Alert! This chapter may be affected by an emergency rule:
Subchapter II — Jurisdiction
SPS 320.06   Procedure for municipalities.
SPS 320.065   State jurisdiction.
Subchapter III — Definitions
SPS 320.07   Definitions.
Subchapter IV — Approval and Inspection of One- and 2-Family Dwellings
SPS 320.08   Wisconsin uniform building permit.
SPS 320.09   Procedure for obtaining uniform building permit.
SPS 320.10   Inspections.
SPS 320.11   Suspension or revocation of Wisconsin uniform building permit.
Subchapter V — Approval and Inspection of Modular Homes and Their Components
SPS 320.12   Scope.
SPS 320.13   Manufacture, sale and installation of homes.
SPS 320.14   Approval procedures.
SPS 320.15   Effect of approval.
SPS 320.16   Suspension and revocation of approval.
SPS 320.17   Effect of suspension and revocation.
Subchapter VI — Approval of Products
SPS 320.18   Building product approvals.
Subchapter VII — Variances, Appeals, Violations and Penalties
SPS 320.19   Petition for variance.
SPS 320.20   Municipal variance from the code.
SPS 320.21   Appeals of orders, determinations, and for extension of time.
SPS 320.22   Penalties and violations.
Subchapter IX — Adoption of Standards
SPS 320.24   Adoption of standards.
Ch. SPS 320 Note Note: Chapter ILHR 20 was renumbered chapter Comm 20 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1999, No. 517. Chapter Comm 20 was renumbered chapter SPS 320 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 320 Subchapter I — Purpose and Scope
SPS 320.01 SPS 320.01Purpose.
SPS 320.01(1) (1) The purpose of this code is to establish uniform statewide construction standards and inspection procedures for one- and 2-family dwellings and modular homes in accordance with the requirements of ss. 101.60 and 101.70, Stats.
SPS 320.01(2) (2) The purpose of this code is to establish uniform installation and inspection procedures for manufactured homes in accordance with the requirements of s. 101.96, Stats.
SPS 320.01 Note Note: The design and construction of manufactured homes is regulated by the federal Department of Housing and Urban Development under Title 24 CFR Part 3280.
SPS 320.01 Note Note: See ch. SPS 305 for licensing requirements for manufactured home manufacturers and manufactured home installers.
SPS 320.01 Note Note: Other agencies may have regulations that affect the design, construction or placement of the dwelling and accessory structures or systems serving the dwelling. The regulations may necessitate additional administrative procedures or inspections for compliance.
SPS 320.01 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. Register, March, 1992, No. 435, eff. 4-1-92; CR 06-071: renum. s. Comm 320.01 to be (1) , cr. (2) Register December 2006 No. 612, eff. 4-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639.
SPS 320.02 SPS 320.02Scope.
SPS 320.02(1) (1)General. The provisions of this code apply to all of the following:
SPS 320.02(1)(a) (a) All one- and 2-family dwellings built on or after the effective dates under s. SPS 320.03.
SPS 320.02 Note Note: This includes site-built dwellings, manufactured buildings used as dwellings, modular homes and dwellings that may be designated as cabins, seasonal homes, temporary residences, etc., (except for manufactured or HUD homes, which are covered separately under this section).
SPS 320.02(1)(b) (b) Adult family homes providing care, treatment and services for 3 or 4 unrelated adults built on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(c) (c) Community-based residential facilities providing care, treatment and services for 5 to 8 unrelated adults built on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(ce) (ce) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03 that is used as a foster home or group home, or as a residential care center for children and youth that has a capacity for 8 or fewer children, all as defined in s. 48.02, Stats. Where such a home or center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.
SPS 320.02 Note Note: Note: The definitions in s. 48.02, Stats., limit foster homes to no more than 4 children unless the children are siblings, and limit group homes to no more than 8 children. Where permitted by the Department of Children and Families, a group home or a residential care center for children and youth that has a capacity for 8 or fewer children may be located in a one- or 2-family dwelling as a community living arrangement, as defined in s. 46.03 (22), Stats.
