Safety and Buildings Division Multifamily Dwelling Code Council Meeting Summaries 

Joint Meeting of 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 “commercialâ€Â? 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.

Wednesday, February 16, 2005, 9:30 a.m., UW-Madison Research Station, 8502 Mineral Point Road, Verona, Wisconsin

Council Member Attendance: Jeffery Brohmer P; Emory Budzinski P; Bruce Fuerbringer P; Beth Gonnering, Chairperson P; Greta Hansen P; Edward Gray P; Jim Klett P; Harry Macco, (Alternate, Jane Witt) P; Dave Nitz P; Richard Paur P; William Roehr Ex; Kori Schreider P; Fred Stier P; Kevin Wipperfurth Ex.

Guests: Don Hynek, state Department of Administration , Division of Energy

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

Beth Gonnering opened the meeting with a round of introductions. The Council accepted the agenda, and the progress report from the preceding meeting held on September 16, 2004.
Election of Chairperson: Beth Gonnering was reelected as chairperson by unanimous vote, and Richard Paur was reelected as vice chairperson by unanimous vote.

Each member was given a copy of chapters Comm 61 to 65, which contain the revisions proposed under the miscellaneous update package. These changes became effective January 1, 2005. Jim Quast explained that insert pages containing the codes that have been modified are available on the Web site for use with the Wisconsin Enrolled Commercial Building Code (WECBC). He also noted that the Wisconsin Enrolled Code is available for viewing under the International Code Council’s (ICC) Web site, which is www.iccsafe.org.

Bob DuPont explained that the ICC decision to provide state’s enrolled code versions on their Web site may have resulted from a federal court decision. A Texas court 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. It was also explained that each council member would be given a copy of the WECBC, including the replacement pages. Bob also felt the cost of the next cycle of the WECBC might go down in price because the code development time will be reduced from the first adoption process.

Bob DuPont explained that the Commercial Building Code Council (CBCC) has suggested that the next cycle for adoption of the 2006 ICC codes have a shorter lead-time for the effective date. He indicated the agency is looking at possibly a March 2007 or a July 2007 effective date of the WCBC. It was discussed that most multifamily builders would support a longer lead-time for the effective date of the rules so members could be trained. It was noted that the inspector training sessions have been scheduled earlier and adequate training could be possible before a March or April effective date.

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. Jane Witt noted the policy that prohibits an electrical utility from energizing a one-or two-family dwelling until it has been inspected has been a very positive result of the legislation. She also noted that the Wisconsin Builders Association has trained approximately 1700 people.

Bob DuPont 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.

Bob indicated that there are several legislative initiatives concerning licensing, including those for mandatory licensing of electricians, elevator installers and propane suppliers. There is also a concept for registering all contractors to address concerns about workers compensation, workers unemployment and tax payments as independent contractor situations. There is also a proposal, which would require certification and competency testing for individuals involved in 2 or more categories of certain disciplines, such as carpentry, painting, insulation or roofing.

Bob explained the division would like to propose that this council and the Commercial Building Code Council have joint meetings. We have noticed that the agendas for both of these Councils are very similar and that we spend time discussing the same issues at each council’s respective meeting, so we feel it might be more efficient and productive to meet together. Bob DuPont discussed this idea with Mike Shoys, chairperson for the CBCC and Beth Gonnering. They both felt that it would provide for a good exchange of ideas, and they would be in favor of having joint meetings. Bob explained that Jim Smith would be assigned as the program manager for this joint meeting of these councils because Jim Quast is assuming other additional duties. The MDCC members were agreeable to the proposal and a number of the members indicated that Thursdays might be a better meeting day, so the agency will contact the CBCC to ask them which day of the week would work best for them. We would like to schedule the next meeting of the CBCC and MDCC in April. We would then schedule the meetings every 2 months. Staff members will arrange for a meeting site closer to the east side of Madison and will notify the members of the date and site.

