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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 320.02 Scope.
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)(d) (d) The onsite installation of a mobile home or manufactured home on piers, regardless of the date of production of the home.
SPS 320.02 Note Note: The design and construction of a manufactured home is regulated by the U.S. Department of Housing and Urban Development and is not subject to UDC requirements. Prior to regulation by HUD in 1976, manufactured homes were known as mobile homes and their design and construction were not uniformly regulated. See s. SPS 320.07 (52m) for the statutory definition.
SPS 320.02(1)(e) (e) The onsite installation of a manufactured home, regardless of the type of foundation, where the manufactured home has a production date on or after April 1, 2007.
SPS 320.02(1)(f) (f) The design and construction of a crawlspace, basement or foundation, other than piers, under a manufactured home where the manufactured home has a production date on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(g) (g) All garages, carports, porches, stoops, decks, balconies, stairways and similar structures that are attached to any building covered under this section that was constructed or had a production date on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(h) (h) Adjacent, unattached structures listed under par. (g) that serve an exit from a dwelling.
SPS 320.02(2) (2)Municipal ordinances.
SPS 320.02(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 dwellings for any reason other than noncompliance with the provisions of this code as set forth in s. SPS 320.10 (4). This code does not apply to occupancy requirements occurring after the first occupancy for residential purposes following the final inspection required under s. SPS 320.10 (3) (h).
SPS 320.02(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 320.02(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 320.02(2)(d) (d) Any municipality may, by ordinance, adopt the provisions of chs. SPS 320 to 325 to apply to any additions or alterations to existing dwellings.
SPS 320.02(2)(e) (e) Nothing in this chapter shall prevent a municipality from any of the following:
SPS 320.02(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 320.02(2)(e)2. 2. Regulating erosion and sediment control for sites that are not under the scope of this chapter.
SPS 320.02(2)(f) (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 there under.
SPS 320.02(3) (3)Legal responsibility. The department or the municipality having jurisdiction shall not assume legal responsibility for the design or construction of dwellings.
SPS 320.02(4) (4)Retroactivity. The provisions of this code are not retroactive, except as specifically stated in a rule.
SPS 320.02(5) (5)Innovative dwellings. No part of this code is intended to prohibit or discourage the construction of innovative dwellings such as a dwelling built below ground, a geodesic dome, a concrete house, a fiber-glass house or any other nonconventional structure.
SPS 320.02(6) (6)Landscaping. Except for construction erosion control, the scope of this code does not extend to driveways, sidewalks, landscaping and other similar features not having an impact on the dwelling structure.
SPS 320.02 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (intro.), cr. (1) (d), r. and recr. (6), Register, February, 1985, No. 350, eff. 3-1-85; r. (6), Register, January, 1989, No. 397, eff. 2-1-89; am. (3), Register, April, 1990, No. 412, eff. 5-1-90; am. (5), Register, September, 1992, No. 441, eff. 12-1-92; am. (1) (a), Register, November, 1995, No. 479, eff. 12-1-95; CR 00-159: renum. (intro.) to be (1) (a) and (1) to (5) to be (2) to (6); cr. (1) (b), Register September 2001 No. 549 eff. 12-1-01; CR 03-097: r. and recr. (1) Register November 2004 No. 587, eff. 1-1-05; CR 05-113: am. (2) (b), cr. (2) (e) and (f) Register December 2006 No. 612, eff. 4-1-07; CR 06-071: renum. (1) to be (1) (a), cr. (1) (b) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. and recr. (1), am. (2) (e) 1. Register March 2009 No. 639, eff. 4-1-09; corrections in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; CR 10-089: am. (4) Register January 2011 No. 661, eff. 2-1-11; correction in (1) (a), (b), (c), (f), (g), (2) (a), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.03 SPS 320.03 Effective date. The effective date of ch. SPS 322 is December 1, 1978. The effective date of chs. SPS 320, 321, 323, 324 and 325 is June 1, 1980.
SPS 320.03 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. Register, January, 1989, No. 397, eff. 2-1-89; correction made under s. 13.93 (2m) (b) 4., Stats., Register, January, 1989, No. 397; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.04 SPS 320.04 Applications.
SPS 320.04(1)(1)New dwellings.
SPS 320.04(1)(a)(a) This code applies to all dwellings, dwelling units and foundations for dwelling units, for which the building permit application was made or construction commenced on or after the effective date of this code.
