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)(g) (g) Pursuant to s. 101.149 (6) (b), Stats., the department may issue orders for a violation of the provisions of this subsection.
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 agriculture, trade and consumer protection determines after an inspection of a building under this section or s. 97.625 (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; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.
SPS 321.10 SPS 321.10Protection 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)(a) (a) Resting directly upon or embedded in earth.
SPS 321.10(2)(b) (b) Floor joists or sleepers that meet all of the following conditions:
SPS 321.10(2)(b)1. 1. The joists or sleepers are protected from the weather.
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(2)(b)3. 3. There is no vapor retarder that meets the requirements under s. SPS 322.38 (1) (a) between the joists or sleepers and the soil below.
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)1.1. Siding and sheathing in contact with concrete, masonry or earth and within 6 inches above final exterior grade.
SPS 321.10(2)(f)2. 2. Siding and sheathing in contact with concrete or masonry and within 2 inches above an impervious surface.
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.
SPS 321.10(2)(i) (i) Columns in direct contact with concrete or masonry unless supported by a structural pedestal or plinth block at least one inch above the floor.
SPS 321.10(2)(j) (j) Any structural part of an outdoor deck, including the decking.
SPS 321.10(2)(k) (k) Permanent wood foundations.
SPS 321.10(3) (3) Wood girders that rest directly on exterior concrete or masonry shall be protected by one of the following methods:
SPS 321.10(3)(a) (a) The wood shall be pressure treated with preservative or shall be a naturally durable and decay-resistant species.
SPS 321.10(3)(b) (b) Material, such as pressure-treated plywood, flashing material, steel shims, or water-resistant membrane material shall be placed between the wood and the concrete or masonry.
SPS 321.10(4) (4) All pressure-treated wood and plywood shall be identified by a quality mark or certificate of inspection of an approved inspection agency which maintains continued supervision, testing and inspection over the quality of the product.
SPS 321.10 Note Note: Heartwood of redwood, cypress, black walnut, catalpa, chestnut, sage orange, red mulberry, white oak, or cedar lumber are considered by the department to be naturally decay-resistant. Heartwood of bald cypress, redwood, and eastern red cedar are considered by the department to be naturally termite resistant.
SPS 321.10(5) (5)Fasteners.
SPS 321.10(5)(a)(a) Fasteners for pressure-preservative treated wood and fire-retardant-treated wood shall meet one of the following requirements:
SPS 321.10(5)(a)1. 1. The fastener is a steel bolt with a diameter of 0.5 inch or greater.
SPS 321.10(5)(a)2. 2. The fastener is made of stainless steel.
SPS 321.10(5)(a)3. 3. The fastener is made of hot-dipped, zinc-galvanized steel with the coating weight and thickness labeled as complying with ASTM A 153.
SPS 321.10(5)(a)4. 4. The fastener is made of steel with a mechanically-deposited zinc coating labeled as complying with ASTM B 695, Class 55 or greater.
SPS 321.10(5)(a)5. 5. The fastener has coating types and weights in accordance with the fastener manufacturer's recommendations. In the absence of the manufacturer's recommendations subd. 1., 2., 3., or 4. shall apply.
SPS 321.10 Note Note: “Zinc plated," “zinc coated," “chrome plated," etc., fasteners do not necessarily comply with either of these standards.
SPS 321.10(5)(b) (b) When a fastener is used with a hanger or other metal fixture, the fastener shall be of the same material as the hanger or metal fixture.
SPS 321.10 Note Note: When separate pieces are in close contact, zinc corrodes rapidly in the presence of plain steel. Zinc corrodes much more rapidly in the presence of stainless steel.
SPS 321.10(5)(c) (c) For the purposes of this section, a fastener includes nails, screws and bolts, along with nuts and washers.
SPS 321.10 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. Register, February, 1985, No. 350, eff. 3-1-85; am. (1) (b) and (3), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (1) (intro.) and (b), am. (1) (f), renum. (3) (intro.) to be (3) (a), cr. (3) (b), Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (a), (b), (3), cr. (1) (g), Register, November, 1995, No. 479, eff. 12-1-95; r. (1) and (2), renum. (3) to be (4), and cr. (1) to (3), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (4) (a) Register May 2003 No. 569, eff. 8-1-03; CR 08-043: am. (1), (2) (a) and (i), r. and recr. (2) (b) and (h), r. (2) (g) and (4) (b), renum. (2) (c) to (f) and (4) (a) to be (2) (d) to (g) and (4) and am. (2) (e), (f) 1. and (g), cr. (2) (c), (k) and (5) Register March 2009 No. 639, eff. 4-1-09; correction in (2) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (2) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-041: renum. (2) (f) to (2) (f) 1., cr. (2) (f) 2. Register December 2015 No. 720, eff. 1-1-16.
SPS 321.11 SPS 321.11Foam plastic.
SPS 321.11(1)(a) (a) General. Foam plastic insulation shall have a flame-spread rating of 75 or less and a smoke-developed rating of 450 or less when tested in accordance with ASTM E-84.
