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MADISON, Wis. — A bill to extend the commercial building code enforcement deadline to next spring had its first hearing in Madison.
A group of Wisconsin Republicans last week introduced Assembly Bill 450, which aims to push enforcement over recently adopted building codes to April 1, 2026. The Department of Safety and Professional Services tried to introduce the rules a few years ago but were blocked from implementing them until a recent major court decision.
Previously, the department set a deadline for building code enforcement to start Oct. 1 and then pushed it to Nov. 1 after feedback from the construction industry.
The updated commercial building code, which is pulled from the 2021 International Building Code, was scheduled to go into effect on Aug. 1. However, the bill proposed that the code would not apply to the “public building, public structure or place of employment” if plans are examined by DSPS or a municipality by April 1, 2026.
The Assembly Committee on Housing and Real Estate scheduled a public hearing on Tuesday morning to discuss the bill.
At Tuesday’s hearing, bill co-sponsor State Sen. Rob Hutton (R-Brookfield) said the change posed a challenge for buildings to be approved by local officials, and warned it could risk delays for projects.
“Allowing such a setback to be dealt to building projects throughout the state is especially concerning at a time when the cost of housing has risen out of reach for far too many Wisconsin citizens and more supply is desperately needed,” he added.
Hutton and State Rep. Amanda Nedweski (R-Pleasant Prairie) wrote a letter asking Dan Hereth, secretary-designee of DSPS, to push enforcement of new codes to the start of the 2026 construction season. Currently, the letter has 24 signatures from legislators.
“Construction, like many industries, is being challenged by inflation, lack of skilled workers, and supply chain issues,” legislators wrote. “Unlike other industries, Wisconsin construction is also dealing with the new commercial building code that is suddenly in effect during the height of the 2025 construction season.”
A delay in the deadline will give the industry time to acclimate to new rules and regulations and will allow long-planned projects to go forward instead of going back to the drawing board, legislators wrote.
“By enforcing this new commercial building code in the middle of peak construction season, builders and contractors will be hit with significant cost increases that may force them to either delay or suspend ongoing projects,” said Nedweski in a statement. “The letter that myself and Sen. Hutton are circulating simply asks DSPS Secretary-designee Hereth to delay enforcement of the new commercial building code until April of 2026, rather than imposing new requirements in the middle of peak construction season.
“I’m cautiously optimistic that Secretary-designee Hereth will listen to our request, as DSPS has already delayed implementation of this new code twice,” Nedweski added. “This isn’t — or shouldn’t be — a partisan issue. Every legislator, Republican or Democrat, has ongoing projects in their district that will provide a benefit to their constituents. It’s in everyone’s best interest that these projects go on as scheduled without additional complications or costs.”
The implementation of the 2021 IBC comes from a Wisconsin State Supreme Court decision in July in Evers v. Marklein II, which found a legislative committee blocking administrative rules against the state constitution. The decision allowed state departments to introduce new administrative rules without a “legislative veto.”
Some architects, already swamped with work, need time to read the new code and get direction from DSPS, said Terrence Wall, president of Middleton-based T. Wall Enterprises.
“Quite frankly, DSPS needs the time to properly and in an organized manner, implement the new code and have time to train its own code reviewers,” Wall said. “Remember, many code reviewers are located in different cities across the state and they don’t know what the new code changes are or how to interpret or enforce those changes.”
DSPS officials declined to comment on the legislation.
“We want to be good partners to Wisconsin’s building professionals,” Dan Hereth, secretary of DSPS, wrote in a statement after the department shifted the deadline to Nov. 1.
“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.”
