Wisconsin Legislature: subch. I of ch. SPS 366

Ch. SPS 366 Note Note: Chapters SPS 361 to 366 are affected by 2017 Wisconsin Acts 59, 198, 243, 317, 329, 330, and 331. Future rule-making will update chs. SPS 361 to 366 to reflect this legislation.

subch. I of ch. SPS 366 Subchapter I — Purpose, Scope and Application

SPS 366.0001 SPS 366.0001 Purpose and scope.

SPS 366.0001(1)(1) Purpose. The purpose of ch. SPS 366 is to establish minimum requirements to safeguard public health, safety and welfare insofar as existing public buildings and place of employment are affected by the repair, alteration, change of occupancy, addition or relocation.

SPS 366.0001(2) (2) Scope. The scope of ch. SPS 366 is as specified in s. SPS 361.02.

SPS 366.0001(3) (3) Intent. The intent of this chapter is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety, and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, and relocation of existing buildings.

SPS 366.0001 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 366.0100 SPS 366.0100 Changes, additions or omissions to IEBC. Changes, additions or omissions to the IEBC are specified in this subchapter and are rules of the department and are not requirements of the IEBC.

SPS 366.0100 Note Note: The requirements of s. 101.132, Stats., may be more restrictive than the administrative rules when a project involves the remodeling of housing. The term “remodeled" has the meaning given in s. 101.132 (1) (h), Stats., and the term “housing" has the meaning given in s. 106.50 (1m) (L), Stats. Section 101.132 (2) (b), Stats., regarding remodeling percentages, reads:

SPS 366.0100 Note 1. If more than 50 percent of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in par. (a), regardless of when the housing was first intended for occupancy.

SPS 366.0100 Note 2. If 25 percent to 50 percent of the interior square footage of any housing with three or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in par. (a), regardless of when the housing was first intended for occupancy.

SPS 366.0100 Note 3. If less than 25 percent of the interior square footage of any housing with three or more dwelling units is to be remodeled, the remodeling is not subject to the standards in par. (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in par. (a) regardless of when the housing was first intended for occupancy.

SPS 366.0100 Note Note: Section 101.126, Stats., requires the owner of a building to provide a separate room or designated space within or adjacent to the building for the separation, temporary storage and collection of recyclable materials that are likely to be generated by the building occupants, if there is an increase in the size of the building by 50% or more or an alteration of 50% or more of the existing area of a building that is 10,000 square feet or more in area. See Appendix B for guidelines for recommended designated areas.

SPS 366.0100 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08.

SPS 366.0101 SPS 366.0101 Administration. Except for IEBC section 102.4, substitute the following wording for the requirements in IEBC chapter 1:

SPS 366.0101(1) (1) Application. The provisions of the IEBC shall apply to the repair, alteration, change of occupancy, addition, and relocation of existing buildings. Repairs, alterations, change of occupancy, existing buildings to which additions are made, historic buildings, and relocated buildings complying with the provisions of the IBC, IMC, IPC, and IRC as applicable shall be considered in compliance with the provisions of chs. SPS 361 to 366.

SPS 366.0101(2) (2) Change of occupancy to a public building occupancy.

SPS 366.0101(2)(a)(a) Except as provided in par. (b), where a building or portion of a building that has not been previously occupied or used as a public building or place of employment is to be changed to an occupancy or use that constitutes a public building or place of employment, the building or portion of a building shall comply with the IBC for new construction.

SPS 366.0101(2)(b) (b)

SPS 366.0101(2)(b)1.1. Under par. (a) the IBC rules for new construction do apply to the properties of existing building materials.

SPS 366.0101(2)(b)2. 2. An alteration or a change of occupancy in a qualified historic building which has not been previously occupied or used as a public building or place of employment may utilize the provisions of the IEBC as modified by this subchapter.

SPS 366.0101(3) (3) Temporary use.

SPS 366.0101(3)(a)(a) A municipal fire or building code official may allow an existing building or a portion of an existing building to be used temporarily in a manner that differs from the approved use for the building or space subject to all of the following provisions:

SPS 366.0101(3)(a)1. 1. 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 366.0101(3)(a)2. 2. Except as provided in subd. 3., buildings or spaces considered for temporary use shall conform to the requirements of this code as necessary to ensure the public safety, health, and general welfare.

SPS 366.0101(3)(a)3. 3. The official may require additional safety requirements for a temporary use as a trade-off for any safety provisions that may be lacking.

SPS 366.0101(3)(a)4. 4. 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 366.0101(3)(b) (b) A temporary use permit issued by a local authority may not supersede a state corrective building order.

SPS 366.0101(4) (4) Compliance method.

SPS 366.0101(4)(a)(a) The repair, alteration, change of occupancy, addition, or relocation of all existing buildings shall comply with one of the methods listed in par. (b) or (c) as selected by the applicant. Application of a method shall be the sole basis for assessing the compliance of work by the code official. Paragraphs (b) and (c) shall not be applied in combination with each other.

SPS 366.0101(4)(b) (b) Repairs, alterations, additions, changes in occupancy, and relocated buildings complying with the applicable requirements of IEBC chapters 5 through 13 shall be considered in compliance with the provisions of chs. SPS 361 to 366.