Update on Related Safety and Buildings Division Projects
Jim Quast explained the proposed rule draft to chapter Comm 16, Electrical Code, was sent to this council via email on December 23, 2004 from Ron Acker. Jim indicated the CBCC recommended the rules go forward for public hearing, which is scheduled for February 28, 2005. The hearing draft is also available on the division’s Web site. If you have any questions on the rule draft, they can be directed to Joe Hertel, program manager, or Ron Acker, code consultant, for this project.

Jim noted that the Boiler Code Council will begin it’s work to update chapter Comm 41 by adopting the next edition of the ASME Boiler and Pressure Vessel Code.

The soil erosion requirements for building construction sites are being reviewed with a proposal to create chapter Comm 60 for these requirements. The current rules will be modified to be more consistent with the Department of Natural Resources rules DNR 151.

Various specialty councils are continuing their work for the future adoption of the 2006 ICC codes.

The Energy Conservation Code Council has been reviewing the 2004 Supplement to International Energy Conservation Code (IECC), which simplified the current requirements relating to low-rise residential buildings by limiting the options for compliance. The council members will discuss lighting issues at their next meeting.

The HVAC Council will discuss natural ventilation and dampering issues in their upcoming meeting.

The Alteration and Change of Occupancy Council had its’ first meeting in January and they will be reviewing the International Existing Buildings Code (IEBC) for possible adoption of the 2006 edition, which coordinates with the 2006 edition of the IBC. Jim Quast explained that it is the intent of the division to use the IEBC with the IBC; however, the ACOC group will also review chapter 15 of NFPA 5000 relating to existing buildings. The IEBC also includes requirements for historic buildings and it might be possible to eliminate chapter Comm 70 relating to historic buildings and include any modifications to the historic requirements within the IEBC.

There are two fire councils that will start meeting this spring. One council will review the fire protection systems in a building and the other council will review the fire-resistance rated construction requirements. Jim Quast noted that both the 2003 IBC and the NFPA 5000 standard require sprinklers in all new multifamily buildings. It was explained the IBC does not cover townhouse designs, which are typically separate dwelling units that could be one or two stories in height and contain separate entrances and exits. These type units are covered under the International Residential Code (IRC) and are not considered commercial buildings under the ICC codes. However, by current Wisconsin statutes, townhouse designs are considered commercial buildings and would be reviewed under the WCBC. There was a suggestion to review other surrounding state codes relating to townhouse designs and sprinklering triggers for these type buildings.

Jim Quast reported that the Structural Council has proposed to maintain the Wisconsin modifications relating to unbalanced loads, the empirical design for masonry, and the seismic design requirements.

Fire Apparatus Access
The members reviewed the information provided by Pat Murphy relating to fire apparatus access. They discussed the difference between the current code, which required a fire lane to extend within 150 feet of all portions of the building or facility and the previous code, which required the fire lane to extend within a 300 feet distance. Pat explained in his letter that the current code requires more hard surface areas than previously required, which creates storm water management problems and is more expensive for compliance. It was discussed that the local fire departments have the authority by rule to allow an increase in the distance or can recommend an alternative for site conditions. A number of members noted that working directly with the local fire departments has worked quite well for them on specific projects. However, it was suggested that the new fire councils and the Comm 14 Council look at this topic for their suggestions.

Next meeting: The next meeting of this council will be as a joint meeting with the CBCC. The meeting will be held in April and members and interested parties will notified of the meeting date, time, and location.

Thursday, September 16, 2004, 9 a.m. to Noon, Department of Revenue, 2135 Rimrock Road, Room 125, Madison, Wisconsin

Council Member Attendance: Jeffery Brohmer - Present; Emory - Present; Bruce - Present; Beth Gonnering (Jane Witt, Alt.) - Present; Edward Gray – Excused; Jim Klett - Present; Harry Macco (Rodney Stauffacher, Alt - Present; Dave - Present; Richard - Present; William - Present; Kori - Present; Fred Stier - Present

Guests: Lisa Roys, Ruder Ware; Bill Babcock, AIA Wisconsin; Robin Lecoanet. Legislative Audit Bureau

Staff; Jim Quast, Bob DuPont, Diane Meredith, Tom Kasper

Welcome and Introductions: Jim Quast opened the meeting with a round of introductions. Three new members are joining the Council representing public (fair housing), wood industry, and fire service. The Council accepted the agenda, and the progress report from the preceding, December 3, 2003 meeting.

