Register December 2011 No. 672
Chapter SPS 361
ADMINISTRATION AND ENFORCEMENT
Subchapter I — Scope and Application
SPS 361.01 Purpose of code.
SPS 361.05 Adoption of the International Codes.
Subchapter II — Responsibilities, Appeals, Petitions and Penalties
SPS 361.20 Responsibilities.
SPS 361.22 Petition for variance.
Subchapter III — Plan Review and Related Functions
SPS 361.295 Administrative coordination.
SPS 361.30 Plan review and approval.
SPS 361.32 Permission to start construction.
SPS 361.33 Evidence of plan approval.
SPS 361.35 Revocation of approval.
SPS 361.36 Expiration of plan approval and extension of plan approval.
SPS 361.37 Department limitation.
SPS 361.39 Registration of cross connection control assemblies.
Subchapter IV — Supervision and Inspections
Subchapter V — Product and Standard Review and Approval
SPS 361.50 Building product approvals.
SPS 361.51 Alternate standards.
Subchapter VI — First Class City and Certified Municipality Approvals
SPS 361.60 Certified municipalities and counties.
SPS 361.61 Appointed agents.
Ch. SPS 361 Note
Note: Chapters Comm 50 to 64 and Appendices A and B as they existed on June 30, 2002 were repealed and new chapters Comm 61 to 65 and Appendix A and B were created effective July 1, 2002. Chapter Comm 61 was renumbered chapter SPS 361 under s. 13.92 (4) (b) 1., Stats.,
Register December 2011 No. 672.
SPS 361.01
SPS 361.01
Purpose of code. Pursuant to various statutory provisions under subch.
I of ch. 101, Stats., the purpose of this code is to protect the health, safety and welfare of the public and employees by establishing minimum standards for the design, construction, maintenance and inspection of public buildings, including multifamily dwellings, and places of employment.
SPS 361.01 History
History: CR 00-179: cr.
Register December 2001 No. 552, eff. 7-1-02.
SPS 361.02(1)(1) Except as provided in
subs. (2) and
(3), this code applies to all public buildings and places of employment.
SPS 361.02 Note
Note: Under s.
101.01 (11), Stats., "place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s.
102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s.
50.01 (1), or, except for the purposes of s.
101.11, a previously constructed building used as a community-based residential facility, as defined in s.
50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.
SPS 361.02 NoteUnder s.
101.01 (12), Stats., "public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in s.
50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s.
50.01 (1).
SPS 361.02(2)
(2) This code does not apply to buildings or situations listed under the exclusions in s.
101.01 (11) and
(12), Stats., or under the exemptions in s.
101.05, Stats.
SPS 361.02 Note
Note: Section
102.04 (3), Stats., as referenced in s.
101.01 (11), Stats., reads as follows: "As used in this chapter `farming' means the operation of farm premises owned or rented by the operator. `Farm premises' means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. `Farmer' means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur-bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person's principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming. Operation of such premises shall be deemed to include also any other activities commonly considered to be farming whether conducted on or off such premises by the farm operator."
SPS 361.02 Note
Note: Under s.
50.01 (1), Stats., as referenced in s.
101.01 (12), Stats., "adult family home" means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g):
SPS 361.02 Note
(a) A private residence to which all of the following apply:
SPS 361.02 Note
1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s.
51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings.
SPS 361.02 Note2. The private residence was licensed under s.
48.62 as a home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.
SPS 361.02 Note
(b) A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident.
SPS 361.02 Note
Note: Under s.
50.01 (1g), Stats., as referenced in s.
101.01 (12), Stats., "community-based residential facility" means a place where 5 or more adults who are not related to the operator or administrator and who do not require care above intermediate level nursing care reside and receive care, treatment or services that are above the level of room and board but that include no more than 3 hours of nursing care per week per resident. "Community-based residential facility" does not include any of the following:
SPS 361.02 Note
(a) A convent or facility owned or operated by members of a religious order exclusively for the reception and care or treatment of members of that order.
SPS 361.02 Note
(b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s.
49.165 (1) (a), and their children.
SPS 361.02 Note(c) A shelter facility as defined under s.
16.308 (1) (d).
SPS 361.02 Note
(d) A place that provides lodging for individuals and in which all of the following conditions are met:
SPS 361.02 Note
1. Each lodged individual is able to exit the place under emergency conditions without the assistance of another individual.
SPS 361.02 Note
2. No lodged individual receives from the owner, manager or operator of the place or the owner's, manager's or operator's agent or employee any of the following:
SPS 361.02 Note
a. Personal care, supervision or treatment, or management, control or supervision of prescription medications.
SPS 361.02 Note
b. Care or services other than board, information, referral, advocacy or job guidance; location and coordination of social services by an agency that is not affiliated with the owner, manager or operator, for which arrangements were made for an individual before he or she lodged in the place; or, in the case of an emergency, arrangement for the provision of health care or social services by an agency that is not affiliated with the owner, manager or operator.
