SPS 321.09(1)(1) A listed and labeled multiple-station smoke alarm with battery backup shall be installed in all of the following locations:
SPS 321.09(1)(a) (a) An alarm shall be installed inside each sleeping room.
SPS 321.09(1)(b) (b) On floor levels that contain one or more sleeping areas, an alarm shall be installed outside of the sleeping rooms, within 21 feet of the centerline of the door opening to any sleeping room and in an exit path from any sleeping room.
SPS 321.09(1)(c) (c) On floor levels that do not contain a sleeping area, an alarm shall be installed in a common area on each floor level.
SPS 321.09 Note Note: Section 50.035 (2), Stats., requires the installation of a complete low voltage, interconnected or radio-transmitting smoke detection system in all community-based residential facilities including those having 8 or fewer beds.
SPS 321.09 Note Note: Section 101.645 (3), Stats., requires the owner of a dwelling to install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain any smoke detector in that unit, except that if any occupant who is not the owner, or any state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that the smoke detector is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
SPS 321.09 Note Note: Section 101.745 (4), Stats., requires that the manufacturer of a modular home shall install a functional smoke detector on each floor level except the attic or storage area of each dwelling unit.
SPS 321.09(2)(a)(a) Except for dwellings with no electrical service, smoke detectors required by this section shall be continuously powered by the house electrical service, and shall be interconnected so that activation of one detector will cause activation of all detectors.
SPS 321.09 Note Note: Wireless interconnectivity is permitted under this paragraph.
SPS 321.09(2)(b) (b) Dwellings with no electrical service shall be provided with battery-powered smoke detectors in the locations under sub. (1). Interconnection and battery-backup are not required in these dwellings.
SPS 321.09(3) (3) For family living units with one or more communicating split levels or open adjacent levels with less than 5 feet of separation between levels, one smoke detector on the upper level shall suffice for an adjacent lower level, including basements. Where there is an intervening door between one level and the adjacent lower level, smoke detectors shall be installed on each level.
SPS 321.09(4) (4) Smoke alarms and detectors shall be maintained in accordance with the manufacturer's specifications.
SPS 321.09(5) (5) For envelope dwellings, at least 3 smoke alarms shall be placed in the air passageways. The alarms shall be placed as far apart as possible.
SPS 321.09(6) (6) In basements where two required exits are separated by a continuous wall, a smoke detector shall be placed on each side of the wall within 21 feet of each exit.
SPS 321.09 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. Register, February, 1985, No. 350, eff. 3-1-85; r. and recr. Register, April, 1990, No. 412, eff. 5-1-90; renum. to be (1), cr. (2) and (3), Register, March, 1992, No. 435, eff. 4-1-92; renum. (2) and (3) to be (3) and (4), cr. (2), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. (1), r. (2), renum. (3) and (4) to be (2) and (3), and cr. (4) and (5), Register, March, 2001, No. 543, eff. 4-1-01; CR 08-043: am. (1) (b) and (3), renum. (2) to be (2) (a) and am., cr. (2) (b) and (6) Register March 2009 No. 639, eff. 4-1-09.
SPS 321.095 SPS 321.095 Automatic fire sprinklers.
SPS 321.095(1) (1) Except as provided in subs. (2) and (3), the design, installation, testing and maintenance of automatic fire sprinklers shall conform to NFPA 13D.
SPS 321.095(2)(a)(a) The requirements of NFPA 13D sections 6.3 (4), 8.1.3 and 8.6 are not included as part of this code.
SPS 321.095(2)(b) (b) Fire department connections are prohibited in multipurpose piping systems.
SPS 321.095(3)(a)(a) Limited area automatic fire sprinkler systems are allowed in dwellings.
SPS 321.095(3)(b)1.1. A limited area automatic fire sprinkler system shall add the following wording to the warning sign required in 6.3(5) of NFPA 13D: “The number and location of sprinklers in this system does not conform to NFPA 13D."
SPS 321.095(3)(b)2. 2. An automatic fire sprinkler system providing fire protection throughout the dwelling in accordance with NFPA 13D shall add the following wording to the warning sign required in 6.3(5) of NFPA 13D: “The number and location of sprinklers in this system conform with NFPA 13D."
SPS 321.095 Note Note: Multipurpose piping systems need to conform to provisions of the Plumbing Code, chs. SPS 381 to 387. These systems attach fire sprinkler heads to the dwelling's potable water piping system.
SPS 321.095 Note Note: Chapter 145 of the Statutes requires automatic fire sprinkler systems on dedicated water supply systems, to be installed by a licensed sprinkler fitter.
SPS 321.095 History History: CR 08-043: cr. Register March 2009 No. 639, eff. 4-1-09; CR 10-103: r. and recr. Register August 2011 No. 668, eff. 9-1-11.
SPS 321.097 SPS 321.097 Carbon monoxide alarms.
SPS 321.097(1) (1) Definitions. In this section:
SPS 321.097(1)(a) (a) “Fuel-burning appliance" has the meaning given in s. 101.647 (1) (b), Stats. Fuel-burning appliances include stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, fireplaces and heaters.
SPS 321.097 Note Note: Section 101.647 (1) (b), Stats., reads: “Fuel-burning appliance" means a device that is installed in a dwelling, that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product.
SPS 321.097(1)(b) (b) “Tourist rooming house" has the meaning given in s. ATCP 72.03 (20).
SPS 321.097 Note Note: Section ATCP 72.03 (20) reads: “Tourist rooming house" means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under ch. ATCP 73.
SPS 321.097(2) (2)New construction.
SPS 321.097(2)(a)(a) General. Except as provided in sub. (4), listed and labeled carbon monoxide alarms shall be installed and maintained in accordance with s. 101.647 (2) to (6), Stats., in one and 2-family dwellings, for which building permit applications were made or construction commenced on or after February 1, 2011.