Council Manual and Election of Chairperson: The Advisory Council Manual was distributed and reviewed. Beth Gonnering was reelected as chairperson by unanimous consensus, and Richard Paur was elected as vice chairperson by unanimous consensus.
Update on related Safety and Buildings Division projects
Miscellaneous Update Package (Comm 61 to 65)
The standing committees in the Legislature are reviewing the miscellaneous rule changes and updates to Comm 61 to 65, the Wisconsin Commercial Building Code (WCBC). One of the standing committees has extended the review period for another 30-days. The extension was requested due to concerns about the proposed rule changes relating to smoke and heat vents. These current updates should be effective early next year, and replacement pages for Wisconsin Enrolled Code will also be available.

Historic Building Code Updates (Comm 70 and Comm 62)
The changes for the Historic Buildings Code, chapter Comm 70, are being reviewed by standing committees in the Legislature. The rules include editorial changes, modifications to the fire sprinkler systems, elevators, and standpipes, in high-rise residential occupancies; and on changes in use to A-2 occupancies, such as nightclubs. The 30-day legislative review period will end on September 24, 2004. If there is no objection or request an extension, the agency may adopt these rule changes. It is proposed that these changes will have the same effective date as the Miscellaneous Update Package to WCBC.

Comparison of ICC and NFPA code suites
Bob DuPont noted that the preliminary comparison review of the 2003 building code suite produced by the International Code Council® to the 2003 building code suite produced by the National Fire Protection Association showed that the basic elements between these codes are very similar. The Department has decided to continue to use the ICC suite of building codes and NFPA 1 as the fire prevention code so a detailed analysis between the two model code suites will not be prepared.

Plumbing Code and Pool Code
Proposed changes to Wisconsin’s Uniform Plumbing Code – chapters Comm 81 to 87 have been submitted to the standing committees in the Legislature for review. The major changes include substantially expanding the rules for storm water control, which is being proposed in conjunction with corresponding, post-construction storm water management requirements from the Wisconsin Department of Natural Resources, which will become effective on October 1, 2004, in chapter NR 151.

The rules 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 DNR rules apply to any building where more than 1 acre of land is disturbed, including a one-or two-family dwelling.

It was also noted that rule change package to Wisconsin’s Public Swimming Pool Code – chapter Comm 90 has also submitted for to the Legislature for review.

Administrative Forfeitures
The Division is considering seeking the statutory ability permitting the Division to assess forfeitures for violation of licensing, certification or registration provisions. The forfeiture amount will depend on the severity of the violation and the money collected will go into the school fund.

Stop Work/Stop Use Rules
The Department does not have clearly written rules that authorize the agency to stop work or red tag an unsafe condition found in the field. The Division is working on establishing rules, which would give the Department the ability to follow through and stop the use or work on unsafe conditions in a timely manner. Many local municipalities already have the authority to stop work through local ordinances. Once proposed rules are developed they will be shared with the Council.

Uniform Dwelling Code/Home Safety Act
New legislation mandates that any new one-and two-family dwelling constructed in municipalities with a population under 2500 must be inspected. Either the municipality or the Department must perform these inspections. Since the mandate did not authorize any positions to perform the work, the Division is planning on contracting with private inspection groups to perform this service.

Legislative Audit Bureau Update: Robin Lecoanet, Senior Legislative Analyst, from the Legislative Audit Bureau addressed the Council by explaining that the legislation that directed the Department to develop, implement and enforce a uniform statewide multifamily housing code, also directed the Legislative Audit Bureau to provide periodic performance audits of the program. The last evaluation was performed in 1997 and the report was made available to the members. She indicated that another audit is underway and she distributed questions that would assist her in the evaluation. The members were asked to respond within the next few weeks and that the report should be available in 6 to 8 weeks.

