Building Industry Presses for More Time as New Code Nears

Wisconsin lawmakers are calling for a pause on the state’s new commercial building code, warning that its sudden enforcement could stall long-planned construction projects and increase costs during an already difficult season for builders.

Senate Majority Leader Devin LeMahieu and a group of legislators signed a letter to Department of Safety and Professional Services (DSPS) Secretary-Designee Dan Hereth this week, urging him to delay enforcement until the start of the 2026 construction season.

Concerns Over Sudden Implementation

The new code, modeled largely after the 2021 International Energy Conservation Code, was initially proposed more than two years ago. But its sudden implementation this fall stems from a Wisconsin Supreme Court ruling that altered how administrative rules are approved. Lawmakers say that timing has left builders scrambling to meet compliance requirements at the height of the 2025 construction season.

Construction companies are already facing hurdles from inflation, labor shortages, and supply chain issues. Adding new building standards without additional time to prepare, LeMahieu warned, could result in costly redesigns, delays, or even cancellations of major projects.

“These projects have been years in the making,” he said in the letter. “Without a delay, many of them will have to literally go back to the drawing board.”

Impact on Major Projects

The lawmakers emphasized that the new rules are particularly disruptive to large projects in urban areas, where approvals, financing, and planning often take more than a decade. Several developments — including factories, hospitals, schools, and housing complexes — are on the verge of breaking ground but are not yet far enough along to comply with the updated code.

If the enforcement date is not extended, many of these projects could face significant setbacks or risk being abandoned altogether. Builders say the transition would be especially difficult as the construction season winds down in Wisconsin, when weather already limits the ability to keep projects moving forward.

Request for an Extension

In response to industry concerns, DSPS has already pushed back compliance deadlines twice, most recently until October 31. But legislators argue that a short extension is not enough. They are asking for a delay until April 2026, which they say would give companies time to adjust and align new projects with the updated requirements.

LeMahieu noted that Wisconsin typically uses wetland delineation as a proxy for the construction season, beginning in mid-April and ending in mid-October. Waiting until then to enforce the code, he said, would give builders and engineers a realistic window to prepare.

Balancing Safety and Cost

Supporters of the delay stressed that their request is not about rejecting modern standards but about implementing them responsibly. They pointed out that the current code — based on the 2015 International Energy Conservation Code with Wisconsin-specific adjustments — has served the state well throughout the administration of Governor Tony Evers.

That version balanced safety requirements with cost-benefit analysis, lawmakers argue, ensuring protections for workers and communities without imposing sudden financial burdens. A short delay, they contend, would maintain those protections while giving the industry time to meet the new standards.

Looking Ahead

LeMahieu and his colleagues made clear that their request is aimed at protecting growth in Wisconsin. With major developments on the line, they believe a delay until 2026 is necessary to prevent wasted time and money and to ensure that projects vital to the state’s economy — from factories to schools — can move forward as planned.

“This is about supporting the people who build Wisconsin,” LeMahieu said. “If we allow time to adapt, we can protect both taxpayers and the long-term health of our construction industry.”