State
Building Code Will Now be
Enforced in Rural Areas
By Tom Larson
MADISON,
WI – Beginning January 1, 2005, the
Wisconsin Department of Commerce will require all new homes in Wisconsin to be inspected to ensure
compliance with the state's Uniform Dwelling Code (UDC). This is a change
in state law, which previously exempted new homes from inspection
requirements if a home was located in a community with a population of less
than 2,500.
The change was made in response to complaints from numerous rural
homeowners who, after finding major defects with their homes, discovered
that their homes had not been inspected. Under the exemption for small
communities, an estimated 10,000 homes per year were not inspected.
The Uniform Dwelling Code
The UDC is a uniform statewide code that sets minimum standards for fire
safety; structural strength; energy conservation; erosion control; heating,
plumbing and electrical systems; and general health and safety in new
dwellings. The UDC applies to all new one- and two-family dwellings built
since June 1, 1980, and their additions and alterations.
Enforcement of the UDC
The UDC is primarily enforced by municipal or county building inspectors
who must be state certified. In lieu of local enforcement, municipalities
have the option to have the state provide enforcement through
state-certified inspectors but only for new homes. To determine whether the
municipality, county or state provides UDC enforcement, contact your
municipality or the state Division of Safety and Buildings at (608)
266-3151. Permit requirements for alterations and additions will vary by
municipality. Regardless of permit requirements, state statutes require
compliance with the UDC rules by owners and builders even if there is no
enforcement.
To help builders and property owners identify qualified building
inspectors in their area, the state Department of Commerce has created a
preliminary list of building inspectors. The list identifies qualified
inspectors in each county and will be updated on a regular basis. To access
the list, visit www.commerce.wi.gov/wps/sb/content/docs/SB-UDCMuniStatus.pdf.
However, the best way to determine who is qualified to inspect homes in
your area is to contact your county, town, village or city clerk's office.
The Department of Commerce will be mailing information about qualified
inspectors directly to communities.
Common Questions Regarding Building Inspection
To help builders and consumers better understand the building inspection
requirements, the Wisconsin Builders Association has prepared the following
questions and answers:
What buildings are covered by the UDC?
The UDC covers new one- and two-family dwellings built since June 1, 1980,
and their additions and alterations. This includes:
What
about homes built before June 1, 1980?
The state does not have a construction or heating code for additions or
alterations to older homes or any accessory structures or outbuildings.
However, the state plumbing, electrical and smoke detector codes do apply
to all dwellings, regardless of their age.
Do all homes have to be inspected?
Beginning January 1, 2005, all new homes, wherever they are built, must be
inspected. Prior to January 1, a town or village with a population of less
than 2,500 could allow new homes to be built in the community without a
building inspection.
Who can do the inspection?
A state-licensed building inspector must conduct the inspection. The
inspector may be employed by the local government or the county, or he or
she may be a private agent working under contract with the Wisconsin
Department of Commerce.
What qualifications must inspectors have?
An inspector must have a state inspector's license, and can only inspect
parts of construction covered by his or her license. There are separate
inspector certifications for construction, plumbing, electrical, HVAC and insulation,
although many inspectors have all five certifications.
What will an inspection cost?
The cost of an inspection will vary from community to community. Wisconsin law requires the building permit fee to be
no more than the actual cost of providing the inspection service. The
Department of Commerce's guidance document on how inspection rates should
be calculated estimates inspections may range from $368 to $427, or from $0.10 to $0.27 per square foot.
Will houses already under construction require an inspection?
No. The new inspection requirement does not apply to homes that are covered
by a state administrative building permit issued prior to January 1, 2005,
or to homes where the footings and foundation were completed prior to
January 1, 2005.
Will additions or remodeling require an inspection?
The Department of Commerce will not require additions or remodeling to be
inspected. Local governments, however, may require those projects to be
inspected.
How can I find out who the inspector is for my community?
First, check with your town or county clerk's office. The information
will also be available from the Wisconsin Builders Association. Finally,
the Department of Commerce will list the inspection agencies and their
areas on its Web site at commerce.wi.gov/SB/SB-UDCProgram.html.
What if the inspector is a competing builder?
Inspectors are not allowed to also perform construction in the communities
they inspect.
Will there be long waits for inspections?
No. Inspectors are required by state regulation to respond promptly
(usually within two to five business days) to inspection and building
permit requests. In most cases, if the inspector fails to show up for a
scheduled inspection, the builder may proceed with construction.
Will hunting shacks, ice shanties, etc. have to be inspected?
All "dwellings" must be inspected. It is up to a local
government, through its zoning power, to decide what a "dwelling"
is. If there is no local zoning ordinance on the subject, the Department of
Commerce will not require the inspection of buildings that have less than
120 square feet of living space or that have fabric walls.
Where can I go for more information?
Visit the Department of Commerce's Web site at commerce.wi.gov/SB/SB-UDCProgram.html.
Published: January 5, 2005
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