Safety and Buildings Division UDC Advisory Code Council Meeting Summaries

Wednesday, March 2, 2011, 9:30 a.m. to 2:30 p.m., Middleton Fire Station, 7600 University Avenue, Middleton, Wisconsin

Council Member Attendance: Dennis Bauer - A; Jeff Bechard - P; Amy Bliss - P; Mike Coello - P; David Dolan-Wallace - P; Tom Doleschy - Absent; Dan Gorski - P; Robert Jakel - P; Brian Juarez, Chair - P; Steve Levine - E; Mike Mueller - A; Frank Opatik - P; Robert Premo, Vice-chair - P; Gary Ruhl - P; Mary Schroeder - P; Katie Stadtherr - P; John VandeCastle - P; and Brian Wert - P

Department of Safety and Professional Services Staff: Duane Hubeler, Brian Ferris, Berni Mattson, Norma McReynolds and Larry Swaziek

Welcome, introductions and review of agenda
Chair Brian Juarez called the March 2, 2011, meeting of the Uniform Dwelling Code Council to order, and asked Council members and guests to introduce themselves. The meeting’s agenda was revised with the discussion on light frame construction being moved to after the break or 10:35 a.m.

Review progress report from previous meeting
On MOTION (Wert/Bechard) the progress report from the November 3, 2010, meeting was approved.

Elect chair and vice-chair
On MOTION (Jakel/Bliss) Brian Juarez was re-elected chair for 2011 and Robert Premo as vice-chair.

Frank Opatik, who served as the Council’s chair in 2008 and 2009, recommended that when possible, the chair should serve for 2 years because of the learning curve.

Administrative and legislative issues
Larry Swaziek updated the Council on the following:

• Council member status – Members of the Uniform Dwelling Code Council are governor-appointed, and staff is working with Governor Scott Walker’s appointment secretary. The Council welcomed two new members, Amy Bliss, who represents housing manufacturers, and Michael Coello, who represents material suppliers.
• UDC activity update – The carbon monoxide alarm rules became effective February 1, 2011. Next is to move the larger proposed UDC rule package forward.
• Future of Safety and Buildings Division – Governor Walker has appointed Paul F. Jadin as Secretary of the Department of Safety and Professional Services, and Tom Nardelli as administrator of the Safety and Buildings Division. Larry introduced Berni Mattsson who has been named director of the Program Development Bureau. The department will be dissolved July 1, 2011, and replaced by the Wisconsin Economic Development Corporation, which is a private entity. The Safety and Buildings Division and the Environmental Regulation Services Division will merge with the Department of Regulation and Licensing to form the Department of Safety and Professional Services.

Carbon monoxide alarms, effective February 1, 2011
Larry distributed a fact sheet about carbon monoxide alarms that staff developed to clarify issues encountered during UDC training. Most of the questions relate to the use of battery-powered or plug-in alarms in existing homes. In addition, carbon monoxide alarms are sensitive to temperature, and when frozen and thawed with the battery or power on, can be damaged.

Protection of light frame construction
Chair Brian asked the Council how it wants to proceed with the protection of light frame construction. He reminded members that they have heard presentations for 1-½ years about the issue.

During the ensuing discussion, it was pointed out that there is new information about burn testing done recently by several recognized laboratories. The Council would like to review the documentation data relating to burn rate, and asked staff to compile information for its next meeting.

Permit expiration
The Council continued its discussion about how to clarify section Comm 20.09 (9) (a) 5.: “The permit shall expire 24 months after issuance if the dwelling exterior has not been completed.” During the ensuing discussion, it was pointed out that municipalities issue permits and set zoning standards. The UDC, however, is required to protect the public safety and does this through the plan review process and inspections.

On MOTION (Schroeder/Coello) staff will develop proposed code language that clarifies permit expiration and renewal and final inspection for the Council to review at its next meeting. It was suggested that staff model the language after the commercial code.

Ramp construction and frost footings
Duane Hubeler discussed section Comm 21.045 relating to ramp construction – especially short-term or temporary ramps – and frost footings.

On MOTION (Wert/Schroeder) the word “ramp” will be deleted from s. Comm 21.16 (1) and in Comm 21.045 language relating to “last step to grade” will be incorporated. These changes would require frost protection of stoops and landings but not for ramps. The Council recommended defining “stoop.”

Basements and interior circulation
Duane led a discussion on basements and interior circulation. The department periodically is asked to modify the code to require an interior access to a basement. With the installation of carbon monoxide alarms in basement mechanical rooms, this becomes not only a homeowner’s convenience but a life safety issue.

After some discussion, the Council agreed that no code changes are needed.

Energy issues – REScheck and 2009 IEC
Larry discussed the latest update of REScheck, version 4.4.1, which incorporates an “orientation” option beginning with a 90% efficient appliance to account for energy efficient appliances/equipment.

Because of an energy grant, Council members received complimentary copies of the 2009 IECC. Larry discussed some of the changes in the new IECC that may affect the Wisconsin UDC if the council elects to incorporate those provisions in the UDC . It was noted that, if a change is proposed that increases the cost of construction that a cost benefit analysis must be prepared.

Wall bracing minimum required length table
Larry shared with the Council a new Appendix Table Comm 21.25-H that has an easy-to-use chart for figuring minimum bracing length for braced wall lines. Frank Opatik will email Larry the formula for taller walls.

UDC Q&As
Larry shared with the Council the following Q&As handouts:

• Comm 22.21 (2) and 22.39 (4) relating to wind wash – Staff used REScheck to address wind wash protection of insulation requirements. On MOTION (Schroeder/Premo) the Council endorsed the Q&A and recommended that the approved “answer” be incorporated into the next code update.
• Comm 22.38 (1) (d) relating to lapping and sealing vapor retarder – The taping of vapor retarder joints in vertical walls is not necessary when sufficient overlapping is used over a stud. On MOTION (Premo/Schroeder) staff will develop a Q&A clarifying adequate lapping techniques and add an exclusion for taping or caulking laps in a ceiling.
• Comm 21.16 (1) and (2) (a) and 22.33 relating to slab-on-grade insulation and frost-protected shallow foundations (FPSF) – Currently, the code is more energy restrictive relating to frost-protected shallow foundations. Staff has developed some new explanatory drawings illustrating proper frost protection techniques for meeting both the energy and frost-protected shallow slab foundations of the code in heated structures. Next, staff will develop illustrations of frost protection for unheated structures with shallow foundations.

Questions and general discussion
Brian announced that several building code inspectors in southeast Wisconsin are drafting proposed code requirements relating to wood deck construction. The group is considering incorporating the American Forest and Paper Association’s (AFPA) “Prescriptive Residential Wood Deck Construction Guide” into the code or including it in the Appendix. Leroy Stublaski is one of the committee members.

Dave Raymond asked about chapter Comm 23 which he called “the forgotten chapter in the UDC.” He referenced the section on under-floor plenum that was updated in February 1995. Staff agreed that chapter Comm 23 should be revisited.

Next meeting and adjourn
On MOTION (Jakel/Gorski) the meeting was adjourned.

The Council’s next meeting will be Wednesday, May 4, 2011, at the Middleton Fire Station, 7600 University Ave., in Middleton, WI. Please contact Larry Swaziek at (608) 267-7701 or email at larry.swaziek@wisconsin.gov with questions.

Wednesday, November 3, 2010, 9:30 a.m. to 2:30 p.m., Middleton Fire Station, 7600 University Avenue, Middleton, Wisconsin

Council Member Attendance: Dennis Bauer - EP; Jeff Bechard - P; David Dolan-Wallace - P; Tom Doleschy - Absent; Dan Gorski - P; Robert Jakel - P; Brian Flannery (substitute for Brian Juarez, Chair) - P; Steve Levine - P; Mike Mueller - Absent; Frank Opatik - P; Amy Bliss (substitute for Tom Palecek) - P; Robert Premo, Vice-chair - P; Gary Ruhl - P; Mary Schroeder - P; Katie Stadtherr - P; William Turner - Term Expired; John VandeCastle - P; Brian Wert (substitute for Mike Wallace) - P

Department of Safety and Professional Services Staff: Duane Hubeler, Norma McReynolds, Larry Swaziek

Welcome, introductions and review of agenda

Co-Chair Robert (Bob) Premo called the November 3, 2010, meeting of the Uniform Dwelling Code Council to order. After the Council members and guests introduced themselves, the agenda was accepted as written.

Review progress report from previous meeting

On MOTION (Stadtherr/Bliss) the progress report from the September 1, 2010, meeting was approved.

Administrative and legislative issues

Larry Swaziek updated the Council on the following:

• Council member status – Department staff will continue to work with Governor Jim Doyle’s appointment secretary and with the governor-elect’s staff to resolve Council member status. The Council is required by statute to elect a chair and co-chair annually. The election will be on the next meeting’s agenda.
• UDC activity update – The Miscellaneous Update Fix-Up (MUFU) package has been submitted for legislative review, and should be effective January 1, 2011, or shortly thereafter. Although the code package deals primarily with Comm 14, there are specific sections that affect the UDC such as repealing Comm 22.48 (3) (d) relating to vapor retarders and extending them to the top of floor slab.

Member issues

Bob asked about the procedure for incorporating into the UDC code the American Forest and Paper Association’s “Prescriptive Residential Wood Deck Construction Guide.” The Council had reviewed and discussed the publication at its September 1, 2010, meeting. Staff will draft proposed code language as recommended by the Council.

Status of rules: Carbon monoxide alarms, 2009 Wisconsin Act 158, effective February 1, 2011

The carbon monoxide alarm rule package is in the Secretary of Commerce’s Office awaiting signature for adoption. As per Act 158, the rules should be effective February 1, 2011.

At the Council’s September 1, 2010, meeting, members discussed a “nuisance alarm” problem that occurs when carbon monoxide alarms are installed too close to fuel-fired equipment. State statutes require an alarm in a basement and do not exempt a basement that is used only to service mechanical equipment and does not have a habitable space.

The department had considered requesting a germane modification to address this issue, but after visiting with legislators will proceed with the current proposed rules to meet the February 1, 2011, deadline.

During the ensuing discussion, the Council suggested including language that specifies a distance for installing a carbon monoxide detector near fuel-fired appliances in basements. The department will continue to review and may consider adding clarifying language to the Commercial Building code package.

Visitablity and lifespan housing proposed rules

At the Council’s September 1, 2010, meeting, the draft rules proposal for visitablity and lifespan housing was tabled. Staff was asked to review the Council’s discussions, motions or votes on visitablity and lifespan housing and the department and Council’s statutory authority to adopt such rules.

In an October 8, 2010, email, members received copies of the following progress notes outlining the UDC Council’s progress on the visitablity and lifespan housing issue:

• November 4, 2009 – “The Council unanimously approved the concept and proposed rules.”
• March 10, 2010 – “The Council is committed to developing accessibility standards and asked staff to continue reviewing the visitablity/lifespan housing proposal.”
• June 9, 2010 – It was noted that the department was looking at creating a section Comm 21.037 in the UDC and included the reminder that the Council had approved a proposal to expand the accessibility standards at its November 4, 2009, meeting.

Also, in the October 8, 2010, email, Council members received the following excerpts from the Wisconsin Statutes giving the Council and the department the authority to address accessibility issues in the UDC:

• s. 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.
• s. 101.63 Departmental duties. The department shall: (1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling…
• s. 101.64 Departmental powers. The department may: (8) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants.

Larry reiterated that the Council’s statutory authority says “shall” consider accessibility. By statute, the department is to consider the health and safety of the occupants and their “welfare,” which, with the aging population, includes providing accessible housing.

In addition, the 2010 national standards will have a section that addresses visitablity that could be incorporated into the UDC. Currently, there is federal legislation that federal funds for housing meet the visitablity requirement.

Larry outlined a simple procedure to incorporate the visitablity or lifespan standards into a home inspection.

The MOTION (Levine/Jakel) that the Council support and proceed with the rule making process to adopt a national standard which will be incorporated into the UDC as a voluntary requirement FAILED. (Vote was 7–6 with 1 member abstaining.)

During the discussion, members expressed concern about what was in the 2010 national standard, and compared building a visitable home to building an Energy Star home. Some members reiterated that the issue is more of a consumer protection matter and does not belong in the UDC.

On the flip side, members pointed out that accessibility is addressed in the UDC, and visitablity is just the current buzz word for accessibility. If structural elements in a one- and 2-family dwelling are involved, then construction guidelines belong in the UDC. Although the UDC is a uniform code, there are choices throughout (i.e., sprinklers) that allow builders and home owners to make choices and follow the requirements for those choices.

When discussing the question of life safety, members said it is important to provide guidelines for accessible features (i.e., an egress window out of a basement or a ramp) to be safe. Perhaps the UDC code should look at more mandatory requirements such as one accessible entrance for one- and 2-family dwellings.

Amy Bliss pointed to the state statutes that say the UDC Council “shall” study the need for and ensure an adequate supply of one- and 2-family dwellings that are accessible to people with disabilities. Bob asked Steve Levine to do additional research to see if there is a need for accessible housing in Wisconsin.

Ramp construction and frost footings

Duane Hubeler’s presentation on ramp construction and frost footings was postponed until the Council’s next meeting.

Wind Load – UDC 20 PSF vs. ASCE 7 90 MPH

Gary Korpela, of Automated Products, Inc. an Engineered Building Systems, Inc. (API/EBS), made a presentation on how prescriptive requirements or engineering analysis affect structural calculations for wind load. Currently, section Comm 21.23 (2) requires walls to be designed to withstand horizontal wind pressure of at least 20 pounds per square foot (PSF).

In addition to the 20 PSF, Gary asked the council to permit the flexibility of using a national industry standard such as ASCE-7-2005, which is referenced in the IRC, incorporated in design software and is more balanced than 20 PSF.

On MOTION (Schroeder/Wert) the Council recommended incorporating ASCE-7 as an approved standard in the UDC. Meanwhile, the department can allow the use of the ASCE-7 standard in accordance with section Comm 20.24 (3) relating to alternate standards. Staff will develop a Q&A and provide training in Spring 2011.

Permit expiration

Duane asked for Council input on how to improve or clarify section Comm 20.09 (9) (a) 5.: “The permit shall expire 24 months after issuance if the dwelling exterior has not been completed.” This item was discussed at the UDC Council’s March 10, 2010, meeting.

At that time, Bob recommended requiring the completion of the dwelling exterior within 24 months, and the completion of the entire dwelling including final inspection approval and obtaining a Certificate of Occupancy within 36 months. Pat Stevens of the Wisconsin Builders Association was to solicit comments from the builders.

During the ensuing discussion, members asked if this would limit municipalities who set up their own permit requirements and restrictions. It was pointed out that section Comm 20.09 (9) (a) 5. does not address all situations and creates a monitoring mandate for municipalities. Staff will develop language that addresses unsafe conditions which arise when homes are not completed but allows municipalities to set fees and penalties and determine renewal and expiration policies that they can enforce.

UDC code application – Ch. Comm 22relating to slab edge and under-slab insulation and ss. Comm 21.20 and 21.203 relating to concrete floor thickness

Larry distributed a handout that clarified chapter Comm 22 relating to slab edge and under-slab insulation which is effective January 1, 2011. Any unheated slab floor, the bottom of which is less than 12 inches below adjacent grade, would require insulation in accordance with Table 22.31, rows 1 through 4.

Brian Wert asked how this pertained to all electric homes with below slab floor electric heat when the design calls for a sand storage heat area below the slab to allow for off-peak electrical use, allowing the stored electric heat under the sub-slab to rise back into the dwelling during peak electric use hours. The Department will review and issue a code interpretation regarding this matter.

Larry also discussed sections Comm 21.20 and 21.203 relating to concrete floor thickness. Comm 21.20 (1) requires concrete floors to be a minimum of 3 inches thick. Comm 21.20 3 (1) requires concrete garage floors to be a minimum of 4 inches thick. The department’s interpretation is the concrete floors meet the minimum thickness requirement when placed over the top of a footing or placed on a foundation wall or ledge detail.

The handouts will be posted on the Safety & Buildings Division web site.

Questions and general discussion

Bob announced that Joe Nagen of Focus on Energy, would like to discuss failures in homes with thin veneer and how the UDC can stay abreast of changes in the thin veneer industry. Bob will ask Joe to present at the next UDC meeting.

Next meeting and adjourn

On MOTION (Schroeder/Stadtherr) the meeting was adjourned.

The Council’s next meeting will be Wednesday, February 2, 2011, (rescheduled to March 2, 2011) at the Middleton Fire Station, 7600 University Ave., in Middleton, WI. Please contact Larry Swaziek at (608) 267-7701 or email at larry.swaziek@wisconsin.gov with questions.

Wednesday, September 1, 2010, 9:30 a.m. to 2:30 p.m., Middleton Fire Station, 7600 University Avenue, Middleton, Wisconsin

Council Member Attendance: Dennis Bauer - Excused; Jeff Bechard - P; David Dolan-Wallace - P; Tom Doleschy - Absent; Dan Gorski - Excused; Robert Jakel - Excused; Brian Juarez, Chair - P; Steve Levine - P; Mike Mueller - Absent; Frank Opatik - P; Amy Bliss (substitute for Tom Palecek) - P; Robert Premo, Vice-chair - P; Gary Ruhl - Excused; Mary Schroeder - P; Katie Stadtherr - P; William Turner - Term Expired; Pat Sevens (substitute for John VandeCastle) - P; Brian Wert (substitute for Mike Wallace) - P

Department of Safety and Professional Services Staff: Duane Hubeler, Norma McReynolds, Larry Swaziek

Chair Brian Juarez called the meeting of the Uniform Dwelling Code Council to order. After the Council members and guests introduced themselves, the agenda was accepted as written.