Building Code Project Updates: Jim Quast indicated the Division has started the process to consider the adoption of the 2006 edition of the International Building Codes by reviewing the major changes included under the 2003 edition of these codes and the subsequent changes included in the 2004 ICC Supplement. It was noted that two new specialty councils relating to fire protection and fire safety have been added to our existing specialty councils. The specialty councils will be doing their work this fall and early winter, and the umbrella councils will start their review early next year. The anticipated effective date for the updating the WCBC to the 2006 edition of the international codes is July 2007.

Jim explained that the initial reviews of the new international codes showed few substantive changes that would relate to multifamily housing except for the requirement that all R-2 occupancies, regardless of the number of units, are to be sprinklered. He also noted that the NFPA Building Codes require these buildings to be sprinklered, regardless of the number of units. He suggested the members discuss this topic with their organizations so any issues or concerns can be reviewed at future meetings. Other neighboring states may be adopting these updated international codes and it may be beneficial to monitor their final rules on this topic.

Next meeting: A tentative meeting schedule was distributed for next year. This schedule was based on a previously established meeting time of the third Wednesday of the even months. The members agreed with the proposed meeting schedule and also indicated that a meeting this December was not necessary and they could begin their review of the specialty council material next year at the February meeting. The meetings will be held at the UW Agricultural Research Building located on Mineral Point Road in Madison.

Wednesday, December 3, 2003, 9:15 a.m. - 1:00 p.m., Wisconsin Builders Association Headquarters, 4868 High Crossing Boulevard, Madison, Wisconsin

Council Member Attendance (E=Excused, P=Present, A=Absent): Kevin Cavanaugh E Paul Coats P Bruce Fuerbringer P Beth Gonnering - Chair P Edward Gray E Jim Klett P Harry Macco (Jane Witt) P Paul Marunich P Carl Mastaglio E Richard Paur (Tracy Williams) P William Roehr E Ed Ruckriegel P Fred Stier P

Guests: Dave Bloom - Town of Madison Fire Department

Department of Safety and Professional Services Staff: Lynita Docken P Bob DuPont P Jim Quast P Sam Rockweiler P Kimberly Walker P

Beth Gonnering 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 17^th meeting.

Update on related Safety and Buildings Division projects
Historic Buildings Code Jim Quast reported that the Historic Buildings Code Council is continuing to consider minor changes for the Historic Buildings Code - chapter Comm 70, with particular emphasis on fire sprinkler systems, elevators, and standpipes, in high-rise residential occupancies; and on changes in use to A-2 occupancies, such as nightclubs. Jim noted there is continuing interest in addressing high-rises and A-2 occupancies in nonhistoric buildings in the same manner, through corresponding changes in the Commercial Building Code - chapters Comm 61 to 65.

Ed Ruckriegel commented that Comm 70 currently does not adequately address changes in use which include conversion to a higher level of hazard but which are exempted from fire sprinkler protection because the total building safety score under Comm 70 is high enough. Ed recommended including reconsideration of that exemption in the Comm 70 review project, and noted concern that too many changes in use in nonhistoric buildings are occurring without complying with current Comm 61 to 65 requirements.

Comparison of ICC and NFPA code suites Kimberly Walker reported that the Department is considering whether or not 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. Kimberly noted that the Wisconsin fire service has reminded the Department 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.

Kimberly explained that she has been inundated with requests to cancel the comparison, and she indicated that in reaction to the requests, the Division is asking the fire service whether the comparison is still desired, and if so, why. Bob DuPont added that a preliminary view of the two code suites is that their basic elements are very similar.

Ed Ruckriegel and Bruce Fuerbringer agreed that backing out of performing the comparison, after promising it in exchange for getting the support of the fire service in adopting the 2000 ICC code suite, would be devastating to the relationship between the fire service and the Department.

Kimberly noted that the requests she is receiving are all stating that since Wisconsin would retain use of the ICC suite rather than switch over to the NFPA suite, after the comparison is performed, why do the comparison? According to Ed, the fire service is not likely to insist on use of the NFPA suite if the conclusion of the comparison is that the two suites are equivalent, but that conclusion will not be known unless the comparison is performed. Bruce added that since the decision of which suite to use will likely stand for decades, the decision is too important to make without carefully considering whether the NFPA suite would be better.

Fred Steir suggested performing the comparison in conjunction with the next major review of Comm 61 to 65, such as during consideration of the 2006 edition of the ICC suite. Fred noted that timeline would allow reviewing and benefiting from the outcome of similar comparisons performed by others throughout the nation.

Tracy Williams recommended that any review of other comparisons should include consideration of any bias or potential for bias from the party performing the comparison.

Jim Klett agreed with Fred's suggestion, and indicated that productive compromises could develop while considering the concerns of the fire service and considering what the NFPA codes offer, in conjunction with reviewing the 2006 ICC code suite.

Plumbing Code Lynita Docken distributed and discussed a preliminary public hearing draft for changes to Wisconsin's uniform Plumbing Code - chapters Comm 81 to 87. 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. Plan submittal and review requirements are also included, along with operation and maintenance criteria, particularly for control of disease-transmitting vectors.

Lynita indicated the Division has been presenting training that includes instruction on how to comply with the NR 151 requirements, but no decision has been made yet on who will enforce those requirements.

Bruce Fuerbringer asked how the proposed rules and NR 151 would affect municipalities, and Lynita explained that the DNR requires larger municipalities to submit regional stormwater plans, whereas the proposed rules would only apply to individual construction sites.

Beth Gonnering and Jane Witt indicated that builders generally are not concerned yet about the NR 151 requirements, but are likely to have concerns after enforcement begins.

The council members present had no objection to advancing the proposed rules to public hearings.

Public Swimming Pools Lynita distributed and briefly discussed a preliminary public hearing draft for changes to Wisconsin's Public Swimming Pool Code - chapter Comm 90.

The council members present had no objection to advancing the proposed rules to public hearings.

Miscellaneous updates and fix ups for the Commercial Building Code
Jim Quast explained that the Council's input was desired for numerous minor updates and corrections that are being developed for the Commercial Building Code. Sam Rockweiler noted that the updates and corrections were primarily contained in a November 7, 2003, preliminary public hearing draft, and in a November 12 draft of rule changes that had been developed after the November 7 draft, both of which were transmitted with the meeting agenda in advance of the meeting. Sam distributed additional rule changes that had been developed after the November 12 draft, along with a summary of further changes that were planned but not yet drafted.

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 ICC code suite; (2) codify approvals the Department has issued for alternate design methods, standards, and products, 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.

In discussing the proposed rule changes, Sam focused on the detailed summaries in the corresponding, introductory analyses in the drafts, and directed attention to bulleted sections that were identified as being the most applicable to multifamily dwellings.

In reference to the proposed change to Comm Table 61.30-3 that would require submittal of plans for fire sprinkler systems in multifamily dwellings and other R-2 occupancies, Jim Klett asked whether the plans would then be reviewed. Jim Quast said yes, and estimated that about 60 submittals per year would result. Fred Steir recommended that the review not be duplicated at the state and local levels.

Ed Ruckriegel disagreed with the proposed 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 is opposed to modifying the basic life safety requirements of the International Building Code^®, and he indicated the recent approval should have been processed as a variance rather than a product review, which would have allowed input from the local fire department.

Jane Witt commented that the expanded, single-exit approval was warranted because the affected builder had demonstrated that the constructed product was safe enough. Bruce Fuerbringer agreed the demonstrated safety record was good, but emphasized a need to consider fire incidents in other parts of the nation as well. Ed indicated that the Department should first advance the proposal through the ICC code revision process, to be consistent with the Department's commitment to minimize modifications to the ICC codes. Bruce questioned whether self-rescue from the platforms could be improved, such as by reducing the maximum platform height of 15 feet above grade. Jim Klett asked whether a fire-resistive-rated separation would be needed between two adjoining, exterior platforms, and whether the length of a common path of egress travel would exceed 75 feet.

On a related issue, Fred Stier and Paul Coats agreed that the current IBC text for two exits should be studied and possibly changed, because it may result in an unsafe condition in some situations where two stairs that are too close together could both be blocked by the same fire within a shared common area. Ed questioned whether other building features affecting the condition should also be considered, such as sprinkler protection and rated corridors.

