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Ch. SPS 327 Note Note: Ch. SPS 327 was created by emergency rule, EmR1703, effective February 6, 2017.
subch. I of ch. SPS 327 Subchapter I — Administration and Enforcement
SPS 327.01 SPS 327.01Purpose. 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 327.01 History History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18.
SPS 327.02 SPS 327.02Scope.
SPS 327.02(1) (1)General. The provisions of this code apply to all camping units for which construction commenced on or after February 6, 2017.
SPS 327.02 Note Note: Also see s. SPS 327.04.
SPS 327.02(2) (2)Municipal ordinances.
SPS 327.02(2)(a)(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).
SPS 327.02(2)(b) (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.
SPS 327.02(2)(c) (c) Any municipality may, by ordinance, require permits and fees for any construction, additions, alterations, or repairs not within the scope of this code.
SPS 327.02(2)(d) (d) Any municipality may, by ordinance, adopt the provisions of this chapter to apply to any additions or alterations to existing camping units.
SPS 327.02(2)(e) (e) Nothing in this chapter shall prevent a municipality from any of the following:
SPS 327.02(2)(e)1. 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.
SPS 327.02(2)(e)2. 2. Regulating erosion and sediment control for sites that are not under the scope of this chapter.
SPS 327.02(2)(f) (f) This code shall not be construed to affect the authority of the department of natural resources to enforce chs. 281 and 283, Stats., and administrative rules promulgated thereunder.
SPS 327.02(3) (3)Legal responsibility. The department or the municipality having jurisdiction shall not assume legal responsibility for the design or construction of camping units.
SPS 327.02(4) (4)Retroactivity. The provisions of this code are not retroactive, except as specifically stated in a rule.
SPS 327.02(5) (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 327.02 History History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18; correction in (2) (f) made under s. 35.17, Stats., Register March 2018 No. 747.
SPS 327.03 SPS 327.03Effective date. The effective date of this chapter is February 6, 2017.
SPS 327.03 History History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18.
SPS 327.04 SPS 327.04Applications.
SPS 327.04(1) (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.
SPS 327.04(2) (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.
SPS 327.04(3) (3)Change of use. Property previously used for another purpose shall comply with this code upon conversion to a camping unit.
SPS 327.04 Note Note: Examples of property that may be converted to a camping unit include a cabin, covered wagon, or gazebo.
SPS 327.04 History History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18.
SPS 327.05 SPS 327.05Exemptions.
SPS 327.05(1) (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.
SPS 327.05 Note 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.
SPS 327.05(2) (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.
SPS 327.05(3) (3)Accessory buildings. The provisions of this code do not apply to detached garages or to any accessory buildings detached from the camping unit.
SPS 327.05(4) (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.
SPS 327.05(5) (5)Manufactured and modular homes. The provisions of this code do not apply to manufactured homes and modular homes.
SPS 327.05(6) (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 327.05 History History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18.
SPS 327.06 SPS 327.06Procedure for municipalities.
SPS 327.06(1)(1)Municipal jurisdiction.
SPS 327.06(1)(a)(a) General.
SPS 327.06(1)(a)1.1. 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.
SPS 327.06(1)(a)2. 2. Municipalities exercising jurisdiction under subd. 1. shall, by ordinance, adopt this code in its entirety.
SPS 327.06(1)(a)3. 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.
SPS 327.06(1)(b) (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.
SPS 327.06(1)(c) (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.
SPS 327.06 Note 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.
SPS 327.06(2) (2)Departmental jurisdiction. In municipalities not exercising jurisdiction under sub. (1), the department will oversee enforcement and inspection services for new camping units.
SPS 327.06 History History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18.
SPS 327.07 SPS 327.07State jurisdiction. In accordance with s. 101.64 (1) (h), Stats., municipalities administering the code may be monitored by the department for compliance with the administrative requirements under this code.
SPS 327.07 History History: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18; correction made under s. 13.92 (4) (b) 7., Stats., Register May 2018 No. 749.
SPS 327.08 SPS 327.08Definitions. In this chapter:
SPS 327.08(1) (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.
SPS 327.08(2) (2) “Addition" means new construction performed on a camping unit which increases the outside dimensions of the camping unit.
