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 361.06 Fees. 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.
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)(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 361.21(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(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 361.22 Petition 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.
SPS 361.23 History
History: CR 00-179: cr.
Register December 2001 No. 552, eff. 7-1-02.
SPS 361.295
SPS 361.295 Administrative coordination. Pursuant to ss.
101.02 (13) (b) and
101.12 (3) (h), Stats., if plans are required to be submitted to the department for review under s.
SPS 361.30, a municipality may not issue a building permit to commence construction or use of the building until the plans have been approved by the department or its agent.
SPS 361.295 History
History: EmR0904: emerg. cr. eff. 3-2-09, except (2) eff. 7-1-09;
CR 08-110: cr.
Register September 2009 No. 645, eff. 10-1-09; correction in (1), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-010: renum. (1) to section 361.295, r. (2)
Register August 2014 No. 704, eff. 9-1-14.
SPS 361.30(1)(a)(a) Except as provided in par.
(b), Table 361.30-1, and sub.
(4), the construction of, the alteration of, or the addition to a public building or a place of employment may not commence unless plans for the project have been submitted to and approved by the department or its authorized representative in accordance with s.
SPS 361.31.
SPS 361.30(1)(b)1.
1. Single-story buildings and structures of less than 1,000 square feet located on individual parcels or lease sites at state fair park.
SPS 361.30(1)(b)2.
2. Fire service drill towers used exclusively for hands-on training reflecting emergency conditions.
SPS 361.30 Note
Note: The exemptions under pars. (a) and (b) for not having to submit and obtain prior approval from the department for specific building projects does not waive the obligation for these types of projects to conform to the standards of chs.
SPS 361 to
366.
SPS 361.30 Note
Note: The exemptions under pars. (a) and (b) for not having to submit and obtain prior approval from the department for specific building projects does not prohibit a municipality from requiring the submission, review and approval of plans by the municipality nor does it supersede the necessity of obtaining local building permits prior to the commencement of the project.
SPS 361.30 Note
Note: See also s.
101.02 (7r) (g) 2., Stats. Pursuant to
2017 Wisconsin Act 330, no county, city, village, or town may enact or enforce an ordinance that is more restrictive than the department in administration of the code. “Administration” includes the process an owner must follow when applying for a permit for construction, altering, or adding to a public building or a building that is a place of employment.
Table 361.30-1
SPS 361.30(2)
(2)
Types of structures. Plans for all of the following types of structures shall be submitted and approved by the department or authorized representative prior to commencement of the project:
SPS 361.30(2)(a)
(a) An assembly seating facility to be located within a public building or place of employment.
SPS 361.30(2)(b)
(b) An assembly seating facility more than 5 rows in height and not located within a public building or place of employment.
SPS 361.30(3)(a)
(a) Except as provided in sub.
(4), building component or system plans shall be submitted to and approved by the department or authorized representative prior to installation of the component or system, for each of the following type components or systems:
SPS 361.30(3)(b)
(b) Component or systems plans shall be submitted in one of the following manners:
SPS 361.30(4)(a)
(a) This section does not apply to minor alterations where the building official agrees the nature of the work is such that review and approval of construction documents is not necessary to achieve compliance with chs.
SPS 361 to
366.
SPS 361.30(4)(b)
(b) The submission and approval of fire protection system plans is not required for a project involving the alteration or addition of the following components:
SPS 361.30(4)(b)1.
1. Twenty or fewer sprinkler heads to an existing automatic fire sprinkler system.
SPS 361.30(5)
(5)
Calculating total building volume. Total building volume shall be determined by calculating the cubic footage of space enclosed within the outer surfaces of the building's outside or enclosing walls and the space between the upper most surface of the roof and the underside of the lowest floor of a building. The outer surface of structures or portions of structures without enclosed walls shall be established by projecting vertical planes from the outer surface of exterior supports or columns. The total building volume shall be calculated on structures with interior supports by establishing a vertical plane projected from the farthest roof projection. Roof overhangs less than 24 inches from a vertical wall may not be included in the calculation. Total building volume shall include the cubic footage of space in dormers, penthouses, vaults, pits, enclosed porches, and other enclosed appendages to the building.
SPS 361.30 History
History: CR 00-179: cr.
