RESIDENTIAL
BUILDING
OR REMODELING A HOME IN
HERE IS IMPORTANT INFORMATION ON
This brochure is meant to assist homeowners and
builders in getting started in designing and building a code-complying home. If
you will be actually designing and building a home, it will be necessary to
purchase the proper codebooks.
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The
statewide code for newer homes in
The
UDC is principally enforced by municipal building inspection departments and
state-contracted UDC inspection agencies. The Wisconsin Division of Safety and
Buildings facilitates uniformity of its enforcement through code development,
code interpretations, special investigations, inspector training and
certification, processing of petitions for variance and monitoring manufactured
dwelling firms.
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PURPOSE AND SCOPE OF THE
UDC
Q. What
is the purpose of the UDC?
A.
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.
Q. What
buildings are covered by the UDC?
A.
The UDC covers new one- and
two-family dwellings built since
☐ Seasonal and
recreational dwellings (Electrical,
heating or plumbing systems are not required, but if installed they shall
comply with the applicable codes. If a home is heated, then it shall be
insulated. Local sanitary requirements may require certain plumbing systems.)
☐ One-
and two-family condominium buildings.
☐ A single-family
residence connected to a commercial occupancy.
☐ Community-based
residential facilities with up to 8 residents.
☐ Manufactured, modular or
panelized dwellings regulated by the State (but not mobile or manufactured
homes regulated
by the
Federal Government).
☐ Additions to mobile or
manufactured homes produced after
☐ A non-residential
building, such as a barn, that is converted to a dwelling.
☐ Additions to at least 50 year old homes intended to conform to the Bed
and Breakfast
Q. What
structures are not covered by the UDC? (These are
covered in some municipalities)
A.
The following are not covered:
☐ Dwellings built
before
☐
☐ Multi-unit (three or
more) residential buildings which are regulated by the State Commercial
Building Codes.
☐ Detached garages or accessory buildings.
Q. What
about homes built before
A.
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 age. For construction
and heating standards for older homes, municipalities may adopt any or
no code. Many use the UDC. Others use the Wisconsin Uniform
Building Code, which is not a State code but rather a regional code in
southeastern
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UDC ENFORCEMENT
Q. Who
enforces the UDC?
A.
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 inspection agencies for just new homes. To
determine whether the municipality, county or state provides UDC enforcement,
contact your municipality or the Division of Safety and Buildings (contact
information at end of brochure). Note the option of no UDC enforcement for
municipalities of less than 2500 population no longer exists as of
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BUILDING A UDC HOME
Q. What are the typical steps in building, adding onto or
altering a code-complying home?
A. The steps to be taken by an owner or builder can be
summarized as follows. (Some steps may not apply to alterations or additions):
☐ Make initial contact
with local zoning and building inspection departments to get an Energy
Worksheet, Building Permit Application, zoning rules and other basic
information. Determine if your alteration requires a permit or if you need your
property surveyed.
☐ Design the home using
standard design tables from the UDC or design a more customized home as long as
it is demonstrated that the design meets the general engineering standards of
the code. In addition to the UDC, the dwelling’s design may also be subject to
subdivision rules or restrictive covenants.
☐ Obtain sanitary or well
permits from the county or municipality if the home will use a private sewage
system or well.
☐ Obtain floodplain,
zoning and land use approvals from the county and municipality having
authority.
☐ Obtain driveway or other
local permits.
☐ Obtain any necessary
utility approvals.
☐ Submit complete plans
including plot, erosion control, foundation, floor layout(s), building
cross-section(s) and exterior building wall views (elevations); Energy
Worksheet; Permit Application; fees and copies of the above permits to the municipal
inspection department.
☐ Begin construction after
plans are approved and building permit is issued and posted.
☐ Install erosion control
measures.
☐ Call for inspections of
each phase of construction at least 2 business days prior to when work is to be
covered up (check the local inspector’s instructions). Inspectors will check
for compliance with the code. Cosmetic or non-code workmanship items will
not normally be ordered corrected. However, inspectors may also check that the
approved plans are being followed, including items above the code minimums.
Deviations from the original plans may require submittal of revised plans.
