Alert! This chapter may be affected by an emergency rule:
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.
SPS 320.04(5)(b) (b) New dwelling or manufactured home. A new dwelling or manufactured home placed on a new or existing foundation shall meet the permitting, construction and inspection requirements of a new dwelling or manufactured home.
SPS 320.04(6) (6)Separated buildings. For a building to be considered a separate single-family dwelling or a separate 2-family dwelling within the scope of this code, regardless of ownership or occupancy arrangements, all of the following conditions shall be met:
SPS 320.04(6)(a) (a) No structural members other than a common footing may be shared between any 2 dwellings.
SPS 320.04 Note Note: Two separated, insulated foundation walls may share the same structural footing.
SPS 320.04(6)(b) (b) The adjoining exterior walls of the separate dwellings shall each have exterior coverings meeting the requirements of s. SPS 321.24.
SPS 320.04(6)(c) (c) The adjoining exterior walls, including foundations, of the separate dwellings shall each meet the energy requirements under ch. SPS 322, irrespective of any adjacent dwelling.
SPS 320.04(6)(d) (d) Both sides of any 2 adjoining walls, floors, ceilings and attics between dwellings shall meet the dwelling separation requirements of s. SPS 321.08 (1) for 2 dwellings on the same property less than 5 feet apart.
SPS 320.04 Note Note: 1. Flashing is acceptable to connect the roofs between dwelling units. See ch. SPS 325 Appendix A for further information.
SPS 320.04 Note 2. A building of 3 or more dwelling units without the separations specified in this section is a commercial building and shall meet the requirements set forth in chs. SPS 361 to 366.
SPS 320.04 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; cr. (3), Register, January, 1989, No. 397, eff. 2-1-89; am. (1), r. and recr. (3), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr. (1), renum. (2) and (3) to be (3) and (4), cr. (2) and (5), Register, November, 1995, No. 479, eff. 12-1-95; r. (3) and (4), renum. (1) to be (1) (a) and (5) to be (4), and cr. (1) (b), (c), and (3), Register, March, 2001, No. 543, eff. 4-1-01; CR 06-071: renum. (2) to be (2) (a), cr. (2) (b) and (5) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. and recr. (2) and (5), cr. (6) Register March 2009 No. 639, eff. 4-1-09; correction in (1) (b), (c) 3., (6) (b), (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.05 SPS 320.05Exemptions.
SPS 320.05(1) (1)Existing dwellings. The provisions of this code shall not apply to dwellings and dwelling units, the construction of which was commenced prior to the effective date of this code, or to additions or alterations to such dwellings.
SPS 320.05 Note Note: The provisions of chs. SPS 320 to 325 may be adopted by a municipality to apply to any additions or alterations to existing dwellings.
SPS 320.05(2) (2)Multifamily dwellings. The provisions of this code shall not apply to residences occupied by 3 or more families living independently or occupied by 2 such families and used also for business purposes.
SPS 320.05(3) (3)Repairs. The provisions of this code do not apply to repairs or maintenance to dwellings or dwelling units, or to the repair of electrical, plumbing, heating, ventilating, air conditioning and other systems installed therein.
SPS 320.05(4) (4)Accessory buildings. With the exception of s. SPS 321.08 (1), the provisions of this code do not apply to detached garages or to any accessory buildings detached from the dwelling.
SPS 320.05(5) (5)Detached decks. The provisions of this code do not apply to detached decks provided the deck does not serve an exit from the dwelling.
SPS 320.05(6) (6)Farm buildings. The provisions of this code do not apply to the buildings used exclusively for farm operations and not for human habitation.
SPS 320.05(7) (7)Indian reservations. The provisions of this code do not apply to dwellings located on Indian reservation land held in trust by the United States.
SPS 320.05(8) (8)Manufactured and modular homes. The provisions of this code do not apply to manufactured homes and modular homes used exclusively for display purposes.
SPS 320.05(9) (9)Motor homes and recreational vehicles. The provisions of this code do not apply to motor homes and recreational vehicles that are, or have been, titled through the department of transportation.
SPS 320.05 Note Note: Section 340.01 (33m) and (48r), Stats., read as follows:
SPS 320.05 Note (33m) “Motor home" means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.
SPS 320.05 Note (48r) “Recreational vehicle" means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid construction, and that does not exceed 45 feet in length.
SPS 320.05 Note Note: In accordance with Wis. Stat. s. 342.05 (1), the owner of a (recreational) vehicle, whether or not such vehicle is operated on any highway of this state, shall make application for certificate of title for the vehicle with the department of transportation. Examples of recreational vehicles are: travel trailer, 5th wheel and “park model". Recreational vehicles are normally constructed to the standards: ANSI/NFPA 1192, Standard for RVs, and NFPA 70, National Electrical Code. Recreational vehicles require a towbar (hitch), chassis, axles and wheels for transportation. At the installation site, the chassis and axles shall remain on the unit, with the towbar (hitch) and wheels left at the site. Otherwise the unit, including a park model, is subject to the UDC.