Register December 2001 No. 552, eff. 7-1-02;
CR 01-139: cr. (2) (c), r. and recr. Table 61.30-3
Register June 2002 No. 558, eff. 7-1-02;
CR 04-016: am. (1) (b) 1., 2. b. and Table 61.30-3, cr. (4)
Register December 2004 No. 588, eff. 1-1-05;
CR 06-120: am. Table 1 and 2, cr. (2) (d),
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: am. (1) (a), r. (1) (b) 2., 3., Table 61.30-2 and Table 61.30-3, renum. (1) (b) 1. to be (1) (b) and (4) to be (4) (a), cr. (4) (b),
Register August 2011 No. 668, eff. 9-1-11; r. and recr. (3)
Register August 2011 No. 668, eff. 1-1-12; correction in (1) (a), (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 16-094: r. and recr.,
Register April 2018 No. 748 eff. 5-1-18;
CR 16-094: am. (1) (a), r. and recr. (1) (b), am. Table 361.30-1, (2) (a), (b), (c), (d), am. (4) (a), cr. (5),
Register April 2018 No. 748 eff. 5-1-18.
SPS 361.31(1)(a)
(a) Except as provided in par.
(b), construction documents submitted to the department or its authorized representative for review shall be prepared, signed and sealed in accordance with ch.
443, Stats., and s.
A-E 2.02.
SPS 361.31(1)(b)
(b) Sprinkler construction documents that are required by s.
SPS 361.33 to be at an installation site shall comply with one of the following:
SPS 361.31(1)(b)1.
1. Be signed and sealed in accordance with s.
A-E 2.02 by an architect, engineer or fire protection systems designer who is registered by the department.
SPS 361.31(1)(b)2.
2. Be signed, including license number, and dated by an automatic fire sprinkler contractor who is responsible for the installation of the sprinklers and who is licensed by the department.
SPS 361.31 Note
“A-E 2.02 (4) Each sheet of plans, drawings, documents, specifications and reports for architectural, landscape architectural, professional geological, professional engineering, design or land surveying practice shall be signed, sealed and dated by the registrant or permit holder who prepared, or directed and controlled preparation of, the written material, except as specified in sub. (5).
SPS 361.31 Note
“(5) If more than one sheet is bound together in a volume, the registrant or permit holder who prepared or directed and controlled the preparation of the volume, may sign, seal and date only the title or index sheet if the signed sheet identifies clearly all other sheets comprising the bound volume and if any other sheets which are prepared by or under the direction and control of another registrant or permit holder are signed, sealed and dated by the other registrant or permit holder."
SPS 361.31 Note
Note [2]: Nothing in chs.
SPS 361 to
366 is intended to prohibit the submission and acceptance of plans and construction documents in an electronic or digital media.
SPS 361.31(1)(b)3.
3. Be signed, including license number, and dated by the master plumber who is responsible for the installation of a NFPA 13D multipurpose piping system and who is licensed by the department.
SPS 361.31 Note
Note: Plans for a multipurpose piping system must be submitted under s.
SPS 382.20 to determine compliance for the non-fire protection aspects of the system.
SPS 361.31(2)(a)1.1. Construction documents submitted to the department or its authorized representative for review shall be dimensioned and drawn to scale.
SPS 361.31(2)(a)2.
2. The scale used for the construction documents shall be indicated on the documents.
SPS 361.31(2)(b)1.1. Except as provided in subd.
2., at least 4 sets of construction documents shall be submitted to the department or authorized representative for review.
SPS 361.31(2)(b)2.a.a. At least one set of construction specifications shall be submitted to the department or authorized representative for review.
SPS 361.31(2)(b)2.b.
b. One complete set of plans may be submitted, provided it is accompanied with 3 copies of the cover sheet for the complete set, and provided all 4 cover sheets comply with sub.
(1) (a).
SPS 361.31(2)(c)
(c) All construction documents submitted to the department or authorized representative for review shall be permanent copies of the original documents and the copies shall be bound into sets in a manner that enables the documents to be reviewed without removing the binding.
SPS 361.31(2)(d)
(d) Construction documents submitted to the department or its authorized representative for review shall be of sufficient clarity, character and detail to show how the proposed design will conform to chs.
SPS 361 to
366.
SPS 361.31(2)(e)1.1. Construction documents shall be accompanied by sufficient calculations or information to substantiate that the documents conform to chs.
SPS 361 to
366.
SPS 361.31(2)(e)2.
2. When requested by the department or its authorized representative, additional data pertaining to the design, construction, materials, and equipment shall be submitted to the department or the authorized representative to substantiate conformance to chs.
SPS 361 to
366.
