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Register May 2022 No. 797
Chapter SPS 320
ADMINISTRATION AND ENFORCEMENT
Subchapter I — Purpose and Scope
SPS 320.01   Purpose.
SPS 320.02   Scope.
SPS 320.03   Effective date.
SPS 320.04   Applications.
SPS 320.05   Exemptions.
Subchapter II — Jurisdiction
SPS 320.06   Procedure for municipalities.
SPS 320.065   State jurisdiction.
Subchapter III — Definitions
SPS 320.07   Definitions.
Subchapter IV — Approval and Inspection of One- and 2-Family Dwellings
SPS 320.08   Wisconsin uniform building permit.
SPS 320.09   Procedure for obtaining uniform building permit.
SPS 320.10   Inspections.
SPS 320.11   Suspension or revocation of Wisconsin uniform building permit.
Subchapter V — Approval and Inspection of Modular Homes and Their Components
SPS 320.12   Scope.
SPS 320.13   Manufacture, sale and installation of homes.
SPS 320.14   Approval procedures.
SPS 320.15   Effect of approval.
SPS 320.16   Suspension and revocation of approval.
SPS 320.17   Effect of suspension and revocation.
Subchapter VI — Approval of Products
SPS 320.18   Building product approvals.
Subchapter VII — Variances, Appeals, Violations and Penalties
SPS 320.19   Petition for variance.
SPS 320.20   Municipal variance from the code.
SPS 320.21   Appeals of orders, determinations, and for extension of time.
SPS 320.22   Penalties and violations.
Subchapter IX — Adoption of Standards
SPS 320.24   Adoption of standards.
Ch. SPS 320 Note Note: Chapter ILHR 20 was renumbered chapter Comm 20 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1999, No. 517. Chapter Comm 20 was renumbered chapter SPS 320 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 320 Subchapter I — Purpose and Scope
SPS 320.01 SPS 320.01Purpose.
SPS 320.01(1)(1)The purpose of this code is to establish uniform statewide construction standards and inspection procedures for one- and 2-family dwellings and modular homes in accordance with the requirements of ss. 101.60 and 101.70, Stats.
SPS 320.01(2) (2)The purpose of this code is to establish uniform installation and inspection procedures for manufactured homes in accordance with the requirements of s. 101.96, Stats.
SPS 320.01 Note Note: The design and construction of manufactured homes is regulated by the federal Department of Housing and Urban Development under Title 24 CFR Part 3280.
SPS 320.01 Note Note: See ch. SPS 305 for licensing requirements for manufactured home manufacturers and manufactured home installers.
SPS 320.01 Note Note: Other agencies may have regulations that affect the design, construction or placement of the dwelling and accessory structures or systems serving the dwelling. The regulations may necessitate additional administrative procedures or inspections for compliance.
SPS 320.01 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. Register, March, 1992, No. 435, eff. 4-1-92; CR 06-071: renum. s. Comm 320.01 to be (1) , cr. (2) Register December 2006 No. 612, eff. 4-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639.
SPS 320.02 SPS 320.02Scope.
SPS 320.02(1)(1)General. The provisions of this code apply to all of the following:
SPS 320.02(1)(a) (a) All one- and 2-family dwellings built on or after the effective dates under s. SPS 320.03.
SPS 320.02 Note Note: This includes site-built dwellings, manufactured buildings used as dwellings, modular homes and dwellings that may be designated as cabins, seasonal homes, temporary residences, etc., (except for manufactured or HUD homes, which are covered separately under this section).
SPS 320.02(1)(b) (b) Adult family homes providing care, treatment and services for 3 or 4 unrelated adults built on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(c) (c) Community-based residential facilities providing care, treatment and services for 5 to 8 unrelated adults built on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(ce) (ce) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03 that is used as a foster home or group home, or as a residential care center for children and youth that has a capacity for 8 or fewer children, all as defined in s. 48.02, Stats. Where such a home or center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.
SPS 320.02 Note Note: Note: The definitions in s. 48.02, Stats., limit foster homes to no more than 4 children unless the children are siblings, and limit group homes to no more than 8 children. Where permitted by the Department of Children and Families, a group home or a residential care center for children and youth that has a capacity for 8 or fewer children may be located in a one- or 2-family dwelling as a community living arrangement, as defined in s. 46.03 (22), Stats.
SPS 320.02(1)(cm) (cm) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a public or private day care center for 8 or fewer children is located. Where such a day care center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.
SPS 320.02 Note Note: Chapter DCF 250, as administered by the Department of Children and Families, defines a “family child care center" as being “a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider." Chapter DCF 250 applies various licensing and other requirements to these centers, including for fire protection and other aspects of the physical plant.
SPS 320.02(1)(cs)1.1. Any portion of or space within a one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a home occupation is located.
SPS 320.02(1)(cs)2. 2. In this paragraph, “ home occupation" means any business, profession, trade, or employment conducted in a person's dwelling unit, that may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:
SPS 320.02(1)(cs)2.a. a. Explosives, fireworks, or repair of motor vehicles.
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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.