Review progress report from previous meeting

On MOTION (Bechard/Premo) the progress report from the June 9, 2010, meeting was approved.

Administrative and legislative issues

Larry Swaziek updated the Council on the following:

• Council member status – A Council membership list was distributed, and members reviewed term expiration dates. Department staff will continue to work with Governor Doyle’s appointment secretary and with the new governor’s staff to resolve Council member status.

• UDC activity update – The Miscellaneous Update Fix-Up (MUFU) package has been submitted for legislative review, and should become effective January 1, 2010, or shortly thereafter. Although the code package deals primarily with Comm 14, there are specific sections that affect the UDC such as repealing Comm 22.48 (3) (d) relating to vapor retarders and extending them to the top of floor slab.

• Proposed UDC rule package – The timeline for the proposed UDC rule update is to begin writing rules now with the approval process taking place in 2012 and the rules becoming effective April 1, 2013.

• Attorney General opinion relating to municipalities and one- and 2-family dwelling contractors – On August 26, 2010, Attorney General J.B. Van Hollen issued a formal opinion that state statutory financial responsibility requirements and state statutory continuing education requirements for one-and 2-family dwelling construction contractors preclude municipalities from imposing greater financial responsibility, education, or examination requirements upon such contractors. A copy of the formal opinion is available at http://www.doj.state.wi.us/ag/opinions/OAG-06-10.pdf.

Member issues

• Secondary egress provisions in finished basements – On behalf of a member of the Southwest Wisconsin Building Inspector Association (SWWBIA), Brian asked if the code should require secondary egress provisions for finished basements. The trend is towards egress windows even if the basement does not contain sleeping rooms. The Council will discuss the issue in the future and develop rule changes as needed.

• St. Croix County circuit court decision – The Council discussed a recent St. Croix County circuit court decision relating to a municipality adopting the UDC for enforcement of accessory buildings. The judge sided with the plaintiff and thought the municipality was “taking some liberty” with the code. Department attorneys are reviewing the decision which is legally binding only for this specific case. In the future, the Council may address code language that allows municipalities to use the UDC for accessory structures.

Status of rules: Carbon monoxide alarms, 2009 Wisconsin Act 158, effective February 1, 2011

Proposed rules relating to carbon monoxide alarms in dwellings were submitted August 31, 2010, for legislative review. The rules incorporate the Council’s recommendation to model the rules after smoke alarms and include the 21-foot from sleeping area requirement. Council members received a copy of the final rule draft, and Larry and Norma Sampson reported on rule changes that address pre- and post-1980 homes.

During the ensuing discussion, Council members noted that manufacturers’ product listings may be in conflict with the statutory requirements. For example, some manufacturers recommend that carbon monoxide alarms not be installed in close proximity to fuel burning appliances because of a “false alarm” problem. If a basement area is just large enough to hold fuel burning appliances such as a furnace and a water heater, then the manufacturer may not permit the installation of a carbon monoxide alarm in the space. However, the statutes require carbon monoxide alarms to be installed in basements. These issues will need to be resolved before the effective date of the law and rules developed to reflect the law.

American Forest & Paper Association’s (AF&PA) “Prescriptive Residential Wood Deck Construction Guide”

The Council reviewed the “Prescriptive Residential Wood Deck Construction Guide” published by the American Forest & Paper Association (AF&PA). Based on the 2099 IRC, the publication could be incorporated into the UDC with some changes as code, referenced in a note or included in the appendix. The consensus of the Council was that the guide would help make deck construction more uniform and would be helpful to homeowners constructing their own decks.

HUD – Accessibility

Tom Nelson, Director of Fair Housing & Equal Opportunity with the U.S. Department of Housing and Urban Development (HUD) in Milwaukee, distributed a handout about HUD and discussed the Fair Housing Act and federal requirements pertaining to accessibility. He stressed the importance of inspecting for compliance during the construction stage.

Review visitablity and lifespan housing draft language

Norma distributed a draft of proposed rule language for visitable and lifespan dwellings. The draft is based on Council member Steve Levine’s proposal that the Council accepted at its November 4, 2009 meeting. The proposed rules, which would be voluntary, would create section Comm 21.037 and incorporate the new 2009 ICC/ANSI A117.1 Type C visitability standards.

During the ensuing discussion, Council members were concerned about how to enforce the rules and if they should be included in the UDC or were more of a consumer protection matter.

On MOTION (Schroeder/Stadtherr) the draft rules proposal was tabled until the next meeting when past Council discussions, motions or votes on visitability and lifespan housing could be researched along with the department and Council’s statutory authority to adopt the rules.

Manufactured home communities, RV parks, campgrounds and the UDC

Larry presented a PowerPoint about how the UDC applies to manufactured home communities, RV parks and campgrounds. Currently, chapter Comm 26 regulates manufactured home communities and the Department of Health Services (DHS) licenses campgrounds, chapter DHS 178. The trend is toward campgrounds using more permanent structures, and there are questions about when the UDC should be applied to structures built “on site” and contiguous to RV’s and manufactured homes. DHS is concerned about the regulation of permanent and semi-permanent “park model” RV’s and some fabric structures that are being rented to the public.

The Council will continue to discuss the issue and the applicability of the UDC to permanent and semi-permanent structures in RV parks and campgrounds.

Fire protection – light frame construction

Tom Clark, chair of the Wisconsin Residential Fire Sprinkler Coalition, distributed a handout about the coalition and pointed to resource links in it including the National Institute for Occupational Safety and Health (NIOSH) web site. The coalition’s focus has been creating four residential fire sprinkler education presentations: 1) public education, 2) fire service, 3) home builders and legislative and 4) authority having jurisdiction.

Tom introduced Dan Gengler, Executive Director of the Wisconsin Alliance for Fire Safety and Special Projects Manager of the National Fire Sprinkler Association, Inc. – Wisconsin Chapter, who made a PowerPoint presentation about fire fatalities related to light frame construction and the need for residential fire sprinklering. Dan talked about providing warning signs to alert fire fighters about the danger of entering a dwelling with engineered wood floor systems. He said 5 or 6 states have adopted the IRC national standard that requires residential fire sprinklering to protect the occupants and a home that may be of light frame construction.

The presentation was part of the Council’s ongoing research and discussion relating to requiring protection of light frame construction in the code, and if so, by what method.

Next meeting and adjourn

On MOTION (Schroeder/Bliss) the meeting was adjourned.

The Council’s next meeting will be Wednesday, November 3, 2010, at the Middleton Fire Station, 7600 University Ave., in Middleton, WI. Please contact Larry Swaziek at (608) 267-7701 or email at larry.swaziek@wisconsin.gov with questions.

Wednesday, June 9, 2010, 9:30 a.m. to 2:30 p.m., Middleton Fire Station, 7600 University Avenue, Middleton, Wisconsin

Council Member Attendance: Dennis Bauer - Present; Jeff Bechard - P; David Dolan-Wallace - P; Tom Doleschy - Absent; Dan Gorski - P; Robert Jakel - P; Brian Juarez, Chair - P; Steve Levine - P; Mike Mueller - A; Frank Opatik - P; Robert Premo - Vice-chair - P; Gary Ruhl - P; Mary Schroeder - P; Katie Stadtherr - P; William Turner - A; John VandeCastle - P; Mike Wallace - P

Department of Safety and Professional Services Staff: Duane Hubeler, Norma McReynolds, Larry Swaziek

Guests: Dennis Bauer, Bauer Raether Builders; Bob DuPont, Regulatory Guidance & Design; Issac Elnecave, Midwest Energy Efficiency Alliance; Ryan Jones, iLEVEL; Pat Stevens, Wisconsin Builders Association; Pattie Stone, Metro Builders Association Milwaukee; Leroy Stublaski, Architecture Plus

Welcome, introductions and review of agenda: Chair Brian Juarez opened the meeting and asked Council members and guests to introduce themselves. The agenda was accepted as written.

Review progress report from previous meeting: On motion (Premo/Opatik) the progress report from the March 10, 2010, meeting was approved as written.

Administrative and legislative issues
Larry Swaziek, Norma Sampson and Duane Hubeler updated the council on the following:
- Council member status: A membership list was distributed, and council members reviewed term expiration dates. Larry has visited with manufactured housing about nominating a new representative to replace Tom Palecek who has resigned.
- Scope Statement: A scope statement for the Uniform Dwelling (One and 2-Family) Code will be printed in the June 15, 2010, Administrative Register. After the required 10-day waiting period, the scope statement will be resubmitted to the secretary for final approval. At that time, July 25, 2010, the staff and the UDC Council can begin drafting language for the next code change package. Staff will begin work immediately on carbon monoxide alarm legislation as mandated by 2009 Wisconsin Act 158, which has an effective date of February 1, 2011.
- Carbon Monoxide Alarm Legislation (2009 Wisconsin Act 158): The 2009 Wisconsin Act 158 requiring carbon monoxide detectors to be installed in new and existing one- and 2-family dwellings becomes effective February 1, 2011. The law is similar to smoke alarms and applies to all construction. Council members received a copy of the act and discussed how to develop implementation code language for the UDC. Member recommendations included modeling the rules after smoke alarms; keeping the requirements basic such as a detector on each floor; and requiring that the carbon monoxide alarms be interconnected in new construction.
- New REScheck Version 4.3.1: REScheck Version 4.3.1 is now available. The Wisconsin UDC allows the use of any version after and including Version 4.2.2. The key is to verify that the code selected or used is “Wisconsin 2009.” Also, the web version has been updated and is compatible with Wisconsin 2009. The same is true with Rem Rate 12.71 or better. Before using the software, check that the code selected or used is Wisconsin 2009.
- UDC staff: Leroy Stuboski has retired. Currently, the regional UDC staff has only three people handling calls and consultations. Because of the fiscal situation, Leroy’s position will not be filled. Bob Premo thanked the staff for its hard work and dedication, and especially for developing the UDC Q&As that are available online.
- Letter from League of Wisconsin Municipalities: A letter dated February 22, 2010, from the League of Wisconsin Municipalities to Secretary Dick Leinenkugel was distributed. The letter endorsed the adoption of the International Code Council’s International Residential Code (IRC) in Wisconsin, and asked the department to begin the conversion process. The council noted that the letter had been received, and will take it into consideration along with other recommendations.
- Brian reported that when the Southwestern Wisconsin Building Inspectors Association approved the adoption of the IRC, it passed by one vote. Duane Hubeler said that statewide the approval has been close, 50.5 percent to 49.4 percent in favor of adopting the IRC.

UDC activity update
Larry updated the council on the following implementations of the UDC:
- The “Miscellaneous Update Fix Up (MUFU) Package: A public hearing was held December 18, 2009, on the MUFU package. Although the code package deals primarily with Comm 14, there are specific sections that affect the UDC such as repealing Comm 22.48(3)(d) relating to vapor retarders. Currently, the MUFU package is in discussion, and the Comm 14 Advisory Code Council will have a meeting soon to review the issues.

Light frame construction discussion
The council continued its discussion of light frame construction relating to requiring protection of light frame construction in the code, and if so, by what method. At the council’s last two meetings, members heard presentations discussing the issues of light frame construction. Brian asked the council how it would like to proceed.

During the ensuing discussion, members reiterated that the responsibility of the code is to provide safe housing that is affordable. It was noted that the IRC requires sprinklering to protect the occupants and a home that may be of light frame construction. Council members requested more information about the issue and will continue to revisit the question at future meetings before changing the code. Members requested additional research and clarification, and will revisit the issue at future meetings.

Visitability/lifespan housing
Norma distributed a handout called “Visitability - An Inclusive Design Approach for Housing” from the Center for Inclusive Design and Environmental Access (IDEA). The handout contained exerpts from the new 2009 ICC/ANSI A117.1 Type C visitability standards. When the Scope Statement for the UDC is approved June 25, 2010, code language can be developed. Staff proposes creating a subsection Comm 21.037 related to visitability/lifespan housing. The council had approved a proposal to expand accessibility standards at its November 4, 2009, meeting. The requirements would be voluntary so that a builder could use them when building a home that would be identified as being visitable or accessible.

Review documents recently posted on the S&B WebSite
Larry distributed and reviewed the following documents that have been posted on the Safety and Buildings web site on the UDC program page:
-- Zero Lot Line Duplex or Twin Home - This document clarifies construction of fire separation walls for zero lot lines. During the ensuing discussion, Council members recommended updating the UDC relating to duplexes with common walls and back-to-back electrical and plumbing fixtures.
-- Sill Plate Overhangs - This handout clarifies acceptable methods for solving the framing issues encountered when using 2-inch foam insulation on foundation walls. Larry pointed out that the drawings had been redone since the Council’s previous meeting and were close to being ready for distribution.
-- Alternate Fastening Schedule - This document contains a new table for alternative fastener methods that incorporates the fastening information from the 2009 IRC.
-- Acceptable Slab on Grade for Manufactured Homes - This handout contains an acceptable method for constructing a proper frost-protected slab for a manufactured home.
Code applies date
The council discussed how to resolve issues relating to when the clock begins ticking for the 2-year permit expiration. There have been different interpretations as to when this time frame begins: 1) When the building permit is issued; 2) When footings and foundation permits are issued; or 3) When installation of temporary service is approved. The council will attempt in the next code package to address this issue and promote some uniformity, as well as discuss if an absolute end date should be established for final completion of a project.

Replacement windows - light and vent
On behalf of Ed Ciechanowski of Oak Creek Building Inspection, Larry asked the council about the installation of replacement windows and the possible infringement of egress and light and ventilation requirements. The consensus of the council was that the issuance of permits for replacement windows is a municipal issue and not something that should be codified.
Wall bracing and total load path

Wall Bracing and Load Path
Larry made a presentation on wall bracing and total load path as codified in Comm 21.02. After walking the council members through three handouts, Larry solicited input to improve the illustrations to reflect actual building techniques. Staff may upgrade the fastener schedule in the Appendix to reflect recent changes in the 2009 IRC.

Anchor bolts and slab on grade (i.e., garages)
Larry discussed garage and uplift resistance, especially anchor bolts in garage slabs, and how the council may want to change the code to make them more effective and uniform.

Questions and general discussion
- Norma reported on the progress of the Building Contractor Registration code package relating to forfeitures. The proposed forfeitures are $250 for first offense, $500 for second offense and $1,000 for third offense.
- Norma also updated the council about the appointments to the Thermal Insulation System Installation Council. The governor’s office has only appointed three of the 7-member council. Wisconsin Statutes require a quorum for a council can meet. However, because July 2, 2011, is the effective date for thermal insulation mechanics, apprentices and helpers credentials, the department is considering drafting proposed rules modeled on other credentials and as mandated by 2009 Wisconsin Act 16.
- Bob Premo asked staff to develop a Q&A on vapor barriers relating to taping and sealing.

Next meeting and adjourn: The council’s next meeting will be Wednesday, August 4, 2010, [rescheduled to Wednesday September 1, 2010] at the Middleton Fire Station, 7600 University Ave., in Middleton. The contact is Larry Swaziek, 608- 267-7701, larry.swaziek@wisconsin.gov.

Wednesday, March 10, 2010, 9:30 a.m. to 2:30 p.m., Department of Revenue, Room 125, 2135 Rimrock Road, Madison, Wisconsin;

Council Member Attendance: Dennis Bauer - Present; Jeff Bechard - Present; David Dolan-Wallace - Present ; Tom Doleschy - Absent; Dan Gorski - Present; Robert Jakel - Present; Brian Juarez, Chair - Present; Steve Levine - Present; Mike Mueller - Absent; Frank Opatik - Present; Tom Palecek - Resigned; Robert Premo, Vice-chair - Present; Gary Ruhl - Present; Mary Schroeder - Present; Katie Stadtherr - Present; William Turner - Absent; John VandeCastle - Excused ; James Price alternate for Mike Wallace - Present.

Department of Comemrc Staff: Brian Ferris, Duane Hubeler, Norma McReynolds, Leroy Stublaski, Larry Swaziek

Guests: Steve Antholt, Department of Health Services; Bill Babcock, American Institute of Architects - Wisconsin; Norman Bair, Wisconsin Department of Administration, Bureau of Energy; Nick Berger, Department of Health Services; Kirk Gundahl, Structural Building Components Assoc.; Tom Johnson, Village of Grafton; Daniel McClung, Department of Health Services; Joe Nagan, Home Building Technology SVGS; Scott Satula, Village of Greendale; Pat Stevens, Wisconsin Builders Association; Pattie Stone, Metro Builders Association - Milwaukee;

Welcome, introductions and review of agenda
Chair Brian Juarez opened the meeting and asked council members and guests to introduce themselves. The agenda was accepted as written.

On MOTION (Opatik/Premo) the progress report from the November 4, 2009, meeting was approved as written.

Scope Statement: The department is working on a Scope Statement for the Uniform Dwelling (One and 2-Family) Code. As required by state statutes (s. 101.63), the department is required to biennially review chapters Comm 20–25. The Scope Statement is the first step in clarifying and drafting new language for the next code change package. As the department moves into the next code cycle, it will look for direction and active participation from the UDC Council as per section 101.62, Stats.

Carbon Monoxide Alarm Legislation: Senate Bill 415 (previously Assembly Bill 607) requiring carbon monoxide detectors to be installed in new and existing one- and 2-family dwellings has passed the legislature. Governor Jim Doyle will sign the bill into law this afternoon (March 10, 2010) and it will become effective in 13 months. The Ccuncil will be involved in developing implementation code language to be included in the UDC.

American Recovery and Reinvestment Act of 2009 (ARRA): To receive Wisconsin’s share of the $3.1 billion funding for the State Energy Program (SEP), the ARRA requires the state to adopt the most recent national energy code (for example, the 2009 IECC). Currently, the UDC is in compliance except for a couple of areas. The U.S. Department of Energy, Building Energy Code Program has published “Impacts of the 2009 IECC for Residential Buildings at State Level,” which compares each state’s residential code to the 2009 IECC. The publication is posted online at: http://www.energycodes.gov/implement/state_codes/reports/IECC2009_Residential_Nationwide_Analysis.pdf. February 25, 2009, Governor Doyle signed a letter of intent with the Secretary of the U.S. Department of Energy to improve building energy codes in Wisconsin in return for receiving federal SEP funds.

Visitability/Lifespan Housing: The council discussed if the visitability/lifespan housing code proposal presented by Steve Levine at its November 4, 2009, meeting should be included in the UDC. The standards would be voluntary and enforceable only if someone advertised the home as handicap accessible. This puts the proposal more in the realm of consumer protection. The council is committed to developing accessibility standards and asked staff to continue reviewing the visitability/lifespan housing proposal.

UDC activity update
Larry updated the council on the following implementations of the UDC:
The Miscellaneous Update Fix Up (MUFU) package: A public hearing was held in December on the MUFU package. Although the code package deals primarily with Comm 14, there are specific sections that affect the UDC such as repealing Comm 22.48(3)(d) relating to vapor retarders. The next step is to forward the package to the legislature for review.
Chapter Comm 22 and REScheck: The permanent rule requiring the use of REScheck software, Version 4.2.2 or later, will become effective April 1, 2010. The key is to use the most recent version and select Wisconsin Code 2009. The department also has a form online for contractors who do not use REScheck.

Two-Inch Foam on Basement Walls and Framing Issues 2-Inch Foam on Basement Walls and Framing Issues: The new energy requirements are requiring more insulation in the foundation. Staff is reviewing and developing framing details that allow the floor and wall framing to cantilever the foundation to accommodate the wall sheeting at the same plane as the foundation insulation. Larry distributed a document outlining the problem and examples of solutions. Staff will rework and post a final document on the department’s web site.

Smoke detector location - NFPA 72
Chair Brian discussed a concern relating to the proper location of a smoke detector. An issue that he mentioned was a flat ceiling adjacent to a peak ceiling (i.e., a bedroom hallway next to a great room). Brain proposed a UDC change that would reference NFPA 72 instead of the manufacturer’s installation instructions. The council asked staff to review NFPA 72, and recommended adopting by reference the national standard to ensure proper installation of smoke detection systems.

Permit expiration
Bob Premo asked the council to review the current language in section Comm 20.09 (9) (a) 5., which allows a permit to expire 24 months after issuance if the dwelling exterior is not completed. Because of the bad economy, more homes are sitting unfinished. Bob pointed out that the current language is vague and permissive and allows construction to continue over a long period of time without limitation. He recommended requiring the completion of the dwelling exterior within 24 months, and the completion of the entire dwelling including final inspection approval and obtaining a Certificate of Occupancy within 36 months.

During the ensuing discussion, council members brainstormed other suggestions including a “renewal” process. Pat Stevens of the Wisconsin Builders Association, asked the council if he could solicit comments from the builders. The council recommended placing Comm 20.09(9)(a)5 on the next meeting’s agenda for more discussion.

Stairway Ledges
Tom Johnson, of the Village of Grafton, distributed photographs of stairway ledges and asked for an interpretation of “guarding.” The UDC is silent about guarding open stairway ledges. After reviewing the photos and discussing the issue, the council recommended drafting proposed code language that establishes a guard system for a minimum open ledge width.
New lead paint regulations

The Wisconsin Lead-Safe Renovation Rules become effective April 22, 2010.
Steve Antholt, of the Department of Health Services (DHS) presented an overview of the new rules. He asked the council to include the lead certification number on the UDC building permit application form. The Council explained that UDC does not regulate pre-1978 dwellings and that several municipalities have their own forms. During the ensuing discussion, Bob Premo suggested DHS develop a cautionary statement affidavit that would include the name and certification number of the contractor doing the renovation and a signature line for the homeowner. After developing an example affidavit and an informational brochure, Steve will mail or email them to Larry, who will forward the materials to council members.

Light frame construction - fire safety
Kirk Grundahl, of Structural Building Components Assoc. in Madison, made a PowerPoint presentation on the impact of fire on light frame construction. He discussed how to balance “green” building with energy proposals and other costs including the death of citizens and fire fighters.

The meeting was adjourned.

Next Meeting: The Council’s next meeting will be all day Wednesday, May 12, 2010, [rescheduled to Wednesday June 9, 2010] at the Department of Revenue conference room [relocated to Middleton Fire Station, 7600 University Ave., Middleton, Wisconsin]. Contact Larry Swaziek, 608-267-7701, larry.swaziek@wisconsin.gov. with questions.

Wednesday, November 4, 2009, 9:30 a.m. to 2:30 p.m., Department of Revenue, Room 125, 2135 Rimrock Road, Madison, Wisconsin

Council Member Attendance: Dennis Bauer - Absent; Jeff Bechard - Present; David Dolan-Wallace - P; Tom Doleschy - Present; Dan Gorski - P; Robert Jakel - P; Brian Juarez - P; Steve Levine - P; Mike Mueller - P; Frank Opatik - P; Tom Palecek - Excused; Robert Premo - P; Gary Ruhl - P; Mary Schroeder - A; Katie Stadtherr - P; William Turner - A; John VandeCastle - P; Mike Wallace - P.

Dept. of Commerce Staff: Brian Ferris, Duane Hubeler, Norma McReynolds, Leroy Stublaski, Larry Swaziek

Guests: Norman Bair, Wisconsin Department of Administration, Bureau of Energy; Bob DuPont, Regulatory Guidance and Design; Joe Nagan, Home Building Technology SVGS; Ross Kinzler, Wisconsin Housing Alliance; Dave Raymond, Kaukauna Building Inspector; Pat Stevens, Wisconsin Builders Association; Pattie Stone, Metro Builders Association - Milwaukee; Peter Tonn, Silt Sock Erosion Control Products

Welcome, introductions and review of agenda
Chair Frank Opatik opened the meeting and asked council members and guests to introduce themselves. The agenda was accepted as written.

Review progress report from previous meeting
The progress report from the April 8, 2008, meeting was reviewed and approved as written.

Elect new chair and vice-chair
Duane Hubeler thanked Frank for serving as chair for two years, and then outlined the duties of the chair and vice-chair. The council unanimously elected Brian Juarez as chair and Bob Premo as vice-chair.

Administrative and legislative issues
Larry Swaziek and Duane Hubeler updated the council on the following:
- Budget constraints: The budget short-fall is one of the reasons the council has not met for about 18 months. Building construction is down and the department has scaled back in several areas. Staff has been required to take eight days of furlough in each of two fiscal years, FY 2010 and FY 2011, and there have been lay offs in the Safety and Buildings Division. During the ensuing discussion, council members voiced concern about the governor’s policy to pay for other state programs by lapsing revenue collected from “fees.” The council was concerned that the appropriated revenue had resulted in downsizing of UDC personnel and programs such as manufactured housing.

- UDC enforcement contract cancellation: Since 2005, the department has contracted with UDC inspection agencies to administer and enforce the 2003 Home Safety Act. The department has suspended these contracts as of December 1, 2009, and will assume the role as administrator.

The S&B Division, which is a registered UDC inspection agency, will use commercial building inspectors who will be trained to enforce the UDC in those municipalities that elect not to enforce the UDC. All plans will be submitted to the department’s Holmen office and inspections will be scheduled from there. Next steps in the transition include determining the fees and sending letters to the municipalities.

During the ensuing discussion, the council pointed to the short time frame and lack of communication. Members were concerned that thecouncil had not been involved in the decision and that the department was taking a step backwards. The purpose of the Home Safety Act is to ensure that all homes in Wisconsin will be inspected by certified inspectors. With the cancellation of the contracts, council members were apprehensive about the act being enforced properly or in a timely manner with only 12 building inspectors responsible for 340 municipalities. The issue of local control was also raised, with council members asking what other contracts and inspections would be assumed by the department.

- Building Contractor Registration (BCR): A hand out about the building contractor registration was distributed. During the ensuing discussion, council members were concerned about “policing” the one-person remodeling business and how the complaint process will be handled.

- New lead paint regulations: An emergency rule relating to requirements for conducting lead-safe renovation activities in pre-1978 housing and child-occupied facilities is effective October 19, 2009. The Department of Health Services is responsible for writing the Wisconsin’s rules, and a public hearing is set for November 18, 2009, to make the emergency rules permanent. The May 2009 of Journal of Light Construction contains a summary of the federal Environmental Protection Agency’s rules which the state’s rules have incorporated.

- Carbon monoxide alarms: Some legislative activity is going on to expand carbon monoxide alarm regulations to new and existing one- and 2-family dwellings. Currently, there are no requirements in the UDC for the installation of carbon monoxide alarms with the exception of dwellings licensed as tourist rooming houses. Council members will visit with their constituents and discuss the expansion of carbon monoxide alarm regulations at future meetings.

- Comm 21.115 Elevators: Effective January 1, 2009, elevators and power dumbwaiters installed in one- and 2-family dwellings will require departmental plan submittal and approval and product approval. A licensed elevator contractor must obtain a permit to install prior to actual installation of the elevator or dumbwaiter. A licensed elevator mechanic must do the work. Staff distributed a departmental letter that explains the process and the fees that will be accessed.

- Soil erosion: The 2009–2010 budget bill, Wisconsin Act 28, transfers as of January 1, 2010, erosion control for commercial buildings (Comm 60) to the Department of Natural Resource (DNR). Erosion control for one- and 2-family dwellings will stay at Commerce. Currently, DNR has jurisdiction over sites where one or more acres of soil are disturbed during construction. Staff are reviewing Comm 21 and may tweak some of the technical requirements relating to erosion control.

- Lumber grading: The 2007 Act 208 established a grading program that permits the milling and self-grading of dimension lumber to meet the requirements of the one- and 2-family dwelling code. UW-Stevens Point is offering a short course on November 18, 2009, on Wisconsin local-use dimension lumber grading at the Wood Lab. Additional courses will be offered and information about them can be obtained by contacting Bob Govett , 715-346-4821 or rgovett@uwsp.edu.

- IRC task group: An independent group is meeting to compare the UDC with the IRC. The 12-member task group represents inspector and builder associations and includes Scott Satula. Council members should contact Scott with questions.

Member issues
The League of Municipalities Building Inspectors and the Southeast Builder Inspectors Association have endorsed and are recommending the adoption of the International Residential Code as a model code. The League's Executive Committee recently voted unanimously to approve the inspectors’ resolution. The four inspector associations are polling their members to try to get more input on this topic. A task force (see IRC task group above) has been created to compare the UDC and IRC. The group hopes to conclude its work within the next six months.

UDC implementation update
Larry updated the council on the following implementations of the UDC:
- The Miscellaneous Update Fix Up (MUFU) package: The code package primarily deals with Comm 14, but there are specific sections that affect the UDC. The rule proposal is currently in the department secretary’s office, and the public hearing may take place in December. Staff distributed the sections that relate to the UDC including the repeal of Comm 22.38(3)(d) relating to vapor retarders.

- Wall bracing: Staff have been providing training to help implement the wall bracing provisions. Larry distributed a copy of a PowerPoint that he gave at the Lakeland Building Association. Because of budget constraints, S&B staff will provide training at a rate of $135 hour. The IRC wall bracing provisions are acceptable, and future plans include reprinting them in the UDC appendix.

- Comm 22 and REScheck - An emergency rule became effective September 5, 2009, that requires the use of REScheck software, version 4.2.2 or later, to calculate compliance with the dwelling thermal requirements. A public hearing was held October 21, 2009, with comments due November 4. The emergency rule and amendment are necessary because any version before 4.2.2 does not support the requirements of Wisconsin’s energy code, Comm 22.

- Vapor retarder: The MUFU (see above) proposed rules package repeals Comm 22.48(3)(d) relating to vapor retarders. Staff are developing a Q&A on how to handle vapor retarders.

- Manufactured home installation: The “Manufactured Home Installation Manual” was revised as of November 4, 2009, and is available on the S&B Division WebSite. Page 6 of the manual contains a major change in pier configuration that is detailed in Figure 1. Figure 2 on the same page provides additional details about what materials can be used. Also, the department has developed an acceptable slab design for single-section and multiple-section pier-supported manufactured homes that will be posted on the web site.

Visitable / lifespan housing
Council member Steve Levine discussed his October 23, 2009, memo and code proposal relating to visitable / lifespan housing. The memo and proposal were emailed October 28, 2009, to council members. More than two years ago, the council approved Steve drafting accessibility rules for one- and 2-family housing. Although the proposed rules are voluntary, they would establish the visitable or lifespan living standards for building or selling an accessible home. Steve hopes to follow up the rules with legislation providing tax credits or stimulus money for contractors or owners who make homes accessible.

Council members thanked Steve for developing the proposed rules, and made the following suggestions:
- Doors that are 36 inches wide instead of a 34 inches because that is a standard size door.
- A bathing area that is accessible, and this may be covered in the “unobstructed access to all fixtures” language.
- Add “alteration” or “addition” so the rules apply to both new and upgraded construction.
-Include stairway width and space for a lift or elevator in a 2-story building.

The council unanimously approved the concept and proposed rules. The department will prepare the final draft code language to share with the council.

Radon appendix
Conrad Weiffenbach of the Department of Health Services (DHS) reviewed radon information for Wisconsin. Council members were emailed October 28, 2009, a link to view www.lowradon.org. Conrad’s PowerPoint presentation and information packet about radon risk focused on building construction that would impede radon including a system (Appendix F) developed by the International Residential Code (IRC). He asked the council to consider adding a section on radon to the UDC appendix.

Discussion ensued. Currently, radon prevention is voluntary and when contractors build homes with radon-resistant features, they refer to DHS standards or other published options.

John VandeCastle recommended putting an addendum in the UDC appendix that references the DHS Web site and Appendix F of the IRC. The council will continue the discussion at future meetings.

Light frame construction – fire fighter safety
Ed Ruckriegel and Dave Peterson of the Madison Fire Department discussed light frame construction and the problems relating to fire fighter safety. They distributed copies of the July/August 2009 NFPA Journal article that points to issues with lightweight engineered materials and fire and increased fatalities and injuries of firefighters. The article references an August 13, 2006, Green Bay incident where firefighters arrived on the scene four minutes after the fire was reported. About seven minutes later, the first floor, which used lightweight materials collapsed, killing one firefighter and injuring another.

Ed asked the Council to revisit fire fighter safety and protecting residences built with lightweight engineered materials by requiring either the installation of 5/8-inch drywall on the underside of the light frame construction or the installation of sprinklers.

The council will discuss the impact of fire on lightweight construction and possible solutions at future meetings.

Smoke alarms and existing homes
Ed reported on a problem with smoke alarms in existing homes. Although Wisconsin’s current standards are similar to other states, he recommended expanding the UDC to include smoke alarms in existing buildings.

Because of five fatalities in 2007 in Madison, new smoke alarms are required to be installed by August 2009 for apartments and by August 2010 for single-owner homes. The fire department recommends using smoke alarms which are powered by 10-year lithium batteries and that are tamper resistance. The alarms would be replaced on a 10-year cycle. Ed distributed a hand out containing fire data relating so smoke alarms.

Questions and general discussion
The council recognized and thanked Frank for serving as chair for two terms.

Next meeting and adjourn
The council will resume meeting quarterly with the next meeting set for the second Wednesday of February, 2010. Staff will reserve the Department of Revenue conference room.

The meeting adjourned. The council’s next meeting will be all day Wednesday, February 10, 2010. Contact Larry Swaziek, 608-267-7701 or larry.swaziek@wisconsin.gov.

Thursday, November 15, 2007, 9:30 a.m to 2:30 p.m., Howard Johnson Hotel, 3841 East Washington Avenue, Madison, Wisonsin

Council member Attendance: Allan Bachmann - Absent; Jeff Bechard- Present; David Dolan-Wallace - Present; Tom Doleschy - Present; Dan Gorski - Present; Robert Jakel - Present; Brian Juarez - Present; Steve Levine - Excused; Mike Mueller - Excused; Frank Opatik - Present; Tom Palecek - Excused; Bob Premo - Present; Gary Ruhl - Present; Mary Schroeder - Present; Katie Stadtherr - Present; William Turner - Absent; John VandeCastle - Present; Mike Wallace - Present

S&B staff attending: Duane Hubeler, Larry Swaziek, Leroy Stublaski, Lynita Docken

Vistors: Steve Mayhew, Weyerhaeuser; Patty Stone, Metro Builders Association; Doug Oomens, Simpson Strong Tie; Norman Bair, state Dept. of Administration, Bureau of Energy; Ross De Paola, Westlab; Joe Nagan, Energy Consultant

Administrative issues:
- The Progress Report from the last meeting was approved.
-Erosion and Sediment Control Update: Lynita Docken gave a short presentation on upcoming changes to the erosion control and storm water management requirements. The Department of Natural Resources is updating chapter NR 151. The complete draft should be on their Web site. There are new definitions for "connected imperviousness" and "TMDL" or Total Maximum Daily Load. The percentage of erosion reduction applies only to the area of land disturbance but the code will be clarified to include runoff from adjacent sites in calculations and designed mitigation procedures. Various minimum setbacks from wetlands are also modified.

