CBC Changes Coming

After more than four years, Wisconsin’s commercial building code update process is officially moving forward again—bringing with it important changes that will affect not only the current building environment, but also how future code updates are handled across the state. 

 

Background
For more than four years, the Department of Safety and Professional Services (DSPS) has worked to adopt the 2021 International Building Code (IBC) and International Energy Conservation Code (IECC). However, that process had been delayed by the Joint Committee for Review of Administrative Rules (JCRAR), which had the authority to indefinitely suspend rulemaking.

That changed on July 8, 2025, when we let you know the Wisconsin Supreme Court’s 5–4 ruling in Evers v. Marklein invalidated JCRAR’s power to block administrative rules indefinitely. This landmark decision not only allows DSPS to move forward with the 2021 IBC/IECC update—it also clears the way for future code updates, including the electrical code and the Uniform Dwelling Code (UDC).

Timeline for Implementation
Based on current guidance from DSPS, the updated commercial building code is expected to go into effect on September 1, 2025. However, plans may still be submitted under the existing code until October 1, 2025. After that date, new submittals will need to comply with the revised standards.

WBA will continue to advocate for clarity and reasonable grace periods to ease the transition for design professionals, builders, and others impacted.

What’s in the 2021 IBC and IECC Update?
Key provisions include increased energy efficiency and performance standards such as:

  • Building Envelope: Higher R-values, continuous insulation, and air leakage testing

  • Mechanical Systems: Enhanced HVAC efficiency (ASHRAE 90.1-2019) and demand-control ventilation

  • Lighting: Lower lighting power density and expanded use of automatic lighting controls

  • Water Heating: Increased pipe insulation and sequencing controls

  • EV and Solar Readiness: Conduit and electrical panel space to support future installations

What About Existing Buildings?
Projects that have submitted permits and made substantial progress before the enforcement date will generally remain under the existing code. However, questions remain around how tenant improvements (TIs) in existing commercial buildings may be impacted. WBA is pressing for clear direction from DSPS on whether TIs could trigger full-building compliance under the new rules.

Advocacy in Action
WBA is scheduled to meet with DSPS Secretary Dan Hereth on Monday, August 4 to discuss this update and other code-related concerns. We will share any new information with the membership promptly following that meeting.

Regional Context and Industry Impact
The new requirements will raise upfront construction and compliance costs, and it's worthwhile to recognize that Wisconsin’s approach will now be consistent with neighboring states:

  • Illinois adopted the 2021 IECC in January 2024

  • Michigan began enforcement of the 2021 IECC and ASHRAE 90.1-2019 in April 2025

  • Indiana follows the 2021 IBC

  • Minnesota is currently reviewing updates to its 2018 IECC

WBA will continue to work closely with regulators and lawmakers to ensure that the code adoption process is transparent, balanced, and supportive of housing and development feasibility in Wisconsin.

Stay Informed
This decision marks a significant shift in how administrative rules are adopted in Wisconsin, and we will keep you informed every step of the way.

AdvocacyAlicia Naleidcommercial building code, regulation, wisconsin building