SPS 321.10(5)(a)2.2. The fastener is made of stainless steel.
SPS 321.10(5)(a)3.3. The fastener is made of hot-dipped, zinc-galvanized steel with the coating weight and thickness labeled as complying with ASTM A 153.
SPS 321.10(5)(a)4.4. The fastener is made of steel with a mechanically-deposited zinc coating labeled as complying with ASTM B 695, Class 55 or greater.
SPS 321.10(5)(a)5.5. The fastener has coating types and weights in accordance with the fastener manufacturer’s recommendations. In the absence of the manufacturer’s recommendations subd. 1., 2., 3., or 4. shall apply.
SPS 321.10 NoteNote: “Zinc plated,” “zinc coated,” “chrome plated,” etc., fasteners do not necessarily comply with either of these standards.
SPS 321.10(5)(b)(b) When a fastener is used with a hanger or other metal fixture, the fastener shall be of the same material as the hanger or metal fixture.
SPS 321.10 NoteNote: When separate pieces are in close contact, zinc corrodes rapidly in the presence of plain steel. Zinc corrodes much more rapidly in the presence of stainless steel.
SPS 321.10(5)(c)(c) For the purposes of this section, a fastener includes nails, screws and bolts, along with nuts and washers.
SPS 321.10 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. Register, February, 1985, No. 350, eff. 3-1-85; am. (1) (b) and (3), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (1) (intro.) and (b), am. (1) (f), renum. (3) (intro.) to be (3) (a), cr. (3) (b), Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (a), (b), (3), cr. (1) (g), Register, November, 1995, No. 479, eff. 12-1-95; r. (1) and (2), renum. (3) to be (4), and cr. (1) to (3), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (4) (a) Register May 2003 No. 569, eff. 8-1-03; CR 08-043: am. (1), (2) (a) and (i), r. and recr. (2) (b) and (h), r. (2) (g) and (4) (b), renum. (2) (c) to (f) and (4) (a) to be (2) (d) to (g) and (4) and am. (2) (e), (f) 1. and (g), cr. (2) (c), (k) and (5) Register March 2009 No. 639, eff. 4-1-09; correction in (2) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (2) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-041: renum. (2) (f) to (2) (f) 1., cr. (2) (f) 2. Register December 2015 No. 720, eff. 1-1-16.
SPS 321.11SPS 321.11Foam plastic.
SPS 321.11(1)(a)(a) General. Foam plastic insulation shall have a flame-spread rating of 75 or less and a smoke-developed rating of 450 or less when tested in accordance with ASTM E-84.
SPS 321.11(1)(b)(b) Thermal barrier. Except as provided in par. (c), foam plastic insulation shall be separated from the interior of the dwelling by one of the following thermal barriers:
SPS 321.11(1)(b)1.1. ½-inch gypsum wallboard.
SPS 321.11(1)(b)2.2. ½-inch nominal wood structural panel.
SPS 321.11(1)(b)3.3. ¾-inch sawn lumber with tongue-and-groove or lap joints.
SPS 321.11(1)(b)4.4. 1-inch of masonry or concrete.
SPS 321.11(1)(b)5.5. A product or material shown by an independent laboratory to limit the temperature rise on the unexposed surface to 250°F for 15 minutes when tested in accordance with ASTM E-119.
SPS 321.11(1)(b)6.6. For doors only, sheet metal with a minimum thickness of 26 standard steel gauge or aluminum with a minimum thickness of 0.032 inch.
SPS 321.11 NoteNote: Number 26 standard steel gauge is approximately equal to 0.018-inch.
SPS 321.11(1)(c)(c) Exemptions from thermal barrier requirement. The following applications of foam plastic do not require a thermal barrier:
SPS 321.11(1)(c)1.1. On overhead garage doors.
SPS 321.11(1)(c)2.2. In the box sill of the basement or ground floor, above the bottom of the floor joists.
SPS 321.11(2)(2)Insulation that does not meet the requirements of this section may be approved by the department in accordance with s. SPS 320.18. Approval will be based on tests that evaluate materials or products representative of actual end-use applications.
SPS 321.11 NoteNote: See s. SPS 322.21 (3) for requirements for protecting foam plastic on the exterior of a dwelling.
SPS 321.11 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (b), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (1) (intro.), am. (1) (a), renum. (1) (b) and (c) to be (1) (c) and (d) and am. (1) (c), cr. (1) (b), Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (d), (2), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. Register, March, 2001, No. 543, eff. 4-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 321.115SPS 321.115Installation of elevators or dumbwaiters. Elevators or dumbwaiters serving dwelling units shall comply with the requirements under ch. SPS 318.
