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SPS 361.03(11)(b) (b) The date a local building permit is issued, if plan submittal and approval is not required under s. SPS 361.30.
SPS 361.03(11)(c) (c) The date construction is initiated, where pars. (a) and (b) do not apply.
SPS 361.03(11)(d) (d) The date an occupancy permit is issued, where pars. (a) to (c) do not apply.
SPS 361.03(12) (12)Temporary use. A municipal fire or building code official may permit a building or structure to be used temporarily by the public, subject to all of the following provisions:
SPS 361.03(12)(a) (a) The official shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use. This time frame may not exceed 180 days, except the official may grant extensions for demonstrated cause.
SPS 361.03(12)(b) (b) Except as provided in par. (c), buildings or spaces considered for temporary use shall conform to the requirements of chs. SPS 361 to 366 as necessary to ensure the public safety, health and general welfare.
SPS 361.03(12)(c) (c) The official may require additional safety requirements for a temporary use as a tradeoff for any safety provisions that may be lacking.
SPS 361.03(12)(d) (d) The official may terminate the approval for a temporary use at any time and order immediate discontinuance of the use or complete evacuation of the building or space.
SPS 361.03(13) (13)Existing buildings and structures.
SPS 361.03(13)(a)(a) Unless otherwise specifically stated in chs. SPS 361 to 366, an existing building or structure, and every element, system, or component of an existing building or structure shall be maintained to conform with the Wisconsin administrative building code provisions that applied when the building, structure, element, system, or component was constructed, or altered except when required by subsequent editions of the building code.
SPS 361.03(13)(b) (b) Existing bleachers, grandstands, and folding and telescopic seating shall comply with IBC section 1029.1.1.
SPS 361.03(14) (14)International fire code. The 2015 IFC does not apply to chs. SPS 361 to 366 except as follows:
SPS 361.03(14)(a) (a) Design and construction-related requirements shall apply that are addressed in the IFC section 102.6; IFC chapters 2 to 4; IFC sections 501 to 502 and 504 to 510; IFC sections 601 to 605 and 607 to 609; IFC chapters 7 and 8; IFC sections 901.1 to 901.4.3, 901.4.5 to 909.18.9, and 909.20 to 913; IFC chapters 10, 11, 21, and 22; IFC section 2311.7, and IFC chapters 24 to 37, 50, 51, 54 to 57, 59, 60, 62 to 67, and 80.
SPS 361.03(14)(b) (b) Occupant loads addressed in IFC section 1004.5 shall apply but shall be established by the owner rather than by the code official.
SPS 361.03(14)(c) (c) Construction-related inspections and reports shall apply that are addressed in IFC chapters 2 to 8; IFC sections 901 to 909.18.9 and 909.20 to 913; and IFC chapters 10, 11, 21, 22, 24 to 37, 50, 51, 54 to 57, 59, 60, and 62 to 67, but may be performed or compiled by any qualified agency, rather than by a special inspector.
SPS 361.03(14)(d) (d) Use and operation provisions shall apply which are a contingency of design and construction-related requirements and which are addressed in IFC chapters 2 to 4; IFC sections 501 and 502 and 504 to 510; IFC sections 601 to 605 and 607 to 609; IFC chapters 7 and 8; IFC sections 901.1 to 901.4.3, 901.4.5 to 909.18.9, and 909.20 to 913; and IFC chapters 10, 11, 21, 22, 24 to 37, 50, 51, 54 to 57, 59, 60, 62 to 67, and 80.
SPS 361.03 Note Note: A copy of the 2015 IFC may be viewed or acquired at codes.iccsafe.org.
SPS 361.03(15) (15)Global Deletions For The International Codes. Unless specifically applied by another department-written rule in chs. SPS 361 to 366, the following requirements of the IBC, IEBC, IECC, IFC, IFGC, and IMC do not apply as rules of the department:
SPS 361.03(15)(a) (a) All requirements that specify submittal and approval of construction documents, shop drawings or acceptance tests and records.
SPS 361.03(15)(b) (b) All requirements that specify employing special inspectors or obtaining special inspections or structural observations.
SPS 361.03(15)(c) (c) All requirements that mandate obtaining approval, acceptance or other direction from a building or fire code official.
SPS 361.03 Note Note: This paragraph does not delete options to obtain approval from the Department or its authorized agents for specific circumstances that differ from conditions which are more generally prescribed in the above-listed codes.
SPS 361.03(15)(d) (d) All requirements that specify providing information to a building or fire code official, unless that official requests the information.