SPS 320.04(1)(b) (b) All dwellings covered under par. (a) shall meet the requirements of ch. SPS 321.
SPS 320.04(1)(c)1.1. The installation of heating, air conditioning, plumbing or electrical systems is not required.
SPS 320.04(1)(c)2. 2. If any of the systems under subd. 1. are installed, the systems and their installation shall comply with this code.
SPS 320.04(1)(c)3. 3. If a heating or air conditioning system is installed, the dwelling shall comply with ch. SPS 322.
SPS 320.04(2) (2)Additions and alterations. Additions and alterations to dwellings 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 320.04(3) (3)Bed and breakfast establishments. The following portions of a bed and breakfast establishment shall comply with the provisions of this code:
SPS 320.04(3)(a) (a) The third floor when used for other than storage.
SPS 320.04(3)(b) (b) A structural addition, for which no use other than as a bed and breakfast establishment is proposed.
SPS 320.04 Note Note: See s. 254.61, Stats., for further conditions and limitations relating to bed and breakfast establishments.
SPS 320.04(4) (4)Change of use. A building previously used for another purpose, such as a barn or garage, shall comply with this code upon conversion to residential use.
SPS 320.04(5) (5)Reuse of a dwelling or foundation.
SPS 320.04(5)(a)(a) Existing dwelling or manufactured home placed on a different foundation. Where an existing dwelling or manufactured home is placed on a different foundation, the new foundation is considered an addition or alteration to the existing dwelling or manufactured home.
SPS 320.04 Note Note: The applicability of this code to an addition or alteration to an existing dwelling or manufactured home is determined by the original date of construction of the dwelling or manufactured home and is not altered by any movement of the structure.
SPS 320.04(5)(b) (b) New dwelling or manufactured home. A new dwelling or manufactured home placed on a new or existing foundation shall meet the permitting, construction and inspection requirements of a new dwelling or manufactured home.
SPS 320.04(6) (6)Separated buildings. For a building to be considered a separate single-family dwelling or a separate 2-family dwelling within the scope of this code, regardless of ownership or occupancy arrangements, all of the following conditions shall be met:
SPS 320.04(6)(a) (a) No structural members other than a common footing may be shared between any 2 dwellings.
SPS 320.04 Note Note: Two separated, insulated foundation walls may share the same structural footing.
SPS 320.04(6)(b) (b) The adjoining exterior walls of the separate dwellings shall each have exterior coverings meeting the requirements of s. SPS 321.24.
SPS 320.04(6)(c) (c) The adjoining exterior walls, including foundations, of the separate dwellings shall each meet the energy requirements under ch. SPS 322, irrespective of any adjacent dwelling.
SPS 320.04(6)(d) (d) Both sides of any 2 adjoining walls, floors, ceilings and attics between dwellings shall meet the dwelling separation requirements of s. SPS 321.08 (1) for 2 dwellings on the same property less than 5 feet apart.
SPS 320.04 Note Note: 1. Flashing is acceptable to connect the roofs between dwelling units. See appendix for further information.
SPS 320.04 Note 2. A building of 3 or more dwelling units without the separations specified in this section is a commercial building and shall meet the requirements set forth in chs. SPS 361 to 366.
SPS 320.04 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; cr. (3), Register, January, 1989, No. 397, eff. 2-1-89; am. (1), r. and recr. (3), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr. (1), renum. (2) and (3) to be (3) and (4), cr. (2) and (5), Register, November, 1995, No. 479, eff. 12-1-95; r. (3) and (4), renum. (1) to be (1) (a) and (5) to be (4), and cr. (1) (b), (c), and (3), Register, March, 2001, No. 543, eff. 4-1-01; CR 06-071: renum. (2) to be (2) (a), cr. (2) (b) and (5) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. and recr. (2) and (5), cr. (6) Register March 2009 No. 639, eff. 4-1-09; correction in (1) (b), (c) 3., (6) (b), (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.05 SPS 320.05 Exemptions.
SPS 320.05(1)(1)Existing dwellings. The provisions of this code shall not apply to dwellings and dwelling units, the construction of which was commenced prior to the effective date of this code, or to additions or alterations to such dwellings.
SPS 320.05 Note Note: The provisions of chs. SPS 320 to 325 may be adopted by a municipality to apply to any additions or alterations to existing dwellings.