Legislative Action Update
- Larry Swaziek gave a summary of recent legislative actions that affect the UDC program. 2005 WI Act 200 and supplementary Act 14 cover continuing education for contractors. The financial responsibility part of contractor certification will remain unchanged. A new category called "Dwelling Contractor Qualifier" was created to address the continuing education requirements. Every UDC contractor company needs to employ at least one Qualifier. The Qualifier credential goes with the individual who applies for it. It will be on a 2-year cycle, while the financial responsibility will remain on a one-year cycle. The continuing education will be 12 hours every two years.

- 2005 WI Act 456 has not been amended to exempt elevators and similar conveyance systems in 1-2 family dwellings from requirements to have a renewable Permit to Operate and to have inspections by certified elevator inspectors. The department may be able to alter the definition of the term "conveyance" to exempt 1-2 family dwellings.

Training
- The schedule for the winter training sessions put on by the four inspector associations is now available. The sessions begin the week of January 28, 2008 and extend through March 20. There was some discussion over whether to include these proposed changes since they will not be effective until later in 2008. The consensus was that the proposed changes should be included with clear disclaimers that they are not yet effective.

Member Issues
- Three topics were brought up for future discussion:
• requiring occupancy permits in the UDC;
• allowing municipalities to require certain designs to be stamped or sealed by an architect or engineer; and
• increasing the allowance for non-uniformity in a stairway to go to 3/8-inch (up from the current 3/16-inch).

General Code Draft Review
- Duane Hubeler and Larry Swaziek led a discussion on general topics with proposed revisions to chapters Comm 20 and 21. Among the topics reviewed, under chapter Comm 20 were:
• issues related to the scope of the code under s. Comm 20.02;
• the definition of "attached" under s. Comm 20.07; and
• the order and extent of required inspections under s. Comm 20.10.

- The chapter Comm 21 discussion included the following topics:
• automatic fire sprinklers in lieu of the second stairway exit for habitable third or fourth floors under s. Comm 21.03;
• the use of strung cable for guardrail infill under s. Comm 21.04;
• clarifying the placement of drain tile at a walk out basement under s. Comm 21.17;
• wind bracing under s. Comm 21.25;

-There was further discussion on the totally rewritten chapter Comm 22. There will be further internal discussion to determine if the available REScheck software programs fully support all the proposed code requirements.

- Chapter Comm 23 discussion involved the following topics;
• outdoor, wood-burning boilers;
• water heaters used for space heating; and
• duct support requirements;

The department will accept comments on the draft presented at the council meeting until December 21, 2007. Those comments would be considered when developing the final draft that will be going to hearing. The next council meeting will take pace after the hearing. At that meeting the department will share the results of the hearing. The department will present the suggested agency responses to the hearing comments and get input from the council members.

Wednesday, June 13, 2007, 9:30 a.m. to 2:30 p.m., Howard Johnson Plaza Hotel, 3841 East Washington Avenue, Madison, Wisconsin.

Council Member Attendance: Allan Bachmann, A; Jeff Bechard, A;David Dolan- Wallace, P; Tom Doleschy, P; Dan Gorsk, P; Robert Jake, P; Steve Levine, P; Mike Mueller, P; Dan Nowak, P; Frank Opatik, P; Tom Palecek, P; Gary Ruhl, E; Mary Schroeder, P; Katie Stadtherr, P; William Turner, A; John VandeCastle, P; Mike Wallace, E.

Staff Attendance: Duane Hubeler, Larry Swaziek, Leroy Stublaski

Visitors: Steve Mayhew, Weyerhaeuser; Patty Galle, Metro Builders Association; Tim Semmann, Wisconsin Builders Assoc; Norman Bair, state Department of Administration, Bureau of Energy; Ross Kinzler, Wisconsin Housing Alliance; Joe Nagan, Energy Consultant; Karyn Beebe, APA; Dave Osborne, Conserv Products.

Administrative Issues: The Progress Report from the last meeting was approved.

Legislative Action Update: Larry Swaziek gave a summary of recent legislative action that will affect the UDC program.

2005 WI Act 45 is the manufactured home licensing and inspection law. It required licensing of manufactured home installers as of January 1, 2007 and required inspection of manufactured home installation effective April 1, 2007. The federal rules, which are adopted in this Act require an engineer or architect to design slab on grade foundations for manufactured homes. Since the UDC generally prohibits requiring professional design, an acceptable slab design has been put on the Commerce website.

2005 WI Act 200 covers continuing education for contractors. The financial responsibility part of contractor certification will remain unchanged. A new category called "Dwelling Contractor Qualifier" will be created to address the continuing education requirements. It will be on a 2-year cycle, while the financial responsibility will remain on a one-year cycle. The continuing education will be 12 hours every 2 years.

2005 WI Act 456 may be amended so elevators in 1-2 family dwellings are exempt from the special inspection requirements.

SB (Senate Bill) 28 regarding alternate means for lumber grading appears to be in limbo.

AB (Assembly Bill) 231 dealing with removing the superinsulation requirement for electrically-heated homes has not yet been introduced in the senate.

Dwelling Unit Accessibility: Steve Levine reported that he would like to have a builder from outside the Madison or Milwaukee areas to serve on a committee to develop a definition for accessibility.

General Code Draft Review: Duane Hubeler and Larry led a discussion on general topics with proposed revisions to chapters Comm 20 and 21. Among the topics reviewed under chapter Comm 20 were:
- Issues related to the scope of the code under s. Comm 20.02;
- The definition of "attached" under s. Comm 20.07; and
- The order and extent of required inspections under s. Comm 20.10.

Among the topics reviewed under Chapter Comm 21 were:
- Exits above the second floor under s. Comm 21.03;
- Interior circulation in kitchens under s. Comm 21.03 (8);
- Smoke detectors in dwellings with no electrical service under s. Comm 21.09;
- Corrosion resistance for fasteners in treated wood under s. Comm 21.10;
- Llateral restraint of wood beams under s. Comm 21.22 (3);
- Drainage plane or water-resistive barrier requirements under s. Comm 21.24 (4);
- Braced wall lines under s. Comm 21.25; and
- Uupdated masonry requirements under s. Comm 21.26.

Joe Nagan gave a presentation on the new versions of Res Check that will support the new energy code we will be adopting. It appears that we will have to revert to having 2 envelope designs in Wisconsin as is required under the 2006 IECC. While the differences for the 15 northern counties are minimal (R-21 vs. R-19 for wood frame walls and R-19 vs. R-15 for mass walls), Res Check will not allow the zones to be merged unless we take the higher of the 2 R-values for the entire state. It is also important to note that once the new energy requirements are in place, the old versions of Res Check will be obsolete. We'll have to use version 4.1.0 or later to address the new requirements.

Larry Swaziek closed the meeting by stating that the department did not plan on having another face-to-face meeting with the council to go over the draft before hearing. Instead of the face-to-face meeting the department will send the next iteration of the draft, that incorporates the suggested modifications discussed at this and past council meetings, to the council members via e-mail. The members then would be given time to review the draft and submit comments. The department would then modify the draft, as appropriate, based on the comments received and then take that to hearing. Council members, as with the general public, would see the draft when it is published for hearing. Larry thought the next draft for review would be sent out around the middle of July.

Next Meeting: The next meeting time and location are yet to be determined.

Wednesday, May 2, 2007, 9:30 a.m. to 2:30 p.m., Lussier Family Heritage Center, 3101 Lake Farm Road, Madison, Wisconsin

Council Member Attendance: Allan Bachmann, P; Jeff Bechard, P;David Dolan- Wallace, P; Tom Doleschy, P; Dan Gorsk, P; Robert Jake, P; Steve Levine, P; Mike Mueller, P; Dan Nowak, P; Frank Opatik, P; Tom Palecek, E; Gary Ruhl, P; Mary Schroeder, P; Katie Stadtherr, P; William Turner, A; John VandeCastle, P; Mike Wallace, P.

Staff Attendance: Duane Hubeler, Larry Swaziek, Leroy Stublaski

Visitors: Steve Mayhew, Weyerhaeuser; Patty Galle, Metro Builders Association; Tim Semmann, Wisconsin Builders Assoc; Norman Bair, state Department of Administration, Bureau of Energy; Ross Kinzler, Wisconsin Housing Alliance; Joe Nagan, Energy Consultant; Karyn Beebe, APA; Mary Meunier, state Department of Administration, Bureau of Energy.

Administrative Issues: The Progress Report from the last meeting was approved.

Accessibility Issues: Steve Levine recommended that a subcommittee draw up a list of what constitutes accessible housing. He also recommends that the list be used as a definition in the UDC. A second aspect of the proposal would be to support legislation for a tax break for building dwellings that meet the definition. Steve made a motion to get UDC Council support for such legislation. Vande Castle seconded. The motion carried. Steve stated that accessibility features such as a flat entrance, wider hallways, reinforced walls, etc., typically add about 1.5% to the cost of a dwelling.

Manufactured Home Rules Update: Larry Swaziek reviewed the code application matrix that he developed for manufactured homes. Installers had to be registered with Commerce as of January 1, 2007. The rules for installation and inspection were effective as of April 1, 2007. The application of a particular code or rule depends entirely on the production date of the manufactured home – not the delivery date, purchase date or installation date. An issue that still needs to be decided is if a slab is installed with no home, when does the inspector require the permit, fees, seal and inspections? Unlike the federal rules, the UDC prohibits an inspector from requiring an architect or engineer to stamp or seal the slab design plans.

New UDC Appendix: Larry announced that a new appendix will be printed with the new soil erosion and stormwater rule changes. The appendix will include the new DNR standards for the various methods of soil erosion control.

Multi-Family Construction Using the UDC: Larry led a discussion of problems we are encountering with the building of multi-family dwellings and hotels/motels consisting of 3 or more dwelling units using the UDC. Essentially, the claim is that several zero-lot-line duplexes are being built and joined under one roof. This appears to be a violation of state law as well as the building codes as these would still be considered commercial buildings. The department has a policy posted on the Safety & Buildings Div. Commercial Buildings Q & A webpage that defines separate buildings. We will look at codifying this definition in the UDC.

General Code Draft Review: Duane Hubeler and Larry led a discussion on general topics with proposed revisions including Chapter Comm 22 Energy Provisions and further refinements on wind bracing. These proposals will be incorporated into the overall code change draft.

Next meeting: The next meeting will be Wednesday, June 13, 2007 at a location to be determined.

Wednesday, February 21, 2007 , 9:30 - 2:30, Lussier Family Heritage Center, 3101 Lake Farm Road, Madison, Wisconsin

Council Member Attendance: Allan Bachmann - Present; Jeff Bechard - Excused; David Dolan-Wallace - Present; Tom Doleschy - Present; Dan Gorski - Present; Robert Jakel - Present; Steve Levine - Present; Mike Mueller - Present; Dan Nowak - Present; Frank Opatik - Present; Tom Palecek - Present; Gary Ruhl - Present; Mary Schroeder - Present; Katie Stadtherr - Present; William Turner = Absent; John VandeCastle - Present; Mike Wallace - Present

Staff Attendance: Duane Hubeler, UDC Consultant, 608- 266-1390 Fax 608-283-7457; Larry Swaziek, Program Manager, 608-267-7701 Fax 608-264-8795; Leroy Stublaski, UDC Consultant, 608-339-4657 Fax 608-283-7428

Visitors: Steve Mayhew, Weyerhaeuser; Patty Galle, Metro Builders Association; Jane Witt, Wisconsin Builders Assoc.; Norman Bair, Wisconsin Department of Admiistration, Bureau of Energy; Ross Kinzler, Wisconsin Housing Alliance; Dave Osborne, Conserv Products

Administrative Issues: The Progress Report from the last meeting was approved.

Manufactured Home Rules Update
Larry Swaziek reviewed the implementation dates for the manufactured home update. Installers have to be registered with Commerce as of January 1, 2007. The rules for installation and inspection will be effective as of April 1, 2007. Manufactured homes with a manufacture date on or after April 1 will need a UDC permit, a $25 UDC seal, and inspections of the installation. The current Comm 27, Manufactured Homes, will be repealed effective April 1, 2007. Installation standards and inspections will be standardized around the state.

Erosion and Stormwater Rules Update
Everyone planning to disturb soil for the construction of a building needs an erosion and sediment control (ESC) plan. This is no change from the current requirement. If less than an acre of soil will be disturbed, a stormwater control plan is not required.

If an acre or more of land will be disturbed for the construction of a 1-2 family dwelling, a notice of intent (NOI) must be filed with Commerce. The UDC permit application form will be modified to serve as the NOI for this purpose. A stormwater control plan is also required.

If land disturbance of an acre or more is related to non-UDC construction, (a long driveway with no dwelling, an agricultural building, or a subdivision or similar residential development site) the NOI must be submitted to the DNR. (A commercial building covered under Commerce codes would have the NOI submitted to Commerce.)

Training Update
The spring training sessions put on by the inspector's associations have been scheduled and completed. The Wisconsin Housing Alliance has done training for installers and will also be providing training for UDC inspectors.

Plans are underway to require dwelling contractors to designate a contractor qualifier from their firm who will be responsible for getting the required continuing education credits. Municipalities and inspection agencies will be prohibited from issuing permits unless the qualifier identification is provided. For people just getting their certification, they will need 12 hours of education and an exam before getting the certification. Continuing education requirements will be 6 hours per year. Courses for this purpose will need prior approval from Commerce and should be listed or linked on our web site.

Accessibility Issues
Steve Levine presented a proposal to increase the supply of accessible housing. The proposal would entail a definition in the UDC of what constitutes accessible housing and prohibit a dwelling from being advertised as accessible unless the definition is met. The second aspect of the proposal would be to support legislation for a tax break for building dwellings that meet the definition. Accessibility features such as a flat entrance, wider hallways, reinforced walls, etc. typically add about 1.5 percent to the cost of a dwelling.

ISO and the IRC
Larry Swaziek led a discussion on the implications of municipal ratings issued by the Insurance Services Office (ISO). ISO will not give high ratings to municipalities unless they adopt a building code that is substantially similar to a more recent issue of the International Residential Code (IRC). They have determined the UDC is not comparable to the IRC. The Council debated the importance of the ISO rating in determining insurance rates. Some members doubt there is any substantial correlation between ISO ratings and insurance rates. Some members resented the perceived coercion on the part of ISO to force acceptance of a different code. This topic will be discussed in much more depth in the future.

GENERAL CODE DRAFT REVIEW
Duane and Larry led a discussion on general topics with proposed revisions including Chapter Comm 22 Energy Provisions and further refinements on wind bracing. These proposals will be incorporated into the overall code change draft.

Next Meeting: The next meeting will be Wednesday, May 2, 2007 at the Lussier Family Heritage Center, 3101 Lake Farm Road, Madison, Wisconsin.