SPS 361.03(15)(e) (e) All requirements that address construction in flood hazard areas.
SPS 361.03(15)(f) (f) All requirements that address construction of detached one-or two-family dwellings and any references to the IRC.
SPS 361.03(15)(g) (g) All requirements that specify obtaining a permit or certificate of occupancy.
SPS 361.03 Note Note: For an example of a Department-written rule that specifically applies one or more of the requirements referenced above, see s. SPS 362.1700, which specifically applies the special inspections and determinations in IBC sections 1711 to 1716.
SPS 361.03 Note Note: The Department and other state agencies may have additional rules that affect the design, construction, maintenance and use of public buildings and places of employment, including chs. SPS 305, Licenses, Certifications, and Registrations; SPS 307, Explosives and Fireworks; SPS 314, Fire Prevention; SPS 316, Electrical; SPS 318, Elevators, Escalators and Lift Devices; SPS 340, Gas Systems; SPS 341, Boilers and Pressure Vessels; SPS 343, Anhydrous Ammonia; SPS 345, Mechanical Refrigeration; SPS 375 to 379, Buildings Constructed Prior to 1914; SPS 381 to 387, Plumbing; SPS 390, Public Swimming Pools; and SPS 391, Sanitation. The Department's Division of Industry Services administers all of these listed codes.
SPS 361.03 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 01-139: am. (6) (c), (7) (c), (13) (a) 1. and 6. Register June 2002 No. 558, eff. 7-1-02; CR 04-016: am. (3), (5), (6) (intro.), (7) (intro.), (8) (intro.), (9) (intro.), (10) (b), (13) (a) 1. and 6., cr. (10) (a) 4. and (12) (b), renum. (12) to be (12) (a) and am., Register December 2004 No. 588, eff. 1-1-05; CR 05-113: cr. (4) (b) 6. Register December 2006 No. 612, eff. 4-1-07; CR 06-120: r. and recr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: am. (14) (a) to (c), r. (14) (d) and (e), renum. (14) (f) to be (d) and am., cr. (15), Register August 2011 No. 668, eff. 9-1-11; correction in (1) (a), (c), (7) (a), (b), (8) (a), (b), (9) (a), (b), (11) (a), (b), (14) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-016: am. (14) (a) Register October 2015 No. 718, eff. 11-1-15; CR 16-094: am. (1) (a), (c), (2), (3) (a), (5) (a) 1., 2., (5) (b) 1., 2., 3. c., 4., cr. (5) (b) 5., am. (6), (7) (intro.), (8) (intro.), (9) (intro.), (10) (intro.), (11) (intro.), (12) (b), (13), (14), (15) (intro.), (f), Register April 2018 No. 748 eff. 5-1-18.
SPS 361.04 SPS 361.04Definitions. In chs. SPS 361 to 366:
SPS 361.04(1) (1) “Authorized representative" means any certified municipality or county as specified in s. SPS 361.60, and any appointed agent under s. 101.12 (3g), Stats.
SPS 361.04(1g) (1g) “Compliance assurance program” means a detailed system documenting the methods used to ensure modular multifamily housing, modular multifamily building systems, and building system components are manufactured in accordance with department-approved plans and chs. SPS 361 to 366.
SPS 361.04(1r) (1r) “Crematory” means a building or portion of a building within which a cremation chamber is located.
SPS 361.04(2) (2) “Department" means the department of safety and professional services.
SPS 361.04(3) (3) “Dwelling unit” has the meaning given in s. 101.61 (1), Stats., for the purpose of determining whether chs. SPS 361 to 366 applies to a residential occupancy. For all other purposes, the meaning is as given in IBC section 202, IECC section 202, and IMC section 202.
SPS 361.04 Note Note: Section 101.61 (1), Stats., reads in part: “ `Dwelling unit' means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others."
SPS 361.04(3m) (3m) “Home-based business” means any business, profession, trade, or employment conducted in a person's dwelling unit, which may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:
SPS 361.04(3m)(a) (a) Explosives, fireworks, or repair of motor vehicles.
SPS 361.04(3m)(b) (b) More than 25% of the habitable floor area of the dwelling unit.
SPS 361.04 Note Note: A dwelling unit that includes a home-based business is referred to as a “live/work” unit as defined in s. SPS 362.0202 (2) (h).
SPS 361.04(4) (4) “HVAC system" means a heating, ventilating, or air conditioning system or a component thereof that is permanently installed to provide control of environmental conditions within buildings.