SPS 320.02(1)(cm) (cm) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a public or private day care center for 8 or fewer children is located. Where such a day care center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.
SPS 320.02 Note Note: Chapter DCF 250, as administered by the Department of Children and Families, defines a “family child care center" as being “a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider." Chapter DCF 250 applies various licensing and other requirements to these centers, including for fire protection and other aspects of the physical plant.
SPS 320.02(1)(cs)1.1. Any portion of or space within a one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03, in which a home occupation is located.
SPS 320.02(1)(cs)2. 2. In this paragraph, “ home occupation" means any business, profession, trade, or employment conducted in a person's dwelling unit, that may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:
SPS 320.02(1)(cs)2.a. a. Explosives, fireworks, or repair of motor vehicles.
SPS 320.02(1)(cs)2.b. b. More than 25% of the habitable floor area of the dwelling unit.
SPS 320.02 Note Note: See chs. SPS 361 to 366 for buildings that are beyond the scope of this code.
SPS 320.02(1)(d) (d) The onsite installation of a mobile home or manufactured home on piers, regardless of the date of production of the home.
SPS 320.02 Note Note: The design and construction of a manufactured home is regulated by the U.S. Department of Housing and Urban Development and is not subject to UDC requirements. Prior to regulation by HUD in 1976, manufactured homes were known as mobile homes and their design and construction were not uniformly regulated. See s. SPS 320.07 (52m) for the statutory definition.
SPS 320.02(1)(e) (e) The onsite installation of a manufactured home, regardless of the type of foundation, where the manufactured home has a production date on or after April 1, 2007.
SPS 320.02(1)(f) (f) The design and construction of a crawlspace, basement or foundation, other than piers, under a manufactured home where the manufactured home has a production date on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(g) (g) All garages, carports, porches, stoops, decks, balconies, stairways and similar structures that are attached to any building covered under this section that was constructed or had a production date on or after the effective dates under s. SPS 320.03.
SPS 320.02(1)(h) (h) Adjacent, unattached structures listed under par. (g) that serve an exit from a dwelling.
SPS 320.02(2) (2)Municipal ordinances.
SPS 320.02(2)(a)(a) A municipality may not adopt an ordinance on any subject falling within the scope of this code including establishing restrictions on the occupancy of dwellings for any reason other than noncompliance with the provisions of this code as set forth in s. SPS 320.10 (4). This code does not apply to occupancy requirements occurring after the first occupancy for residential purposes following the final inspection required under s. SPS 320.10 (3) (h).
SPS 320.02(2)(b) (b) This code shall not be construed to affect local requirements relating to land use, zoning, post-construction storm water management, fire districts, side, front and rear setback requirements, property line requirements or other similar requirements. This code shall not affect the right of municipalities to establish safety regulations for the protection of the public from hazards at the job site.
SPS 320.02(2)(c) (c) Any municipality may, by ordinance, require permits and fees for any construction, additions, alterations or repairs not within the scope of this code.
SPS 320.02(2)(d) (d) Any municipality may, by ordinance, adopt the provisions of chs. SPS 320 to 325 to apply to any additions or alterations to existing dwellings.
SPS 320.02(2)(e) (e) Nothing in this chapter shall prevent a municipality from any of the following:
SPS 320.02(2)(e)1. 1. Implementing erosion and sediment control requirements that are more stringent than the standards of this code when directed by an order of the United States Environmental Protection Agency or by an administrative rule of the department of natural resources under s. NR 151.004.
SPS 320.02(2)(e)2. 2. Regulating erosion and sediment control for sites that are not under the scope of this chapter.
SPS 320.02(2)(f) (f) This code shall not be construed to affect the authority of the Department of Natural Resources to enforce chapters 281 and 283, Stats., and administrative rules promulgated there under.
SPS 320.02(3) (3)Legal responsibility. The department or the municipality having jurisdiction shall not assume legal responsibility for the design or construction of dwellings.
