101.648 Waiver; smoke detector and carbon monoxide detector requirements; plumbing and electrical standards.

(1) In this section:

(a) “Building permit" means a permit that authorizes the construction or occupancy of a one- or 2-family dwelling.

(b) “Dwelling construction standard" means a requirement imposed under s. 101.645 (3) or 101.647 (3) or a requirement imposed under any provision of ch.101 or 145 applicable inside one- and 2-family dwellings or under any ordinance of a political subdivision relating to standards for electrical wiring or plumbing applicable inside one- and 2-family dwellings.

(c) “Political subdivision" means a city, village, town, or county.

(2) Except as provided in sub. (9), a person who is issued a waiver from a requirement to comply with a dwelling construction standard under this section is not required to comply with that standard.

(3)

(a) Except as provided in par. (b), a person is eligible to obtain a waiver from the requirement to comply with a dwelling construction standard if the person submits a signed application form requesting the waiver to the political subdivision that is responsible for issuing building permits for dwellings. The application shall include an attachment containing the address or other identifying information that describes the location of the dwelling and specifying the dwelling construction standard from which the person seeks a compliance waiver.

(b) If the department issues building permits for dwellings in a political subdivision, a person applying for the waiver shall submit the application to the department.

(4) The department shall prescribe and furnish a waiver application form to each political subdivision that issues building permits for dwellings. The form shall be written in simple and plain language and shall list, in a check-off format, each of the following statements:

(a) The person's religious beliefs and the established tenets or teachings of the religious sect of which the person is a member conflict with one or more dwelling construction standards.

(b) The dwelling for which the waiver is requested will be used solely as a residence for the person or members of the person's household.

(c) The waiver is requested based upon the long-established tenets and teachings of the religious sect of which the person is a member and the religious sect did not establish these tenets and teachings solely to avoid compliance with dwelling construction standards.

(d) The person agrees to modify the dwelling for which the waiver is requested to comply with dwelling construction standards if the person ceases to adhere to the tenets or teachings of the religious sect of which the person is a member and upon which the waiver is requested.

(5) A political subdivision that issues building permits and that receives a completed and signed waiver application form shall promptly issue a waiver to the applicant if all of the following apply:

(a) The political subdivision has no reason to believe that the statements provided by the applicant on the waiver application form are untrue.

(b) The political subdivision is satisfied that the waiver will not result in an unreasonable risk of harm to public health or safety.

(c) The waiver specifies those dwelling construction standards with which the applicant is not required to comply.

(6) A political subdivision that finds that an applicant is not entitled to receive a waiver under this section shall promptly notify the department of its finding together with a description of the political subdivision's basis for its finding. If the department agrees with the political subdivision's finding, it shall deny the waiver and notify the applicant that the waiver is denied. If the department disagrees with the political subdivision's finding, it shall issue the waiver to the applicant and notify the political subdivision that the department has issued the waiver. Upon receipt of the notice, the political subdivision shall waive the applicant's requirement to comply with the dwelling construction standards specified in the waiver.

(7) A person is entitled to obtain a waiver under this section before, during, or after construction of a one- or 2-family dwelling.

(8) Neither a municipality nor the department may charge a person a fee to apply for or to receive a waiver under this section.

(9) A waiver issued under this section is invalid if the political subdivision that issued the waiver or the department find that any of the following applies:

(a) A statement on the waiver form submitted by the person to whom the waiver was issued is untrue.

(b) The basis upon which the waiver was issued no longer applies.

(c) The dwelling is occupied by a person who does not hold the religious beliefs that form the basis for issuing the waiver.

(10) Neither the department nor a political subdivision may take any enforcement action, nor proceed with any enforcement action initiated on or before July 14, 2015, against a person with respect to a dwelling construction standard if the person has a valid waiver issued under this section that waives compliance with the requirement.

History: 2015 a. 55; 2017 a. 240.