Wisconsin Legislature: Ch. SPS 318 TOC

Ch. SPS 318 Note Note: Chapter Ind 4 as it existed on August 31, 1988 was repealed and a new chapter ILHR 18 was created effective September 1, 1988. Chapter ILHR 18 was renumbered to be chapter Comm 18 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. Corrections were made under s. 13.93 (2m) (b) 6., Stats., Register, April, 1998, No. 508. Chapter Comm 18 as it existed on November 30, 1999 was repealed and a new chapter Comm 18 was created effective December 1, 1999. Chapter Comm 18 as it existed on March 31, 2004, was repealed and a new chapter Comm 18 was created, Register March 2004 No. 579, effective April 1, 2004. Subchapters II to IV of chapter Comm 18 as they exist on December 31, 2008, are repealed and new subchapters II to IV are created Register June 2008 No. 630, effective January 1, 2009. Chapter Comm 18 was renumbered chapter SPS 318 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672; Chapter SPS 318 as it existed on August 31, 2014 was repealed and a new chapter SPS 318 was created Register August 2014 No. 704, effective September 1, 2014.

subch. I of ch. SPS 318 Subchapter I — Scope and Application

SPS 318.1001 SPS 318.1001 Purpose. Pursuant to ss. 101.982 and 101.983, Stats., the purpose of this chapter is to establish minimum safety standards for the design, construction, installation, operation, inspection, testing, maintenance, alteration, repair, and replacement of conveyances.

SPS 318.1001 History History: CR 03-047: cr. Register March 2004 No. 579, eff. 4-1-04; CR 08-030: am. Register December 2008 No. 636, eff. 1-1-09; CR 14-020: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

SPS 318.1002 SPS 318.1002 Scope. This chapter applies to conveyances as defined in s. SPS 318.1004 (10).

SPS 318.1002 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.

SPS 318.1003 SPS 318.1003 Application.

SPS 318.1003(1)(1) Retroactivity.

SPS 318.1003(1)(a)(a) The design, construction, and installation rules of this chapter, including the acceptance-inspection requirements and the applied criteria from the standards adopted in s. SPS 318.1005, do not apply retroactively to conveyances existing prior to the effective date of the rule unless specifically stated in the administrative rule or standard.

SPS 318.1003(1)(b) (b)

SPS 318.1003(1)(b)1.1. The operation, testing, maintenance, and periodic inspection requirements of this chapter apply to all conveyances that exist on or after June 1, 2020, except as provided in subd. 2. and pars. (c) to (e).

SPS 318.1003(1)(b)2. 2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit.

SPS 318.1003 Note Note: Although the provisions of subdivision 1. do not apply as stated above, these conveyances are subject to the requirements in section 101.983 (3) of the Statutes, which reads as follows: “If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985 (3)."

SPS 318.1003(1)(c) (c)

SPS 318.1003(1)(c)1.1. The design, construction, and installation requirements of this chapter, including the acceptance-inspection requirements apply to any alterations, repairs, and replacement parts or components for any conveyance that have a contract date of on or after June 1, 2020, except as provided in subd. 2., par. (e), and sub. (1m).

SPS 318.1003 Note Note: See section SPS 318.1007 (3) for further information about plan review for alterations and replacements.

SPS 318.1003(1)(c)2. 2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit.

SPS 318.1003 Note Note: A proposed alteration for an existing conveyance may necessitate modifying other components of the conveyance to make the proposed alteration comply with this chapter — and some alterations may necessitate modifying other features of a building that must comply with requirements in chapters SPS 320 to 325, the Wisconsin Uniform Dwelling (One- and Two-Family Dwelling) Code, and chapters SPS 361 to 366, the Wisconsin Commercial Building Code.

SPS 318.1003(1)(e) (e) Periodic inspections are not required under this chapter for any conveyances that receive periodic inspections by United States government inspectors.

SPS 318.1003(1m) (1m) Exclusions. This chapter does not apply to any conveyances for any of the following buildings or structures:

SPS 318.1003(1m)(a) (a)

SPS 318.1003(1m)(a)1.1. Buildings or structures located on Indian reservation land that are held either in trust by the United States, or in fee by the tribe or a tribal member.

SPS 318.1003(1m)(a)2. 2. Buildings or structures which are located on off-reservation Indian land that is held in trust by the United States – and which are held either in trust by the United States, or in fee by the tribe or a tribal member.

SPS 318.1003(1m)(b) (b) Buildings and portions of buildings that are federally owned or exempted by federal statutes, regulations, or treaties.

SPS 318.1003(1m)(c) (c) Portions of buildings leased to the federal government provided all of the following conditions are met:

SPS 318.1003(1m)(c)1. 1. A statement is recorded with the register of deeds that describes the steps necessary for compliance to this chapter if the space is converted to a nonexempt use.

SPS 318.1003(1m)(c)2. 2. The statement recorded with the register of deeds is recorded in a manner that will permit the existence of the statement to be determined by reference to the property where the building is located.

SPS 318.1003(1m)(c)3. 3. The owner of the building submits a copy of the recorded document to the department or its authorized representative.

SPS 318.1003(1m)(d) (d) Buildings and structures that are on a farm premises and used primarily for purposes relating to farming or livestock, provided any use of the building or structure by the public consists only of consumers directly using the livestock or receiving farm commodities, substantially all of which have been produced on the farm premises. In this paragraph, “substantially all” means at least 90 percent of the commodities have been planted or produced on the farm premises.

SPS 318.1003(2) (2) Differing rules.

SPS 318.1003(2)(a)(a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.

SPS 318.1003(2)(b) (b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).

SPS 318.1003(2)(c) (c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).