SPS 320.02(4) (4)Retroactivity. The provisions of this code are not retroactive, except as specifically stated in a rule.
SPS 320.02(6) (6)Landscaping. Except for construction erosion control, the scope of this code does not extend to driveways, sidewalks, landscaping and other similar features not having an impact on the dwelling structure.
SPS 320.02 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (intro.), cr. (1) (d), r. and recr. (6), Register, February, 1985, No. 350, eff. 3-1-85; r. (6), Register, January, 1989, No. 397, eff. 2-1-89; am. (3), Register, April, 1990, No. 412, eff. 5-1-90; am. (5), Register, September, 1992, No. 441, eff. 12-1-92; am. (1) (a), Register, November, 1995, No. 479, eff. 12-1-95; CR 00-159: renum. (intro.) to be (1) (a) and (1) to (5) to be (2) to (6); cr. (1) (b), Register September 2001 No. 549 eff. 12-1-01; CR 03-097: r. and recr. (1) Register November 2004 No. 587, eff. 1-1-05; CR 05-113: am. (2) (b), cr. (2) (e) and (f) Register December 2006 No. 612, eff. 4-1-07; CR 06-071: renum. (1) to be (1) (a), cr. (1) (b) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. and recr. (1), am. (2) (e) 1. Register March 2009 No. 639, eff. 4-1-09; corrections in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; CR 10-089: am. (4) Register January 2011 No. 661, eff. 2-1-11; correction in (1) (a), (b), (c), (f), (g), (2) (a), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-041: cr. (1) (ce), (cm), (cs), renum. (5) to SPS 321.02 (4) and am. Register December 2015 No. 720, eff. 1-1-16.
SPS 320.03 SPS 320.03Effective date. The effective date of ch. SPS 322 is December 1, 1978. The effective date of chs. SPS 320, 321, 323, 324 and 325 is June 1, 1980.
SPS 320.03 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. Register, January, 1989, No. 397, eff. 2-1-89; correction made under s. 13.93 (2m) (b) 4., Stats., Register, January, 1989, No. 397; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.04 SPS 320.04Applications.
SPS 320.04(1) (1)New dwellings.
SPS 320.04(1)(a)(a) This code applies to all dwellings, dwelling units and foundations for dwelling units, for which the building permit application was made or construction commenced on or after the effective date of this code.
SPS 320.04(1)(b) (b) All dwellings covered under par. (a) shall meet the requirements of ch. SPS 321.
SPS 320.04(1)(c)1.1. The installation of heating, air conditioning, plumbing or electrical systems is not required.
SPS 320.04(1)(c)2. 2. If any of the systems under subd. 1. are installed, the systems and their installation shall comply with this code.
SPS 320.04(1)(c)3. 3. If a heating or air conditioning system is installed, the dwelling shall comply with ch. SPS 322.
SPS 320.04(2) (2)Additions and alterations. Additions and alterations to dwellings covered by this code shall comply with all provisions of this code at the time of permit application or the beginning of the project, if no permit is required.
SPS 320.04(3) (3)Bed and breakfast establishments. The following portions of a bed and breakfast establishment shall comply with the provisions of this code:
SPS 320.04(3)(a) (a) The third floor when used for other than storage.
SPS 320.04(3)(b) (b) A structural addition, for which no use other than as a bed and breakfast establishment is proposed.
SPS 320.04(4) (4)Change of use. A building previously used for another purpose, such as a barn or garage, shall comply with this code upon conversion to residential use.
SPS 320.04(5) (5)Reuse of a dwelling or foundation.
SPS 320.04(5)(a)(a) Existing dwelling or manufactured home placed on a different foundation. Where an existing dwelling or manufactured home is placed on a different foundation, the new foundation is considered an addition or alteration to the existing dwelling or manufactured home.
SPS 320.04 Note Note: The applicability of this code to an addition or alteration to an existing dwelling or manufactured home is determined by the original date of construction of the dwelling or manufactured home and is not altered by any movement of the structure.
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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.