Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These rules do not 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 Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative 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 DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held at 9:00 a.m. on April 20, 2017, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
SECTION 1. SPS 302.34 (title) and (6) are amended to read:
SPS 302.34 (title) One- and two-family dwellings, multifamily dwellings, manufactured dwellings, and manufactured multifamily dwellings, and camping units.
SPS 302.34 (6) Wisconsin insignias. Fees for Wisconsin insignias shall be assessed and computed on the basis of $25.00 for each dwelling unit or camping unit.
SECTION 2. SPS 302.52 (2) is amended to read:
SPS 302.52 (2) Petitions for variance on rules under chs. SPS 320 to 325, uniform dwelling code, ch. SPS 327, camping units, and ch. SPS 367, rental unit energy efficiency code. The fee for reviewing petitions for variance on rules under chs. SPS 320 to 325, SPS 327, and SPS 367 shall be $175.00 per petition. SECTION 3. SPS 320.05 (10) is created to read:
SPS 320.05 (10) Camping units. The provisions of this code do not apply to camping units subject to the provisions of ch. SPS 327. SECTION 4. SPS 320.07 (10r) is created to read:
SPS 320.07 (10r) “Camping unit” has the meaning given in s. SPS 327.08 (9). SECTION 5. Chapter SPS 327 is created to read: CAMPING UNITS
SUBCHAPTER I
ADMINISTRATION AND ENFORCEMENT
SPS 327.01 Purpose. The purpose of this code is to establish uniform statewide construction standards and inspection procedures for camping units in accordance with the requirements of ss. 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats.
SPS 327.02 Scope. (1) General. The provisions of this code apply to all camping units for which construction commenced on or after February 6, 2017.
(2) Municipal ordinances.
(a) A municipality may not adopt an ordinance on any subject falling within the scope of this code including establishing restrictions on the occupancy of camping units for any reason other than noncompliance with the provisions of this code as set forth in s. SPS 327.11 (5). This code does not apply to occupancy requirements occurring after the first occupancy following the final inspection required under s. SPS 327.11 (4).
(b) This code shall not be construed to affect local requirements relating to land use, zoning, post-construction storm water management, fire districts, side, front and rear setback requirements, property line requirements or other similar requirements. This code shall not affect the right of municipalities to establish safety regulations for the protection of the public from hazards at the job site.
(c) Any municipality may, by ordinance, require permits and fees for any construction, additions, alterations or repairs not within the scope of this code.
(d) Any municipality may, by ordinance, adopt the provisions of this chapter to apply to any additions or alterations to existing camping units.
(e) Nothing in this chapter shall prevent a municipality from any of the following:
1. Implementing erosion and sediment control requirements that are more stringent than the standards of this code when directed by an order of the United States Environmental Protection Agency or by an administrative rule of the department of natural resources under s. NR 151.004.
2. Regulating erosion and sediment control for sites that are not under the scope of this chapter.
(f) This code shall not be construed to affect the authority of the department of natural resources to enforce chapters 281 and 283, Stats., and administrative rules promulgated thereunder.
(3) Legal responsibility. The department or the municipality having jurisdiction shall not assume legal responsibility for the design or construction of camping units.
(4) Retroactivity. The provisions of this code are not retroactive, except as specifically stated in a rule.
(5) Landscaping. The scope of this code does not extend to driveways, sidewalks, landscaping, and other similar features not having an impact on the camping unit structure.
SPS 327.03 Effective date. The effective date of this chapter is February 6, 2017.
SPS 327.04 Applications.
(1) New camping units. This code applies to all camping units for which construction commenced on or after February 6, 2017. All camping units covered under this subsection shall meet the requirements of this chapter. If a plumbing, electrical, heating, or air conditioning system is installed in a camping unit, the system shall meet the requirements of this chapter.
(2) Additions and alterations. Additions and alterations to camping units covered by this code shall comply with all provisions of this code at the time of permit application or the beginning of the project, if no permit is required.
(3) Change of use. Property previously used for another purpose shall comply with this code upon conversion to a camping unit.
Note: Examples of property that may be converted to a camping unit include a cabin, covered wagon, or gazebo.
