SPS 321.097(1)(a)
(a) "Fuel-burning appliance" has the meaning given in s.
101.647 (1) (b), Stats. Fuel-burning appliances include stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, fireplaces and heaters.
SPS 321.097 Note
Note: Section
101.647 (1) (b), Stats., reads: "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.
SPS 321.097 Note
Note: Section
DHS 195.03 (20) reads: "Tourist rooming house" means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under ch.
DHS 197.
SPS 321.097(2)(a)(a)
General. Except as provided in
sub. (4), listed and labeled carbon monoxide alarms 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.
SPS 321.097 Note
(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.
SPS 321.097 Note
(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.
SPS 321.097 Note
(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.
SPS 321.097 Note
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.
SPS 321.097 Note
(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.
SPS 321.097 Note
(4) Inspection. The 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 new dwellings 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.
SPS 321.097 Note
(5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following:
SPS 321.097 Note
(a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.
SPS 321.097 Note
(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.
SPS 321.097 Note
(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.
SPS 321.097(2)(b)1.1. On floor levels that contain one or more sleeping areas, a carbon monoxide alarm 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.
SPS 321.097(2)(b)2.
2. On floor levels that do not contain a sleeping area, a carbon monoxide alarm shall be installed in a common area on each floor level.
SPS 321.097(2)(c)1.1. Except as provided in
subd. 2., carbon monoxide alarms shall be continuously powered by the house electrical service, shall have a backup power supply and shall be interconnected so that activation of one alarm will cause activation of all alarms.
SPS 321.097(2)(c)2.
2. Dwellings with no electrical service shall be provided with battery-powered carbon monoxide alarms in the locations under
par. (b). Interconnection is not required in these dwellings.
SPS 321.097(2)(d)
(d) Standards. The devices shall conform with one of the following standards:
SPS 321.097(2)(d)1.
1. Carbon monoxide alarms shall be listed and labeled identifying conformance with UL 2034.
SPS 321.097 Note
Note: Pursuant to this subdivision, carbon monoxide alarms need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms.
SPS 321.097(2)(d)2.
2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075.
SPS 321.097 Note
Note: Note: Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors.
SPS 321.097(3)
(3) Existing dwellings. Except as provided in
sub. (4), listed and labeled carbon monoxide alarms 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 initial construction commenced on or after June 1, 1980, and before February 1, 2011.
SPS 321.097(4)(a)(a) Listed and labeled carbon monoxide alarms with battery secondary power supplies shall be installed and maintained in dwellings to be utilized as licensed tourist rooming houses and that contain fuel-burning appliances in accordance with s.
101.149 (2) and
(3), Stats.
SPS 321.097 Note
(2) Installation requirements. (a) Except as provided in par. (b), the owner of a residential building shall install a carbon monoxide detector in all of the following places not later than the date specified under par. (c):
SPS 321.097 Note
1. In the basement of the building if the basement has a fuel-burning appliance.
SPS 321.097 Note
2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance.
SPS 321.097 Note
3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit that has a fuel-burning appliance.
SPS 321.097 Note
4. In each room that has a fuel-burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more than 75 feet from the fuel-burning appliance.
SPS 321.097 Note
5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, except that, if there is no electrical outlet within this distance, the owner shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.
SPS 321.097 Note
(b) If a unit is not part of a multiunit building, the owner of the residential building need not install more than one carbon monoxide detector in the unit.
SPS 321.097 Note
(c) 1. Except as provided under subd. 2., the owner of a residential building shall comply with the requirements of this subsection before the building is occupied.
SPS 321.097 Note
2. The owner of a residential building shall comply with the requirements of this subsection not later than April 1, 2010, if construction of the building was initiated before October 1, 2008, or if the department approved the plans for the construction of the building under s.
101.12, Stats., before October 1, 2008.
SPS 321.097 Note
(d) Any carbon monoxide detector that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection.
SPS 321.097 Note
(e) The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector.
SPS 321.097 Note
(3) Maintenance requirements. (a) The owner of a residential building shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector.
SPS 321.097 Note
(b) An occupant of a unit in a residential building may give the owner of the residential building written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The owner of the residential building shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice.
SPS 321.097 Note
(c) The owner of a residential building is not liable for damages resulting from any of the following:
SPS 321.097 Note
1. A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the residential building.
SPS 321.097 Note
2. 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 or the result of a faulty alarm that was reasonably maintained by the owner as required under par. (a).
SPS 321.097(4)(b)
(b) Carbon monoxide alarms shall be wired to the dwelling's electrical service.
SPS 321.097(4)(c)
(c) Carbon monoxide alarms within a dwelling unit shall be interconnected so that activation of one alarm will cause activation of all alarms within the dwelling unit.
