UDC Repair Credential FAQ
To the
Delegated Municipalities,
After recent
inquiries regarding a municipality’s ability to adopt an ordinance requiring a
permit and contractor credentials for repairs to dwellings that are subject to
the Uniform Dwelling Code, the Department of Safety and Professional Service is
providing the following FAQ:
Question:
May municipalities require a building permit and dwelling contractor
credentials to repair a dwelling? Also, does the Uniform Dwelling Code apply to
repairs to dwellings?
Answer:
A municipality may require a building permit for a repair by ordinance, per
Wis. Admin. Code § SPS 320.09(2)(b)1. However, Wis. Admin. Code § SPS 320.05(3)
exempts repairs from the Uniform Dwelling Code. A municipality is unable, due
to this provision, from applying the Uniform Dwelling Code to a repair.
A repair is
defined as “the act or process of restoring to original soundness, including
redecorating, refinishing, nonstructural repairs or maintenance, or the
replacement of existing fixtures, systems or equipment with the equivalent
fixture, system or equipment.” Wis. Admin. Code § SPS 320.07(61). A repair
includes; reroofing, residing, replacement of windows or doors, painting, or
replacing drywall. Examples of what is not a repair are: changing the size of
windows or doors, adding a third layer of singles to the roof, altering the
structure of the roof, or changing the internal layout of the home. These lists
are not inclusive and are intended to service as examples.
To contrast,
an alteration is defined as “an enhancement, upgrading or substantial change or
modification other than an addition or repair to a dwelling or to electrical,
plumbing, heating, ventilating, air conditioning and other systems within a
dwelling.” Wis. Admin. Code § SPS 320.07(4). An alteration on a reroofing job
would be performing work on the structural elements of the roof, such as the
trusses. Changing the venting system, for example, from pot venting to ridge
venting, would also qualify as an alteration.
Wis. Admin.
Code § SPS 320.09(9)(a)3. States that dwelling contractor credentials are only
required when a permit for work covered under Wis. Admin. Code chs. SPS 321 and
322 is required. As repairs are exempted from the Uniform Dwelling Code,
municipalities cannot require dwelling contractor credentials for repairs.
This FAQ is
meant to provide clarification on this specific question, and should not be
broadly construed to apply to other matters. Should you still have questions
regarding the above FAQ, please submit your questions to myself.
Sincerely,
Zachary
Hetfield
DSPSDISLegal@wisconsin.gov
Department of Safety & Professional Services
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