SPS 327.08(3) (3) “Allowable stress" means the specified maximum permissible stress of a material expressed in load per unit area.
SPS 327.08(4) (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.
SPS 327.08(5) (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.
SPS 327.08(6) (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.
SPS 327.08(7) (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.
SPS 327.08(8) (8) “Campground” has the meaning given in s. ATCP 79.03 (3).
SPS 327.08 Note 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.
SPS 327.08(9) (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.
SPS 327.08(10) (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.
SPS 327.08(11) (11) “Ceiling height" means the clear vertical distance from the finished floor to the finished ceiling.
SPS 327.08(12) (12) “Certified UDC inspector" means a person certified by the department to engage in the administration and enforcement of this code.
SPS 327.08(13) (13) A “chimney" is one or more vertical, or nearly so, passageways or flues for the purpose of conveying flue gases to the atmosphere.
SPS 327.08(14) (14) “Code" means this chapter.
SPS 327.08(15) (15) “Common area" means a kitchen, hallway, or any habitable room.
SPS 327.08(16) (16) “Cooling load" is the rate at which heat must be removed from the space to maintain a selected indoor air temperature during periods of design outdoor weather conditions.
SPS 327.08(17) (17) “Deck" means an unenclosed exterior structure, attached or adjacent to the exterior wall of a camping unit, which has a floor, but no roof.
SPS 327.08(18) (18) “Department" means the department of safety and professional services.
SPS 327.08(19) (19) “Dilution air" means air that is provided for the purpose of mixing with flue gases in a draft hood or draft regulator.
SPS 327.08(20) (20) “Direct-vent appliance" means a gas-burning appliance that is constructed and installed so that all air for combustion is derived directly from the outside atmosphere and all flue gases are discharged to the outside atmosphere.
SPS 327.08(21) (21) “Exit" means a direct, continuous, unobstructed means of egress from inside the camping unit to the exterior of the camping unit.
SPS 327.08(22) (22) “Fireblocking" means a material or device used to retard or prevent the spread of flame or hot gases through concealed spaces into adjacent rooms or areas.
SPS 327.08(23) (23) “First floor" means the first floor level above any groundfloor or basement or, in the absence of a groundfloor or basement, means the lowest floor level in the camping unit.
SPS 327.08(24) (24) “Flight" means a continuous series of risers and treads, with no intermediate landings.
SPS 327.08(25) (25) “Gas appliance" means any device that uses gas as a fuel or raw material to produce light, heat, power, refrigeration, or air conditioning.
SPS 327.08(26) (26) “Groundfloor" means that level of a camping unit, below the first floor, located on a site with a sloping or multilevel grade and which has a portion of its floor line at grade.
SPS 327.08(27) (27) “Guard" means a barrier erected to prevent a person from falling to a lower level.
SPS 327.08(28) (28) “Habitable room" means any room used for sleeping, living, or dining purposes, excluding such enclosed places as kitchens, closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces.
SPS 327.08(29) (29) “Handrail" means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair.
SPS 327.08(30) (30) “Heating load" is the estimated heat loss of each room or space to be heated, based on maintaining a selected indoor air temperature during periods of design outdoor weather conditions. The total heat load includes: the transmission losses of heat transmitted through the wall, floor, ceiling, glass or other surfaces; and either the infiltration losses or heat required to warm outdoor air used for ventilation.
SPS 327.08(31) (31) “HVAC” means heating, ventilating and air conditioning.
SPS 327.08(32) (32) “HVAC system” means the equipment, distribution network, and terminals that provide either collectively or individually the processes of heating, ventilating, or air conditioning to a building.
SPS 327.08(33) (33) “Insignia" or “Wisconsin insignia" means a device or seal approved by the department to certify compliance with this code.
SPS 327.08(34) (34) “Kitchen" means an area used, or designed to be used, for the preparation of food.
SPS 327.08(35) (35) “Land disturbing construction activity" means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in storm water runoff and lead to an increase in soil erosion and movement of sediment.
SPS 327.08(36) (36) “Landing" means the level portion of a stairs located between flights of stairs or located at the top and base of a stairs.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.