Wednesday, November 1, 2006, 9:30 a.m. to 2:30 p.m., Lussier Family Heritage Center, 3101 Lake Farm Road, Madison, Wisconsin

Council Member Attendance: Allan Bachmann Present; Jeff Bechard Present; Ken Dentice Present; David Dolan-Wallace Present; Tom Doleschy Excused; Dan Gorski Excused; Robert Jakel Present; Steve Levine Present; Mike Mueller Present; Dan Nowak Present; Frank Opatik Present; Tom Palecek Present; Gary Ruhl Present; Mary Schroeder Present; Katie Stadtherr Present; William Turner Absent; John VandeCastle Present; Mike Wallace Present

Wednesday, April 26, 2006, 9:30 a.m. to 2:30 p.m., Revenue Building, 2135 Rimrock Road, Madison, Wisconsin
Council Member Attendance: Allan Bachmann - Present; Jeff Bechard - Excused; Ken Dentice -Present; David Dolan-Wallace - Present; Dan Gorski - Present (Dave Osborne, alt.); Robert Jakel - Present; Steve Levine - Present; Dan Nowak - Present; Frank Opatik - Present; Tom Palecek - Present* (Chris Machten, alt.); Bill Roehr - Excused; Gary Ruhl - Present; Mary Schroeder - Present; Katie Stadtherr - Present; William Turner- Absent; John VandeCastle - Present; Mike Wallace - Present; Paul Welnak - Excused.
Staff Attendance: Duane Hubeler, UDC Consultant; Larry Swaziek, Program Manager; Leroy Stublaski, UDC Consultant.
Visitors: Steve Mayhew, Weyerhaeuser; Patty Galle, Metro Builders Association; Tim Semmann, Wisconsin Builders Assoc.; Norman Bair, Dept. of Administration; Scott Mathie, Metro Builders Association; Chuck Greening, Inspector.
Administrative Issues: The meeting summary from the last meeting was approved with one clarification. Dave Osborne stated that the wind bracing proposal presented by APA-The Engineered Wood Association did not represent the consensus of the IRC Ad Hoc group on structural sheathing.
Manufactured Homes Update
Larry Swaziek gave a brief report on the manufactured home legislation and associated code development. The new Manufactured Housing Code Council met on May 16 to go over the code draft and make recommendations. A code draft will be supplied to the UDC Council. Anyone installing a manufactured home after January 1, 2007 needs a license from Commerce. However, there are still no federal installation standards to base the license on. Inspection requirements will be effective on April 1, 2007.
Wisconsin Act 200 - Education for Builders
In order to take out a one- and two-family dwelling building permit on or after January, 1, 2008, a dwelling contractor will need to prove they have had six hours of education. Anyone obtaining the dwelling contractor certification after April 11, 2006, will need to take a prerequisite education course and exam to renew their certification. There are many issues yet to be resolved in the code writing process. Among the issues is how to coordinate the existing dwelling contractor certification (not necessarily issued to individuals) with an individual continuing education requirement.
Code Effective Date
Larry reviewed the large number of bills proposed by the legislature, which would have an effect on the UDC. Some of the topics involved: residential elevator inspection, religious sect exemption, builder-owner complaint adjudication, code exemptions for insulated concrete forms (ICF), and the building inspector oversight board. Whether or not a bill becomes law, it requires a substantial time commitment from the department. The ones that do become law require a much greater time commitment. The unusually high number of these bills this session has made it difficult to get the code draft developed in time for public hearings prior to the August 31 legislative submittal deadline. The Council recommended a one-year delay for the proposals currently under discussion.
Energy Code Pilot Project
Norman Bair from the Energy Office in the state Department of Administration presented a proposal for an energy pilot project that came about as a recommendation from the Governor's Task Force on Energy Efficiency and Renewables. Essentially, the project would monitor whether an inspector, who also has considerable experience in energy issues (such as with a Wisconsin Energy Star certification), could get involved early in a project and make recommendations during the construction process. Some issues to be resolved before or during the pilot project include possible conflict of interest because the inspector would be inspecting construction that he/she had a hand in designing. DOA and Commerce will be jointly working on this pilot project and will be establishing a workgroup to establish the parameters for the pilot program. Members of the council were extended an invitation to be a part of this workgroup.
General Code Change Proposals
The majority of the meeting was spent reviewing the code change draft. Some of the topics that were discussed included: interior circulation and the definition of "common use area", municipal record keeping requirements, safety glazing, and non-rigid guardrail infill spacing.
Next Meeting: The next meeting will be at 9:30 a.m., Wednesday, August 2, at the state Department Revenue Building, 2135 Rimrock Road, Madison, Wisconsin.

Tuesday, March 7, 2006, 9:30 a.m. to 2:30 p.m., Revenue Building, 2135 Rimrock Road, Madison, Wisconsin
Council Member Attendance: Allan Bachmann Absent; Jeff Bechard Present; Ken Dentice Present; David Dolan-Wallace Present; Dan Gorski Absent; Robert Jakel Present; Steve Levine Present; Dan Nowak Present; Frank Opatik Present; Tom Palecek Present; Bill Roehr Present; Gary Ruhl Present; Mary Schroeder Absent; Kathy Stadtherr Present (Brian Walter, alt.); William Turner Absent; John VandeCastle Present; Mike Wallace Present; Paul Welnak Excused.
Staff Attendance: Duane Hubeler, UDC Consultant; Larry Swaziek, Program Manager; Leroy Stublaski, UDC Consultant.
Visitors: Karyn Beebe, APA; Ray Norton, Independent Inspections; Tim Semmann, Wisconsin Builders Assoc.; Dave Osborne, Conserv Products; Will Warlick, WTCA
Administrative Issues: The Progress Report from the last meeting was approved with one amendment. Tim Semmann was erroneously listed as being present at the 1/17/06 meeting.
Manufactured Homes Update
Larry Swaziek gave a brief report on the manufactured home legislation and associated code development. There have to be clear definitions on what constitutes a manufactured home, a manufactured dwelling, and a hybrid. A hybrid is a low-end manufactured dwelling that may be installed on the frame with the wheels removed. Several coordination issues must be addressed when a HUD home is put on a UDC basement. For instance, HUD uses the 1993 edition of the National Electrical Code, while the UDC uses the 2005 edition. HUD requires a 2-inch plumbing stack, while the UDC requires a 3-inch stack. HUD requires 30-inch interior doors while the UDC requires a 36-inch wide stairway. There also has to be a method of dispute resolution. Chapter Comm 5 will have to be updated, as well, for the inspector and installer certifications. A new Council has been appointed to assist with the code development, but it has not met yet.
Erosion Control and Storm Water Management
Soil disturbance of more than one acre will require compliance with the new rules, which we hope to have effective in early 2007. An erosion and storm water plan will be required, but it will be in the form of a checklist. Training is ongoing for inspectors. For 1-2 family dwellings, the Wisconsin Uniform Building Permit will serve as the required Notice of Intent. Training will be provided by a variety of sources for builders and other interested parties.
Commerce will begin auditing municipalities for soil erosion compliance in the near future.
General Code Change Proposals
The majority of the meeting was spent reviewing the code change draft. A revised draft will be reviewed at the next meeting with the goal of holding public hearings on the final changes sometime this summer. Because this is an election year, rules cannot be submitted to the legislature between August 31, 2006 and the next legislative session beginning in January of 2007.
Wall Bracing
Karyn Beebe of APA presented a proposal for wind bracing. This proposal reflects the requirements set forth in the current edition of the International Residential Code (IRC). This proposal also incorporated some changes that an IRC Sheathing Ad Hoc Task Group recommended be submitted as a code change proposal for the next iteration of the IRC.
The UDC has only very basic requirements that assume a one-story attached garage structure that does not extend beyond the walls of the house. For more complex designs a more sophisticated bracing plan is required. The proposal that was presented was more complex than the UDC. The proposal provides more options when determining the required bracing such as use of materials other than just let- in bracing or wood panels. It also permits the use of additional prescriptive design methodologies that is beyond the UDC.

Commerce will review both this bracing proposal and the bracing proposal presented on October 25, 2005 and develop code change language for review by the council. More discussion will follow on this topic.
Next meeting: Wednesday, August 2, 2006

Council member attendance: Allan Bachmann Absent; Jeff Bechard Present; Ken Dentice Present; David Dolan-Wallace Present;
Dan Gorski ; Present; Robert Jakel Present; Steve Levine Excused; Dan Nowak Present; Frank Opatik Present; Tom Palecek Present;
Bill Roehr Absent; Gary Ruhl Present; Mary Schroeder Present; Kathy Stadtherr Present; William Turner Absent; John VandeCastle Present; Mike Wallace Absent; Paul Welnak Present
Staff attendance:D uane Hubeler, UDC Consultant, Ph. 608-266-1390, Fax 608-283-7457; Larry Swaziek, Program Manager, Ph. 608-267-7701 Fax 608-264-8795; Leroy Stublaski, UDC Consultant, Ph. 608-339-4657 Fax 608-283-7428
Vistors: Karen Beebe, APA; Ray Norton, Independent Inspections; Tim Semmann, Wisconsin Builders Assoc.; Scott Mathie, Metro Builders Association; Mary Meunier, Wisconsin Dept. of Administration
Administrative Issues: The meeting summary from the last meeting was approved.
Garage Wall Bracing
Larry Swaziek stated that the enhanced inspection of the garage wall bracing would be delayed until the code is update in 2007. He reiterated that the controversy involves only the bracing of a one-story garage wall. In addition to the NAHB proposal that we reviewed at the last Council meeting, APA is proposing a change to the wall bracing provisions of the IRC that we may consider for inclusion in the UDC.
Erosion Control and Storm Water Management
There was a public hearing held on January 18, 2006 on the rule proposals for soil erosion and storm water management. The required Notice of Intent (to disturb soil) will be incorporated into the UDC permit process. The requirement for a post-construction storm water management plan may be phased in over time. The rules are expected to be effective no later than Jan 1, 2007.
Member Issues
Several Council members wanted more access to the UDC-TECH archives. This is the email address for the general public to ask UDC-related questions. Questions are answered via email and added to the archives by code section. Staff will research options for making this more accessible. The issue of consistency of answers was also brought up. This was never a problem when there was only one consultant. Now there are four and consistency is becoming a problem.
There was also a recommendation to address the issue of hardware compatibility with the new wood-preservative treatments under s. Comm 21.10, placement of smoke detectors in basements and fastening of sill plate to garage foundation and sill plate to sole plate. More research is needed.
Model Energy Code Review
Duane Hubeler presented the 2006 residential energy requirements from the International Energy Conservation Code (IECC). This version is considerably simplified from the "overall U-value" version that we use now in conjunction with the RESCHECK computer program, or the manual energy worksheet. The new version would specify a minimum R-value for the various components (frame walls, basement walls, roof/ceilings, cantilevered floors, etc.) and give maximum U-values for fenestration components. If these cannot be met, the option still exists to use the overall U-value concept. The Council was generally in favor of the simplified concept but wants to see it in UDC code language prior to making a final recommendation. The Council agreed to a proposal to make the entire state into one zone. Under the IECC, 15 northern counties would be placed in a zone that would require slightly higher R-values for "mass walls", such as ICF's and solid log walls. The Council recommended making the entire state into one zone to improve consistency.
General Code Change Proposals
The majority of the meeting was spent reviewing the initial code change draft that was begun two meetings ago. A revised draft will be reviewed at the next meeting with the goal of holding public hearings on the final changes sometime this summer or early fall.
Next Meeting: Tuesday, March 7, 2006, 9:30 a.m., state Revenue Building, 2135 Rimrock Rd., Madison, Wisconsin. The following meeting will be Wednesday, April 26, also at the Revenue Building.

Tuesday, October 25, 2005, 9:30 a.m. to 2:30 p.m., Revenue Building, 2135 Rimrock Road, Madison, Wisconsin
Council Member Attendance: Allan Bachmann - Present; Jeff Bechard - Present; Ken Dentice - Present; David Dolan-Wallace - Present; Dan Gorski - Present; Robert Jakel - Present; Steve Levine - Present; Dan Nowak - Present; Frank Opatik - Present (Lee Seis, alt.); Tom Palecek - Present (Chris Macht, alt.); Bill Roehr - Present; Gary Ruhl - Present; Mary Schroeder - Present; Kathy Stadtherr - Present; William Turner - Absent; John VandeCastle - Present (Dave Osborne, alt.); Mike Wallace - Present; Paul Welnak - Present.
Department of Safety and Professional Services staff attendance:Duane Hubeler, UDC Consultant Ph. (608)266-1390 Fax (608)283-7457; Larry Swaziek, Program Manager Ph. (608)267-7701 Fax (608)264-8795; Leroy Stublaski, UDC Consultant Ph. (608)267-5113 Fax (608)283-7428; Brian Ferris, Section Chief, Inspection Ph. (608)785-9335 Fax (608)785-9330; Tom Kasper, Section Chief, UDC Ph. (608)267-5687 Fax (608)267-9566
Visitors: Mike Coello, Private Contractor; Steve Mayhew, TrusJoist; Tim Semmann, Wisconsin Builders Assoc.; Scott Mathie, Metro Builders Association; Norman Bair, Wisconsin Dept. of Administration
Administrative issues: The Progress Report from the last meeting was approved.
Al Bachmann was elected vice-chair of the UDC Council to replace Brian Walter whose term is up.
Home Safety Act Update: Audits of the 25 state-contracted inspection agencies are continuing. Municipalities are continuing to adopt and enforce the code themselves.
Manufactured Homes Update: Larry Swaziek gave a summary of a code development project that is underway relating to uniform installation standards for manufactured (mobile) homes. 2005 WI Act 45 has been signed into law, so the department is required to proceed with the program and code changes. The actual construction of manufactured homes is regulated by a federal HUD standard that preempts all state regulations. The scope of our current program is limited to dispute resolution regarding the manufactured home itself. The plan to implement the new law change is for the installer licensing rules to be added to chapter Comm 5 and the federal HUD installation rules to be added to a separate section of chapter Comm 20 of the UDC. There is a specialty code council working on the rules and program recommendations. The Council will get an opportunity to review the rules in detail at a later meeting. There are approximately 2,000 to 3,000 HUD homes installed in Wisconsin each year. There are also technical coordination issues, such as how to connect a UDC basement stairway at 36 inches wide minimum to a HUD doorway, which may be only 22 inches wide. The current plan is to allow existing UDC certified inspectors and inspection agencies to conduct the HUD installation nspections.

Member Issues: Brian Walter recommended that the council discuss the following issues: 1) whole-house fans and the possibility of backdrafting fireplaces and gas-fired appliances; and 2) compliance statements, signed by the contractor, in lieu of inspections. Dan Nowak brought up the following issues: 1) Is one smoke detector enough in a basement with completely separated finished and unfinished areas- and 2) the difficulty in inspecting vapor retarders, particularly under floor slabs. Mary Schroeder wanted the following items considered: 1) Should all sill plates that rest on concrete be pressure-treated, regardless of the (initial) height above grade, since the final height above grade is so variable- and 2) Are there any legitimate limitations on when a basement floor may be poured-
Elements of Universal Design and Visitability: Steve Levine shared information sources he has found relating to universal design issues. Mary Schroeder agreed to track down documents from National Association of Home Builders on aging in-place. "Independence First" is a Milwaukee-area organization with extensive experience with home remodeling. There may be problems incorporating guidelines of this type into the UDC since the code cannot be a design manual and there is such a range of both disabilities and solutions that uniformity would be very difficult. Suggestions were made to consider this in neighborhood rehab programs or as part of subdivision zoning requirements. The Energy Star program may be a model to use for voluntary contractor certification.
No decision has been made on whether, or to what extent, this will be incorporated into the UDC. The Council will continue to share information and discussions will continue.
Superinsulation and Energy Code Proposals: David Jenkins, Paul Gillis and Beata Kalies of the Electric Co-op Association made a short presentation on the issue of Wisconsin's unique requirement for a superinsulated thermal envelope when electrical heat is used. This 1983 statute is unique in the nation and has some application problems with today's dwellings. Another topic of discussion is the IECC (International Energy Efficiency Code) proposal to largely eliminate overall heat loss in favor of a simplified component R-value approach. There is an energy specialty council that is looking at these items. While the Energy Council was not specifically formed to look at UDC issues, the UDC Council was comfortable with reviewing recommendations that they make. The association will make specific code proposals to the Energy Council for review. These will be reviewed by the UDC Council when they affect one- or two-family dwellings.
Garage Wall Bracing: Devin Rains presented a proposal to regulate garage wall bracing. This has been a controversial topic for many years. The UDC has only very basic requirements that assume a one-story attached garage structure that does not extend beyond the walls of the house. For more complex designs, a more sophisticated bracing plan is required. The proposal that was presented came from a proposal made to the IRC. For many home designs, the bracing requirements will be similar or identical to the simple current requirements. Only when the garage or other room reaches a certain length-to-width proportion and extends beyond the plane of the house a minimum of 8 feet would the more complex options come into play. More discussion will follow on this topic.
Larry Swaziek mentioned that the garage wall bracing bulletin posted on the S&B One- and Two-family program page would require full bracing in accordance with Comm 21.25 (1) (b) at the sides of the garage entrances, effective January 1, 2006. The council recommended that the department further delay the effective date of this bulletin until the effective date of the next UDC code change.
Next Meeeting: Tuesday, January 17, 2006 at 9:30 a.m. at Lussier Family Heritage Center, Lake Farm County Park, 3101 Lake Farm Rd., Madison, Wisconsin.

