if the additional fire service members would put the council out of balance with other represented industries or organizations. The current membership of the CBCC was also discussed to identify the groups represented. After considerable discussion, the following motions were made on this issue:

A motion was made and seconded to recommend to the Department Secretary that an equal representation among the industries on the CBCC be maintained. The motion passed.

A motion was made and seconded to recommend to the Department Secretary that anyone not representing a statewide organization should not be a member of the CBCC. The motion was defeated.

Commercial Building Code Update

The scope statement for updating the Wisconsin Commercial Building Code (WCBC) will appear in the May 15, 2004 register. After final approval is received from the Department Secretary, the Division could begin the work on reviewing the 2003 and 2006 codes, and it is anticipated that the 2006 edition of the ICC codes will be adopted. The planned effective date for the new code is July 1, 2007. The final rules would need to be submitted to the Legislature before September 1, 2006. It was also explained that chapter Comm 14 was included in the scope statement only to address those items that may affect a maintenance issue covered under that chapter. The Division will work closely with the Division of Environmental and Regulatory Services and the Comm 14 advisory council to coordinate such code changes in Comm 14.

It is felt the building code update process should require less time with the specialty councils for this code review since only the major changes to the ICC codes will need to be reviewed. A handout was distributed showing the staff members in the Division who would be working on each code. It was also explained the International Existing Building Code (IEBC) will be reviewed for potential use with existing buildings as well as historic buildings. Jim Smith asked whether the CBCC would consider acting as a specialty council for the general building code chapters again for this code update. The members by general consensus agreed to assist in this review.

Summary of changes to the public hearing package on changes to the WCBC

Jim Smith reviewed a document containing the summary of public hearing comments, and indicated the anticipated effective date for this rule package should be sometime in early 2005. Any rule changes proposed through the Comm 70 and Comm 62-rule package relating to historic and existing buildings would also be coordinated with this proposed rule package for the same effective date.

The following major issues were discussed:

Comm 61.03 (10) (a) 4. - A question was raised as to whether a code commentary would be developed to further explain the application of the codes to existing buildings that are changed in occupancy, or would a code change be necessary. It was pointed out that the position of this council has been to minimize the code changes to the ICC codes for consistency, and it is the Division's position to not prepare a code commentary, however, the Division will prepare, where necessary, simple question/answer to issues that need clarification. The question/answer format is already on the Division's web site.

Comm 61.30 (4) - A comment was received relating to the exclusion of plans for minor alterations to a building and the concern raised was that no one would review the plans. The code requirement relies on the local authorities to determine whether minor alterations would require plan submittal. It was clarified that the exclusion of plan review does not absolve the owner from compliance with the building code and the requirement is proposed to eliminate unnecessary submittal of plans.

Comm 62.0910 - Several comments were received relating to the requirements that smoke and heat vents, and curtain boards are to be used under certain circumstances in buildings and portions of buildings used as Group F-1 or S-1 occupancies. Steve Klessig from Keller Builders addressed the council with concerns that these requirements do not provide the needed safety in a building during a fire emergency. He feels these requirements were only meant to be installed when a building does not have an automatic sprinkler system. He understands that these requirements are in the IBC and, nationally, the ICC committees have tried to respond to this issue by requiring quick response heads. However, he feels this approach will not work in many areas. He also noted that to comply with this requirement is very costly.

Jim Smith explained the Division has proposed changes to the language in the public hearing draft to permit the fire code official to waive any or all of the requirements of Comm 62.0910 if the following conditions are met:

The building must be equipped with a complete automatic fire sprinkler system in accordance with IBC section 903.3.1.1.

The fire protection design engineer must determine whether the installation of the smoke and heat vents, or curtain boards, in accordance with this section or the International Fire Code (IFC), would adversely affect the overall fire safety of the building.

The fire code official must agree that the installation of the smoke or heat vents, or curtain boards, in accordance with the IFC would be detrimental or not helpful to fire fighting efforts.

