101.121 State historic building code.
(1) Purpose. It is the purpose of this section to provide alternative standards, when necessary, for the preservation or restoration of buildings or structures designated as historic buildings. The development and application of these alternative standards is a matter of statewide concern. These alternative standards are intended to facilitate the restoration of historic buildings so as to preserve their original or restored architectural elements and features, to encourage energy conservation, to permit a cost-effective approach to preservation and restoration and to provide for the health, safety and welfare of occupants and visitors in historic buildings.
(2) Definitions. In this section:
(a) “Certified local register of historic property" means a register of historic property which is part of a historic preservation ordinance promulgated by a city, village, town or county if the ordinance is certified by the state historical society under s. 44.44.
(am) “Historic building" means any building or structure that is significant in the history, architecture or culture of this state, its rural or urban communities or the nation.
(b) “National register of historic places in Wisconsin" means the places in Wisconsin that are listed on the national register of historic places maintained by the U.S. department of the interior.
(c) “Qualified historic building" means a historic building which:
1. Is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places;
2. Is included in a district which is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district;
2m. Is determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places;
3. Is listed on a certified local register of historic property; or
4. Is included in a district which is listed on a certified local register of historic property, and has been determined by the city, village, town or county to contribute to the historic significance of the district.
(d) “State register of historic places" means the places in Wisconsin listed by the state historical society under s. 44.36, except for a place listed as an interim listing by the state historical society under s. 44.36 (5) (a) 3.
(3) Rules.
(a) For any rule under this chapter or ch. 145 which applies to buildings, the department may provide an alternative rule which accomplishes the same general purpose and applies only to qualified historic buildings. These alternative rules shall permit, to the maximum extent possible, the use of original or duplicates of original materials, the maintenance of the original appearance of all components of a historic building and the use of original construction techniques. The department shall consult with the historic building code council regarding the development of alternative rules. All alternative rules taken together constitute the historic building code.
(b) In order to permit the proper preservation or restoration of a qualified historic building, the department may grant a variance to any rule or alternative rule under this chapter or ch. 145 if the owner demonstrates that an alternative proposed by the owner accomplishes the same purpose as the rule or alternative rule. With respect to any variances requested under this chapter or ch. 145, the department shall give priority to processing variance requests by owners of qualified historic buildings. The department shall maintain a list of variances granted under this paragraph to owners of qualified historic buildings.
(4) Election.
(a) Except as provided in par. (b), the owner of any qualified historic building may elect to be subject to the historic building code promulgated under sub. (3). Except as provided in s. 101.127, no owner who elects to be subject to the historic building code may be required to comply with any provision of any other building code, including but not limited to any county or municipal building code, or of any other local ordinance or regulation, if that provision concerns a matter dealt with in the historic building code.
(b) Paragraph (a) does not apply to any owner of a nursing home as defined in s. 50.01 (3), a hospital as defined in s. 50.33 (2) (a) and (c) or an approved public or private treatment facility for alcoholics and persons who are drug dependent as defined in s. 51.45 (2) (b) and (c).
History: 1981 c. 341; 1981 c. 391 s. 210; 1983 a. 189 s. 329 (5); 1985 a. 332; 1987 a. 395; 1991 a. 39; 1993 a. 471; 2017 a. 34.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
101.02 - Powers, duties and jurisdiction of department.
101.022 - Certain laws applicable to occupational licenses.
101.023 - Commercial building code council duties.
101.025 - Ventilation requirements for public buildings and places of employment.
101.027 - Energy conservation code for public buildings and places of employment.
101.03 - Testimonial powers of secretary and deputy.
101.05 - Exempt buildings and projects.
101.053 - Recreational and educational camps.
101.055 - Public employee safety and health.
101.11 - Employer's duty to furnish safe employment and place.
101.111 - Excavations; protection of adjoining property and buildings.
101.12 - Approval and inspection of public buildings and places of employment and components.
101.121 - State historic building code.
101.1215 - Abrasive cleaning of historic buildings.