SPS 320.05 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (5), r. (9), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (8), Register, March, 1992, No. 435, eff. 4-1-92; am. (3), Register, November, 1995, No. 479, eff. 12-1-95; r. (8), renum. (6) and (7) to be (7) and (8) and cr. (6) and (9), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (5) Register May 2003 No. 569, eff. 8-1-03; CR 06-071: r. and recr. (9) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. (4), renum. (5) to (9) to be (4) to (8) and am. (6), cr. (9) Register March 2009 No. 639, eff. 4-1-09; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. II of ch. SPS 320 Subchapter II — Jurisdiction
SPS 320.06 SPS 320.06Procedure for municipalities.
SPS 320.06(1)(1)Municipal jurisdiction.
SPS 320.06(1)(a)(a) General.
SPS 320.06(1)(a)1.1. Except as provided in ss. 101.651 (1) and (2m), Stats., cities, villages and towns shall exercise jurisdiction over the construction and inspection of new dwellings.
SPS 320.06 Note Note: Sections 101.651 (1) and (2m), Stats., read as follows.
SPS 320.06 Note 101.651 Special requirements for smaller municipalities. (1) Definition. In this section, “municipality" means a city, village or town with a population of 2,500 or less.
SPS 320.06 Note (2m) Enforcement options. A municipality shall exercise jurisdiction over the construction and inspection of new one– and 2–family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met:
SPS 320.06 Note (a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).
SPS 320.06 Note (c) Under sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter.
SPS 320.06(1)(a)2. 2. Municipalities intending to exercise jurisdiction shall, by ordinance, adopt this code in its entirety.
SPS 320.06(1)(a)3. 3. No additional requirements within the scope of this code may be adopted by a municipality unless approved by the department in accordance with s. SPS 320.20.
SPS 320.06(1)(b) (b) Intent to exercise jurisdiction. Municipalities intending to exercise jurisdiction shall notify the department, in writing, at least 30 days prior to the date upon which the municipality intends to exercise jurisdiction under this code. The notification of intent shall include a statement by the municipality as to which of the following methods will be used for enforcement:
SPS 320.06(1)(b)1. 1. Individual municipal enforcement;
SPS 320.06(1)(b)2. 2. Joint municipal enforcement;
SPS 320.06(1)(b)3. 3. Contract with certified UDC inspector or inspectors or independent inspection agency;
SPS 320.06(1)(b)4. 4. Contract with another municipality;
SPS 320.06(1)(c) (c) Submission of ordinances and resolutions.
SPS 320.06(1)(c)1.1. `Ordinances.'
SPS 320.06(1)(c)1.a.a. Municipalities intending to exercise jurisdiction shall submit all ordinances adopting this code to the department at the same time as the notice of intent.
SPS 320.06(1)(c)1.b. b. The department shall review and make a determination regarding municipal intent to exercise jurisdiction over new dwellings within 15 business days of receipt of municipal ordinances adopting this code.
SPS 320.06(1)(c)1.c. c. A municipality may appeal a determination by the department in accordance with the procedure under s. SPS 320.21 (2).
SPS 320.06(1)(c)2. 2. `Resolutions.' Municipalities adopting a resolution under s. 101.651 (2m) (a), Stats., for enforcement by the county, shall file a certified copy of the resolution with the department within 30 days of adoption.
SPS 320.06(1)(c)3. 3. `Recision of ordinances or resolutions.' Municipalities that rescind an ordinance or a resolution under subd. 1. or 2. shall file a certified copy of the recision with the department within 30 days of adoption.
SPS 320.06(1)(d) (d) Passage of ordinances. A certified copy of all adopted ordinances and subsequent amendments thereto shall be filed with the department within 30 days after adoption.
SPS 320.06 Note Note: A copy of a model ordinance for adoption is available from the department.
SPS 320.06(2) (2)County jurisdiction. A county ordinance shall apply in any city, village or town which has not enacted ordinances pursuant to this section. No county ordinance may apply until after 30 business days after the effective date of this code unless a municipality within the county informs the department of its intent to have this code administered and enforced by the county. This section shall not be construed to prevent or prohibit any municipality from enacting and administering this code at any time after the effective date of this code. The department shall review and make a determination regarding county jurisdiction over new buildings within 15 business days of receipt of the county ordinances adopting the uniform dwelling code.
SPS 320.06(3) (3)Departmental jurisdiction. In municipalities not adopting a resolution under s. 101.651 (2m), Stats., and not adopting an ordinance to enforce the code under s. SPS 320.06, the department will oversee enforcement and inspection services for new dwellings, including manufactured buildings used as dwellings.