The council members representing the fire service felt that this proposal may be difficult for many local fire departments that rely on volunteer firefighters to assume the responsibility for determining the use of the heat and smoke vents, or curtain boards. Other members suggested that the fire departments could recommend that smoke and heat vents be either manual or automatic based on the building design and occupancy rather than eliminating the requirement from the code.

It was discussed that the ICC committees have discussed this issue at the national level but the requirement has not been eliminated from the code. Jim Smith noted that the proposed code language change was to eliminate the need for submittal of petition for variances to the current requirement. It was suggested that staff obtain information from the ICC committees on the background and justification for maintaining the smoke and heat vent, and curtain board requirements. Bill Schomburg from the ICC has offered to obtain this information and will work with Jim Smith.

A motion was made and seconded to recommend that the Division reconsider their response and proposal to Comm 62.0910 based on the concerns raised at the meeting. The motion passed.

Summary of post-hearing changes to the WCBC

Jim Smith went over the other proposed post-hearing changes to the draft. It was explained the changes to the accessibility requirements were based on changes already moving forward in the 2006-code draft, and the other changes included minor wording modifications or clarifications. The following 3 code sections were created:

• Comm 62.0202 (1) (b) will include the definition of "high-piled combustible storage."
• Comm 62.0711 will include the 2003 IBC requirements for electrical outlet boxes on opposite sides of a firewall, fire barrier, smoke barrier wall, or fire partition.
• Comm 62.1603 (1) will require construction plans to show any sloped-roof snow loads or any unbalanced, drift, or sliding snow loads.

A motion was made and seconded to advance the proposed public hearing package with the proposed amendments to the Legislature for review. The motion passed.

Product Approval Process

Jim Smith presented information on the product approval process. There is still concern from some members that this process may be used on entire buildings, or that a product, such as a jump platform, may be used in lieu of a required exit. It was suggested that this topic be part of the agenda for the next meeting.

Next meeting

The next meeting has been scheduled for Monday, June 21, 2004, at the same location and time.

The next meeting's agenda items will include discussion of the heat and smoke vent issue and the discussion of the product approval process.

*******************************************************

Wednesday, November 13, 2003, 9 a.m. - 12 p.m., J.H. Findorff & Son, Inc., Headquarters, 300 South Bedford Street, Madison, Wisconsin

Council Member Attendance (P=Present, A=Absent, E=Excused):
Curt Hastings P
Joe Jameson P
Joe Jurkiewicz P
David Kakatsch P
Dave Keller A
Terry Kennedy P
Dennis Krutz E
Lynn Lauersdorf P
Ed Ruckriegel P
Gary Ruhl P
Michael Shoys - Chair P
Janet Harter P
Fred Stier P

Guests:
Bill Babcock - American Institute of Architects-Wisconsin Society
John Eagon - Premium Planview
Bill Schomburg - International Code Council
David Soens - Wisconsin Department of Health and Family Services
Dave Wheaton - League of Wisconsin Municipalities

Department of Safety and Professional Services Staff:
Lynita Docken P
Tom Kasper P
Sam Rockweiler P
Jim Smith P
Kimberly Walker P

Mike Shoys opened the meeting with a round of introductions and a review of the agenda, and the Council accepted the progress report from the preceding, September 11^th meeting.

Safety and Buildings Division code update
Public Swimming Pools
Lynita Docken distributed and discussed a preliminary public hearing draft for changes to Wisconsin's Public Swimming Pool Code - chapter Comm 90. Lynita explained that the major changes include creating rules for water parks and other water attractions, as primarily derived from the National Spa and Pool Institutes's Standard for Aquatic Recreation Facilities. According to Lynita, the standard is not being officially adopted by reference, but, with permission, is being used as a base code, with various modifications for application in Wisconsin.