SPS 321.11(1)(b) (b) Thermal barrier. Except as provided in par. (c), foam plastic insulation shall be separated from the interior of the dwelling by one of the following thermal barriers:
SPS 321.11(1)(b)1. 1. ½ -inch gypsum wallboard.
SPS 321.11(1)(b)2. 2. ½ -inch nominal wood structural panel.
SPS 321.11(1)(b)3. 3. ¾ -inch sawn lumber with tongue-and-groove or lap joints.
SPS 321.11(1)(b)4. 4. 1-inch of masonry or concrete.
SPS 321.11(1)(b)5. 5. A product or material shown by an independent laboratory to limit the temperature rise on the unexposed surface to 250°F for 15 minutes when tested in accordance with ASTM E-119.
SPS 321.11(1)(b)6. 6. For doors only, sheet metal with a minimum thickness of 26 standard steel gauge or aluminum with a minimum thickness of 0.032 inch.
SPS 321.11 Note Note: Number 26 standard steel gauge is approximately equal to 0.018-inch.
SPS 321.11(1)(c) (c) Exemptions from thermal barrier requirement. The following applications of foam plastic do not require a thermal barrier:
SPS 321.11(1)(c)1. 1. On overhead garage doors.
SPS 321.11(1)(c)2. 2. In the box sill of the basement or ground floor, above the bottom of the floor joists.
SPS 321.11(2) (2) Insulation that does not meet the requirements of this section may be approved by the department in accordance with s. SPS 320.18. Approval will be based on tests that evaluate materials or products representative of actual end-use applications.
SPS 321.11 Note Note: See s. SPS 322.21 (3) for requirements for protecting foam plastic on the exterior of a dwelling.
SPS 321.11 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (b), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (1) (intro.), am. (1) (a), renum. (1) (b) and (c) to be (1) (c) and (d) and am. (1) (c), cr. (1) (b), Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (d), (2), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. Register, March, 2001, No. 543, eff. 4-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 321.115 SPS 321.115Installation of elevators or dumbwaiters. Elevators or dumbwaiters serving dwelling units shall comply with the requirements under ch. SPS 318.
SPS 321.115 History History: CR 08-030: cr. Register December 2008 No. 636, eff. 1-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. III of ch. SPS 321 Subchapter III — Excavations
SPS 321.12 SPS 321.12Drainage.
SPS 321.12(1) (1)Grade. The finished grade of the soil shall slope away from the dwelling at a rate of at least 1/2 inch per foot for at least 10 feet, except as provided in subs. (2) and (3).
SPS 321.12(2) (2)Other surfaces. Where the finished surface is impervious, it shall slope away from the dwelling for at least 10 feet at a rate that ensures equivalent drainage.
SPS 321.12(3) (3)Obstructions. Where lot lines, walls, slopes, or other barriers prevent having the 10-foot distance in sub. (2), swales or other means shall be provided to ensure equivalent drainage away from the dwelling.
SPS 321.12 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; CR 02-077: am. Register May 2003 No. 569, eff. 8-1-03; CR 15-041: renum. 321.12 to 321.12 (1) and am., cr. 321.12 (title), (2), (3) Register December 2015 No. 720, eff. 1-1-16.
SPS 321.125 SPS 321.125Erosion control and sediment control.
SPS 321.125(1)(1)General.
SPS 321.125(1)(a)(a) Where land disturbing construction activity is to occur erosion and sediment control practices shall be employed, as necessary, and maintained to prevent or reduce the potential deposition of soil or sediment to all of the following:
SPS 321.125(1)(a)1. 1. The waters of the state.
SPS 321.125(1)(a)2. 2. Adjacent properties.
SPS 321.125 Note Note: Authority over erosion and sediment control at construction sites having a land-disturbance area of one acre or more was transferred to the Department of Natural Resources (DNR) under 2013 Wis. Act 20, sections 1712 and 2088. Consequently, the Department of Safety and Professional Services no longer applies the requirements in this section to those sites. Information regarding the DNR permit requirements and standards may be available at http://dnr.wi.gov/topic/stormwater/construction.
SPS 321.125(1)(b) (b) Land disturbing construction activities, except those activities necessary to implement erosion or sediment control practices, may not begin until the sediment control practices are in place for each area to be disturbed in accordance with the approved plan.
SPS 321.125(1)(c) (c) Erosion and sediment control practices shall be maintained until the disturbed areas are stabilized. A disturbed area shall be considered stabilized by vegetation when a perennial cover has been established with a density of at least 70%.
SPS 321.125(1)(d) (d) Erosion and sediment control practices shall either be approved by the department or listed by the department of natural resources in accordance with the process under s. NR 151.32 (2).
SPS 321.125 Note Note: Listed practices can be found through the Division of Industry Services website at http://dsps.wi.gov/programs/industry-services or by contacting the Division at telephone (608) 266-3151 or (877) 617-1565 or 411 (Telecommunications Relay).
SPS 321.125(2) (2)Mandated practices. Specific practices at each site where land disturbing construction activity is to occur shall be utilized to prevent or reduce all of the following:
SPS 321.125(2)(a) (a) The deposition of soil from being tracked onto streets by 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.