SPS 320.06(4) (4)Continuing jurisdiction for permit issuers. Any dwelling, for which a permit is issued by a municipality or registered UDC inspection agency prior to a municipal action under sub. (1) (c) 2. or 3. shall have all required inspections completed by the municipality or agency that issued the permit.
SPS 320.06 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (b) and (2), Register, February, 1985, No. 350, eff. 3-1-85; am. (1) (a) 3., Register, October, 1996, No. 490, eff. 11-1-96; CR 00-159: r. (1) (intro.), renum. (1) (a) to (c) to be (1) (b) to (d), cr. (1) (a), r. and recr. (1) (c) and (3), Register September 2001 No. 549 eff. 12-1-01; correction in (1) (c) 2. made under s. 13.93 (2m) (b) 7., Stats.; CR 03-097: r. (1) (b) 5., am. (1) (c) 2., cr. (4) Register November 2004 No. 587, eff. 1-1-05; correction in (1) (a) 3., (c) 1. c., (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.065 SPS 320.065State jurisdiction.
SPS 320.065(1) (1) In accordance with s. 101.64 (8), Stats., municipalities administering the code may be monitored by the department for compliance with the administrative requirements under this code.
SPS 320.065(2) (2) In accordance with s. 101.653 (5), Stats., municipalities administering the code may be audited by the department for compliance with the erosion control requirements under this code.
SPS 320.065 History History: CR 08-043: cr. Register March 2009 No. 639, eff. 4-1-09.
subch. III of ch. SPS 320 Subchapter III — Definitions
SPS 320.07 SPS 320.07Definitions. In chs. SPS 320 to 325:
SPS 320.07(1) (1) “Accessory building" means a detached building, not used as a dwelling unit but is incidental to that of the main building and which is located on the same lot. Accessory building does not mean farm building.
SPS 320.07(2) (2) “Addition" means new construction performed on a dwelling which increases the outside dimensions of the dwelling.
SPS 320.07(3) (3) “Allowable stress" means the specified maximum permissible stress of a material expressed in load per unit area.
SPS 320.07(4) (4) “Alteration" means an enhancement, upgrading or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a dwelling.
SPS 320.07(5) (5) “Approved" means an approval by the department or its authorized representative. (Approval is not to be construed as an assumption of any legal responsibility for the design or construction of the dwelling or building component.)
SPS 320.07(5m) (5m) “Attached," defining the relationship between another building and a dwelling, means at least one of the following conditions is present:
SPS 320.07(5m)(a) (a) There is a continuous, weatherproof roof between the two structures.
SPS 320.07 Note Note: The sides are not required to be enclosed with walls.
SPS 320.07(5m)(b) (b) There is a continuous, structural floor system between the two structures.
SPS 320.07(5m)(c) (c) There is a continuous foundation system between the two structures.
SPS 320.07(6) (6) “Attic" means a space under the roof and above the ceiling of the topmost part of a dwelling.
SPS 320.07(7) (7) A “balcony" is a landing or porch projecting from the wall of a building.
SPS 320.07(7m) (7m) “Base flood elevation" means the depth or peak elevation of flooding, including wave height, which has a one percent or greater chance of occurring in any given year.
SPS 320.07(8) (8) “Basement" means that portion of a dwelling below the first floor or groundfloor with its entire floor below grade.
SPS 320.07(8m) (8m) “Best management practices" is defined in s. 101.653, Stats., and means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites.
SPS 320.07(9) (9) “Building component" means any subsystem, subassembly or other system designed for use in or as part of a structure, which may include structural, electrical, mechanical, plumbing and fire protection systems and other systems affecting health and safety.
SPS 320.07(10) (10) “Building system" means plans, specifications and documentation for a system of manufactured building or for a type or a system of building components, which may include structural, electrical, mechanical, plumbing and variations which are submitted as part of the building system.
SPS 320.07(10m) (10m) “Business day" means any day other than Saturday, Sunday or a legal holiday.
SPS 320.07(10t) (10t) “Carport" means a structure used for storing motorized vehicles that is attached to a dwelling and that has at least 2 sides completely unenclosed.
SPS 320.07(11) (11) “Ceiling height" means the clear vertical distance from the finished floor to the finished ceiling.
SPS 320.07(12) (12) “Certified inspector" means a person certified by the department to engage in the administration and enforcement of this code.
SPS 320.07(12m) (12m) “Ch. SPS 325 Appendix" means chs. SPS 320 to 325 Appendix.
SPS 320.07(13) (13) A “chimney" is one or more vertical, or nearly so, passageways or flues for the purpose of conveying flue gases to the atmosphere.
SPS 320.07(14) (14) “Chimney connector". Same as smoke pipe.
SPS 320.07(15) (15) “Closed construction" means any building, building component, assembly or system manufactured in such a manner that it cannot be inspected before installation at the building site without disassembly, damage or destruction.
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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.