Lynita explained that other changes to the Pool Code include creating rules for slides and other play features installed in pools or water parks; along with updating the remainder of the Code to achieve consistency with the newly created rules, or with corresponding criteria in Wisconsin's uniform Plumbing Code - chapters Comm 81 to 87 - and corresponding criteria in Wisconsin's Commercial Building Code - chapters Comm 61 to 65.

In response to a request from Terry Kennedy, Lynita listed the members and the represented organizations on the Department's pool advisory council. Mike Shoys asked whether any of the proposed changes are likely to be controversial. Lynita responded that some concerns might arise from the included requirements for lifeguards or separated pool basins, and further changes may be needed to resolve air quality problems in some indoor pools.

A motion was made by Joe Jameson, seconded by Ed Ruckriegel, and passed unanimously to advance the proposed rules to public hearings.

Plumbing Code
Lynita distributed and discussed a preliminary public hearing draft for changes to the Plumbing Code. Lynita explained that the major changes include substantially expanding the rules for stormwater control, which is being proposed in conjunction with corresponding, post-construction stormwater management requirements from the Wisconsin Department of Natural Resources that will become effective on October 1, 2004, in chapter NR 151.

In summarizing the proposed rules, Lynita noted they would apply where more than 1 acre is disturbed during construction and a plumbing system is chosen for complying with the NR 151 requirements. The rules define the design storm event and the associated sizing criteria for the conveyance, detention, and disposal components; and include infiltration parameters for corresponding soil characteristics, or regulated reuse of the water as an alternative to infiltration. Similar details are included for conveyance and disposal of clearwater. Plan submittal and review requirements are also included, along with operation and maintenance criteria, particularly for control of disease-transmitting vectors.

Mike Shoys recommended expanding the included analysis of the rule changes, to explain how the proposed rules differ from the current stormwater rules. Terry Kennedy asked whether the stormwater changes were coordinated with the DNR, and Lynita noted the agency was represented on a workgroup for the Department's stormwater advisory council. Terry asked whether monitoring would be required to verify compliance with the included requirement to reduce suspended-solids concentrations by 80 percent, and whether submittal of maintenance reports would be required. Lynita responded that neither maintenance submittals nor monitoring are included in the proposed rules. Terry commented that the included criteria for inlet grates may result in excessive clogging of grates, which can result in entrapment from suction.

Mike asked whether the proposed changes would have significant cost or other negative impacts. Terry commented the changes would provide substantial, beneficial guidance for complying with the NR 151 requirements, and will have some impacts, but probably not as substantial as the impacts that occurred when the federal threshold for implementing soil erosion control practices was reduced from disturbing 5 acres to disturbing 1 acre.

A motion was made by Terry Kennedy, seconded by Gary Ruhl, and passed unanimously, to advance the proposed rules to public hearings.

Comparison of ICC and NFPA code suites
Kimberly Walker reported that the Wisconsin fire service has asked the Safety and Buildings Division and the Environmental and Regulatory Services Division to compare the 2003 building code suite produced by the International Code Council to the 2003 building code suite produced by the National Fire Protection Association, and has reminded the Divisions that during Wisconsin's adoption of the 2000 ICC code suite, the Department had agreed to compare the two suites when the NFPA suite became available.

According to Kimberly, the Division has also received many letters and telephone calls requesting cancellation of the comparison. In reaction to the requests, Kimberly indicated the Division is asking the fire service what their expectation is for the comparison, such as whether the outcome could be to completely switch over to the NFPA suite, or whether instead, any individual NFPA features which appear desirable could be considered for adoption in Wisconsin.

Janet Harter commented that the National Fire Sprinkler Association and the State of California have already compared the two suites and produced reports that could be reviewed. Mike Shoys commented the Council could chose to not take any action on the comparison, or could reiterate its support for the preceding adoption of the ICC code suite. Ed Ruckriegel commented that the adoption of the 2000 ICC suite was based on a commitment from the Department to the fire service, and he recommended that the Council not inject itself into that commitment. Lynn Lauersdorf asked what the Department's intent is on whether to move toward replacing the 2000 ICC suite with the 2003 ICC suite, and Jim Smith said that movement is on hold, pending the outcome of the comparison issue.