SPS 321.115 HistoryHistory: CR 08-030: cr. Register December 2008 No. 636, eff. 1-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. III of ch. SPS 321Subchapter III — Excavations
SPS 321.12SPS 321.12Drainage.
SPS 321.12(1)(1)Grade. The finished grade of the soil shall slope away from the dwelling at a rate of at least 1/2 inch per foot for at least 10 feet, except as provided in subs. (2) and (3).
SPS 321.12(2)(2)Other surfaces. Where the finished surface is impervious, it shall slope away from the dwelling for at least 10 feet at a rate that ensures equivalent drainage.
SPS 321.12(3)(3)Obstructions. Where lot lines, walls, slopes, or other barriers prevent having the 10-foot distance in sub. (2), swales or other means shall be provided to ensure equivalent drainage away from the dwelling.
SPS 321.12 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; CR 02-077: am. Register May 2003 No. 569, eff. 8-1-03; CR 15-041: renum. 321.12 to 321.12 (1) and am., cr. 321.12 (title), (2), (3) Register December 2015 No. 720, eff. 1-1-16.
SPS 321.125SPS 321.125Erosion control and sediment control.
SPS 321.125(1)(1)General.
SPS 321.125(1)(a)(a) Where land disturbing construction activity is to occur erosion and sediment control practices shall be employed, as necessary, and maintained to prevent or reduce the potential deposition of soil or sediment to all of the following:
SPS 321.125(1)(a)1.1. The waters of the state.
SPS 321.125(1)(a)2.2. Adjacent properties.
SPS 321.125 NoteNote: Authority over erosion and sediment control at construction sites having a land-disturbance area of one acre or more was transferred to the Department of Natural Resources (DNR) under 2013 Wis. Act 20, sections 1712 and 2088. Consequently, the Department of Safety and Professional Services no longer applies the requirements in this section to those sites. Information regarding the DNR permit requirements and standards may be available at http://dnr.wi.gov/topic/stormwater/construction.
SPS 321.125(1)(b)(b) Land disturbing construction activities, except those activities necessary to implement erosion or sediment control practices, may not begin until the sediment control practices are in place for each area to be disturbed in accordance with the approved plan.
SPS 321.125(1)(c)(c) Erosion and sediment control practices shall be maintained until the disturbed areas are stabilized. A disturbed area shall be considered stabilized by vegetation when a perennial cover has been established with a density of at least 70%.
SPS 321.125(1)(d)(d) Erosion and sediment control practices shall either be approved by the department or listed by the department of natural resources in accordance with the process under s. NR 151.32 (2).
SPS 321.125 NoteNote: Listed practices can be found through the Division of Industry Services website at http://dsps.wi.gov/programs/industry-services or by contacting the Division at telephone (608) 266-3151 or (877) 617-1565 or 411 (Telecommunications Relay).
SPS 321.125(2)(2)Mandated practices. Specific practices at each site where land disturbing construction activity is to occur shall be utilized to prevent or reduce all of the following:
SPS 321.125(2)(a)(a) The deposition of soil from being tracked onto streets by vehicles.
SPS 321.125(2)(b)(b) The discharge of sediment from disturbed areas into on-site storm water inlets.
SPS 321.125(2)(c)(c) The discharge of sediment from disturbed areas into abutting waters of the state.
SPS 321.125(2)(d)(d) The discharge of sediment from drainage ways that flow off the site.
SPS 321.125(2)(e)(e) The discharge of sediment by dewatering activities.
SPS 321.125(2)(f)(f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
SPS 321.125(3)(3)Control standards. Including the practices under sub. (2), additional erosion and sediment control practices shall be employed, as necessary, to accomplish one of the following:
SPS 321.125(3)(a)(a) A potential annual cumulative soil loss rate of not more than one of the following:
SPS 321.125(3)(a)1.1. Five tons per acre per year where sand, loamy sand, sandy loam, loam, sandy clay loam, clay loam, sandy clay, silty clay or clay textures are exposed.
SPS 321.125(3)(a)2.2. Seven and 1/2 tons per acre per year where silt, silty clay loam, or silt loam textures are exposed.
SPS 321.125(3)(c)(c) A reduction of at least 40% of the potential sediment load in storm water runoff from the site on an average annual basis as compared with no sediment or erosion controls for the site where less than one acre of land disturbing construction activity is to occur.
SPS 321.125 NoteNote: See ch. SPS 325 Appendix A for further explanatory material regarding compliance solutions for 80 and 40% reductions.
SPS 321.125(4)(4)Soil loss analysis. Potential soil loss shall be determined using an engineer analytical modeling acceptable to the department.
