SPS 321.30(9)(b) (b) Except as required under pars. (c) and (d), the clearance spaces shall remain completely open.
SPS 321.30(9)(c) (c) The clearance spaces between chimneys and wood joists, beams, headers or other structural members shall be fireblocked at each floor level from chimney footing all the way to the roof flashing with galvanized steel, at least 26 gage thick or with noncombustible sheet material.
SPS 321.30(9)(d) (d) Noncombustible material shall be used to prevent entry of debris into the clearance spaces.
SPS 321.30 History History: Cr. Register, February, 1985, No. 350, eff. 3-1-85; am. (8), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr. (8) and (9); Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. (7) (a), cr. (7) (d) and (e), and am. (9) (c), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (7) (b) and (d) Register May 2003 No. 569, eff. 8-1-03; correction in (7) (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 321.32 SPS 321.32Factory-built fireplaces. Factory-built fireplaces consisting of a fire chamber assembly, one or more chimney sections, a roof assembly and other parts shall be tested and listed by a nationally recognized testing laboratory.
SPS 321.32(1) (1) Fireplace assembly and maintenance. The fireplace assembly shall be erected and maintained in accordance with the conditions of the listing.
SPS 321.32(1)(a) (a) All joints between the wall or decorative facing material and the fireplace unit shall be completely sealed, firestopped or draft-stopped with a noncombustible caulk or equivalent.
SPS 321.32(1)(b) (b) Doors installed on factory built fireplaces shall conform with the terms of the listing and the manufacturers installation instructions for the fireplace unit.
SPS 321.32(2) (2) Distance from combustibles. Portions of the manufactured chimney extending through combustible floors or roof/ceiling assemblies shall be installed in accordance with the distances listed on the chimney in order to prevent contact with combustible materials.
SPS 321.32(3) (3) Hearth extensions. Hearth extensions shall be provided in accordance with the manufacturer's listing. Where no hearth extension is specified in the listing, a hearth extension shall be provided in accordance with s. SPS 321.29 (6).
SPS 321.32 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; renum. from Ind 21.30 and r. and recr. (3), Register, February, 1985, No. 350, eff. 3-1-85; cr. (1) (a) and (b), am. (3) and Table 21.32-1, Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. Register, March, 1992, No. 435, eff. 4-1-92; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. X of ch. SPS 321 Subchapter X — Construction in Floodplains
SPS 321.33 SPS 321.33Construction in floodplains.
SPS 321.33(1)(1)General. Where dwelling construction is allowed by local zoning ordinances to take place in floodfringe areas of floodplains, the dwelling shall meet the requirements of this subchapter.
SPS 321.33 Note Note: The department of natural resources (DNR) and the federal emergency management agency (FEMA) also have regulations that apply to construction in floodfringe areas.
SPS 321.33(2) (2) Elevation.
SPS 321.33(2)(a)(a) General. Except as provided in pars. (b) and (c), all dwellings constructed within a floodfringe area shall be elevated so the lowest floor and all basement floor surfaces are located at or above the base flood elevation.
SPS 321.33(2)(b) (b) Certified floodproof basements. Floodproof basements may have the top of the basement floor no more than 5 feet below the base flood elevation provided the basement is designed by a registered architect or engineer to be watertight and impermeable. No limitation is placed on the use or occupancy of a certified floodproof basement by the provisions of this subchapter.
SPS 321.33(2)(c) (c) Other enclosed spaces.
SPS 321.33(2)(c)1.1. Enclosed spaces not meeting the requirements of par. (b) are allowed at any depth below the base flood elevation provided the spaces are used only for one or more of the following purposes:
SPS 321.33(2)(c)1.a. a. Means of egress.
SPS 321.33(2)(c)1.b. b. Entrance foyers.
SPS 321.33(2)(c)1.c. c. Stairways.
SPS 321.33(2)(c)1.d. d. Incidental storage of portable or mobile items.
SPS 321.33(2)(c)2. 2. Fully enclosed spaces used only for those purposes listed in subd. 1. shall be designed to automatically equalize the hydrostatic pressure on exterior walls by allowing the entry and exit of floodwaters. Designs for meeting this requirement shall be certified by a registered architect or engineer or shall meet all of the following requirements:
SPS 321.33(2)(c)2.a. a. There shall be at least 2 pressure relieving openings and the openings shall have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
SPS 321.33(2)(c)2.b. b. The bottom of all openings shall be no more than 12 inches above grade.
SPS 321.33(2)(c)2.c. c. Openings may not be equipped with screens, louvers, valves or other coverings or devices unless such devices permit the automatic entry and discharge of floodwaters.
SPS 321.33(3) (3) Certification of elevation. A registered land surveyor, architect or engineer shall certify the actual elevation in relation to mean sea level of the lowest structural member required to be elevated by the provisions of this subchapter.
SPS 321.33(4) (4) Anchorage. The structural systems of all dwellings shall be designed, connected and anchored to resist flotation, collapse or permanent lateral movement due to structural loads and stresses at the base flood elevation.
SPS 321.33(5) (5) Protection of electrical and mechanical systems. Electrical and mechanical equipment shall be placed above the base flood elevation or shall be designed to prevent water contact with the equipment in case of a flood up to the base flood elevation.
SPS 321.33(6) (6) Construction materials and methods. All dwellings constructed in floodplains shall be constructed using materials and methods designed to minimize flood and water damage.
SPS 321.33 History History: Emerg. cr. eff. 5-8-96; cr. Register, February, 1997, No. 494, eff. 3-1-97.
SPS 321.34 SPS 321.34Construction in coastal floodplains.