☐ Take occupancy after
receiving a final inspection in which no major health or safety violations are
found. (Some municipalities will issue occupancy permits.) Also, the dwelling’s
exterior must be completed within two years after permit issuance.
☐ Correct any other code
non-compliances, including stabilization by vegetation of any exposed soil.
Q. Who
may do the work?
A. Following is a summary of applicable regulations:
☐ Anyone may design the home, other than for homes in a
floodplain.
☐ The construction and
erosion control permits must be taken out by a state-certified contractor or by
the owner who occupies the home currently or after completion. Note that State
UDC Contractor Certification checks for general liability insurance only - it does not
test the technical competency of the builder. Starting
☐ The plumbing work must
be supervised by a master plumber and installed by licensed plumbers. (Only
after the dwelling is occupied, may an owner install additional plumbing beyond
the pre-requisite kitchen sink and full bathroom, unless prohibited by municipal
ordinance.)
☐ All heating contractors
must be state-registered. Owners working on their own property are exempted.
☐ Municipalities may have
additional licensing requirements as well as bonding or insurance requirements
for contractors.
In any case, we suggest that you:
☐ Check your contractors
for proper liability and worker’s compensation insurance to minimize your
liability for injuries and damages to, or caused by, contractors.
☐ Check past customer references.
☐ Have a written contract.
☐ Obtain lien waivers from
your subcontractors, so you are not financially responsible if your general
contractor fails to pay them.
Q. What
could happen if the code is not followed?
A.
Failure to comply with the code
could cause the following:
☐ Endangering the health
and safety of self, family or guests.
☐ Levying of fines and/or
refusal to grant occupancy permit by local building inspection department.
☐ Civil
action by owners against builders.
☐ Difficulty
in selling the home.
☐ Civil
action by future owners or tenants against original owners or builders. (The average home is resold every 5 to 7 years.)
☐ Difficulty
in obtaining mortgage loans or property insurance.
☐ Loss
of building and community values.
Q. What
if I am not able to exactly follow the Code?
A.
If it would be difficult to comply
with a particular code provision because of special site or design
considerations or you have a better method of compliance, then you may submit a
petition for variance with the required fees to the State. Your variance must
show an equivalence to the code provision by different
means. (Forms are available from your local building inspector or the Safety
and Buildings Division.)
Q. What
if I have a problem with my home?
A.
Every situation is different, but
possible actions include:
☐ Contact the responsible
general contractor and/or subcontractor for resolution.
☐ Contact your homeowner’s warranty program, if
applicable.
☐ Contact
the local building inspector if the problems are code-related. (Note that
orders may be written against you as the owner.)
☐ Use the local homebuilder association’s arbitration
services, if applicable.
☐ Obtain a consulting engineer or private building
inspector’s report.
☐ Contact the Wisconsin Department of Agriculture,
Trade and Consumer Protection (1-800-422-7128) for alteration and addition
problems.
☐ Use the small claims court system.
☐ Contact an independent mediation/arbitration service.
☐ Obtain a lawyer.
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CODE BOOKS AND INFORMATION
Q. How
do I get copies of the applicable codes?
A.
Local zoning codes may be obtained
from local government offices. The following State codes are needed if you will
be involved in the design and construction of a home:
☐ State Uniform Dwelling Code Chs.
Comm 20-25
☐ State Plumbing Code Chs. Comm 81-87
☐ State Electrical Code Ch. Comm
16
These are available from:
State Document Sales
Before ordering, contact them at (608) 266-3358 to
determine current fees which must be sent with your order. Telephone orders
at
1-800-362-7253 are
accepted when purchasing with a credit card. These codes are available for free
on line at:
www.legis.state.wi.us/rsb/code
In addition, the State Electrical Code adopts the
National Electrical Code, available from:
National
Fire Protection Association
One
Tel. 1-800-344-3555
Q. If I have further questions, who
should I contact?
A.
Again, the UDC is a locally enforced
code, so contact the local municipal building inspection department where the
home will be built. Otherwise you may contact:
Safety
and Buildings Division
(608) 267-5113
An
explanatory UDC Commentary is also available for free off of our website or for
purchase from the Division.