Register February 2017 No. 734
Chapter SPS 367
Subchapter I — Purpose, Scope and Application
SPS 367.01   Purpose.
SPS 367.02   Scope and application.
SPS 367.03   Transfers.
Subchapter II — Definitions
SPS 367.04   Definitions.
Subchapter III — Administration and Enforcement
SPS 367.05   Enforcement.
SPS 367.06   Issuance of certificate, waiver or stipulation.
SPS 367.07   Petition for variance.
SPS 367.08   Penalties.
Subchapter IV — Rental Unit Energy Efficiency Requirements
SPS 367.10   Application.
SPS 367.11   Energy efficiency requirements.
SPS 367.12   Performance energy efficiency requirements.
Ch. SPS 367 Note Note: Chapter ILHR 67 was renumbered to be chapter Comm 67 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490. Chapter Comm 67 as it existed on April 30, 2008, was repealed and a new chapter Comm 67 was created Register April 2008 No. 628, effective May 1, 2008. Chapter Comm 67 was renumbered chapter SPS 367 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 367 Subchapter I — Purpose, Scope and Application
SPS 367.01 SPS 367.01 Purpose. Pursuant to s. 101.122, Stats., the purpose of this chapter is to establish minimum energy efficiency requirements for rental units that must be met before the ownership of the rental unit may be transferred.
SPS 367.01 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08.
SPS 367.02 SPS 367.02 Scope and application.
SPS 367.02(1) (1) General. Except for the buildings and rental units identified in sub. (2), this chapter applies to all dwelling units that are not owner-occupied and all rental units.
SPS 367.02(2) (2)Exclusions. All of the following buildings and rental units are excluded from the requirements of this chapter:
SPS 367.02(2)(a) (a) Any building containing up to 4 dwelling units, one of which is owner-occupied.
SPS 367.02(2)(b) (b) Any building constructed after December 1, 1978, which contains up to 2 dwelling units.
SPS 367.02(2)(c) (c) Any building constructed after April 15, 1976, which contains more than 2 dwelling units.
SPS 367.02(2)(d) (d) Any dwelling unit not rented at any time from November 1 to March 31.
SPS 367.02(2)(e) (e) A building that is subject to a condominium declaration under ch. 703, Stats., and that contains 3 or more units, as defined in s. 703.02 (15), Stats.
SPS 367.02(2)(f) (f) Mobile homes and manufactured homes as specified under chs. SPS 320 to 325.
SPS 367.02(2)(g) (g) Buildings and facilities with dwelling units that are licensed by the department of health services.
SPS 367.02 Note Note: See chs. DHS 70, 75 and 82 relating to various types of group homes, ch. DHS 83 relating to community-based residential facilities, ch. DHS 89 relating to residential care apartments, ch. DHS 124 relating to hospitals, ch. DHS 132 relating to nursing homes, ch. ATCP 72 relating to hotels, motels and tourist rooming houses, and ch. ATCP 73 relating to bed and breakfast establishments.
SPS 367.02(2)(h) (h) Qualified historic buildings as defined under s. 101.121, Stats. Department form SBD-7728, verification of historic status, shall be filed with the department showing the building complies with the historic building requirements. When the verification form is received a satisfaction of compliance as specified in s. SPS 367.06 (5) will be issued by the department.
SPS 367.02 Note Note: Rental weatherization program forms are available at the Department's Web site at through links to Division of Industry Services forms.
SPS 367.02 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; correction in (2) (g) made under s. 13.92 (4) (b) 6., Stats; correction in (2) (f), (h) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 367.03 SPS 367.03 Transfers.
SPS 367.03(1)(1) General.
SPS 367.03(1)(a)(a) Except for the exclusions specified in par. (b), after January 1, 1985, no owner may transfer a rental unit unless one of the following applies:
SPS 367.03(1)(a)1. 1. A certificate of compliance has been issued by an inspector or the department as specified under s. SPS 367.06 (2).
SPS 367.03(1)(a)2. 2. A written waiver has been issued by the department or department agent as specified in s. SPS 367.06 (3).
SPS 367.03(1)(a)3. 3. A stipulation has been recorded as specified in s. SPS 367.06 (4).
SPS 367.03(1)(a)4. 4. A satisfaction of compliance has been issued by the department as specified in s. SPS 367.06 (5).
SPS 367.03(1)(b) (b) The requirements under par. (a) do not apply to any of the following:
SPS 367.03(1)(b)1. 1. Conveyances that are exempt from the real estate transfer fee as specified under s. 77.25, (1), and (2r) to (21), Stats.
SPS 367.03 Note Note: Section 77.25, (1), and (2r) to (21) Stats., reads: “Exemption from fee. The fees imposed by this subchapter do not apply to a conveyance:
SPS 367.03 Note (1) Prior to October 1, 1969.
SPS 367.03 Note(2r) Under s. 236.29 (1) or (2) or 236.34 (1m) (e) or for the purpose of a road, street, or highway, to the United States or to this state or to any instrumentality, agency, or subdivision of either.
SPS 367.03 Note (3) Which, executed for nominal, inadequate or no consideration, confirms, corrects or reforms a conveyance previously recorded.
SPS 367.03 Note (4) On sale for delinquent taxes or assessments.
SPS 367.03 Note (5) On partition.
SPS 367.03 Note (6) Pursuant to mergers of entities.
SPS 367.03 Note (6d) Pursuant to partnerships filing or cancelling a statement of qualification under s. 178.0901 or a corresponding statement under the law of another jurisdiction.
SPS 367.03 Note (6m) Pursuant to the conversion of a business entity to another form of business entity under s. 178.1141, 179.76, 180.1161, 181.1161, or 183.1207, if, after the conversion, the ownership interests in the new entity are identical with the ownership interests in the original entity immediately preceding the conversion.
SPS 367.03 Note(6q) Pursuant to an interest exchange under s. 178.1131.
SPS 367.03 Note(6t) Pursuant to a domestication under s. 178.1151.
SPS 367.03 Note (7) By a subsidiary corporation to its parent for no consideration, nominal consideration or in sole consideration of cancellation, surrender or transfer of capital stock between parent and subsidiary corporation.
SPS 367.03 Note (8) Between parent and child, stepparent and stepchild, parent and son-in-law or parent and daughter-in-law for nominal or no consideration.
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.