CR 16-094 Rule Text

Section 101.132 (2) (c) 1., Stats.- “The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.”

Section 101.14 (4) (a), Stats. - “The department shall make rules, pursuant to ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employees and frequenters of places of employment and public buildings.”

Sections 101.973 (1), Stats. - “The department shall… promulgate rules that establish standards for the construction of multifamily dwellings and their components.”

Related statute or rule:

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Chapters SPS 320 to 325, Uniform Dwelling Code

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Chapter PSC 114, Wisconsin State Electrical Code (Volume I)

Plain language analysis:

Chapters SPS 361 to 366, also commonly referred to collectively as the “Wisconsin Commercial Building Code”, contain standards for the design, construction, use, maintenance, alteration, and inspection of public buildings, as defined in s. 101.01 (11), Stats., and places of employment, as defined in 101.01(12).

This rule revision modernizes standards for Wisconsin’s commercial buildings. This revision updates outdated references to model building codes and other standards incorporated by reference throughout chs. SPS 361 to 366. This update is necessary to keep Wisconsin’s commercial building code consistent with regional and national construction and fire prevention practices and standards and with legislation enacted since the previous update of the commercial building code. This rule revision also meets requirements under ss. 101.027 (2) and (3), Stats., that the department review energy conservation standards.

Adoption of 2015 Model Building Codes

Chapters SPS 361 to 366 currently incorporate the 2009 edition of relevant model building codes produced by the International Code Council (ICC)®. This rule revision updates the model building codes to the 2015 edition, bringing Wisconsin into alignment with current building practices and technologies. Chapters SPS 361 to 366 contain further provisions that modify each model code to adapt the code to Wisconsin’s unique public safety and building needs. This rule revision incorporates the 2015 edition of the following model building codes:

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The International Building Code®, with modifications in ch. SPS 362.

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The International Energy Conservation Code®, with modifications in ch. SPS 363.

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The International Mechanical Code®, with modifications in ch. SPS 364.

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The International Fuel Gas Code®, with modifications in ch. SPS 365.

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The International Existing Building Code®, with modifications in ch. SPS 366.

To develop this rule revision, the Wisconsin Commercial Building Code Council reviewed significant changes in each of the model building codes from the currently adopted 2009 edition to the 2015 edition, including the 2012 edition that Wisconsin did not adopt in the interim. The Council recommended changes to chapters SPS 361 to 366 based on their review.

The department also reviewed significant changes to the model building codes to identify requirements that could impose an undue financial burden that do not appear to be offset by improved life-safety or cost savings. Consequently, the department accepts approximately 95% of the revisions included in the 2015 editions of the model building codes, along with the recommendations made by the Commercial Building Code Council. The department proposes to retain the 2009 model code requirements for approximately 30 out of the 650 significant changes that were reviewed. Although the excluded 2015 model code provisions are not required under Wisconsin’s revised 2015 commercial building code, individual owners and designers may voluntarily use more stringent requirements found in the 2015 model codes.

Chapter SPS 361

Chapter SPS 361 establishes standards for the administration of the Wisconsin Commercial Building Code, including provisions establishing the scope and application of chs. SPS 361 to 366, administrative procedures related to plan submittal and approval, procedures for submitting petitions for variance, supervision and inspection of construction projects, product and standard review and approval, and standards that allow local jurisdictions to examine building plans and inspect buildings. In general, ch. SPS 361 replaces the administrative provisions found in chapter one of the model building codes. This rule revision makes the following significant changes, among others, to SPS 361:

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Updates SPS 361.03 (5) (a) to incorporate requirements from 2013 Wisconsin Act 270, which states that no city, village, or town may enact or enforce an additional or more restrictive ordinance for a public building or building that is a place of employment.

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Updates SPS 361.03 (6) to incorporate requirements from 2015 Wisconsin Act 333 prohibiting the department or a local jurisdiction from promulgating or enforcing a rule related to fire safety that would prohibit placing a Christmas tree in a church.

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SPS 361.03 (14) updates adoption of individual sections of the International Fire Code®, published by the International Code Council, that are referenced throughout chs. SPS 361 to 366.

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SPS 361.04 updates and creates new definitions for compliance assurance programs and home-based businesses.

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SPS 361.05 updates the model building codes used in chs. SPS 361 to 366 from the 2009 edition to the 2015 editions.

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SPS 361.30 (1) (b) exempts certain single-story buildings located at state fair park and fire service drill towers used exclusively for hands-on training from plan submittal and review. These buildings will still be required to meet requirements found in chs. SPS 361 to 366.

