SPS 362.0915(2)(c)2.
2. Construction of the building was initiated on or after October 1, 2008, if plans were not required to be submitted and approved under s.
SPS 361.30.
SPS 362.0915(2)(d)
(d) Carbon monoxide alarms to be installed within a dwelling unit shall be interconnected so that activation of one alarm will cause activation of all alarms within the dwelling unit, if either of the following conditions applies:
SPS 362.0915(2)(d)2.
2. Construction of the building was initiated on or after October 1, 2008, if plans were not required to be submitted and approved under s.
SPS 361.30.
SPS 362.0915(3)(a)
(a) The owner of a building or their agent shall arrange the inspection of sealed combustion appliances and the vents and chimneys serving the appliances under sub.
(2) (a) 5. b. SPS 362.0915(3)(b)
(b) Pursuant to sub.
(2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be for the purpose of determining carbon monoxide emission levels.
SPS 362.0915(3)(c)
(c) Pursuant to sub.
(2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be performed at least once a year.
SPS 362.0915(3)(d)
(d) For the propose of sub.
(2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be performed by an individual who holds a certification issued under s.
SPS 305.71 as an HVAC qualifier.
SPS 362.0915(3)(e)
(e) If upon inspection, the carbon monoxide emissions from a fuel burning appliance, vent or chimney are not within manufacturer's specifications, the appliance may not be operated until repaired or carbon monoxide alarms or detectors are installed in accordance with s.
101.149 (2) and
(3), Stats.
SPS 362.0915(4)
(4)
Orders. Pursuant to s.
101.149 (6) (b), Stats., the department may issue orders for a violation of the provisions of this section.
SPS 362.0915(5)
(5)
Penalties. Violation of the provisions of this section shall be subject to the penalties provided under s.
101.149 (8), Stats.
SPS 362.0915 Note
Note: Section
101.149 (8), Stats., reads:
SPS 362.0915 Note
(8) PENALTIES. (a) If the department of safety and professional services or the department of agriculture, trade and consumer protection determines after an inspection of a building under this section or s.
97.625 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.
SPS 362.0915 Note
(b) If a person is charged with more than one violation of sub. (2) or (3) arising out of an inspection of a building owned by that person, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture under par. (a).
SPS 362.0915 Note
(c) Whoever violates sub. (4) is subject to the following penalties:
SPS 362.0915 Note
1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.
SPS 362.0915 Note
2. For a 2nd or subsequent offense, the person is guilty of a Class I felony.
SPS 362.0915 History
History: EmR0826: emerg. cr. eff. 10-1-08;
CR 08-085: cr.
Register May 2009 No. 641, eff. 6-1-09; corrections in (3) (a) to (d) and (4) made under s.
13.92 (4) (b) 2. and
7., Stats.,
Register May 2009 No. 641;
CR 09-104: cr. (2) (a) 6.
Register December 2010 No. 660, eff. 1-1-11;
CR 10-103: am. (2) (a) 1., (3) (d)
Register August 2011 No. 668, eff. 9-1-11; correction in (2) (a) 5., (c) 1., 2., (d) 1., 2., (3) (d) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672; correction in (2) (a) 5. b. made under s.
13.92 (4) (b) 7., Stats.,
Register February 2017 No. 734;
CR 16-094: renum. 362.1210 to 362.0915 and am. (title), (intro.), (1) (b), (d), (2) (a) 5. b.,
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1004
SPS 362.1004 Egress for outdoor areas. Substitute the following wording for the requirements, but not the exceptions, in IBC section 1004.5: Yards, patios, courts and similar outdoor areas accessible to and usable by the building occupants shall be provided with means of egress as required by this chapter. The occupant load of such outdoor areas shall be based on the anticipated use. Where outdoor areas are to be used by persons in addition to the occupants of the building, and the path of egress travel from the outdoor areas passes through the building, means of egress requirements for the building shall be based on the sum of the occupant load of the building plus the outdoor areas.
SPS 362.1006(1)(1)
Exit access. This is a department exception to the requirements in IBC section 1006.3: The length of a common path of egress travel requirements may not be more than 200 feet within townhouse dwelling units provided the townhouse complies with all of the following:
SPS 362.1006(1)(a)
(a) The townhouse does not exceed more than 3 stories above grade plane in height.
SPS 362.1006(1)(b)
(b) Each dwelling unit within the townhouse is separated from other dwelling units by at least 2-hour fire-resistive-rated separation walls constructed in accordance with the requirements of IBC section 706 and do not contain any openings and plumbing equipment or mechanical equipment. The separation wall does not have to comply with the structural stability requirements of IBC section 706.2 and the horizontal continuity requirements of IBC section 706.5.
SPS 362.1006(2)
(2)
Refrigerated spaces. Substitute the following wording for the exception in IBC section 1006.2.2.3: When using refrigerants in quantities limited to the amounts based on the volume set forth in ch.
SPS 345.
