Wisconsin Legislature: Chapter 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: