Bill to delay new commercial building code enforcement gets public hearing today

The Assembly Housing and Real Estate Committee will hold a public hearing on a series of housing bills today, including one to delay the enforcement of the new commercial building code until April 2026. 

The Department of Safety and Professional Services initially sought to bring Wisconsin in line with the 2021 International Building Code standards two years ago, but the Joint Committee for Review of Administrative Rules blocked implementation of the changes.

AB 450 comes after the state Supreme Court ruled the Legislature can’t indefinitely block administrative rules in a lawsuit Dem Gov. Tony Evers filed over the building codes and other proposals from his administration.

Since the Supreme Court ruling, DSPS has twice delayed enforcement of the new code — first from Sept. 1 to Oct. 1, and then from Oct. 1 to Nov. 1. Secretary Dan Hereth has said the grace period will help ensure a smooth transition for the building industry. 

Meanwhile, Sen. Rob Hutton, R-Brookfield, and Rep. Amanda Nedweski, R-Pleasant Prairie, are circulating a letter for lawmakers to sign asking Hereth to delay the building code changes until April 2026 to prevent construction projects from being delayed or halted altogether.

“Doing so will not only give everyone in the Wisconsin construction industry time to acclimate to the new building rules and regulations, but also allow long-planned projects to go forward rather than literally going back to the drawing board,” they wrote. 

A DSPS spokesperson declined to comment on AB 450, saying the agency generally doesn’t respond to proposed legislation. Asked if DSPS would extend the grace period again, DSPS referred WisPolitics to a past release announcing the delay to Nov. 1. 

AB 450 is one of several proposals on the Housing and Real Estate Committee’s agenda that Chair Rob Brooks, R-Saukville, announced as part of a new affordable housing package last week. That includes bills related to a workforce home loan program, local regulation of accessory dwelling units and a condominium conversion reimbursement grant program.