SPS 361.04(5) (5) “IBC" or “International Building Code" means the International Building Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.
SPS 361.04(6) (6) “ICC Electrical Code" means ch. SPS 316.
SPS 361.04(7) (7) “IEBC" or “International Existing Building Code" means the International Existing Building Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.
SPS 361.04(8) (8) “IECC" or “International Energy Conservation Code" means the International Energy Conservation Code ®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.
SPS 361.04(9) (9) “IFC" and “International Fire Code" mean the International Fire Code®.
SPS 361.04(10) (10) “IFGC" or “International Fuel Gas Code" means the International Fuel Gas Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.
SPS 361.04(11) (11) “IMC" or “International Mechanical Code" means the International Mechanical Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.
SPS 361.04(12) (12) “IPC" and “International Plumbing Code" mean chs. SPS 381 to 387.
SPS 361.04(13) (13) “IPSC" and “International Private Sewage Code" mean chs. SPS 381 to 387.
SPS 361.04(13g) (13g) “IRC” or “International Residential Code” means the International Residential Code®.
SPS 361.04(13r) (13r) “Mausoleum” means a public building, structure, or part of a building or structure that is used or intended to be used for the burial of human remains.
SPS 361.04(14) (14) “Multifamily dwelling" has the meaning given in s. 101.971 (2), Stats.
SPS 361.04(15m) (15m) “Secretary” has the meaning given in s. 101.01 (14), Stats.
SPS 361.04(16) (16) “Wisconsin insignia” means a device or seal approved by the department to certify compliance with chs. SPS 361 to 366.
SPS 361.04 Note Note: Many of the model building codes created by the International Code Council (ICC) and adopted by the Department of Safety and Professional Services may be viewed free of charge on the ICC website. To access these codes go to codes.iccsafe.org and click on “I-Codes."
SPS 361.04 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: (4) renum. from Comm 62.0202 (1) (j), am. (1), renum. (3) and (4) to be (5) and (6), cr. (3) Register December 2004 No. 588, eff. 1-1-05; CR 05-113: am. (6) Register December 2006 No. 612, eff. 4-1-07; CR 06-120: renum. (4) to (6) to be (14), (4) and (15) and am. (15), cr. (7), renum. Comm 62.0202 (1) (c), (d) and (e) to (j) to be Comm 61.04 (5), (6) and (8) to (13) and am. (5) and (8) to (11), Register February 2008 No. 626, eff. 3-1-08; CR 10-103: r. and recr. (4), am. (15), Register August 2011 No. 668, eff. 9-1-11; correction in (1), (2), (5), (6), (7), (8), (10), (11), (12), (13), (15) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 16-094: am. (intro.), cr. (1g), (1r), am. (3), cr. (3m), am. (5), (7), (8), (10), (11), cr. (13g), (13r), r. (15), cr. (15m), (16) Register April 2018 No. 748 eff. 5-1-18; 2017 Wis. Act 198: am. (1) Register April 2018 No. 748, eff. 5-1-18.
SPS 361.05 SPS 361.05Adoption of the International Codes.
SPS 361.05(1)(1)Ibc. The International Building Code® – 2015, subject to the modifications specified in this chapter and ch. SPS 362 is incorporated by reference into chs. SPS 361 to 366.
SPS 361.05(2) (2)Iecc. The International Energy Conservation Code® – 2015, subject to the modifications specified in this chapter and ch. SPS 363 is incorporated by reference into chs. SPS 361 to 366.
SPS 361.05(3) (3)Imc. The International Mechanical Code® – 2015, subject to the modifications specified in this chapter and ch. SPS 364 is incorporated by reference into chs. SPS 361 to 366.
SPS 361.05(4) (4)Ifgc. The International Fuel Gas Code® – 2015, subject to the modifications specified in this chapter and ch. SPS 365 is incorporated by reference into chs. SPS 361 to 366.
SPS 361.05(5) (5)Iebc. The International Existing Building Code® – 2015, subject to the modifications specified in this chapter and ch. SPS 366 is incorporated by reference into chs. SPS 361 to 366.
SPS 361.05 Note Note: A copy of the International Building Code®, International Energy Conservation Code®, International Mechanical Code®, International Fuel Gas Code®, and International Existing Building Code® is on file in the offices of the Department and the Legislative Reference Bureau. Copies of the International Codes may be purchased from the International Code Council®, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, (708) 799-2300, Website www.iccsafe.org.
