We are finally getting an update to our antiquated commercial building code. Clean Wisconsin has been advocating for this new code since early in the code update process. Because of a recent Wisconsin Supreme Court ruling, a new code (based on a 2021 model code) will be implemented on November 1st. This updated code means new buildings will be more energy efficient, more affordable, more comfortable, and more durable.
Updating the commercial building code will quickly reduce the strain on the energy grid and the energy burden felt by people operating new buildings. The update also means a decrease of an estimated 7500 metric tons of energy related pollution in the first year with the new code, and 5,280,000 metric tons over the next 30 years. That means cleaner air for us all.
Despite these clear benefits, the update process was lengthy and complex. The Commerical Building Code Council submitted a final draft of a new code in 2023. This draft was based on the 2021 International Building Code (IBC), a model code which is used by almost all states in the US. Unfortunately, the process had been stopped in its tracks because of an indefinite block from a legislative committee. The governor had to file a lawsuit, Evers v. Marklein, to stop the legislature from these unconstitutional actions.
Throughout this ordeal, Clean Wisconsin submitted public comments on the code update and filed an amicus curae brief in the court case. In July 2025, the Evers v. Marklein ruling cleared the way for updated codes, resulting in the Department of Safety and Professional Services (DSPS) promulgating them on September 1st. Commercial builders and developers will have until November 1st before all plans submitted to the department will have to comply with the 2021 codes.
The 2021 IBC requires better insulation for walls, ceilings, and floors, which means less heat will escape Wisconsin buildings in the winter and less heat will come into buildings in the summer. The new code also has higher efficiency standards for heating, cooling, and ventilation equipment, and new requirements for high efficiency lighting. The new code also includes a new menu of additional energy efficiency measures that gives commercial developers a choice of how to achieve even higher efficiency levels. All of these changes mean that new commercial buildings will waste significantly less energy, as buildings built to the new code will be at least 19% more efficient than buildings built to the old one.