Tuesday, August 2, 2005, 9:30 a.m. to 2:30 p.m., Revenue Building, 2135 Rimrock Road, Madison, Wisconsin
Council Member Attendance: Allan Bachmann - Excused; Jeff Bechard - Excused; Ken Dentice - Present; David Dolan-Wallace - Present; Dan Gorski - Present; Robert Jakel - Present; Steve Levine - Present; Dan Nowak - Present; Frank Opatik - Present; Tom Palecek - Present; Bill Roehr - Excused; Gary Ruhl - Present; Mary Schroeder - Present; William Turner - Absent; John VandeCastle Present; Mike Wallace - Present; Brian Walter - Present; Paul Welnak - Present
Commerce Staff: Duane Hubeler, UDC Consultant; Larry Swaziek, Program Manager UDC; Leroy Stublaski, UDC Consultant; Lynita Docken, Program Mgr. Plumbing; Brian Ferris, Section Chief, Inspection; Tom Kasper, Section Chief, UDC
Visitors: Jane Witt, Wisconsin Builders Association; Steve Mayhew, TrusJoist; Tim Semmann, Wisconsin Builders Assoc.; Dave Osborne, Conserv Products; Norman Bair, Wisconsin Dept. of Administration
Administrative Issues: Three new Council members were introduced. The progress report from last meeting was approved.
Home Safety Act Update
Tom Kasper reported that the number of issued permits from state-contracted inspection agencies is down from our initial estimates. One reason is that the estimates were based on Department of Revenue data that probably included manufactured homes and multifamily dwellings. Audits of state-contracted inspection agencies began in July and will be ongoing. The onsite inspection part of the audits will include a plumbing consultant and electrical consultant from Commerce, as well as a UDC consultant.
Manufactured Homes Update
Larry Swaziek gave a summary of a code development project that is underway relating to uniform installation standards for manufactured (mobile) homes. The actual construction of manufactured homes is regulated by a federal HUD standard that preempts all state regulations. The plan is for the installer licensing rules and the federal HUD installation rules to be added to chapter Comm 5 and to a separate section of chapter Comm 20 of the UDC, respectively. The current chapter Comm 27 would then be repealed. The legislation (Assembly Bill 39 and Senate Bill 23) authorizing the code change is not yet in place; the vote on it is expected in September. The Council will get an opportunity to review the rules in detail at a later meeting. There are approximately 2,000 to 3,000 HUD homes installed in Wisconsin each year. There are also technical coordination issues, such as how to connect a UDC basement stairway at 36 inches wide minimum to a HUD doorway, which may be only 22 inches wide. The current plan is to allow existing UDC certified inspectors and inspection agencies to conduct the HUD installation inspections.
Elevator Inspection
Larry reported that there is an introduced Wisconsin Assembly Bill (447) that would require inspection of all residential elevators. The inspections would have to occur at initial installation and at change of ownership. The department has no information at this time on the likelihood of this bill becoming law or what inspector qualifications would be required.
Soil Erosion Petition for Variance
Larry reported on the progress of this petition for variance from the UDC in accordance with s. Comm 20.20. The Village of Mount Horeb in Dane County has asked the department to allow them to have a local construction soil erosion ordinance that is stricter than the UDC. The details have no yet been finalized, but a copy of the petition request is available on the Commerce web site www.commerce.wi.gov/SB/SB-UDCProgram
Member Issues
Brian Walter recommended that the council discuss the following issues: 1) whole-house fans and the possibility of backdrafting fireplaces and gas-fired appliances; and 2) compliance statements, signed by the contractor, in lieu of inspections. Dan Nowak brought up the following issues: 1) Is one smoke detector enough in a basement with completely separated finished and unfinished areas- and 2) the difficulty in inspecting vapor retarders, particularly under floor slabs. Mary Schroeder wanted the following items considered: 1) Should all sill plates that rest on concrete be pressure-treated, regardless of the (initial) height above grade, since the final height above grade is so variable- and 2) Are there any legitimate limitations on when a basement floor may be poured-
Federal Energy Policy Act of 2005
Norman Bair with the Wisconsin Department of Administration's Energy Office gave a brief overview of the 2005 Act. The highlights include a wide variety of tax breaks that are available to designers for buildings owned by governmental units and school districts and to homeowners for installing high-efficiency appliances or thermal envelopes that exceed certain thresholds.
Soil Erosion Rules
Lynita Docken, Program Manager of Plumbing, Soil Erosion, and Stormwater programs for Commerce, gave a detailed overview of proposed soil erosion rules for dwellings. For 1-2 family dwellings, the Wisconsin Uniform Building Permit will serve as the required notice of intent (NOI) for soil disturbing activities of one or more acres. There will be no additional filing fee for this NOI. There will be no required 7-day delay between permit issuance and soil- disturbing activity, as there will be with commercial buildings. The stop-work order, as allowed under Wisconsin statutes, will be implemented based on the severity of the erosion problem. The requirements will state that the main concern is the soil must stay on the owner's property - it cannot be allowed to reach the waters of the state, storm sewer inlets, or another person's property. Time frames for repair or maintenance will change somewhat. An immediate threat to sewers or waters of the state will require immediate repair or replacement. The department plans to hold public hearings on the Erosion and Sediment Control rule package in the Fall of 2005, conduct education during Winter 2005/2006 and have them effective in Spring 2006. The Council voted to recommend proceeding with public hearings provided the requirements are simplified by including additional visual aids and quantities, such as tons per acre converted to more understandable units, such as cubic yards. There needs to be a clear definition of "soil disturbance"; e.g Is dumping gravel or topsoil at a sight "soil disturbance" if no change is made to the existing soil surface- The effect of a county-wide erosion control ordinance will also have to be accommodated.
Minimum Accessibility and Universal Design
Diane Meredith from Commerce and Steve Levine made a proposal that the UDC Council consider adding elements of universal design to the UDC. This could involve any or all of the following: a level entrance into the dwelling; adding wider interior doors and openings; emphasizing an accessible route throughout the entire dwelling; requiring electrical outlets and plumbing fixtures to be at accessible heights; and reinforcing bathroom walls for the later addition of grab bars. The National Association of Home Builders (NAHB) has a 3-day seminar aimed at builders and the public that covers many of these issues. Diane agreed to research this training program and report back to the Council on her findings. Further direction will be decided at a future Council meeting. If these issues were adopted into the UDC, there would have to be clear legal direction as to how these requirements would affect other issues outside the UDC, such as front- and side- yard setbacks.
Various Code Change Proposals
Duane Hubeler led a preview and discussion of a draft of upcoming code change proposals. The department is proposing to update standards relating to log home construction, furnace installation and the optional installation of fire sprinklers. Updated code requirements that are being proposed include locations where treated wood is required, conditions that require a treated sill plate on foundation walls and drainage plane requirements. One issue that generated considerable discussion was a proposal to cap the amount of remodeling that a municipality could exempt from permitting and inspection requirements. The recommendation was to require construction that results in additional habitable space within the existing dwelling or any additional area to the dwelling to be permitted and inspected. There will be further discussion, additions and deletions over the next several meetings.
Next Meeting: Tuesday, October 25, 2005 at 9:30 a.m.. at the Revenue Building in Madison. Note that this is one week earlier than usual.

Tuesday, August 2, 2005, 9:30 a.m. - 2:30 p.m., Revenue Building, 2135 Rimrock Road, Madison, Wisconsin
Council Member Attendance: Allan Bachmann Excused; Jeff Bechard Excused; Ken Dentice Present; David Dolan-Wallace Present; Dan Gorski Present; Robert Jakel Present; Steve Levine Present; Dan Nowak Present; Frank Opatik Present; Tom Palecek Present; Bill Roehr Excused; Gary Ruhl Present; Mary Schroeder Present; William Turner Absent; John VandeCastle Present; Mike Wallace Present; Brian Walter Present; Paul Welnak Present.
Staff Attendance: Duane Hubeler, UDC Consultant, Ph. (608)266-1390 Fax (608)283-7457; Larry Swaziek, Program Manager, Ph. (608)267-7701 Fax (608)264-8795; Leroy Stublaski, UDC Consultant Ph. (608)267-5113 Fax (608)283-7428; Lynita Docken, Program Mgr. Plumbing Ph. (608)785-9349 Fax (608)785-9330; Brian Ferris, Section Chief, Inspection Ph. (608)785-9335 Fax (608)785-9330; Tom Kasper, Section Chief, UDC, Ph. (608)267-5687 Fax (608)267-9566.
Visitors: Jane Witt, Wisconsin Builders Association; Steve Mayhew, TrusJoist; Tim Semmann, Wisconsin Builders Assoc.; Dave Osborne, Conserv Products; Norman Bair, Wisconsin Dept. of Administration.
Administrative Issues: Three new Council members were introduced (Dolan-Wallace, Gorski, Stadtherr). The progress report from last meeting was approved.
Home Safety Act Update
Tom Kasper reported that the number of issued permits from state-contracted inspection agencies is down from our initial estimates. One reason is that the estimates were based on Department of Revenue data that probably included manufactured homes and multifamily dwellings. Audits of state-contracted inspection agencies began in July and will be ongoing. The onsite, inspection part of the audits will include a plumbing consultant and electrical consultant from Commerce, as well as a UDC consultant.
Manufactured Homes Update
Larry Swaziek gave a summary of a code development project that is underway relating to uniform installation standards for manufactured (mobile) homes. The actual construction of manufactured homes is regulated by a federal HUD standard that preempts all state regulations. The plan is for the installer licensing rules and the federal HUD installation rules to be added to chapter Comm 5 and to a separate section of chapter Comm 20 of the UDC, respectively. The current chapter Comm 27 would then be repealed. The legislation (Assembly Bill 39 and Senate Bill 23) authorizing the code change is not yet in place; the vote on it is expected in September. The Council will get an opportunity to review the rules in detail at a later meeting. There are approximately 2,000 to 3,000 HUD homes installed in Wisconsin each year. There are also technical coordination issues, such as how to connect a UDC basement stairway at 36 inches wide minimum to a HUD doorway, which may be only 22 inches wide. The current plan is to allow existing UDC certified inspectors and inspection agencies to conduct the HUD installation inspections.
Elevator Inspection
Larry reported that there is an introduced Wisconsin Assembly Bill (447) that would require inspection of all residential elevators. The inspections would have to occur at initial installation and at change of ownership. The department has no information at this time on the likelihood of this bill becoming law or what inspector qualifications would be required.
Soil Erosion Petition for Variance
Larry reported on the progress of this petition for variance from the UDC in accordance with s. Comm 20.20. The Village of Mount Horeb in Dane County has asked the department to allow them to have a local construction soil erosion ordinance that is stricter than the UDC. The details have no yet been finalized, but a copy of the petition request is available on the Commerce web site www.commerce.wi.gov/SB/SB-UDCProgram.
Member Issues
Brian Walter recommended that the council discuss the following issues: 1) whole-house fans and the possibility of backdrafting fireplaces and gas-fired appliances; and 2) compliance statements, signed by the contractor, in lieu of inspections. Dan Nowak brought up the following issues: 1) Is one smoke detector enough in a basement with completely separated finished and unfinished areas- and 2) the difficulty in inspecting vapor retarders, particularly under floor slabs. Mary Schroeder wanted the following items considered: 1) Should all sill plates that rest on concrete be pressure-treated, regardless of the (initial) height above grade, since the final height above grade is so variable- and 2) Are there any legitimate limitations on when a basement floor may be poured-
Federal Energy Policy Act of 2005
Norman Bair with the Wisconsin Department of Administration's Energy Office gave a brief overview of the 2005 Act. The highlights include a wide variety of tax breaks that are available to designers for buildings owned by governmental units and school districts and to homeowners for installing high-efficiency appliances or thermal envelopes that exceed certain thresholds.
Soil Erosion Rules
Lynita Docken, Program Manager of Plumbing, Soil Erosion and Stormwater programs for Commerce, gave a detailed overview of proposed soil erosion rules for dwellings. For 1-2 family dwellings, the Wisconsin Uniform Building Permit will serve as the required notice of intent (NOI) for soil disturbing activities of one or more acres. There will be no additional filing fee for this NOI. There will be no required 7-day delay between permit issuance and soil- disturbing activity, as there will be with commercial buildings. The stop-work order, as allowed under Wisconsin statutes, will be implemented based on the severity of the erosion problem. The requirements will state that the main concern is the soil must stay on the owner's property - it cannot be allowed to reach the waters of the state, storm sewer inlets, or another person's property. Time frames for repair or maintenance will change somewhat. An immediate threat to sewers or waters of the state will require immediate repair or replacement. The department plans to hold public hearings on the Erosion and Sediment Control rule package in the Fall of 2005, conduct education during Winter 2005/2006 and have them effective in Spring 2006. The Council voted to recommend proceeding with public hearings provided the requirements are simplified by including additional visual aids and quantities, such as tons per acre converted to more understandable units, such as cubic yards. There needs to be a clear definition of "soil disturbance"; e.g is dumping gravel or topsoil at a sight "soil disturbance" if no change is made to the existing soil surface- The effect of a county-wide erosion control ordinance will also have to be accommodated.
Minimum Accessibility and Universal Design
Diane Meredith from Commerce and Steve Levine made a proposal that the UDC Council consider adding elements of universal design to the UDC. This could involve any or all of the following: a level entrance into the dwelling; adding wider interior doors and openings; emphasizing an accessible route throughout the entire dwelling; requiring electrical outlets and plumbing fixtures to be at accessible heights; and reinforcing bathroom walls for the later addition of grab bars. The National Association of Home Builders (NAHB) has a 3-day seminar aimed at builders and the public that covers many of these issues. Diane agreed to research this training program and report back to the Council on her findings. Further direction will be decided at a future Council meeting. If these issues were adopted into the UDC, there would have to be clear legal direction as to how these requirements would affect other issues outside the UDC, such as front- and side- yard setbacks.
Various Code Change Proposals
Duane Hubeler led a preview and discussion of a draft of upcoming code change proposals. The department is proposing to update standards relating to log home construction, furnace installation and the optional installation of fire sprinklers. Updated code requirements that are being proposed include locations where treated wood is required, conditions that require a treated sill plate on foundation walls and drainage plane requirements. One issue that generated considerable discussion was a proposal to cap the amount of remodeling that a municipality could exempt from permitting and inspection requirements. The recommendation was to require construction that results in additional habitable space within the existing dwelling or any additional area to the dwelling to be permitted and inspected. There will be further discussion, additions and deletions over the next several meetings.
Next meeting: Tuesday, October 25, 2005, 9:30 a.m.. at the Revenue Building in Madison. Note that this is one week earlier than usual.

Tuesday, May 3, 2005, 9:30 a.m. to 2:30 p.m., Revenue Building, 2135 Rimrock Road, Madison, Wisconsin
Council Member Attendance: Allan Bachmann Present; Jeff Bechard Excused; Ken Dentice Present; Harold Last Present; Steve Levine Present; Dan Nowak (Scott Satula, alt.) Present; Dennis O-Loughlin Present; Frank Opatik (Lee Seis, alt.) Present; Tom Palecek Present; Bill Roehr Present; Gary Ruhl Present; Mary Schroeder Present; Randy Thelen (Charley Madden, alt.) Present; William Turner (Dave Osborne, alt.) Present; John VandeCastle Present; Mike Wallace Present; Brian Walter Present; Paul Welnak Excused.
Commerce Staff: Duane Hubeler, UDC Consultant; Larry Swaziek, Program Manager; Leroy Stublaski, UDC Consultant; Tom Kasper, Section Chief.
Visitors: Jane Witt, Wisconsin Builders Association; Greg Shea, TrusJoist; Mary Meunier, Wisconsin Dept. of Administration; Joe Nagan, Private Energy Consultant; Scott Mathie, Metro Builders Association; Tom Greschner, UDC Inspector; Norman Bair, Wisconsin Dept. of Administration; Ray Norton, Independent Inspections.
Administrative issues
The meeting summary from last meeting was approved.
Home Safety Act Update
Tom Kasper distributed a map showing the number of UDC permits issued by jurisdiction. From January to March of 2005, there were a total of 110 permits issued by state-contracted UDC Inspection Agencies out of a total of 2,405 permits issued. One reason for the low proportion may be that towns using state-contracted UDC Inspection Agencies are disproportionately in the northern part of the state and there tends to be less building activity in the winter months. Audits of these agencies will begin in late summer.
Manufactured Homes Update
Larry Swaziek gave a summary of a code development project that is underway relating to uniform installation standards for manufactured (mobile) homes. The actual construction of manufactured homes is regulated by a federal HUD standard that preempts all state regulations. The plan is for the installer licensing rules and the federal HUD installation rules to be added to chapter Comm 5 and to a separate section of chapter Comm 20 of the UDC, respectively. The current chapter Comm 27 would then be repealed. The legislation (Assembly Bill 39 and Senate Bill 23) authorizing the code change is not yet in place. The Council will get an opportunity to review the rules in detail at a later meeting. There are approximately 2,000 to 3,000 HUD homes installed in Wisconsin each year. There are also technical coordination issues, such as how to connect a UDC basement stairway at 36 inches wide minimum to a HUD doorway, which may be only 22 inches wide.
Garage Wall Bracing
Larry stated that there would be a delay in the enhanced inspection of garage shear walls until at least July 1, 2005 [the delay was subsequently extended until 1/1/2006]. The recommendation was to look at s. Comm 21.25 over the next two council meetings and recommend a code change to clarify the issue.
Sunroom Follow-up
Larry reported that the sunroom industry has provided the information we have requested. Much will now depend on the future direction of the national model energy code and how it is adopted into Wisconsin's building codes.
Required Information on Permit Applications
Tom Kasper discussed information that is required on the Wisconsin Uniform Building Permit Application form. The ICF (Insulated Concrete Form) industry requests that a box be added to check if ICF's are used for the foundation. The Council generally felt that the application form has enough detail as it is.
Various Code Change Proposals
Duane Hubeler led a preview and discussion of a draft of upcoming code change proposals. The department is proposing to update standards relating to log home construction, furnace installation and the optional installation of fire sprinklers. Updated code requirements that are being proposed include locations where treated wood is required, conditions that require a treated sill plate on foundation walls and drainage plane requirements. There will be further discussion, additions and deletions over the next several meetings.
Soil Erosion Rules
Lynita Docken, Program Manager of the Plumbing Program for Commerce, gave a short overview of proposed soil erosion rules for both dwellings and commercial buildings. A more detailed proposal will be presented at the next meeting.
Mount Horeb UDC Soil Erosion
Duane reported briefly on a petition received by Commerce from the Village of Mount Horeb. They are requesting a variance from the UDC, as outlined under s. Comm 20.20, to institute some stricter requirements in the area of soil erosion protection. There will be a final report at the next Council meeting.
Member Issues
Dan Nowak asked that the Council address the issue of smoke detector coverage in a basement where part of the basement is finished off and separated from the unfinished part. There typically is no common area in this case, so where should the detector go- Should there be a requirement for a (interconnected) detector in both areas- Dan also asked that the Council address the issue of the visibility, or lack thereof, of vapor retarders for inspection purposes.
Next Meeting: Tuesday, August 2, 2005, 9:30 a.m., Revenue Dept. Building in Madison.

