TEXT OF RULE
SECTION 1: SPS 320.05 (11) and (12) are created to read:
SPS 320.05 (11) Religious waiver. The provisions of this code do not apply to dwellings where a religious waiver has been accepted by the authority having jurisdiction or the department under s. 101.648, Stats. (12) Primitive rural hunting cabins. The provisions of this code do not apply to a primitive rural hunting cabin.
SECTION 2: SPS 320.06 (1) (a) 1. is amended to read:
SPS 320.06 (1) (a) 1. Except as provided in ss. 101.65 (1c) and 101.651 (1) and (2m), Stats., cities, villages and towns shall exercise jurisdiction over the construction and inspection of new dwellings. SECTION 3: SPS 320.06 (1) (a) 1. (Note) is created to read:
SPS 320.06 (1) (a) 1. (Note) Section 101.65 (1c), Stats., reads as follows: 101.65 Municipal authority. Except as provided by s. 101.651, cities, villages, towns and counties:
(1c) May not make or enforce an ordinance under sub. (1) that is applied to a dwelling and that does not conform to this subchapter and the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter. If any provision of a contract between a city, village, town, or county and an owner requires the owner to comply with an ordinance that does not conform to this subchapter or the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter, the owner may waive the provision, and the provision, if waived, is void and unenforceable.
SECTION 4: SPS 320.07 (25) is amended to read:
SPS 320.07 (25) “Dwelling" means any building, the initial construction of which is commenced on or after the effective date of this code. has the meaning given in s. 101.61 (1), Stats. SECTION 5: SPS 320.07 (25) (Note) is created to read:
SPS 320.07 (25) (Note) Section 101.61 (1), Stats., reads as follows: “Dwelling" means any building that contains one or 2 dwelling units. “Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. “Dwelling” and “dwelling unit” do not include a primitive rural hunting cabin. SECTION 6: SPS 320.07 (27) is amended to read:
SPS 320.07 (27) “Dwelling unit" means any building, the initial construction of which is commenced on or after the effective date of this code, which contains one or 2 dwelling units. has the meaning given in s. 101.61 (1), Stats. SECTION 7: SPS 320.07 (27) (Note), (59p), and (59p) (Note) are created to read:
SPS 320.07 (27) (Note) Section 101.61 (1), Stats., reads as follows: “Dwelling" means any building that contains one or 2 dwelling units. “Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. “Dwelling” and “dwelling unit” do not include a primitive rural hunting cabin. (59p) “Primitive rural hunting cabin” has the meaning given in s.101.61 (3), Stats.
(59p) (Note) Section 101.61 (3), Stats., reads as follows: (3) “Primitive rural hunting cabin” means a structure that satisfies all of the following:
(a) The structure is not used as a home or residence.
(b) The structure is used principally for recreational hunting activity.
(c) The structure does not exceed 2 stories in height.
(d) The structure satisfies any of the following:
1. The structure was constructed before December 31, 1997.
2. The structure results from alterations made to a structure described in subd.1.
3. The structure replaces a structure described in subd. 1. SECTION 8: SPS 321.097 (title) is amended to read:
SPS 321.097 (title) Carbon monoxide alarms detectors.
SECTION 9: SPS 321.097(1) (a) and (a) (Note) are renumbered SPS 321.097 (1) (ar) and (1) (ar) (Note) and amended to read:
SPS 321.097 (1) (ar) “Fuel-burning appliance" has the meaning given in s. 101.647 (1) (b) 101.149 (1) (as), Stats. Fuel-burning appliances include stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, fireplaces and heaters. (1) (ar) (Note) Section 101.647(1) (b)101.149 (1) (as), Stats., reads as follows: “Fuel-burning appliance" means a device that is installed in a dwelling, that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product. SECTION 10: SPS 321.097(1) (ag) and (ag) (Note) are created to read:
SPS 321.097 (1) (ag) “Carbon monoxide detector” has the meaning given in s. 101.149 (1) (am), Stats. “Carbon monoxide detector" means an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air.
SECTION 11: SPS 321.097(1) (b) and (b) (Note) are repealed.
SECTION 12: SPS 321.097 (2) (a), (2) (a) (Note), (2) (b) 1., (2) (b) 2., (2) (c) 1., (2) (c) 2., (2) (d) 1., (2) (d) 1. (Note), and (3) are amended to read:
SPS 321.097 (2) (a) General. Except as provided in sub. (4), listed Listed and labeled carbon monoxide alarms detectors shall be installed and maintained in accordance with s. 101.647 (2) to (6), Stats., in one and 2-family dwellings, for which building permit applications were made or construction commenced on or after February 1, 2011. (2) (a) (Note) Section 101.647 (2) to (6), Stats., reads:
(2) Installation and safety certification. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector.
(3) Requirements. (a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling’s electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance.
(am) 1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01 (5), the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling’s electrical wiring system, except as provided under subd. 2. 2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance.
(b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.
(4) Inspection. The Except as provided under s. 101.64 (2m), department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect a new dwellings dwelling and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section. (5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following:
(a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.
(b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling.
(6) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.
(2) (b) 1. On floor levels that contain one or more sleeping areas, a carbon monoxide alarm detector shall be installed outside of the sleeping area, within 21 feet of the centerline of the door opening to any sleeping area and in an exit path from any sleeping area.
(2) (b) 2. On floor levels that do not contain a sleeping area, a carbon monoxide alarm detector shall be installed in a common area on each floor level.