SPS 321.097(4)(d)1.
1. Carbon monoxide alarms shall be listed and labeled identifying conformance with UL 2034.
SPS 321.097 Note
Note: Pursuant to this subdivision, carbon monoxide alarms need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms.
SPS 321.097(4)(d)2.
2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075.
SPS 321.097 Note
Note: Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors.
SPS 321.097(4)(e)
(e) The installation of carbon monoxide alarms or detectors in adjacent units required under s.
101.149 (2) (a) 3., Stats., shall apply to those units located on the same floor level.
SPS 321.097(4)(f)1.1. For the purposes of s.
101.149 (2) (a) 4., Stats., "room" means an enclosed area affording space for any other human activity besides just servicing mechanical equipment, including fuel-burning appliances.
SPS 321.097(4)(f)2.
2. For the purposes of s.
101.149 (2) (a) 4., Stats., where a fuel-burning appliance is located within a closet or enclosed space not affording space for any other human activity within a dwelling unit or sleeping unit, a carbon monoxide alarm or detector shall be located within 75 feet of that closet or space.
SPS 321.097(4)(h)
(h) Violation of the provisions of this subsection shall be subject to the penalties provided under s.
101.149 (8), Stats.
SPS 321.097 Note
Note: Section
101.149 (8), Stats., reads:
SPS 321.097 Note
(8) Penalties. (a) If the department of safety and professional services or the department of health and family services determines after an inspection of a building under this section or s.
254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.
SPS 321.097 Note
(b) If a person is charged with more than one violation of sub. (2) or (3) arising out of an inspection of a building owned by that person, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture under par. (a).
SPS 321.097 Note
(c) Whoever violates sub. (4) is subject to the following penalties:
SPS 321.097 Note
1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.
SPS 321.097 Note
2. For a 2nd or subsequent offense, the person is guilty of a Class I felony.
SPS 321.097 History
History: EmR0826: emerg. cr. eff. 10-1-08;
CR 08-085: cr.
Register May 2009 No. 641, eff. 6-1-09; renumbered under s. 13.92 (4) (b) 1. and corrections in (1) (b) 2. and (6) made under s. 13.92 (4) (b) 7., Stats.,
Register May 2009 No. 641;
CR 10-089: renum. (1) (a), (2), (3), (5), (6), (7) to be (4) (a), (b), (c), (e), (g), (h) and am. (4) (g) and (h), r. (1) (b), (4), cr. (1), (2), (3), (4) (title), (d), (f)
Register January 2011 No. 661, eff. 2-1-11.
SPS 321.10
SPS 321.10
Protection against decay and termites. SPS 321.10(1)(1) Wood used in any of the applications under this section shall meet all of the following requirements:
SPS 321.10(1)(a)
(a) The wood shall be labeled and pressure treated with preservative in accordance with an AWPA standard or shall be naturally durable and decay-resistant or shall be engineered to be decay resistant.
SPS 321.10(1)(b)
(b) The wood shall be pressure treated with preservative or shall be naturally termite-resistant unless additional steps are taken to make the wood termite-resistant.
SPS 321.10(2)
(2) Wood used in the following locations shall be as required under
sub. (1):
SPS 321.10(2)(b)
(b) Floor joists or sleepers that meet all of the following conditions:
SPS 321.10(2)(b)2.
2. The joists or sleepers are within 18 inches above a lower floor surface, deck or soil.
SPS 321.10 Note
Note: This situation could occur with a floor over a crawl space or when a floor is added over a patio deck or a garage slab.
SPS 321.10(2)(c)
(c) Floor joists exterior to the dwelling that are within 18 inches above exterior grade, unless protected with a moisture barrier.
SPS 321.10 Note
Note: Acceptable moisture barriers for this application include ¾
-inch exterior preservative-treated plywood, or ice dam protection material listed as meeting the requirements of ASTM D 1970 or vapor retarder material, provided they are protected from physical and UV light damage.
SPS 321.10(2)(d)
(d) Girders that span directly over and within 12 inches of earth.
SPS 321.10(2)(e)
(e) Sills and rim joists that rest on concrete or masonry and are also below grade or within 8 inches above final exterior grade.
SPS 321.10(2)(f)
(f) Siding and sheathing in contact with concrete, masonry or earth and within 6 inches above final exterior grade.
SPS 321.10(2)(g)
(g) Ends of wood structural members and their shims resting on or supported in masonry or concrete walls and having clearances of less than ½ inch on the top, sides and ends.
SPS 321.10(2)(h)
(h) Bottom plates or sole plates of walls that rest on concrete or masonry and that are below exterior grade or less than 8 inches above final exterior grade.