SPS 361.05 Note Note: The references in chs. SPS 362 to 366 to individual ICC code sections typically are to a particular paragraph or set of paragraphs within a referenced ICC section, and are not intended to affect any subsequent subdivisions of the specified section unless stated otherwise. For example, the directive in s. SPS 362.0907 (1) to substitute certain language for IBC section 907.1 is not intended to mean that IBC sections 907.1.1 through 907.1.2 are also being changed.
SPS 361.05 Note Note: Many of the model codes created by the International Code Council (ICC) and adopted by the Department of Safety and Professional Services may be viewed free of charge on the ICC website at codes.iccsafe.org and select the version adopted under s. SPS 361.05.
SPS 361.05 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 01-109: cr. (5) Register June 2002 No. 558, eff. 7-1-02; CR 06-120: am. (1) to (4), r. and recr. (5), Register February 2008 No. 626, eff. 3-1-08; corrections made under s. 13.92 (4) (b) 7., Stats., Register February 2008 No. 626; CR 10-103: am. (1) to (5) Register August 2011 No. 668, eff. 9-1-11; correction in (1), (2), (3), (4), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 16-094: am. (1), (2), (3), (4), (5), Register April 2018 No. 748 eff. 5-1-18.
SPS 361.06 SPS 361.06Fees. Fees for petitions for variance, product approvals, notice registrations, plan examination and approvals, and for inspections of buildings, and structures shall be submitted as specified in ch. SPS 302. Fees shall be submitted at the time the application for approval is submitted. No plan examinations, approvals or inspections may be made until the fees are received.
SPS 361.06 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. II of ch. SPS 361 Subchapter II — Responsibilities, Appeals, Petitions and Penalties
SPS 361.20 SPS 361.20Responsibilities.
SPS 361.20(1) (1)Owner. Compliance with chs. SPS 361 to 366 does not relieve the owner of a public building or place of employment from compliance with the administrative rules established by other state jurisdictions.
SPS 361.20 Note Note: Pursuant to s. 101.11 (2) (a), Stats., no employer or owner, or other person shall hereafter construct or occupy or maintain any place of employment, or public building, that is not safe, nor prepare plans which shall fail to provide for making the same safe.
SPS 361.20 Note Note: Section 101.12 (3) (h), Stats., prohibits local issuance of permits or licenses for construction or use of public buildings or places of employment until required drawings and calculations have been examined and approved by the department.
SPS 361.20 Note Note: Section 145.195 (1), Stats., prohibits local issuance of a building permit for construction of any structure requiring connection to a private onsite wastewater treatment system unless a system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install such a system have been obtained.
SPS 361.20(2) (2)Design.
SPS 361.20(2)(a)(a) Pursuant to ch. 443, Stats., a public building, structure or place of employment shall be designed by an architect or an engineer, except as provided under ss. 443.14 and 443.15, Stats.
SPS 361.20(2)(b) (b) Pursuant to ch. 443, Stats., a component or a system, including an electrical system, a fire protection system, a heating ventilating and air conditioning system, or a plumbing system, for a public building, structure or place of employment shall be designed by an architect, engineer or a designer of engineering systems, except as provided under ss. 443.14 and 443.15, Stats.
SPS 361.20 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 16-094: am. (1), Register April 2018 No. 748 eff. 5-1-18.
SPS 361.21 SPS 361.21Appeals.
SPS 361.21(1) (1)Appeal of department order. Pursuant to s. 101.02 (6) (e), Stats., any person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.
SPS 361.21(2) (2)Appeal of local order. Pursuant to s. 101.02 (7) (b), Stats., any person affected by a local order that is in conflict with an order of the department may petition the department for a hearing.
SPS 361.21 Note Note: “Local order" is defined under s. 101.01 (8), Stats.
SPS 361.21 Note Note: See also s. 101.02 (7) (c), Stats.
SPS 361.21(3) (3)Contested case hearing. In addition to any other right provided by law, any interested person may file a written request for a contested case hearing, as specified in s. 227.42, Stats.
SPS 361.21(4) (4)Petition of administrative rule. Pursuant to s. 227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule.
SPS 361.21 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02.
SPS 361.22 SPS 361.22Petition for variance. The department shall consider and may grant a variance to a provision of chs. SPS 361 to 366 in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
SPS 361.22 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. Chapter SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days. The SBD-9890 form is available at the Department's Web site at www.dsps.wi.gov through links to Division of Industry Services forms.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.