Effect on small business:
These proposed rules are not expected to have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Dan Smith, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4463; email at Daniel2.Smith@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dan Smith, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to Daniel2.Smith@wisconsin.gov. Comments must be received on or before June 8, 2015 to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
SECTION 1.
SPS 320.02 (1) (ce) and (ce) (note), (cm) and (cm) note, and (cs) and (cs) (note) are created to read:SPS 320.02 (1) (ce) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03 that is used as a foster home or group home, or as a residential care center for children and youth that has a capacity for 8 or fewer children, all as defined in s. 48.02, Stats. Where such a home or center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other. Note: The definitions in s. 48.02, Stats., limit foster homes to no more than 4 children unless the children are siblings, and limit group homes to no more than 8 children. Where permitted by the Department of Children and Families, a group home or a residential care center for children and youth that has a capacity for 8 or fewer children may be located in a one- or 2-family dwelling as a community living arrangement, as defined in s. 46.03 (22), Stats.
(cm) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a public or private day care center for 8 or fewer children is located. Where such a day care center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other. Note: Chapter DCF 250, as administered by the Department of Children and Families, defines a “family child care center” as being “a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider.” Chapter DCF 250 applies various licensing and other requirements to these centers, including for fire protection and other aspects of the physical plant.
(cs) 1. Any portion of or space within a one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a home occupation is located. 2. In this paragraph, “home occupation” means any business, profession, trade, or employment conducted in a person’s dwelling unit, that 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:
a. Explosives, fireworks, or repair of motor vehicles.
b. More than 25% of the habitable floor area of the dwelling unit.
Note: See chs. SPS 361 to 366 for buildings that are beyond the scope of this code. SECTION 2.
SPS 320.02 (5) is renumbered SPS 321.02 (4) and amended to read:SPS 321.02 (4) INNOVATIVE DWELLINGS Alternate materials and standards. No part of this code is intended to prohibit or discourage use of alternate, equivalent materials or standards; or the construction of innovative dwellings such as a dwelling built below ground, a geodesic dome, a concrete house, a fiber-glass fiberglass house, or any other nonconventional structure.
SECTION 3.
SPS 320.07 (34f) is amended to read: SPS 320.07 (34f) “Flight” means a continuous series of steps risers and treads, with no intermediate landings.
SECTION 4.
SPS 320.07 (34m) is repealed.SECTION 5.
SPS 320.07 (36r) and (37m) are created to read:SPS 320.07 (36r) “Guard” means a barrier erected to prevent a person from falling to a lower level.
(37m) “Handrail” means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair.
SECTION 6.
SPS 320.07 (47), (50), (62) (intro.), and (66) are amended to read: SPS 320.07 (47) “Landing” means the level portion of a stairs located between flights of stairs or located at the top and foot base of a stairs.
(50) “Loft” means an upper room or floor which has at least 50% of the common wall open to the floor below. The opening may be infringed upon by an open guardrail guard constructed in compliance with s. SPS 321.04 (2), but not by a window or half-wall guardrail guard. All habitable rooms of lofts are open to the floor below. (62) (intro.) “Shingle” means a unit of roof covering roof-covering material that has been manufactured to specific dimensions and is applied in overlapping fashion. “Shingle” includes all of the following:
(66) A “stairway” is “Stair,” “stairs,” or “stairway” means one or more flights of steps, risers and the necessary treads, platforms and landings connecting them, to which form a continuous passage from one elevation to another. Multiple stairways can be connected by platforms and landings.
SECTION 7.
SPS 320.07 (67) and (67m) are repealed.SECTION 8.
SPS 320.085 is repealed.SECTION 9.
SPS 320.09 (5) (b) 2. d. is amended to read: SPS 320.09 (5) (b) 2. d. The location and construction details of wall bracing on each building side and floor level. The details may consist of the Wall Bracing Compliance Worksheet or a legend showing which wall bracing method is used and the lengths or number of braced wall panels and demarcation of the circumscribed rectangles if more than one is used.
SECTION 10.
SPS 320.09 (5) (d) is repealed.SECTION 11.
SPS 320.09 (6) (d) is amended to read: SPS 320.09 (6) (d) The name of the initial downstream receiving water of the state from the dwelling shall be identified, regarding erosion and sediment control and storm water management.
SECTION 12.
SPS 320.24 (1), (2), and (2) (Note) are amended to read: SPS 320.24 (1) Consent. Pursuant to s. 227.21 (2), Stats., the attorney general has consented to the incorporation by reference of the standards listed in Tables 320.24-1 to 320.14-13 320.24-13.