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SPS 361.30 clarifies industry practice for calculating total building volume.

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SPS 361.30 (g) clarifies that plan approval for bleachers and canopies will expire 2 years after the approval date.

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Subchapter V is created to establish procedures for approving and inspecting modular multifamily dwellings and their components. Standards for modular dwellings are established as part of Wisconsin’s uniform dwelling code. However, this revision recognizes that standards for multifamily dwellings are established under chs. SPS 361 to 366 and incorporates requirements into the commercial building code.

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SPS 361.51 (8) has been modified to allow building owners or supervising professionals to use a more recent version of a model building code adopted under SPS 361.05 if the model building code is used in its entirety and the code is identified in plan documents. Currently, a building owner or supervising professional must either submit a petition for variance or a request to use an alternate standard under SPS 361.51 to use a more current version of a building code. This provision allows the use of such code without requiring payment of a separate fee or application.

Chapter SPS 362

This rule adopts the 2015 edition of the International Building Code (IBC). Chapter SPS 362 establishes standards related to buildings and structures and modifies provisions from the IBC. This rule revision makes the following significant changes to SPS 362:

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SPS 362.0202 reorganizes and renumbers some existing definitions and creates new definitions for “neutral plane for a deep foundation”, “self-storage building”, “automatic sprinkler system”, “commercial motor vehicle”, “fire area”, “fire separation distance,” “fuel-burning appliance”, “immediately dangerous to life and health (IDLH)”, “Live/work unit”, and “sealed combustion appliance.”

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SPS 362.0717 (1) creates a new provision in addition to the requirements in IBC section 717.3.3.2 describes how dampers operate in emergency situations.

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SPS 362.0903 (5) modifies the automatic sprinkler requirements for multifamily dwellings containing over 20 dwelling units to incorporate requirements under s. 101.14 (4m) (b) 2., Stats.

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SPS 362.0903 (13) clarifies that the automatic fire sprinkler requirements apply to recycling chutes in addition to rubbish and linen chutes.

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SPS 362.0903 (14) clarifies that the department will accept FM Global Loss Prevention Data Sheets 2-0 Installation Guidelines for Automatic Sprinklers and 8-9 Storage of Class 1,2,3,4 and Plastic Commodities as alternate design standards for sprinklers.

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SPS 362.0903 (15) incorporates requirements from 2015 Wisconsin Act 240, which prohibits the department or local jurisdictions from establishing or enforcing ordinance that requires automatic fire suppression systems on a building on fairgrounds if the building is used for 180 cumulative days or fewer per year and public access is provided by garage style doors that remain open to the public when the building is open.

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SPS 362.0903 (18) creates a new exemption from fire sprinkler requirements in certain buildings, including rural restaurants, taverns, and bars, farm buildings temporarily repurposed for use for weddings or similar events, places of religious worship, and cabins, camp or lodge buildings that do not have access to a municipal water supply to operate a fire sprinkler system. Currently, these buildings are already exempt from fire sprinkler requirements under the IBC if they meet certain size and occupant load limits. If a building exceeds those requirements, owners must request a petition for variance to exclude a fire sprinkler system in these buildings.

This provision creates a new administrative option that will allow for buildings not exempt from fire sprinkler requirements under current IBC requirements to build without seeking a petition for variance if the building meets the requirements under this provision and is approved by the local commercial building inspector and fire code official.

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SPS 362.1006 (4) creates an exemption for the number of exits and common path of travel for buildings used for salt and sand storage, to provide more flexibility for buildings used to store salt and sand used on roads.

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SPS 362.1015 clarifies where guards located along elevated open-sided walking surfaces are required.

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SPS 362.1201 modifies the requirements found in IBC section 1405.3.1 to require that Class I or II vapor retarders be provided on the interior side of frame walls and ceiling assemblies.

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SPS 362.1405 extends vapor retarder requirements to ceiling assemblies, providing requirements that are consistent with the UDC.

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SPS 362.1809 exempts floating slabs used with non-masonry, unheated, single-story buildings that are less than 12,000 square feet from requirements for frost protection.

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The rule makes several modifications to the 2015 IBC to maintain current 2009 provisions due to cost concerns. Although the 2015 provisions are not mandatory, they may be voluntarily implemented in a building project. These modifications include exclusion of the following:

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2015 IBC requirements related to storm shelters (SPS 362.0402).

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S-1 occupancies used for storage of upholstered furniture or mattresses (SPS 362.0903 (12)).

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Assembly occupancies on roofs and limited area sprinkler systems (SPS 362.0903 (16) and (17)),