SPS 321.125 NoteNote: The Revised Universal Soil Loss Equation II is an example of an acceptable model to determine soil loss.
SPS 321.125(5)(5)Monitoring.
SPS 321.125(5)(a)(a) The owner or owner’s agent shall check the erosion and sediment control practices for maintenance needs at all the following intervals until the site is stabilized:
SPS 321.125(5)(a)1.1. At least weekly.
SPS 321.125(5)(a)2.2. Within 24 hours after a rainfall event of 0.5 inches or greater. A rainfall event shall be considered to be the total amount of rainfall recorded in any continuous 24 hour period.
SPS 321.125(5)(a)3.3. At all intervals cited on the erosion and sediment control plan.
SPS 321.125(5)(b)(b) The owner or owner’s agent shall maintain a monitoring record when the land disturbing construction activity involves one or more acres.
SPS 321.125(5)(c)(c) The monitoring record shall contain at least the following information:
SPS 321.125(5)(c)1.1. The condition of the erosion and sediment control practices at the intervals specified under par. (a).
SPS 321.125(5)(c)2.2. A description of the maintenance conducted to repair or replace erosion and sediment control practices.
SPS 321.125(6)(6)Maintenance.
SPS 321.125(6)(a)1.1. Except as provided in subd. 3., off-site sediment deposition resulting from the failure of an erosion or sediment control practice shall be cleaned up by the end of the next day.
SPS 321.125 NoteNote: Contact the Department of Natural Resources before attempting to clean up any sediment deposited or discharged into the waters of the state.
SPS 321.125(6)(a)2.2. Except as provided in subd. 3., off-site soil deposition, resulting from construction activity, that creates a nuisance shall be cleaned up by the end of the work day.
SPS 321.125(6)(a)3.3. A municipality may enact more stringent requirements regarding cleanup of soil or sediment deposition onto public ways.
SPS 321.125(6)(b)1.1. Except as required in subd. 2., the owner or owner’s agent shall complete repair or replacement of erosion and sediment control practices as necessary within 48 hours of an interval specified under sub. (5).
SPS 321.125(6)(b)2.2. When the failure of erosion or sediment control practices results in an immediate threat of sediment entering public sewers or the waters of the state, procedures shall be implemented immediately to repair or replace the practices.
SPS 321.125 NoteNote: See ch. SPS 325 Appendix A for further explanatory material.
SPS 321.125 HistoryHistory: Cr. Register, September, 1992, No. 441, eff. 12-1-92; am. (1) (b), Register, November, 1995, No. 479, eff. 12-1-95; am. (1) (a), renum. (1) (b) to (e) to be (1) (c) to (f) and am. (c), cr. (1) (b), Register, February, 1997, No. 494, eff. 3-1-97; CR 02-077: cr. (4) Register May 2003 No. 569, eff. 8-1-03; CR 05-113: r. and recr. Register December 2006 No. 612, eff. 4-1-07; CR 15-041: am. (3) (a) 2., r. (3) (b) Register December 2015 No. 720, eff. 1-1-16.
SPS 321.13SPS 321.13Excavations adjacent to adjoining property.
SPS 321.13(1)(1)Notice. Any person making or causing an excavation which may affect the lateral soil support of adjoining property or buildings shall provide at least 30 days written notice to all owners of adjoining buildings of the intention to excavate. The notice shall state that adjoining buildings may require permanent protection.
SPS 321.13(1)(a)(a) Exception. The 30-day time limit for written notification may be waived if such waiver is signed by the owner(s) of the adjoining properties.
SPS 321.13(2)(2)Responsibility for underpinning and foundation extensions.
SPS 321.13(2)(a)(a) Excavations less than 12 feet in depth. If the excavation is made to a depth of 12 feet or less below grade, the person making or causing the excavation shall not be responsible for any necessary underpinning or extension of the foundations of any adjoining buildings.
SPS 321.13(2)(b)(b) Excavations greater than 12 feet in depth. If the excavation is made to a depth in excess of 12 feet below grade, the owner(s) of adjoining buildings shall be responsible for any necessary underpinning or extension of the foundations of their buildings to a depth of 12 feet below grade. The person making or causing the excavation shall be responsible for any underpinning or extension of foundations below the depth of 12 feet below grade.
SPS 321.13 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80.
SPS 321.14SPS 321.14Excavations for footings and foundations.
SPS 321.14(1)(1)Excavations below footings and foundations. No excavation shall be made below the footing and foundation unless provisions are taken to prevent the collapse of the footing or foundation.
SPS 321.14(2)(2)Excavations for footings. All footings shall be located on undisturbed or compacted soil, free of organic material, unless the footings are reinforced to bridge poor soil conditions.
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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.