SPS 320.05(2) (2)Multifamily dwellings. The provisions of this code shall not apply to residences occupied by 3 or more families living independently or occupied by 2 such families and used also for business purposes.
SPS 320.05(3) (3)Repairs. The provisions of this code do not apply to repairs or maintenance to dwellings or dwelling units, or to the repair of electrical, plumbing, heating, ventilating, air conditioning and other systems installed therein.
SPS 320.05(4) (4)Accessory buildings. With the exception of s. SPS 321.08 (1), the provisions of this code do not apply to detached garages or to any accessory buildings detached from the dwelling.
SPS 320.05(5) (5)Detached decks. The provisions of this code do not apply to detached decks provided the deck does not serve an exit from the dwelling.
SPS 320.05(6) (6)Farm buildings. The provisions of this code do not apply to the buildings used exclusively for farm operations and not for human habitation.
SPS 320.05(7) (7)Indian reservations. The provisions of this code do not apply to dwellings located on Indian reservation land held in trust by the United States.
SPS 320.05(8) (8)Manufactured and modular homes. The provisions of this code do not apply to manufactured homes and modular homes used exclusively for display purposes.
SPS 320.05(9) (9)Motor homes and recreational vehicles. The provisions of this code do not apply to motor homes and recreational vehicles that are, or have been, titled through the department of transportation.
SPS 320.05 Note Note: Section 340.01 (33m) and (48r), Stats., read as follows:
SPS 320.05 Note (33m) "Motor home" means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.
SPS 320.05 Note (48r) "Recreational vehicle" means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid construction, and that does not exceed 45 feet in length.
SPS 320.05 Note Note: In accordance with Wis. Stat. s. 342.05 (1), the owner of a (recreational) vehicle, whether or not such vehicle is operated on any highway of this state, shall make application for certificate of title for the vehicle with the department of transportation. Examples of recreational vehicles are: travel trailer, 5th wheel and "park model". Recreational vehicles are normally constructed to the standards: ANSI/NFPA 1192, Standard for RVs, and NFPA 70, National Electrical Code. Recreational vehicles require a towbar (hitch), chassis, axles and wheels for transportation. At the installation site, the chassis and axles shall remain on the unit, with the towbar (hitch) and wheels left at the site. Otherwise the unit, including a park model, is subject to the UDC.
SPS 320.05 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (5), r. (9), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (8), Register, March, 1992, No. 435, eff. 4-1-92; am. (3), Register, November, 1995, No. 479, eff. 12-1-95; r. (8), renum. (6) and (7) to be (7) and (8) and cr. (6) and (9), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (5) Register May 2003 No. 569, eff. 8-1-03; CR 06-071: r. and recr. (9) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. (4), renum. (5) to (9) to be (4) to (8) and am. (6), cr. (9) Register March 2009 No. 639, eff. 4-1-09; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. II of ch. SPS 320 Subchapter II — Jurisdiction
SPS 320.06 SPS 320.06 Procedure for municipalities.
SPS 320.06(1)(1)Municipal jurisdiction.
SPS 320.06(1)(a)(a) General.
SPS 320.06(1)(a)1.1. Except as provided in ss. 101.651 (1) and (2m), Stats., cities, villages and towns shall exercise jurisdiction over the construction and inspection of new dwellings.
SPS 320.06 Note Note: Sections 101.651 (1) and (2m), Stats., read as follows.
SPS 320.06 Note 101.651 Special requirements for smaller municipalities. (1) Definition. In this section, "municipality" means a city, village or town with a population of 2,500 or less.
SPS 320.06 Note (2m) Enforcement options. A municipality shall exercise jurisdiction over the construction and inspection of new one– and 2–family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met:
SPS 320.06 Note (a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).
SPS 320.06 Note (c) Under sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter.
SPS 320.06(1)(a)2. 2. Municipalities intending to exercise jurisdiction shall, by ordinance, adopt this code in its entirety.
SPS 320.06(1)(a)3. 3. 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 320.20.
SPS 320.06(1)(b) (b) Intent to exercise jurisdiction. Municipalities intending to exercise jurisdiction shall notify the department, in writing, at least 30 days prior to the date upon which the municipality intends to exercise jurisdiction under this code. The notification of intent shall include a statement by the municipality as to which of the following methods will be used for enforcement:
SPS 320.06(1)(b)1. 1. Individual municipal enforcement;
SPS 320.06(1)(b)2. 2. Joint municipal enforcement;
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