SPS 366.0101(4)(c) (c) Repairs, alterations, additions, changes in occupancy, and relocated buildings complying with IEBC chapter 14 shall be considered in compliance with the provisions of chs. SPS 361 to 366.

SPS 366.0101 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: renum. (2) to be (2) (a) and am., cr. (2) (b) Register August 2011 No. 668, eff. 9-1-11; CR 16-094: am. (1), renum. (3) to (3) (a) and am. (3) (a) 2., cr. (3) (b), am. (4) (b), (c) Register April 2018 No. 748, eff. 5-1-18.

SPS 366.0202 SPS 366.0202 General definitions.

SPS 366.0202(1)(1) Additions. This is a department definition for this chapter in addition to the definitions in IEBC section 202: “Exhibit building" means a qualified historic building that is open to the general public only for display or tours.

SPS 366.0202(2) (2) Substitutions.

SPS 366.0202(2)(a)(a) Substitute the following definition for the corresponding definition in IEBC section 202: “Historic building" means a “qualified historic building" as defined under s. 101.121 (2) (c), Stats.

SPS 366.0202 Note Note: Section 101.121 (2) (c) of the Statutes reads as follows: “Qualified historic building" means a historic building which:
1. Is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places;
2. Is included in a district which is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district;
2m. Is determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places;
3. Is listed on a certified local register of historic property; or
4. Is included in a district which is listed on a certified local register of historic property, and has been determined by the city, village, town or county to contribute to the historic significance of the district.

SPS 366.0202 Note Note: Form SBD-7728 may be utilized to provide the status on a historic commercial building. This form is available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 7302, Madison, Wisconsin 53707-7302, or call (608) 266-2112.

SPS 366.0202(2)(b) (b) Substitute the following definition for the corresponding definition in IEBC section 202: “Unsafe" means buildings, structures or equipment that are unsanitary, or that are deficient due to inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or in which the structure or individual structural members meet the definition of “dangerous," or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe.

SPS 366.0202(2)(c) (c) Substitute the following definition for the corresponding definition in IEBC section 202: “Work area” means that portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by chs. SPS 361 to 366. The work area is the area reconfigured with full height walls or the area that has its required egress reconfigured.

SPS 366.0202 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2008 No. 626; CR 10-103: am. (2), cr. (2) (b) Register August 2011 No. 668, eff. 9-1-11; CR 16-094: cr. (2) (c) Register April 2018 No. 748, eff. 5-1-18.

SPS 366.0400 SPS 366.0400 Prescriptive compliance method. The requirements in IEBC chapter 4 are not included as part of chs. SPS 361 to 366, except for the requirements in IEBC section 410 when applied by IEBC section 1401.2.5.

SPS 366.0400 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: am. Register August 2011 No. 668, eff. 9-1-11; CR 16-094: renum. from 366.0300 and am. Register April 2018 No. 748, eff. 5-1-18.

SPS 366.0600 SPS 366.0600 Carbon monoxide alarms for CBRF's accommodating fewer than 20 residents. These are department rules in addition to the requirements in IEBC chapter 6 and are established under the authority of s. 101.127, Stats.:

SPS 366.0600(1) (1)

SPS 366.0600(1)(a)(a) Existing buildings converted to be community-based residential facilities accommodating fewer than 20 residents shall be provided with carbon monoxide alarms by July 1, 2013, when either one of the following conditions exists:

SPS 366.0600(1)(a)1. 1. The building contains fuel-burning appliances.

SPS 366.0600(1)(a)2. 2. The building has an attached garage.

SPS 366.0600(1)(b) (b) This section applies to community-based residential facilities described under par. (a) in existence prior to January 1, 2005.

SPS 366.0600 Note Note: Pursuant to s. 101.01 (12), Stats., an existing building converted to be community-based residential facility accommodating fewer than 20 residents is not defined to be a “public building." See also s. SPS 361.02 (4).

SPS 366.0600(2) (2) Carbon monoxide alarms shall be listed and labeled to be in conformance with one of the following standards:

SPS 366.0600(2)(a) (a) UL 2034.

SPS 366.0600(2)(b) (b) UL 2075.

SPS 366.0600(3) (3)

SPS 366.0600(3)(a)(a) A carbon monoxide alarm shall be installed in accordance with the instructions of its manufacturer.

SPS 366.0600(3)(b) (b) A carbon monoxide alarm shall be provided on each floor level of an existing building accommodating a community-based residential facility described under sub. (1) (a), if the building contains fuel-burning appliances.

SPS 366.0600(3)(c) (c) A carbon monoxide alarm shall be provided on each floor level where sleeping units are located in an existing building accommodating a community-based residential facility described under sub. (1) (a), if the building has an attached garage and no fuel-burning appliances.

SPS 366.0600 History History: CR 10-103: cr. Register August 2011 No. 668, eff. 9-1-11; CR 16-094: renum. from 366.0500 and am. (intro.) Register April 2018 No. 748, eff. 5-1-18.

SPS 366.0603 SPS 366.0603 Smoke alarms. These are department rules in addition to the requirements in IEBC section 603:

SPS 366.0603(1) (1) No smoke alarm, including an alarm that exists on September 1, 2011, may remain in service for more than that specified by the manufacturer.