Except as provided in ss. 101.651 (1)
, Stats., cities, villages and towns shall exercise jurisdiction over the construction and inspection of new dwellings.
SPS 320.06 Note
Sections 101.651 (1)
, 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.
Municipalities intending to exercise jurisdiction shall, by ordinance, adopt this code in its entirety.
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
(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:
Contract with certified UDC inspector or inspectors or independent inspection agency;
Municipalities intending to exercise jurisdiction shall submit all ordinances adopting this code to the department at the same time as the notice of intent.
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.
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.
3. `Recision of ordinances or resolutions.'
Municipalities that rescind an ordinance or a resolution under subd. 1.
shall file a certified copy of the recision with the department within 30 days of adoption.
(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.
(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.
(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.
(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.
shall have all required inspections completed by the municipality or agency that issued the permit.
SPS 320.06 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
In accordance with s. 101.64 (1) (h)
, Stats., municipalities administering the code may be monitored by the department for compliance with the administrative requirements under this code.
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;
correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register September 2018 No. 753.
“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.
“Addition" means new construction performed on a dwelling which increases the outside dimensions of the dwelling.
“Allowable stress" means the specified maximum permissible stress of a material expressed in load per unit area.
“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.
“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.)
“Attached," defining the relationship between another building and a dwelling, means at least one of the following conditions is present:
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.
There is a continuous, structural floor system between the two structures.
There is a continuous foundation system between the two structures.
“Attic" means a space under the roof and above the ceiling of the topmost part of a dwelling.
A “balcony" is a landing or porch projecting from the wall of a building.
“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.
“Basement" means that portion of a dwelling below the first floor or groundfloor with its entire floor below grade.
“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.
“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.
“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.
“Business day" means any day other than Saturday, Sunday or a legal holiday.
“Carport" means a structure used for storing motorized vehicles that is attached to a dwelling and that has at least 2 sides completely unenclosed.
“Ceiling height" means the clear vertical distance from the finished floor to the finished ceiling.
“Certified inspector" means a person certified by the department to engage in the administration and enforcement of this code.
“Ch. SPS 325 Appendix" means chs. SPS 320 to 325 Appendix.
A “chimney" is one or more vertical, or nearly so, passageways or flues for the purpose of conveying flue gases to the atmosphere.
“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.
“Coarse aggregate" means granular material, such as gravel or crushed stone, that is predominately retained on a sieve with square openings of 4.75 mm or 0.18 inch.
“Coastal floodplain" means an area along the coast of Lake Michigan or Lake Superior below base flood elevation that is subject to wave runup or wave heights of 3 feet or more.
“Combustion air" means the total amount of air necessary for the complete combustion of a fuel.
“Common use area" means kitchens, hallways, basements, garages and all habitable rooms.
SPS 320.07 Note
These areas must meet the circulation requirements under s. SPS 321.035
“Compliance assurance program" means the detailed system documentation and methods of assuring that manufactured dwellings and dwelling components are manufactured, stored, transported, assembled, handled and installed in accordance with this code.
“Composting toilet system" means a method that collects, stores and converts by bacterial digestion nonliquid-carried human wastes or organic kitchen wastes, or both, into humus.
“Control practice" means a method or device implemented to prevent or reduce erosion or the resulting deposition of soil or sediment.
“Cooling load" is the rate at which heat must be removed from the space to maintain a selected indoor air temperature during periods of design outdoor weather conditions.
“Dead load" means the vertical load due to all permanent structural and nonstructural components of the building such as joists, rafters, sheathing, finishes and construction assemblies such as walls, partitions, floors, ceilings and roofs, and systems.
“Deck" means an unenclosed exterior structure, attached or adjacent to the exterior wall of a building, which has a floor, but no roof.
“Department" means the department of safety and professional services.
“Detached building" means any building which is not physically connected to the dwelling.
“Dilution air" means air that is provided for the purpose of mixing with flue gases in a draft hood or draft regulator.
“Direct-vent appliance" means a gas-burning appliance that is constructed and installed so that all air for combustion is derived directly from the outside atmosphere and all flue gases are discharged to the outside atmosphere.
“Dwelling" means any building, the initial construction of which is commenced on or after the effective date of this code, which contains one or 2 dwelling units.
“Dwelling contractor" means any person, firm or corporation engaged in the business of performing erosion control or construction work such as framing, roofing, siding, insulating, masonry or window replacement work covered under this code and who takes out a building permit. “Dwelling contractor" does not include the owner of an existing dwelling, an owner who will reside in a new dwelling or a person, firm or corporation engaging exclusively in electrical, plumbing, or heating, ventilating and air conditioning work.
“Dwelling unit" means a structure, or that part of a structure, which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
“Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
“Exit" means a direct, continuous, unobstructed means of egress from inside the dwelling to the exterior of the dwelling.
“Farm operation" is the planting and cultivating of the soil and growing of farm products substantially all of which have been planted or produced on the farm premises.
SPS 320.07 Note
According to s. 102.04 (3)
, Stats., the farm operation includes the management, conserving, improving and maintaining of the premises, tools, equipment improvements and the exchange of labor or services with other farmers; the processing, drying, packing, packaging, freezing, grading, storing, delivery to storage, carrying to market or to a carrier for transportation to market and distributing directly to the consumer; the clearing of such premises and the salvaging of timber and the management and use of wood lots thereon but does not include logging, lumbering and wood-cutting operations unless the operations are conducted as an accessory to other farm operations.
“Farm premises" is defined to be the area which is planted and cultivated. The farm premises does not include greenhouses, structures or other areas unless used principally for the production of food or farm products.
“Farm products" are defined as agricultural, horticultural and arboricultural crops. Animals considered within the definition of agricultural include livestock, bees, poultry, fur-bearing animals, and wildlife or aquatic life.
“Farming" means the operation of a farm premises owned or rented by the operator.
“Fireblocking" means a material or device used to retard or prevent the spread of flame or hot gases through concealed spaces into adjacent rooms or areas.
“Firebox" means that part of the fireplace used as the combustion chamber.
“First floor" means the first floor level above any groundfloor or basement or, in the absence of a groundfloor or basement, means the lowest floor level in the dwelling.