SPS 327.05 Exemptions.
(1) Existing camping units. The provisions of this code shall not apply to camping units, the construction of which was commenced prior to February 6, 2017, or to additions or alterations to such camping units.
Note: As provided under s. SPS 327.02 (2) (d), the provisions of this chapter may be adopted by a municipality to apply to any additions or alterations to existing camping units. (2) Repairs. The provisions of this code do not apply to repairs or maintenance to camping units, or to the repair of electrical, plumbing, heating, ventilating, air conditioning and other systems installed therein.
(3) Accessory buildings. The provisions of this code do not apply to detached garages or to any accessory buildings detached from the camping unit.
(4) Detached decks. The provisions of this code do not apply to detached decks provided the deck does not serve an exit from the camping unit.
(5) Manufactured and modular homes. The provisions of this code do not apply to manufactured homes and modular homes.
(6) Motor and mobile homes and recreational vehicles. The provisions of this code do not apply to motor homes, recreational vehicles, park model recreational vehicles, and recreational mobile homes.
SPS 327.06 Procedure for municipalities.
(1) Municipal jurisdiction.
(a) General. 1. Except as provided in par. (b), cities, villages, towns, and counties approved by the department under s. SPS 320.06 to exercise jurisdiction over the construction and inspection of new dwellings shall exercise jurisdiction over the construction and inspection of new camping units. 2. Municipalities exercising jurisdiction under subd. 1. shall, by ordinance, adopt this code in its entirety.
3. Except as provided under s. SPS 327.02 (2) (d), no additional requirements within the scope of this code may be adopted by a municipality unless approved by the department in accordance with s. SPS 327.17. (b) Intent to not exercise jurisdiction. Municipalities intending not to exercise jurisdiction over the construction and inspection of new camping units shall notify the department, in writing, within 90 days of the effective date of this code.
(c) Recision of ordinances. Municipalities that rescind an ordinance under par. (a) shall file a certified copy of the recision with the department within 30 days of adoption.
Note: Notification of intent to not exercise jurisdiction and certified copies of recisions of ordinances should be sent to Department of Safety and Professional Services, Industry Services Division, PO Box 2658, Madison, WI 53701-2658.
(2) Departmental jurisdiction. In municipalities not exercising jurisdiction under sub. (1), the department will oversee enforcement and inspection services for new camping units.
SPS 327.07 State jurisdiction. In accordance with s. 101.64 (8), Stats., municipalities administering the code may be monitored by the department for compliance with the administrative requirements under this code.
SPS 327.08 Definitions. In this chapter:
(1) "Accessory building" means a detached building, not used as a camping unit but is incidental to that of the camping unit and which is located on the same lot. Accessory building does not mean farm building.
(2) "Addition" means new construction performed on a camping unit which increases the outside dimensions of the camping unit.
(3) "Allowable stress" means the specified maximum permissible stress of a material expressed in load per unit area.
(4) "Alteration" means an enhancement, upgrading, or substantial change or modification other than an addition or repair to a camping unit or to electrical, plumbing, heating, ventilating, air conditioning, and other systems within a camping unit.
(5) "Approved" means an approval by the department or its authorized representative. Approval is not to be construed as an assumption of any legal responsibility for the design or construction of the camping unit.
(6) "Building component" means any subsystem, subassembly, or other system designed for use in or as part of a structure, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety.
(7) "Building system" means plans, specifications and documentation for a system of manufactured building or for a type or a system of building components, which may include structural, electrical, mechanical, plumbing, and variations which are submitted as part of the building system.
Note: ATCP 79.03 (3) reads: “Campground” means a parcel or tract of land owned by a person, state, or local government that is designed, maintained, intended, or used for the purpose of providing campsites offered with or without charge, for temporary overnight sleeping accommodations.
(9) “Camping unit” means a framed structure or a tent, teepee, yurt, or other structure with fabric roof or walls that is 400 square feet or less in area, which is placed by a campground owner or operator in a campground for which a permit is issued under s. 97.67, Stats., and used for seasonal overnight camping. (10) "Camping unit transfer tank" or “transfer tank” means a type of portable container used to collect and hold wastewater discharges generated by an individual camping unit.