101.125 - Safety glazing in hazardous locations.
101.127 - Building requirements for certain residential facilities.
101.13 - Physically disabled persons; place of employment and public building requirements.
101.132 - Physically disabled persons; housing requirements.
101.135 - Uniform firewall identification.
101.137 - Fire suppression; ozone-depleting substances.
101.14 - Fire inspections, prevention, detection and suppression.
101.141 - Record keeping of fires.
101.1472 - Contractor regulation.
101.149 - Carbon monoxide detectors.
101.15 - Mines, tunnels, quarries and pits.
101.16 - Liquefied petroleum gas.
101.17 - Machines and boilers, safety requirement.
101.175 - Local energy resource systems.
101.178 - Installation and servicing of heating, ventilating and air conditioning equipment.
101.55 - Executive agreements to control sources of radiation.
101.573 - Fire dues distribution.
101.575 - Entitlement to dues.
101.578 - Protection of medical waste incinerator employees.
101.58 - Employees' right to know.
101.581 - Notice requirements.
101.583 - Toxic substance information requirements; employer to employee.
101.585 - Infectious agent information requirements; employer to employee.
101.586 - Pesticide information requirements; employer or agricultural employer to employee.
101.587 - Information requirements; employer or agricultural employer to department.
101.588 - Information collection and maintenance; department.
101.589 - Extended time periods; exceptions.
101.59 - Manufacturer, supplier; requirements.
101.592 - Confidential information.
101.597 - Education and training programs.
101.599 - Remedies; civil forfeitures.
101.62 - Uniform dwelling code council.
101.642 - Certain rules prohibited.
101.647 - Carbon monoxide detectors.
101.651 - Special requirements for smaller municipalities.
101.652 - Manufactured homes; responsibility for compliance.
101.653 - Construction site erosion control.
101.654 - Contractor certification; education.
101.66 - Compliance and penalties.
101.72 - Uniform dwelling code council.
101.743 - Certain rules prohibited.
101.75 - Inspections, insignia and alterations.
101.761 - Certain municipalities excepted.
101.861 - Municipal licensing authority.
101.862 - License or registration required.
101.868 - Requirements for master electricians.
101.87 - Requirements for journeyman electricians.
101.88 - Compliance and penalties.
101.92 - Departmental powers and duties.
101.9202 - Excepted liens and security interests.
101.9203 - When certificate of title required.
101.9204 - Application for certificate of title.
101.9205 - When department to issue certificate and to whom; maintenance of records.
101.9206 - Contents of certificate of title.
101.9207 - Lost, stolen or mutilated certificates.
101.9209 - Transfer of interest in a manufactured home.
101.921 - Transfer to or from dealer.
101.9211 - Involuntary transfers.
101.9212 - When department to issue a new certificate.
101.9213 - Perfection of security interests.
101.9214 - Duties on creation of security interest.
101.9215 - Assignment of security interest.
101.9216 - Release of security interest.
101.9217 - Secured party's and owner's duties.
101.9218 - Applicability of manufactured home security provisions.
101.9219 - Withholding certificate of title; bond.
101.922 - Suspension or revocation of certificate.
101.9221 - Grounds for refusing issuance of certificate of title.
101.9222 - Previously certificated manufactured homes.
101.933 - Manufactured housing code council duties.
101.934 - Manufactured housing rehabilitation and recycling.
101.935 - Manufactured home community regulation.
101.937 - Water and sewer service to manufactured home communities.
101.95 - Manufactured home manufacturers regulated.
101.951 - Manufactured home dealers regulated.
101.952 - Manufactured home salespersons regulated.
101.953 - Warranty and disclosure.
101.954 - Sale or lease of used manufactured homes.
101.955 - Jurisdiction and venue over out-of-state manufacturers.
101.96 - Manufactured home installation regulated.
101.981 - Definitions; modification by rule.
101.982 - Conveyance safety code.
101.983 - Approvals and permits for conveyances required.
101.984 - Licenses and supervision required.
101.985 - Licensing qualifications and procedure.