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The Blueprint
- Assembly Bill 450 delays enforcement of Wisconsin‘s updated commercial building code.
- Delay intended to give developers clarity and avoid project disruptions.
- Support from construction groups; opposition from Milwaukee city officials.
- DSPS notes it is the first code update in a decade and aims for a smooth transition.
MADISON, Wis. — A bill to delay enforcement of the commercial building code passed the Wisconsin State Assembly.
The Assembly on Oct. 7 passed Assembly Bill 450, which would push recently adopted state building codes to April 2026. The Wisconsin Department of Safety and Professional Services adopted new codes this year but delayed enforcement twice, citing feedback from the building industry.
The bill “provides much-needed clarity,” and will implement the new building code on April 1, 2026, said Rep. William Penterman, R-Hustisford, during the floor session. The bill is meant to avoid delays for construction projects in the pipeline and clear up confusion with the state licensing agency, he added.
The updated commercial building code is based on the 2021 International Building Code, with some adjustments specific to Wisconsin. The codes were filed in August, but enforcement was pushed back to October and eventually November.
The proposed bill says that the code would not apply to any “public building, public structure or place of employment” if plans are examined by DSPS or a municipality before April 1, 2026.
The Apartment Association of South Central Wisconsin, the Associated Builders and Contractors of Wisconsin, and NAIOP Wisconsin registered in support of the bill, according to the Wisconsin Ethics Commission. The city of Milwaukee, Clean Wisconsin and Wisconsin Conservation Voters all registered against it.
After a review by the city of Milwaukee Department of Neighborhood Services, the city determined further delay of the 2021 International Building Code “does not support the health, safety and welfare of our community,” a city of Milwaukee spokesperson said.
“Further, allowing developers to submit plans that comply with either the 2015 IBC or the 2021 IBC would create additional administrative burdens upon the City of Milwaukee,” the spokesperson added.
DNS had already reviewed plans in line with the 2021 IBC before the code was adopted and has trained its staff to transition to the new code, the spokesperson said.
The Wisconsin commercial building code was previously updated in spring of 2018, DSPS officials said. This year, the agency filed with the Legislative Reference Bureau on July 18. The new code was published in August and enforcement will start in November.
DSPS delayed its enforcement from October to November after receiving feedback from the construction industry, department officials said.
“We want to be good partners to Wisconsin’s building professionals,” said Dan Hereth, secretary of DSPS, in a statement. “The process to develop this code experienced delays beyond usual rulemaking, including legislative tactics that stalled progress and the resulting court proceedings. As a result, this is the first upgrade to this code in a decade and represents a big change for the industry. So, to ensure a smooth transition for our partners in the building industry, we are granting an additional grace period for project submittals.”
Supplemental submissions for fire suppression and alarm, HVAC, boiler, elevator and refrigeration systems must align with the code which the commercial building plan was approved, no matter how many months after implementation, officials added.
In 2023, DSPS tried to implement new codes under an administrative rule but was essentially blocked by a Legislative committee. In July, the Wisconsin Supreme Court ruled that the committee’s “legislative veto” was unconstitutional, which opened the way for some rules under Gov. Tony Evers’ administration.
The bill was referred to the Committee on Licensing, Regulatory Reform, State and Federal Affairs.