SPS 321.097 Note Note: Section 101.647 (2) to (6), Stats., reads:
SPS 321.097 Note (2) Installation and safety certification. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector.
SPS 321.097 Note (3) Requirements. (a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling's electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance.
SPS 321.097 Note (am) 1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01 (5), the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling's electrical wiring system, except as provided under subd. 2.
SPS 321.097 Note 2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance.
SPS 321.097 Note (b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.
SPS 321.097 Note (4) Inspection. The department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect new dwellings and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.
SPS 321.097 Note (5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following:
SPS 321.097 Note (a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.
SPS 321.097 Note (b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling.
SPS 321.097 Note (6) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.
SPS 321.097(2)(b) (b) Location.
SPS 321.097(2)(b)1.1. On floor levels that contain one or more sleeping areas, a carbon monoxide alarm shall be installed outside of the sleeping area, within 21 feet of the centerline of the door opening to any sleeping area and in an exit path from any sleeping area.
SPS 321.097(2)(b)2. 2. On floor levels that do not contain a sleeping area, a carbon monoxide alarm shall be installed in a common area on each floor level.
SPS 321.097(2)(c) (c) Electrical service and interconnection.
SPS 321.097(2)(c)1.1. Except as provided in subd. 2., carbon monoxide alarms shall be continuously powered by the house electrical service, shall have a backup power supply and shall be interconnected so that activation of one alarm will cause activation of all alarms.
SPS 321.097(2)(c)2. 2. Dwellings with no electrical service shall be provided with battery-powered carbon monoxide alarms in the locations under par. (b). Interconnection is not required in these dwellings.
SPS 321.097(2)(d) (d) Standards. The devices shall conform with one of the following standards:
SPS 321.097(2)(d)1. 1. Carbon monoxide alarms shall be listed and labeled identifying conformance with UL 2034.
SPS 321.097 Note Note: Pursuant to this subdivision, carbon monoxide alarms need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms.
SPS 321.097(2)(d)2. 2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075.
SPS 321.097 Note Note: Note: Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors.
SPS 321.097(3) (3)Existing dwellings. Except as provided in sub. (4), listed and labeled carbon monoxide alarms shall be installed and maintained in accordance with s. 101.647 (2) to (6), Stats., in one and 2-family dwellings, for which building permit applications were made or initial construction commenced on or after June 1, 1980, and before February 1, 2011.
SPS 321.097 Note Note: See statutory reprint under s. SPS 321.097 (2) (a).
SPS 321.097(4) (4)Tourist rooming houses.
SPS 321.097(4)(a)(a) Listed and labeled carbon monoxide alarms with battery secondary power supplies shall be installed and maintained in dwellings to be utilized as licensed tourist rooming houses and that contain fuel-burning appliances in accordance with s. 101.149 (2) and (3), Stats.
SPS 321.097 Note Note: Section 101.149 (2) and (3), Stats., reads:
SPS 321.097 Note (2)Installation requirements. (a) Except as provided in par. (b), the owner of a residential building shall install a carbon monoxide detector in all of the following places not later than the date specified under par. (c):
SPS 321.097 Note 1. In the basement of the building if the basement has a fuel-burning appliance.
SPS 321.097 Note 2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance.
SPS 321.097 Note 3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit that has a fuel-burning appliance.
SPS 321.097 Note 4. In each room that has a fuel-burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more than 75 feet from the fuel-burning appliance.
SPS 321.097 Note 5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, except that, if there is no electrical outlet within this distance, the owner shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.
SPS 321.097 Note (b) If a unit is not part of a multiunit building, the owner of the residential building need not install more than one carbon monoxide detector in the unit.
SPS 321.097 Note (c) 1. Except as provided under subd. 2., the owner of a residential building shall comply with the requirements of this subsection before the building is occupied.
SPS 321.097 Note 2. The owner of a residential building shall comply with the requirements of this subsection not later than April 1, 2010, if construction of the building was initiated before October 1, 2008, or if the department approved the plans for the construction of the building under s. 101.12, Stats., before October 1, 2008.
SPS 321.097 Note (d) Any carbon monoxide detector that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection.
SPS 321.097 Note (e) The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector.
SPS 321.097 Note (3)Maintenance requirements. (a) The owner of a residential building shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector.
SPS 321.097 Note (b) An occupant of a unit in a residential building may give the owner of the residential building written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The owner of the residential building shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice.
SPS 321.097 Note (c) The owner of a residential building is not liable for damages resulting from any of the following:
SPS 321.097 Note 1. A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the residential building.
SPS 321.097 Note 2. The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner or the result of a faulty alarm that was reasonably maintained by the owner as required under par. (a).
SPS 321.097(4)(b) (b) Carbon monoxide alarms shall be wired to the dwelling's electrical service.
SPS 321.097(4)(c) (c) Carbon monoxide alarms within a dwelling unit shall be interconnected so that activation of one alarm will cause activation of all alarms within the dwelling unit.
SPS 321.097(4)(d) (d) The devices shall conform with one of the following standards:
SPS 321.097(4)(d)1. 1. Carbon monoxide alarms shall be listed and labeled identifying conformance with UL 2034.
SPS 321.097 Note Note: Pursuant to this subdivision, carbon monoxide alarms need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms.
SPS 321.097(4)(d)2. 2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075.
SPS 321.097 Note Note: Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors.
SPS 321.097(4)(e) (e) The installation of carbon monoxide alarms or detectors in adjacent units required under s. 101.149 (2) (a) 3., Stats., shall apply to those units located on the same floor level.
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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.