A motion was made by Jane Witt and seconded by Beth Gonnering, but failed to pass, to codify the expanded, single-exit concept from the recent product approval, as proposed in section Comm 62.1005 (2) in the November 7 draft.

A motion was made by Ed Ruckriegel, seconded by Bruce Fuerbringer, and passed, with dissenting votes from Jane Witt and Beth Gonnering, to delete the expanded, single-exit proposal, as currently worded, from the public hearing draft.

Bruce Fuerbringer questioned whether the proposed changes would result in an excessive number of modifications to the ICC codes. Sam Rockweiler agreed to send the Council members a listing of the proposed rule changes that would be new Wisconsin modifications of ICC code text and be applicable to multifamily dwellings.

The council members present had no objection to advancing the proposed rules, as modified by the preceding motion, to public hearings.

Next Meeting
Scheduling of the next meeting was postponed to allow receipt and analysis of the public hearing comments for the miscellaneous changes to Comm 61 to 65.

Submitted by Sam Rockweiler, code consultant to the Council

Wednesday, April 16, 2003, 9:15 a.m. - 1 p.m., Wisconsin Builders Association Headquarters, 4868 High Crossing Boulevard, Madison, Wisconsin

Council Member Atendance (E=Excused, P=Present, A=Absent): Kevin Cavanaugh P Paul Coats E Todd Fahning E Bruce Fuerbringer P Beth Gonnering - Chair P Edward Gray P Jim Klett E Harry Macco P Paul Marunich P Carl Mastaglio P Richard Paur P William Roehr E  Ed Ruckriegel P Fred Stier P

Guests: Don Hynek - Department of Administration, Division of Energy Bill Schomburg - International Code Council Matt Swentkofske - Martin Schreiber & Associates Jane Witt - Wisconsin Builders Association

Department of Safety and Professional Services Staff: Randy Baldwin P Bob DuPont P Henry Kosarzycki P Diane Meredith P Jim Quast P Sam Rockweiler P

Beth Gonnering opened the meeting with a round of introductions and a review of the agenda, and the Council accepted the preceding meeting's progress report.

Safety and Buildings Division code update
Historic Buildings Code Jim Quast reported the Historic Buildings Code Council met in March to begin a review of ch. Comm 70 and its possible update. The Council began comparing the Historic Buildings Code to the corresponding chapter in the International Existing Building CodeÒ . Jim noted that the outcome of the comparison will be presented to the Multifamily Council.

Elevator Code Diane Meredith and Jim discussed the three main changes that are proposed for the Elevator Code. According to Diane, the biggest change would require either replacement or testing of all single-bottom hydraulic jacks that were installed prior to 1975. Diane explained that this change is proposed in lieu of the replacement of all single-bottom jacks that is required in Standard A17 from the American Society of Mechanical Engineers.

Diane noted the Division's elevator advisory council recommended requiring the replacement, which could cost from $30,000 to $50,000 or more for each elevator, whereas the proposed testing should cost from $300 to $500 for each elevator. Diane indicated the elevator council's recommendation was based in part on a presentation from a major elevator manufacturer that showed several failures of single-bottom jacks which resulted in some severe injuries and three fatalities. Diane agreed to provide the Council with the handouts from the presentation.

Fred Steir asked whether the failures occurred in other states that do not have an inspection and maintenance program which is comparable to Wisconsin's. Harry Macco asked how many elevators would be affected by the proposed change, and how many related accidents have occurred. Harry recommended that staff research the issue further before proceeding with the code change.

Diane explained that the 2 other main proposed changes would (A) increase the maximum travel distance for a platform lift from 12 to 14 feet; and (B) allow installation of an inclined lift, where no more than 2 consecutive floor levels are served, the number of stops does not exceed 3, and the lift does not infringe on the minimum egress width when the lift is in its use position.

Plumbing Code Jim reported code changes are being developed for plumbing that is associated with stormwater. According to Jim, a variety of opinions exist on which forms of conveying stormwater constitute plumbing, but the focus of the code changes will be on the hydraulics for sizing the conveyance piping.