Wednesday, February 9, 2005, 9:30 a.m. to 2:30 p.m., Revenue Building, 2135 Rimrock Road, Madison, Wisconsin
Council member attendance: Allan Bachmann Present; Jeff Bechard Present; Ken Dentice Present; Harold Last Present; Steve Levine Excused; Dan Nowak Present; Dennis O-Loughlin Present; Frank Opatik Present (Lee Seis, alt.); Tom Palecek Excused; Bill Roehr Present; Gary Ruhl Present; Mary Schroeder Present; Randy Thelen Present; William Turner Absent; John VandeCastle Present (Dave Osborne, alt.); Mike Wallace Present; Brian Walter Present; Paul Welnak Present.
Staff: Duane Hubeler, UDC Consultant, Ph. (608)266-1390 Fax (608)283-7457; Larry Swaziek, Program Manager, Ph. (608)267-7701 Fax (608)264-8795; Leroy Stublaski, UDC Consultant, Ph. (608)267-5113 Fax (608)283-7428.
Visitors; Jane Witt, Wisconsin Builders Association; Greg Shea, TrusJoist; Mary Meunier, Wisconsin Dept. of Administration; Kurt Johnson, Simpson Strong-Tie; Scott Mathie, Metro Builders Association; Paul Coats, Amer. Forest and Paper Assoc.; Norman Bair, Wisconsin Dept. of Administration; Ray Norton, Independent Inspections; Ross Kinzler, Wisconsin Housing Alliance.
Administrative issues: The progress report from last meeting was approved.
Home Safety Act Update
Larry Swaziek gave an update on the state-wide UDC enforcement program. A roster of state-contracted inspectors and a map of their contracted areas were handed out. Discussion centered on the requirements and limitations of the contracts.
For the state contracts, there were 62 different bidders of which 24 had the low bid in one or more of the 87 individual inspection areas. All areas of the state had at least one bid, most areas had up to 4 bids. The bids for permit issuance and inspection of an 800 square foot house ranged from $364 to $1,024, with the majority in the $400-$500 range. A 2,000 square foot home would typically cost an additional $200-$300. A meeting was held on March 15 in Stevens Point with all the state-contracted inspection agencies. Ordinances for municipalities to provide their own inspection are still coming in, so there is continual adjustment of the number of municipalities under the state program.
Manufactured Homes Update
Larry gave a summary of a code development project that is underway relating to uniform installation standards for manufactured (mobile) homes. The actual construction of manufactured homes is regulated by a federal HUD standard that preempts all state regulations. The plan is for the installation rules to be added to a separate section of chapter Comm 20 of the UDC. The current chapter Comm 27 would then be repealed. The legislation (Assembly Bill 39 and Senate Bill 23) authorizing the code change is not yet in place. The Council will get an opportunity to review the rules in detail at a later meeting.
Sunroom additions and energy
Randall Firmin of the National Sunroom Association presented information on changes to the national model energy code that relate to sunrooms and other additions. These changes are under consideration for incorporation into the Wisconsin Commercial Building Code and will be considered later for inclusion into the UDC. Randall stated that the average size of sunroom additions in Wisconsin is approximately 200 square feet. He also stated that the quality and energy efficiency of individual components used by 90 percent of the sunroom industry has improved markedly over the past several years. The department will continue to consider adoption of these national standards into the UDC as time permits. Among the issues to consider is how to allow electric heat in a sunroom in conjunction with the Wisconsin -super insulation- requirements for dwellings using electric heat.
Mercury Thermostats
The Council considered a proposal to prohibit the installation of new thermostats in dwellings that use mercury switches. The main concern was that a prohibition would encourage the disposal of the many existing mercury-switch thermostats in an unregulated manner that would do more harm to the environment and to human health than if we left the status quo. Larry explained that any rule in the dwelling code would not be retroactive. No existing thermostats would have to be altered. Anytime a new thermostat is installed in a dwelling subject to UDC requirements, it would have to be mercury-free. A motion was made and passed to draft code language for Council review.
Various Code Change Proposals
Handrail/Guardrail Height
The long-standing department policy on handrail and guardrail height, which needs clarification in the code, is as follows:
All stairways of more than 3 risers need a continuous handrail for the full length of the stairway. (Discontinuities are allowed at landings and newel posts.) The top of the railing must be between 30 and 38 inches above the nosing of the stair treads. The main purpose is to stop a person from falling down on the stairs while ascending or descending.
Any open-sided elevation of more than 24 inches above the floor or grade level, that a person could fall to, needs a guardrail. (The open-sided elevation could be a landing, a balcony, a catwalk, an outdoor attached deck, etc.) The top of the railing must be at least 36 inches above the floor, grade, or stair nosing. The main purpose is to stop a person from falling over the side of the elevation onto the lower floor or grade. Note that an open-sided stairway needs just a handrail. It is proposed to require a guardrail on open stairs, too. One railing can serve both purposes provided it meets the requirements for both.
There are ambiguities in 2 separate subsections of s. Comm 21.04 that need clarification in order for this policy to be uniformly enforced. We may also discuss changing the specific dimensions.
Steps at Exterior Doors
There was discussion on extending the allowance for no landing at the top of a stairs to a sliding patio door [s. Comm 21.04 (4) (c)] to also include in-swinging patio doors. After limited discussion, the consensus was to leave the code and the current exceptions as they are. There was further discussion on how to define a porch vs. a stoop and how to regulate stairways and landings on porches and stoops where doors are involved.
Floor Coverings and Riser Height Measurement
After limited discussion, the consensus was to leave the current requirements as they are.
Attic Ventilation
The widespread use of ridge vents and power vents has rendered this long-time requirement partially obsolete. The requirements for the 1/150 and 1/300 ratios were developed many years ago when gable-end vents were the common way to ventilate attic spaces. The department will develop updated requirements for the use of ridge and power venting.
Spray-Applied Foam Insulation and Vapor Retarders
A vapor retarder on the warm side of thermal insulation is a good way to stop diffusion of water vapor into the wall or ceiling cavity where the vapor can condense into liquid. The problem is that air leaks are a much greater cause of water vapor condensation than vapor diffusion. Spray applied foam is a much better way to stop air leakage than is fiberglass batting with a plastic vapor retarder. In order to encourage the use of foam, we may want to eliminate the (now unnecessary) vapor retarder requirement. The department will work on definitions and code language to implement this change.
Thermal Barriers and Fiberglass Batts
Manufacturers of fiberglass roll insulation have begun printing a warning on the kraft paper or foil backing that it must be installed with a 15-minute thermal barrier (i.e. one half-inch drywall) on the occupied side. This could cause problems in below grade basement walls and it also points out inconsistencies with our thermal barrier requirements for covering foam plastic insulation (s. Comm 21.11). This will require further research.
Drainage Plane
Liquid water entering a wall cavity is the single biggest cause of rot, mold and decay. While the UDC recently added requirements for flashing, there is need to address the whole issue of drainage planes. Metro Builders Association has a subcommittee looking into this issue and will present its recommendations at a future meeting.

Member Issues
Dan Nowak asked that the Council address the issue of smoke detector coverage in a basement where part of the basement is finished off and separated from the unfinished part. There typically is no common area in this case, so where should the detector go- Should there be a requirement for a (interconnected) detector in both areas
Ken Dentice asked that the Council take another look at the issue of requiring CO detectors. Ken said he would try to gather information on the reliability, sensitivity and life span of newer CO detectors and on the experience of cities that have code requirements for them.
Next Meeting: Tuesday, May 3, 2005, 9:30 AM. at the Revenue Building in Madison.

Wednesday, November 3, 2004, 9:30 a.m., UW Agriculture Research Station, Verona, Wisconsin
Council Member Attendance: Allan Bachmann Present; Jeff Bechard Present; Ken Dentice Present; Harold Last Present; Steve Levine Present; Dan Nowak Present; Dennis O-Loughlin Absent; Frank Opatik Present; Tom Palecek Present; Bill Roehr Absent; Gary Ruhl Excused; Mary Schroeder Present; Randy Thelen Present; William Turner Absent; John VandeCastle Present; Mike Wallace Present; Brian Walter Present; Paul Welnak Present
Staff Attendance: Duane Hubeler, Code Developer, 608-266-1390 Fax 608-283-7457; Larry Swaziek, Program Manager, 608-267-7701 Fax 608-264-8795; Leroy Stublaski, UDC Consultant, 608-267-5113 Fax 608-283-7428; Bob DuPont, Bureau Director Program Development 608-266-8984; Brian Ferris, Section Chief Integrated Services, 608-785-9335; Tom Kasper, Section Chief Integrated Services, 608-267-7586
Visitors: Jane Witt, Wisconsin Builders Association; Greg Shea, TrusJoist; Mary Meunier, Wisconsin Dept. of Administration; Kurt Johnson, Simpson Strong-Tie; Scott Mathie, Metro Builders Association; Paul Coats, Amer. Forest and Paper Assoc.
Administrative Issues:
The progress report from last meeting was approved.
The many new Council members were given an orientation summary and were provided with UDC Code Commentaries.
Frank Opatik was elected as Council Chair. Brian Walter was elected as Council Vice-Chair.
Larry Swaziek summarized a recently developed informational bulletin on a soil erosion control method using wood chips from the construction site. This method is approved as long as it meets the conditions spelled out in the bulletin.
Duane Hubeler reviewed the code changes that went into effect on January 1, 2005. The issue that will effect most builders and inspectors is the change in guardrail opening size for stairways and elevated areas, which is now at 4 inches. There was a change to exempt small dwellings of under 400 square feet from needing 2 doors. The remainder of the changes were to chapter Comm 20 which were needed to implement the requirements under the Home Safety Act.
Inspection Implementation and Act 295
Tom Kasper and Larry summarized the progress on implementing statewide UDC inspection. For the state contracts, there were 62 different bidders of which 24 had the low bid in one or more of the 87 individual inspection areas. All areas of the state had at least one bid, most areas had up to 4 bids. The bids for permit issuance and inspection of an 800 square foot house ranged from $364 to $1,024, with the majority in the $400-$500 range. A 2,000 square foot home would typically cost an additional $200-$300. A meeting is planned for March in Stevens Point to meet with all the state-contracted inspection agencies.
Ordinances for municipalities to provide their own inspection are still coming in, so there is continual adjustment of the number of municipalities under the state program.
Code Change Timeline
Duane presented a proposed schedule for future code changes. Due to additional workloads, the proposal is to have any new code changes effective on April 1 of every third year, beginning in 2007.
Fire Separation of Condominium Units
There is confusion on what constitutes a property line for the purpose of enforcing s. Comm 21.08 regarding fire separation. In general, real property lines, such as in a zoned, zero-lotline development, the stricter requirements of Table 21.08 should be followed. In duplex units, or condominium units where individual properties are owned by an association, the less strict rules under s. Comm 21.08 (2) should apply.
Basement Exiting
Jane Witt and Scott Mathie presented the results of a survey done by Wisconsin Builders Association and Metro Builders Association, respectively. Some of the conclusions were: Many homeowners are choosing to put egress windows in on their own; The lowest end homebuyer would be hurt by the added expense; Egress windows are added mostly for marketing purposes or with the intent of future expansion; and builders (and realtors) need to communicate issues and options relating to basement egress with prospective homeowners.

Floor Joist Protection Project
Paul Coates of the American Forest and Paper Association brought the council up to date on the long term project relating to the performance of engineered wood products in home fires. This project was begun in June of 2003 and is now anticipated to be complete in the summer of 2005. It will entail the development of training materials for use at state and federal fire training academies as well as sophisticated internet training materials.
Member Issues
Dan Nowak asked that the Council address the issue of vapor retarder visibility during inspection. The inspector, and therefore the homeowne,r often has to take the contractor-s (or subcontractor-s) word that a vapor retarder has been placed under a poured slab, base course or an interior finish.
Frank Opatik asked that the Council address the issues of:
Tall walls and the -need- for engineering documentation;
Attic ventilation and consistency with the IRC;
The criteria of using the hard surface at a landing to determine uniform stair riser height;
The definitions of porch vs. stoop; and
A limited use of notching and boring of beams or girders.
Mary Schroeder asked that the Council consider a uniform format and posting location for inspection documentation - especially showing that a specific inspection has been conducted and passed.
There was also a recommendation to consider the definitions of -dwelling- and -dwelling unit- in relation to the issue of property line setbacks.
Next Meeting: Wednesday, February 9, 2005 at 9:30 AM. at the state Department of Revenue Building in Madison.

Wednesday, May 5, 2004, 10 a.m. Wisconsin Builders Association, Madison
Member Attendance: Jeff Bechard Present; Mark Benkowski Present; Mike Check Present; Mike Green Present; Kevin Guillory Present* (Dave Osborne, alt); Harold Last Present; Steve Levine Excused; Len Linzmeier Present; Dan Nowak Present; Dennis O'Loughlin Present; Frank Opatik Present; Bill Roehr Present; Gary Ruhl Present; Randy Thelen Excused; John VandeCastle Present* (Don Orth, alt); Brian Walter Present; Paul Welnak Excused; Christine Wilson Present
S&B Staff ;Duane Hubeler, Code Developer, (608)266-1390 Fax (608)283-7457; Larry Swaziek, Program Manager, (608)267-7701 Fax (608)264-8795; Leroy Stublaski, UDC Consultant, (608)267-5113 Fax (608)283-7428; Bob DuPont, S&B Program Development, (608)266-8984; -Brian Ferris, S&B Integrated Services, (608)785-9335
Visitors: Jane Witt, Wisconsin Builders Association; Greg Schey, Trus Joist; Bob Blankenheim, Independent Inspections; Bill Shomburg, ICC; Scott Mathie, Metro Builders Association; Paul Coats, Amer. Forest & Paper Assoc.
ADMINISTRATIVE ISSUES: The progress report from last meeting was approved.
There were several new members to introduce. Dan Nowak has replaced Howard Gygax, representing the southeast building inspectors; Gary Ruhl has replaced Tim Ihlenfeld, representing labor; and Frank Opatik has replaced Kurt Smith representing dwelling manufacturers. Steve Levine has replaced Jim Cauley representing the public, but Steve was unable to attend this meeting.
Some Commerce staff changes have been implemented to deal with the increased workload brought about by the Home Safety Act. Duane Hubeler now works full time in the UDC program. Leroy Stublaski works approximately 60% in the UDC program and 40% in the manufactured homes program. Jack Miller and Randy Mattison are commercial plan reviewers in the La Crosse and Hayward offices, respectively. They are both assigned to UDC duties for approximately 40 percentof their time. Jack can be reached at (608) 785-9348. Randy can be reached at (715) 634-8964.
INSPECTION IMPLEMETATION AND ACT 295
Larry Swaziek spoke on the Home Safety Act and the delay in implementing it brought about by 2003 Act 295. Act 295 allows those approximately 900 municipalities that had previously passed a non-enforcement resolution to delay enforcement under the Home Safety Act until as late as January 1, 2005. Because of this delay, Commerce has decided to delay the effective date of contracts with UDC Inspection Agencies until January 1, as well. The contracts will be used in areas of the state where Commerce has responsibility to enforce the UDC. The bidding process will start approximately in September.
Training for new UDC inspectors has been implemented in Rice Lake and Rhinelander. Electrical training will begin the week of June 1 and continue for 6 weeks. Construction, HVAC and plumbing inspection training will follow for 8, 4, and 8 weeks, respectively.
Duane Hubeler reviewed the topics that have been discussed so far in this 2-year cycle and supplied a list of topics that still need code language developed for them. Based on this information, coupled with the additional workloads due to the inspection implementation, Commerce recommended delaying this rule update for one year to be effective on 4/1/2006. The Council approved this delay.
STATUS OF SPINDLE SPACING RULE
The rule relating to maximum spindle spacing for stairways and allowing dwellings of under 400 square feet to use an egress window in lieu of the second door has been expanded to include the wording changes necessary to implement the Home Safety Act. Since there is no other UDC code project open at this time, Commerce recommended that the whole new rule package be effective on January 1, 2005 to coincide with the inspection implementation. The Council endorsed this effective date.
FUTURE MEETINGS: In light of the upcoming implementation of the statewide inspection program, the Council agreed with Commerce's proposal to cancel the regularly-scheduled August meeting. The next meeting will be Wednesday, November 3, 2004.
MEMBER ISSUES
SHALLOW FOUNDATIONS. Dave Osborne brought up the issue of insulation standards for shallow foundations. The UDC appendix, s. Comm 21.16, Frost Protected Shallow Footings, gives an example of an acceptable insulation system for a heated or unheated building. Dave noted that this is a conservative approach that was developed to apply to unheated or seasonally heated buildings. Dave pointed out, as an alternate to the frost protected shallow foundation system shown in the appendix, the department had issued an interpretation that recognized the National Association of Home Builders (NAHB) provisions for frost protected shallow foundations. This standard has separate provisions for both heated and unheated homes. Commerce will continue to recognize national standards for shallow foundations and will work with Dave to clarify the language and examples.
SECOND EXITS FROM BASEMENTS. Scott Mathie handed out preliminary results from a survey conducted by Metro Builders Association on why people choose to install second exits in basements where they are not required. We hope to discuss these issues in more depth at the next meeting. Jane Witt may have information for us on the statewide survey conducted by Wisconsin Builders Association by then, which can be rolled into the discussion.
NEXT MEETING: Wednesday, November 3, 2004, 9:30 a.m.

