LRB-0750/1
MGG:kjf:pg
2007 - 2008 LEGISLATURE
November 9, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Ethics Reform and Government Operations.
SB316,1,2
1An Act to amend 101.127 of the statutes;
relating to: the residential facilities
2council (suggested as remedial legislation by the Department of Commerce).
Analysis by the Legislative Reference Bureau
Under current law, the Department of Commerce (Commerce) is required to
develop a building code for buildings converted to be used as community-based
residential facilities. Current law states that Commerce is required to consult with
the Residential Facilities Council in developing the code. This bill deletes this
provision since the council is no longer in existence.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Commerce and introduced by the Law Revision
Committee under s. 13.83 (1) (c) 1. and 5., as a result of the Revisor of Statutes' case and
opinion review under s. 13.93 (2) (d), stats. After careful consideration of the various
provisions of the bill, the Law Revision Committee has determined that this bill makes
minor substantive changes in the statutes, and that these changes are desirable as a
matter of public policy.
SB316, s. 1
3Section
1. 101.127 of the statutes is amended to read:
SB316,2,15
1101.127 Building requirements for certain residential facilities. The
2department, after consultation with the department of health and family services,
3shall develop a building code for previously constructed buildings converted to use
4as community-based residential facilities as defined in s. 50.01 (1g) which serve
5between 9 and 20 residents who are not related to the operator or administrator. In
6setting standards, the department shall consider the criteria enumerated in ss. 46.03
7(25) and 50.02 (3) (b), and in addition shall consider the relationship of the
8development and enforcement of the code to any relevant codes of the department of
9health and family services. The objectives of the code shall be to guarantee health
10and safety and to maintain insofar as possible a homelike environment.
The
11department shall consult with the residential facilities council in developing the
12code. Notwithstanding s. 101.121, a historic building as defined in s. 101.121 (2) (am)
13which is converted to use as a community-based residential facility serving between
149 and 20 residents who are not related to the operator or administrator is governed
15only by the building code promulgated under this section.
Note: The residential facilities council was created by ch. 413, laws of 1975, Sec.
16m. The council was directed to advise the department of industry, labor and human
relations on the promulgation of the residential facilities building code, which was
required under ch. 413. Chapter 413 provided that the council disband upon
promulgation of the code. According to the Department of Commerce, the council
disbanded in approximately 1979.