SPS 362.1006(3)
(3)
Exits from stories. This is a department exception to the requirements in IBC section 1006.3: Buildings of Group I-3 occupancy that are used as guard towers, provided the towers are no higher than 2 stories above grade, accommodate no more than 10 occupants, and have a travel distance of no more than 75 feet.
SPS 362.1006(4)
(4)
Salt and sand storage. This is a department exception to the requirements in IBC table 1006.2.1: A single exit is allowed, and the common path of travel shall be a maximum of 250 feet in buildings or portions of buildings used exclusively for non-combustible bulk material storage of salt and sand storage when the building walls contain the materials stored.
SPS 362.1006(5)
(5)
Spaces with one exit or exit access doorway. Substitute the following wording for Table 1006.2.1 footnote a.: Buildings equipped throughout with an automatic sprinkler system in accordance with IBC section 903.3.1.1, 903.3.1.2, or 903.3.1.3. See IBC section 903 for occupancies where automatic sprinkler systems
are permitted in accordance with IBC section 903.3.1.1, 903.3.1.2, or 903.3.1.3.
SPS 362.1006 History
History: CR 16-094: cr. (title), (4), (5), renum. 362.1014 to (1) and am., renum. 362.1015 to (2) and am., renum. 362.1021 to (3) and am.,
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1009
SPS 362.1009 Accessible means of egress. This is a department exception in addition to IBC section 1009.3: Areas of refuge are not required at floors that are not required to be accessible.
SPS 362.1009 History
History: CR 16-094: cr.,
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1010(1)(1)
Clear door openings for nonaccessible stalls. This is a department exception to the requirements in IBC section 1010.1.1: The clear door opening for a nonaccessible toilet stall, shower stall, or other similar compartment, may be less than 32-inches wide.
SPS 362.1010(2)
(2)
Door arrangement. This is a department exception to the requirements in IBC section 1010.1.8: Where maneuvering space is provided between the doors in accordance with IBC section 1101.2 such that use by an individual in a wheelchair will not block the operation of the doors.
SPS 362.1010(3)
(3)
Panic and fire exit hardware. Substitute the following wording for the requirements relating to electrical rooms in IBC section 1010.1.10:
SPS 362.1010(3)(a)
(a) An electrical room that contains equipment rated 800 amperes or more, and contains overcurrent devices, switching devices, or control devices, and contains a personnel door intended for entrance to and egress from the working space less than 25 feet from the nearest edge of the working space, the door shall be equipped with panic hardware or fire exit hardware and open in the direction of egress.
SPS 362.1010(3)(b)
(b) An electrical room that is over 6 feet wide and contains equipment rated 1,200 amperes or more, and contains overcurrent devices, switching devices or control devices, and contains an exit or exit access door, the door shall be equipped with panic hardware or fire exit hardware and open in the direction of egress.
SPS 362.1010 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: am. (2)
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: renum. 362.1008 to 362.1010 and am. (1), (2), cr. (3),
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1011(1)(1)
General. This is a department rule in addition to the requirements in IBC section 1011.1: Where installing an inclined platform lift or stairway chairlift, the clear-passage width shall be provided with the lift in the unfolded, usable position.
SPS 362.1011(2)
(2)
Width and capacity. This is a department rule in addition to the requirements in IBC section 1011.7: For platform buildings designed in accordance with IBC section 510.2 in which a stair shaft serves 2 or more classes of construction and one of those classes of construction allows combustible materials, the entire stair construction within the enclosure may be of combustible materials.
SPS 362.1011 History
History: CR 14-020: cr.
Register August 2014 No. 704, eff. 9-1-14;
CR 16-094: renum. 362.1009 to 362.1011 and am., cr. (2),
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1013
SPS 362.1013 Floor-level exit signs. The requirements in IBC section 1013.2 are not included as part of chs.
SPS 361 to
366.
SPS 362.1013 History
History: CR 16-094: cr.,
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1015
SPS 362.1015 Guards. Substitute the following wording for the requirements, but not the exception in IBC section 1015.2: Guards shall be located along the open side of walking surfaces, balconies, mezzanine, stairs, ramps, landings, roofs, and similar surfaces intended to be used by building occupants or the public where the change in elevation is more than 30 inches (762 mm) to the floor or roof below or more than 30 inches (762 mm) measured vertically to the grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Guards shall be adequate in strength and attachment in accordance with IBC section 1607.8.
SPS 362.1015 History
History: CR 16-094: cr.,
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1020
SPS 362.1020 Corridor continuity. This is a department exception to the requirements in IBC section 1020.6: Other spaces or rooms constructed as required for corridors, and that are adjacent to a fire-resistance-rated corridor, may not be construed as intervening rooms; and may be open to the corridor when all of the following are satisfied:
SPS 362.1020(2)
(2) The spaces are not occupied for the incidental uses listed in IBC Table 508.2.
SPS 362.1020(3)
(3) The spaces are arranged so as to not obstruct access to the required exits.
SPS 362.1020 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: renum. from Comm 62.1017 and am. (intro.)
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: renum. 362.1018 to 362.1020 and am.,
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1029
SPS 362.1029 Spaces under bleachers and grandstands. The requirements in IBC section 1029.1.1.1 are not included as part of chs.