Wednesday, April 7, 2004, 9:30 a.m. - 2:45 p.m., Wisconsin Builders Association, Madison
Member Attendance: Jeff Bechard Present; Mark Benkowski Present* (Jim Klacko, alt); Jim Cauley Present; Mike Check Present; Mike Green Present; Kevin Guillory Present; Tim Ihlenfeld Absent; Harold Last Present; Len Linzmeier Excused; Dan Nowak Present; Dennis O'Loughlin Excused; Bill Roehr Present; Kurt Smith Present; Randy Thelen Present; John VandeCastle Present; Brian Walter Present* (Larry Maloney, alt); Paul Welnak Present; Christine Wilson Present
S&B Staff Atendance: Duane Hubeler, Code Developer; Larry Swaziek, Program Manager; Leroy Stublaski, UDC Consultant; Bob DuPont, S&B Program Development Bureua Director
Visitors: Jane Witt, Wisconsin Builders Association; Greg Schey, Trus Joist; Bob Blankenheim, Independent Inspections; Dan Gengler, National Fire Sprinkler Assoc.; Scott Mathie, Metro Builders Association; Paul Coats, American Forest & Paper Assoc.; Dave Osborne, Conserv Products; Mary Schroeder, Metro Builders Association
ADMINISTRATIVE ISSUES: The progress report (meeting summary) from last meeting was approved.
Spindle Spacing & Exiting Code Change
Duane Hubeler reported that the rule change to reduce spindle space openings to 4 inches and to increase floor area to 400 square feet before requiring 2 exit doors, has been merged with rule changes to chapter 20 to implement the Home Safety Act. The changes were originally planned for implementation approximately in May, 2004. Considering the potential delay in implementing the Home Safety Act if the Governor signs AB 925, the question before the Council was whether they would prefer to keep the rule changes merged or separate them out so the spindle spacing and exiting would be effective before the Home Safety Act requirements. Since the Governor must act on AB 925 by April 21, the consensus of the Council was to wait until the next meeting in May to see how the governor acts on the bill.
Assembly Bill 925
Duane explained that this bill would allow the municipalities that previously passed a resolution of non-enforcement to keep that resolution in place until January 1, 2005. There are approximately 910 municipalities in this category or approximately 60% of the under 2500 population municipalities. Of the remaining 40%, there are approximately 175 municipalities under current state enforcement and approximately 435 municipalities under either county enforcement or their own municipal enforcement. These 610 municipalities would be unaffected by the bill, whether or not it is signed into law.
Acts 118 & 145 Effect on Rulemaking
Duane briefly reported on changes to our rulemaking procedure as a result of these two new laws. Act 118 is called the "Jobs Creation Act" and it has been in effect for several months. It requires comparisons between our proposed rules and the rules of both the federal government and "adjacent states". It also requires study of anticipated costs incurred by the private sector in complying with the rule. Act 145 deals with small business issues and will be effective July, 1, 2004. It requires Commerce to establish the Small Business Regulatory Review Board. The rules from all state agencies that will affect small businesses will be reviewed by this board. Any rule that is determined to have a significant impact on small business will have a minimum 2 month delayed effective date. Rules will have to explain how the rule will be enforced and what discretion will be used by the agency in enforcing the rule.
Credential Changes in Chapter Comm 5
Larry Swaziek reviewed some of the pertinent changes included in this code package. There is a new requirement that credentialed trades and contractors may not begin construction or installation until the required building permits and sanitary permits have been issued. Certified commercial electrical and plumbing inspectors will be able to perform UDC electrical and plumbing inspections without obtaining the additional UDC credentials. Certified commercial construction inspectors will be allowed to get the UDC construction and HVAC credentials without taking the UDC construction or HVAC exams. Journeyman electricians will be allowed to get a UDC electrical inspector credential without taking the UDC electrical inspector exam. Registered engineers and architects may become commercial inspectors without taking the exam. Once a credential is issued, the inspector is responsible for all associated continuing education requirements. The effective date for these changes is planned to be August 1, 2004.
Lightweight Engineered Construction during Fires
Paul Coats of the American Forest and Paper Association gave a progress report on their long-term project on the behavior of lightweight engineered construction , such as I-joists, in fires. They are over halfway through the 18-month project. The project has 5 major parts: Fire performance research; Development of fire service resource guides; Review and revision of US Fire Academy training courses; Preparation of training aids; and Preparation of the final report.
Basement Exiting Letter
Larry handed out a letter from a homeowner requesting a code requirement for a second exit from basements. The consensus of the Council was to reiterate its earlier position to not require it in at least this cycle. Many people are putting in large window wells to add value to their homes. A request was made to WBA and the Metro Builders Association to poll their members on reasons why people choose egressable windows as options in the basement.
Statute Change and Policy on Inspection in Small Municipalities
Commerce staff led a discussion on the statute change to eliminate the "opt out" provision from dwelling inspection in small municipalities. Commerce sent surveys out to all municipalities in late January to ask for general direction. So far, approximately 500 municipalities have said they have adopted or plan to adopt the UDC for municipal enforcement and approximately 400 have opted for state enforcement. Municipal enforcement will require the municipality to hire or contract directly with an inspector(s) certified in all 4 UDC categories. State enforcement will entail bidding and contracting with registered UDC Inspection Agencies for specific geographical areas of the state. Until the state program is running, approximately by September 1, the interim procedure will be in place. This interim procedure requires the homeowner or contractor to contract directly with the UDC Inspection Agency of their choice. Assembly Bill 925 may have an effect on how long the interim procedure stays in place, at least in those municipalities that choose to maintain their resolution of no enforcement. Training is in the planning stage for Rice Lake and Rhinelander for inspectors. The classes would be 1 night a week for around 26 weeks and would cover all 4 credential categories of UDC inspection - construction, electrical, plumbing and HVAC. They may be able to begin in May or June. Finally, section 101.865 of the Wisconsin Statutes prohibits a power company from providing electrical service to a dwelling unless the wiring has been inspected by a "municipal or other recognized inspection department" or, in the absence of an inspector, a signed certificate is provided by the person providing the wiring stating that it was done according to the Wisconsin Electrical Code. The effective implementation of this requirement may also be dependent on the status of AB 925.
NFPA 13D Sprinkler Systems
Currently, there is no regulation of dedicated sprinkler systems installed in one- and 2-family dwellings. The plumbing code regulates combination systems that include fire sprinklers installed in potable water lines. The current proposal is to adopt the NFPA 13D standard to regulate the optional installation of a separate, dedicated sprinkler system. The debate primarily centered on the definition of a partial vs. a complete system and whether the UDC should allow for less coverage than required under the latest edition of NFPA 13D. After considerable debate, a proposal was made to require all dedicated sprinkler systems, where installed, to follow all requirements of NFPA 13 D. This proposal lost 8 to 5, with 2 abstentions. A proposal was then made to require all dedicated sprinkler systems, where installed, to follow all requirements of NFPA 13 D, except to allow lesser coverage at the owner's discretion. This proposal passed on a 6 to 5 vote with 4 abstentions.
Dampproofing of Poured Concrete Foundations
Duane reviewed proposed language to update the dampproofing requirements for masonry block walls and to extend them to poured concrete walls, as well as require that tie bar openings on concrete walls be sealed prior to applying the dampproofing coating. Mention was made that the requirements should also clarify the rules for wood foundations and for Insulated Concrete Forms (ICF). After considerable discussion, the Council recommended against extending the dampproofing requirements to poured concrete foundation walls.
Other code development topics were postponed until the next meeting.
Soile Erosion Presentation
Jenna Kunde of Waste Cap Wisconsin presented the results of a pilot project testing shredded scrap wood as a ground-covering mulch to reduce soil erosion at construction sites. The wood is ground at the construction site and is spread on the disturbed soil at a rate of 6-9 tons per acre. This results in a layer between ½ and 1-½ inches thick with a minimum of 80% coverage. The wood chips can also be put into a sock, which is fastened shut, to take the place of soil erosion fencing. Initial tests show it to be much more effective than silt fencing and the sock can be reused several times. They are seeking recognition that these practices are acceptable alternatives to the specifications contained in the Best Management Practice (BMP) Handbook, which is referenced in s. Comm 21.125.
Next Meeting: Wednesday, May 5, 2004 at 9:30 AM. Please mark your calendars.

Wednesday, August 6, 2003, 9:30 - 2:30, Wisconsin Builders Association, Madison,
COUNCIL MEMBER ATTENDANCE: Jeff Bechard - Present; Mark Benkowski - Present; Jim Cauley - Present; Mike Check - Present; Mike Green - Present; Kevin Guillory - Present; Howard Gygax - Present; Tim Ihlenfeld - Absent; Harold Last - Present; Len Linzmeier - Present; Dennis O'Loughlin - Present; Bill Roehr - Excused; Kurt Smith - Present; Randy Thelen - Present* (Dan Gorski, alt.); John VandeCastle - Present* (Dave Osborne, alt.); Brian Walter - Present; Paul Welnak - Present; Christine Wilson - Present
STAFF ATTENDANCE: Duane Hubeler, Code Developer Ph. (608)266-1390 Fax (608)264-8795; Larry Swaziek, Program Manager Ph. (608)267-7701 Fax (608)264-8795; Leroy Stublaski, S & B Field Operations; Bob DuPont, S & B Program Development
VISITORS: Jane Witt, Wisconsin Builders Association; Tom Starr, SE WI Carpenters Training Ctr.; Bob Blankenheim, Independent Inspections; Bill Schomburg, Int'l Code Council; Scott Mathie, Metro Builders Association; Mary Meunier, WI Dept. of Administration; Ken Walsh, Nat. Fire Sprinkler Assoc.; Bob Flanagan, Metro Builders Association; Glyn Boone, Trus Joist, Inc.; Paul Coates, American Forest & Paper Assn.; Bob Gabbey, Whitewater Fire Dept.; Bruce Parker, Janesville Fire Dept.

UNIFORM DWELLING CODE COUNCIL - PROGRESS REPORT 8/6/03
ADMINISTRATIVE ISSUES: The progress report from last meeting was approved.
Len Linzmeier was unanimously re-elected as Chair of the UDC Council. Christine Wilson was unanimously re-elected Vice-Chair.
Storm water and Erosion Control. Bob DuPont reported on a code update that should be available for a detailed review at the next UDC Council meeting in November. The changes, which will be in the Plumbing Code, deal with long term storm water management (after the site is stabilized) and include provisions for the onsite dispersal or infiltration of storm water. The rules are expected to be effective in mid-2004.
To comply with new US EPA rules, construction projects that disturb more than 1 acre of soil will now have to file a Notice of Intent with the department (down from the current 5 acres). This provision will be included in the next scheduled revision of the UDC.
Exiting from Small Dwellings. Larry Swaziek summarized an informational bulleting regarding exiting from small dwellings. The latest code update includes a provision, in s. Comm 21.03 (1) (h), that allows dwellings with a maximum of 250 square feet on the first floor and a loft of 125 square feet to have only one door if provided with an egress window. This creates problems with many campgrounds in the state that have cabins of approximately 400 square feet. An immediate solution is to issue a bulletin saying that the total of 375 square feet, allowed under the current code, may be all on the first floor level. The issue of increasing the allowable first floor area to 400 square feet will be taken up for the next code change.
Slope of Grade Away from a Dwelling. Another problem with code application involves the new s. Comm 21.12 which requires the finished grade to slope away from the dwelling for a minimum distance of 10 feet or to the lot line, whichever is less. There may be areas within 10 feet of a dwelling, such as a drainage easement that should not be disturbed. An informational bulletin will be issued that exempts these types of situations.
RAIL SPINDLE SPACING
At the last meeting, the Council recommended that the department research the possibility of some intermediate spindle spacing between the national standard of 4 inches and the current UDC requirement of 6 inches. Duane Hubeler found data on body dimensions of children of various ages from a study commissioned by the US Consumer Product Safety Commission. The study shows that the 4-inch dimension is the safest to prevent children of walking age (³ 10-12 months) from being able to pass through the railing or from passing their torso through the railing only to get caught by the head or neck. Jim Cauley provided diagrams and figures showing that the fear of needing 3 spindles per tread would only apply on stairways with more than a 10-inch run, and then only if the spindles were less than one inch in diameter. With the code-required minimum of a 9-inch run, the spindles would have to be less than ½ -inch in diameter to require 3 spindles per tread. With this information, the Council voted unanimously to recommend going with 4-inch maximum spindle spacing and to recommend an expedited code change cycle to implement it. Bob DuPont recommended the department pursue a proposed effective date of 4/1/04 for this provision.
FIRE PROTECTION OF I-JOISTS
Bob Gabbey of the Whitewater Fire Department presented some additional information on the issue of structural integrity of I-joists in floors during a fire. Glyn Boone of Trus Joist spoke to the difficult issue of comparing fire performance of sawn lumber with manufactured wood products. He also described some advances in research and development regarding the integration of fire resistance into the manufactured structural products. Paul Coates of the American Forest & Paper Association (AF&PA) described a research project jointly undertaken by AF&PA and the US Fire Administration. A final report is expected in 18-20 months. The consensus of the Council was to wait for the final report before making a final decision on any possible code requirements relating to fire safety of manufactured wood products.
TOTAL LOAD PATH
After discussion at the last Council meeting, the department developed an explanatory document on how the total load path requirement in s. Comm 21.02 (1) can be applied. After reviewing the model code documents on which the requirement was based, the department has determined that only the fasteners required under s. Comm 21.02 (1) (d) will be required. Some methods that had been presented to the Council and at UDC Code Training will not be required, including floor-to-floor or exterior wall-to-floor tie downs, strapping or overlapping of sheathing. The vast majority of dwellings in Wisconsin should not experience a wind uplift pressure in excess of 20 psf and therefore are not included under the special requirements found in the model code.
Christine Wilson distributed a copy of a letter sent to the Secretary of the Department of Safety and Professional Services from the Southwestern Building Inspectors Association questioning the validity of the explanatory document.
SAFETY GLAZING ADJACENT TO POOLS
Larry presented proposed code language to update the safety glazing requirements to include glazing around swimming pools. Hot tubs should already be included but that needs to be clarified. The standard for safety glazing also needs updating.ENERGY ISSUES

Electric Radiant Panel Heaters. At the last meeting, Jeff Wilk of Radiant Electric Heat, Inc. in Brookfield made a presentation on the benefits of radiant panel heating. He asked to be exempted from the statutory requirement to super-insulate homes that use electricity for space heating because it raises the overall cost of installing radiant panels. It was pointed out that s. Comm 22.21 (3), effective 8/1/03, in conjunction with a letter issued by the department, gives users of radiant panels a 17% break on the required U-value of the dwelling's thermal envelope. This is still somewhat less than is needed to overcome the super-insulation requirements of the code. The consensus of the Council was that this code exception gives adequate consideration to radiant panel heat and should be left as currently written.
Outdoor Wood-Fired Boilers. It was suggested that the department try to get an expert from the industry to address the Council on the whole range of outdoor boiler - related issues.
Heated Sidewalks. The consensus of the Council was to make an informational note, perhaps in the appendix, that the Public Service Commission has rules regulating "non-essential uses" of natural gas, such as snow melting and lighting in ch. PSC 136.
NEXT MEETING: Wednesday, November 5, 2003, 9:30 AM.

Thursday, July 31, 2003, 9:00 a.m. - 2:30 p.m., Thompson Commerce Center, 1st Floor, 201 W. Washington Ave., Madison
COUNCIL MEMBER ATTENDANCE: Boehnen, Thomas / chair , P; Davis, Jim / Technical Advisor, EX; Kowalke, Gary / Plumbing Contractors, A; Krowski, Mark / City of Milwaukee, P; Kuhn, Jeff / Plbg. & Mech. Heating Contractors (PM), EX; Macejkovic, Steve / Technical Advisor , EX; McCullough, Clint / Plumbing Contractors, P; Netzler, Bob / WI League of Municipalities (a.m.), P; Newirth, Alex / AFL-CIO Plumbers / Labor , ALT; Petrowitsch, Rudy / ASSE, P; Schlieve, Dale / WI Soc. of Prof. Designers , EX; Shumann, Gene , P; Viola, Dave / PMI , EX; Zoulek, Joe / PHCC & MPA of WI, P
STORMWATER WORKGROUP ATTENDANCE: Mazen M. Amer / City of Milw., Engineering, A; Tom C. Cottreau / City of Milw., Plbg., A; Willie Gonwa / Crispell-Syder, A; Dan Jensen / Weiser Concrete, P; Bob Pups / City of Greenfield, Plbg., P; Mary Ann Lowndes / WDNR, A; Jim Wolf / City of Madison, Plbg., A
STAFF ATTENDANCE: Docken, Lynita / Prog. Mgr., BPD, P; MacCubbin, Jean / Code Consultant, ASD, P; Miller, Jim / Section Chief, BIS, P; Stanlick, Harold / Section Chief, BIS, P; Beckwith, Mike / Products, BIS, P; Schlueter, Glen / BIS (am), P; Taylor, Todd / BPD (am), P; Kraft, Dan / Plbg., BIS, P; Zickert¸ Jim / Plbg., BIS, EX
VISITORS: Maher, Bill / WQA, P; Pody, Louie (Alt For Newirth), ALT.; Luedeke, Jim / Wausau Concerete, P

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