Two-year review cycle for the Multifamily Dwelling Code As requested at the previous meeting, Jim discussed a summary that was transmitted with the meeting agenda, for the variances issued to date for chapters Comm 61 to 65. Fred noted the summary did not show any code topics repeatedly being a problem yet, but cautioned that problems are expected to result from recently constructed barrier-free bathrooms which do not comply with Comm 61 to 65. Diane explained that the preceding code had incorrectly interpreted a previous, vague federal requirement by allowing lavatories to infringe on bathroom clear-floor areas, whereas Comm 61 to 65 includes newly revised federal accessibility requirements that more clearly do not allow the infringement. Diane agreed to provide the Council with the corresponding reference materials.

Ed Ruckriegel asked for an update on interpretations that have been issued for Comm 61 to 65. Jim responded that the Division's Web site contains a question-and-answer section for clarifying uncertainties with the new code. Jim agreed to provide the Council with printed versions of the currently posted Q&As, and listed the Q&As that specifically refer to multifamily dwellings.

Harry indicated that problems with the new code have primarily been due to individual interpretation and application, rather than the code's actual requirements. Harry added that in the past, Division inspectors typically looked only for compliance with an approved plan, but now they are looking for compliance with the code. Randy Baldwin responded that inspectors are expected to consult with the corresponding plan reviewer if, during construction, an aspect of an approved plan does not appear to match well with an applicable code requirement. Bill Schomburg commented that International Code Council staff can be contacted for clarification of ICC code requirements. Fred commented that the most significant inspections problems he encounters occur with facilities that are licensed by the Department of Health and Family Services.

As offered at the previous meeting, Randy distributed and discussed a summary of the plan-review comments that have been most commonly included in the 2,000+ plan-review letters which have been issued to date under Comm 61 to 65. Randy explained that the highlighted comments in the summary are those which would not have applied under the preceding code; and that the comments marked with an arrow identify design deficiencies which are significant enough to cause a reviewer to withhold plan approval, pending revision and resubmittal of plans or other documentation. Randy added that an additional fee is generally not required when a reviewer requests additional information within an initial review period.

Bill Schomburg asked whether the summary of review comments is posted on the Division's Web site. Randy responded that similar information has been presented at training sessions, and could be addressed in the Division's monthly, Web-posted Construction Codes Report. There also was interest in selecting every comment that is both highlighted and marked with an arrow, as an indication for where further training on the new code could be most effective. There was discussion that, as with the summary of the variances, the record of review comments may not be extensive enough yet to identify any needed code changes.

Jane Witt asked how the Division's training for the new code is progressing. Henry Kosarzycki responded that local code officials generally no longer need the broad, overview training that was requested and provided last year, and instead are more interested in training for specific, detailed requirements. Henry added that designers similarly are now interested in training that is more specific.

Don Hynek reported that review of current multifamily construction activity in Canada and on the West Coast indicates an interest in designing ductwork to minimize air movement from one dwelling unit to another, and from common areas to a dwelling unit, which increases energy efficiency and decreases odor and noise problems.

Kevin Cavanaugh asked whether any problems are resulting from the new air-barrier requirements for masonry. Don Hynek said Canadian studies are showing air leakage primarily occurs at penetrations through concrete masonry units rather than as bulk flow through the units. Kevin noted Massachusetts is the only other state with air barrier requirements, and indicated that unintended, undesirable consequences may be resulting, such as fostering growth of mold. Don responded that mold problems result primarily from lack of adequate ventilation rather than from air tightness.

Diane explained how the Type A dwelling units that are required under Comm section 62.1107 are mandated by the International Building Code^® rather than by the federal Fair Housing Act Guidelines. According to Diane, if a Type A unit is altered after its purchase as a condominium unit, and the alteration results in noncompliance with Comm 62.1107, the unit owner would be obligated to restore the compliance prior to selling the unit.

Next meeting
The next meeting was scheduled for June 18, 2003, at the same location and time. Agenda items may include further discussion of seismic requirements, proposed changes to the elevator code, and DHFS-licensed assisted-care facilities.

Submitted by Sam Rockweiler, code consultant to the Council

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