SPS 361 to
366.
SPS 362.1101
SPS 362.1101 Design of Type A and B units. These are department rules in addition to the requirements in IBC section 1101.2 and ICC/ANSI A117.1 sections 1003 and 1004:
SPS 362.1101(1m)
(1m)
Circuit breakers. Circuit breakers, when provided for use by tenants in occupancies with dwelling and sleeping units, shall comply with ICC/ANSI A117.1 section 309.2 and 309.3.
SPS 362.1101(2m)
(2m)
Doors and doorways. A renter of a dwelling unit may request the landlord to install lever door handles on any doors inside the dwelling unit or install single-lever controls on any plumbing fixtures used by the renter. These controls shall be provided and installed by the landlord at no additional cost to the renter.
SPS 362.1101 Note
Note: These requirements are based on language from s.
101.132 (2) (a) 4., Stats.
SPS 362.1101 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: am. (2) (a), cr. (2) (c)
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: am. (title), r. (1) (title), renum. (1) (a), (b) to (1m), (2m), r. (2),
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1103
SPS 362.1103 Scoping requirements — limited access spaces. Substitute the following wording for the requirements in IBC section 1103.2.7:
SPS 362.1103(1)
(1) Storage spaces that do not include permanent workstations, are infrequently accessed by employees, and are not open to the general public are not required to be accessible.
SPS 362.1103(2)
(2) Nonoccupiable spaces accessed only by ladders, catwalks, crawl spaces, freight elevators, very narrow passageways, or tunnels are not required to be accessible.
SPS 362.1103 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08,
CR 10-103: r. (1), renum. (2) to be Comm 62.1103,
Register August 2011 No. 668, eff. 9-1-11; correction under s.
13.92 (4) (b) 1. and
2., Stats.,
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094:am. (intro.),
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1104
SPS 362.1104 Accessible route. This is a department limitation to the exception in IBC section 1104.4, Exception 1.: Government-owned or –operated facilities that are outside the scope of IBC section 1104.3.2.
SPS 362.1104 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 16-094: r. (1) (title), renum. (1) to 362.1104, r. (2),
Register April 2018 No. 748 eff. 5-1-18; correction under s.
13.92 (4) (b) 7., Stats.,
Register April 2018 No. 748.
SPS 362.1107
SPS 362.1107 Dwelling units and sleeping units. SPS 362.1107(1)(a)(a)
Group I-1. Substitute the following wording for the requirements, but not the exception, in IBC section 1107.5.1.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(1)(b)
(b)
Group I-2 nursing homes. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.5.2.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(1)(c)
(c)
Group I-2 hospitals. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.5.3.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(2)(a)(a)
Group R-1. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.1.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(2)(b)1.1. `Apartment houses, monasteries and convents.' Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.2.1.2: Where there are three or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(2)(b)2.
2. `Boarding houses, dormitories, fraternity houses and sorority houses.' Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.2.2.2: Where there are three or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(2)(c)
(c)
Group R-3. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.3: In Group R-3 occupancies where there are three or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(2)(d)
(d) Group R-4. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.4.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(3)(a)(a)
Petition for variance. This is a department rule in addition to the requirements in IBC section 1107.7.4: In accordance with s.
101.132 (2) (b) 4. and
(c) 2., Stats., the owner may use the petition for variance procedure specified in s.
SPS 361.22 to request a reduction in the number of Type A or Type B dwelling units due to site impracticality.
SPS 362.1107 Note
Note: The Department may grant a variance in accordance with ch.
SPS 303 which 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 that 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 362.1107(3)(b)
(b)
Condition. Substitute the following wording for condition 1 under IBC section 1107.7.4: Not less than 50% of the units required by IBC section 1107.7.1 on the site are Type A or Type B units.
SPS 362.1107(4)
(4)
Multistory units. Substitute the following wording for IBC section 1107.7.2: A multistory dwelling or sleeping unit that is not provided with elevator service is not required to be a Type B unit. Where a multistory unit is provided with external elevator service to only one floor, the floor provided with elevator service shall be the primary entry to the unit, shall comply with the requirements for a Type B unit and a toilet facility shall be provided on that floor.
SPS 362.1107 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: cr. (2) (c), am. (title), (1) (a) to (c), (2) (a), (3) (a), (3) (b) (title), renum. (2) (c) to be (2) (d)
Register August 2011 No. 668, eff. 9-1-11; correction in (3) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 16-094: cr. (4),
Register April 2018 No. 748 eff. 5-1-18.
SPS 362.1111(1)(a)(a)
General. Substitute the following wording for the requirements for location 1 in IBC section 1111.1: Except as specified par.
(b), accessible parking spaces required in IBC section 1106 for the general public shall be identified with a sign complying with the accessible parking sign requirements specified in s.
Trans 200.07.
SPS 362.1111(1)(b)1.1. `Small parking facilities.' Accessible parking spaces required by IBC section 1106.1 are not required to be signed when the total number of parking spaces provided is four or less.