Miscellaneous updates and fix ups for the Commercial Building Code
In reference to a November 7, 2003, preliminary public hearing draft that was transmitted with the meeting agenda in advance of the meeting, Sam Rockweiler explained that a substantial number of minor updates and corrections are being developed for the Commercial Building Code. According to Sam, the rule changes would (1) update the Code to reflect many of the improvements developed by the ICC for the 2003 and 2006 editions of the relevant ICC codes; (2) codify the approvals the Department has issued for alternate design methods and standards, subsequent to the July 1, 2002, effective date of the Code; and (3) accommodate numerous editorial corrections and clarifications that should somewhat simplify compliance with the Code. Sam distributed additional rule changes that had been developed after the November 7 draft, along with a summary of further changes that were planned but not yet drafted.

In discussing the proposed rule changes, Sam focused on the detailed summaries in the corresponding, introductory analyses in the November 7 and post-November 7 drafts, and directed attention to the changes that would be Wisconsin modifications of the ICC codes.

Ed Ruckriegel disagreed with the proposed Wisconsin expansion of the types of stories that are permitted to have only one exit, which would result in allowing a single exit for stories in a multifamily dwelling that have rescue platforms and other means-of-egress features complying with a recent product approval from the Department. Ed explained that he supports the allowance in IBC Section 1005.2.1 for having only one exit in certain, small buildings with short exit distances, but is not convinced that one exit is enough in larger buildings with short exit distances. Ed indicated that the Department should instead advance the proposal through the ICC code revision process.

David Kakatsch agreed that the single-exit proposal should be forwarded to the ICC process. Terry Kennedy noted that the corresponding product approval did not receive input from a fire department, as would have occurred if the approval had been issued through a petition for variance. Fred Steir commented that the Wisconsin practice of using rescue platforms in individual dwelling units has in some cases produced better results than relying on a second stairwell in a small, common area. Fred described an incident where the rescue platforms became essential after a couch that was ignited from smoking within a unit was pushed into a common area and then filled the common area with smoke. David Kakatsch agreed that the platforms have been helpful, and questioned whether the limits in the proposal should be modified, such as by specifying the maximum number of people that can be served, or by setting a maximum size for the building. Terry indicated agreement for the rescue-platform concept, but also recommended establishing further details.

A motion was made by Ed Ruckriegel, seconded by Terry Kennedy, and passed unanimously (with Dave Wheaton voting for Joe Jameson) to delete the expanded, single-exit proposal, as currently worded, from the public hearing draft.

Ed also disagreed with the proposed Wisconsin expansion of where sprinkler systems can be omitted for enclosed parking garages, which would result in not requiring sprinklers for fire apparatus and fire department vehicles that are parked beneath fire stations, unless the sprinklers are needed there because of the area and height limits in IBC Chapter 5, for the corresponding class of construction.

A motion was made by Ed Ruckriegel, seconded by Janet Harter, and passed unanimously (with Dave Wheaton voting for Joe Jameson) to delete the expanded sprinkler-exemption proposal from the public hearing draft.

A motion was made by Lynn Lauersdorf, seconded by Curt Hastings, and passed unanimously (with Dave Wheaton voting for Joe Jameson) to advance the proposed rule changes to public hearings, after deleting the expanded single-exit and sprinkler-exemption proposals.

Miscellaneous topics
Mike Shoys reported that he and Fred Steir had been invited to join a non-Departmental, Wisconsin-based Energy Building Code Council which is expected to study current and upcoming lighting and energy needs. Joe Jurkiewicz also reported being invited to join.

Next meeting
The next meeting was tentatively scheduled for March 11, 2004, at the same location and time. Ed Ruckriegel asked that the agenda include further discussion of the Department's product-approval process.

Submitted by Sam Rockweiler, code consultant to the Council

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