208 Relating to: exemption from construction standards for certain load-bearing dimension lumber.  

  • Date of enactment: April 7, 2008
    2007 Senate Bill 28 Date of publication*: April 21, 2008
    * Section 991.11, Wisconsin Statutes 2005-06 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
    2007 WISCONSIN ACT 208
    An Act to renumber and amend 101.977; to amend 101.66 (1); and to create 36.25 (47), 101.66 (1m) and 101.977 (2) of the statutes; relating to: exemption from construction standards for certain load-bearing dimension lumber and establishing a training program in the grading of lumber.
    The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
    Section 1b . 36.25 (47) of the statutes is created to read:
    36.25 (47) Lumber grading training program. (a) In this subsection:
    1. "Department" means the department of natural resources.
    2. "Department employee" means an employee of the department who is knowledgeable in the marketing of forest products and who is selected by the secretary to act under this subsection.
    (b) The forest products outreach program at the University of Wisconsin-Stevens Point, in cooperation with the department, shall establish a basic lumber grading training program for individuals and establish the general requirements for successfully completing the training program, including requirements for initial certification and recertification. The training program shall be offered in the extension on an annual basis. The faculty at the forestry outreach program, in cooperation with the department employee, shall develop and establish the content of the training program and shall determine the certification requirements for instructors teaching the training program. Instructors shall be certified by the department.
    (c) The department, in cooperation with the board, shall establish a procedure under which the department determines successful completion of the training program and issues certifications of accomplishment to the individuals who are certified or recertified as having successfully completed the training program. Under the procedure, the department employee may delegate to the program instructors the process of determining successful completion and issuing certificates of accomplishment.
    (d) An individual holding an initial certificate of accomplishment shall be recertified under the training program every 5 years.
    (e) The department employee may exempt from the training program an individual who has any of the following:
    1. A bachelor's or postgraduate degree in forest products or wood science and technology.
    2. A degree that is equivalent to a degree specified in subd. 1.
    3. A level of experience or background in understanding wood properties, construction, and design that the department employee determines to be equivalent to the level of understanding held by an individual who successfully completes the training program.
    (f) The department employee shall issue a certificate of accomplishment to each individual who meets the requirement under par. (e). A certificate of accomplishment issued under this subdivision applies only to the initial certification requirement and an individual receiving such a certificate must be recertified as required under par. (d).
    Section 1m . 101.66 (1) of the statutes is amended to read:
    101.66 (1) Every Except as provided in sub. (1m), every builder, designer , and owner shall use building materials, methods , and equipment which are in conformance with the one- and 2-family dwelling code.
    Section 2 . 101.66 (1m) of the statutes is created to read:
    101.66 (1m) (a) No person may use in a one- or 2-family dwelling load-bearing dimension lumber that has not been tested and approved for conformance as required by the department unless the lumber is approved for use under par. (c) and one of the following applies:
    1. The lumber has been milled at the request of the person owning the lumber for use in the construction of the dwelling, and the dwelling will be inhabited by the person owning the lumber.
    2. The person milling the lumber sells the lumber directly to a person who will inhabit the dwelling or to a person acting on his or her behalf and for whom a building permit has been issued for the dwelling.
    (b) The lumber shall be milled so that it meets or exceeds the requirements of the one- and 2-family dwelling code. The person milling the lumber shall provide to the person receiving the lumber a written certification that the lumber meets or exceeds these requirements. The department shall design and provide forms for this purpose.
    (bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under s. 36.25 (47) and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.
    (c) Upon receipt of a copy of the certification required under par. (b) an inspector who is certified under sub. (2) may either authorize the use of the lumber, reject the use of the lumber, or authorize its use subject to more restrictive construction requirements, including requirements as to size, spacing, length of spans, and design.
    Section 3 . 101.977 of the statutes is renumbered 101.977 (1) and amended to read:
    101.977 (1) A Except as provided in sub. (2), a person who constructs a multifamily dwelling shall use building materials, methods , and equipment that are in conformance with the standards prescribed under s. 101.973 (1).
    Section 4 . 101.977 (2) of the statutes is created to read:
    101.977 (2) (a) No person may use in a multifamily dwelling load-bearing dimension lumber that has not been tested and approved for conformance as required by the department unless the lumber is approved for use as provided under par. (c) and if one of the following applies:
    1. The lumber has been milled at the request of the person owning the lumber for use in the construction of the multifamily dwelling, a dwelling unit of which will be inhabited by that person.
    2. The person milling the lumber sells the lumber directly to a person who will inhabit the dwelling unit in the multifamily dwelling, or to a person acting on his or her behalf and for whom a building permit has been issued for the multifamily dwelling.
    (b) The lumber shall be milled so that it meets or exceeds the requirements of the standards prescribed in s. 101.973. The person milling the lumber shall provide to the person receiving the lumber a written certification that the lumber meets or exceeds these requirements. The department shall design and provide forms for this purpose.
    (bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under s. 36.25 (47) and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.
    (c) Upon receipt of a copy of the certification required under par. (b), an inspector who inspects multifamily dwellings for compliance with this subchapter may either authorize the use of the lumber, reject the use of the lumber, or authorize its use subject to more restrictive construction requirements, including requirements as to size, spacing, length of spans, and design.

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