SPS 321.34(1)(1)General. All dwellings constructed in coastal floodplains shall be designed by a registered architect or engineer and shall meet the requirements of this section and s. SPS 321.33.
SPS 321.34(2) (2) Elevation. All dwellings constructed in a coastal floodplain shall be elevated so the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, pilings, piling caps, columns, grade beams and bracing, is located at or above the base flood elevation.
SPS 321.34(3) (3) Enclosures below base flood elevation. Enclosures below the base flood elevation in a coastal floodplain may not be used for human occupancy and shall be free of all obstructions, except for non-loadbearing walls and partitions. Non-loadbearing walls and partitions below base flood elevation shall be constructed to break away without causing any structural damage to the elevated portion of the dwelling or foundation system due to the effect of wind loads and water loads acting simultaneously.
SPS 321.34(4) (4) Foundations. All dwellings located in a coastal floodplain shall be supported and anchored on pilings or columns. The piling or column shall have adequate soil penetration to resist combined water and wind loads at the base flood elevation. Piling or column design shall consider the effect of scour of soil strata. Mat or raft foundations to support columns may not be used where soil under the mat or raft is subject to scour or other erosion from wave flow conditions.
SPS 321.34 History History: Emerg. cr. eff. 5-8-96; cr. Register, February, 1997, No. 494, eff. 3-1-97; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. XI of ch. SPS 321 Subchapter XI — Installation of Manufactured Homes
SPS 321.40 SPS 321.40Installation standards.
SPS 321.40(1)(1)Produced on or after April 1, 2007.
SPS 321.40(1)(a) (a) Adoption of standards. The federal Model Manufactured Home Installation Standards, 24 CFR part 3285, as in effect on December 1, 2014, is hereby incorporated by reference into this chapter.
SPS 321.40 Note Note: A copy of this edition of 24 CFR 3285 is on file in the offices of the Department and the Legislative Reference Bureau. Copies of 24 CFR 3285 are available at http://www.gpo.gov/fdsys/granule/CFR‐2013‐title24‐vol5/CFR‐2013‐title24‐vol5‐part3285.
SPS 321.40 Note Note: Section 24 CFR 3285.1(a)(1) reads as follows: “States that choose to operate an installation program for manufactured homes in lieu of the federal program must implement installation standards that provide protection to its residents that equals or exceeds the protection provided by these Model Installation Standards."
SPS 321.40(1)(b) (b) Compliance.
SPS 321.40(1)(b)1.1. A manufactured home produced on or after April 1, 2007, shall be installed in accordance with 24 CFR part 3285 except as otherwise provided by this subsection.
SPS 321.40 Note Note: As provided under 24 CFR 3285.1(a)(intro.), “The manufacturer's installation instructions, including specific methods for performing a specific operation or assembly, will be deemed to comply with these Model Installation Standards, provided they meet or exceed the minimum requirements of these Model Installation Standards and do not take the home out of compliance with the Manufactured Home Construction and Safety Standards (24 CFR part 3280)."
SPS 321.40(1)(b)2. 2. If a requirement of this code applies to a manufactured home or to an attachment to a manufactured home, the manufactured home owner shall comply with that requirement. If the manufactured home is located in a manufactured home community, the manufactured home community operator is not responsible for compliance with that requirement unless the manufactured home community operator is the manufactured home owner.
SPS 321.40(1)(c) (c) Additional definitions. These are department definitions in addition to the definitions in 24 CFR 3285.5:
SPS 321.40(1)(c)1. 1. “Department" means the department of safety and professional services.
SPS 321.40(1)(c)2. 2. “HUD" means the federal department of housing and urban development.
SPS 321.40(1)(c)2m. 2m. “Manufactured home owner" has the meaning given in s. 101.652 (1) (d), Stats.
SPS 321.40 Note Note: Section 101.652(1)(d), Stats. reads as follows: “Manufactured home owner” does not include a person that leases a manufactured home from another.
SPS 321.40(1)(c)3. 3. “Manufactured home section" means a portion of a manufactured home which when installed does not provide all the facilities for year–round residential occupancy.
SPS 321.40(1)(c)4. 4. “Manufactured home unit" means a complete manufactured home which when installed provides all the facilities for year–round residential occupancy.
SPS 321.40(1)(d) (d) Substituted definitions. Substitute the following definitions and informational note for the corresponding definitions in 24 CRF 3285.5:
SPS 321.40(1)(d)1. 1. “Approved" means acceptable to the department.
SPS 321.40(1)(d)2. 2. “Base flood elevation" means the elevation of the base flood, including wave height, relative to the datum specified on a county's flood hazard map.
SPS 321.40(1)(d)3. 3. “Flood hazard area" means the greater of either of the following:
SPS 321.40(1)(d)3.a. a. The special flood hazard area shown on the flood insurance rate map.
SPS 321.40(1)(d)3.b. b. The area subject to flooding during the design flood and shown on a county's flood hazard map, or otherwise legally designated.
SPS 321.40(1)(d)4. 4. “Flood hazard map" means a map delineating the flood hazard area and adopted by a county.
SPS 321.40(1)(d)5. 5. “Local authority having jurisdiction (LAHJ)" means the department; except where it is used in conjunction with “flood hazard map," in which case it means the county.
SPS 321.40(1)(d)6. 6. “Manufactured home" has the meaning given in s. 101.91 (2), Stats.
SPS 321.40 Note Note: Section 101.91 (2) of the Statutes is reprinted in a Note under s. SPS 320.07 (52m).
SPS 321.40(1)(e) (e) Fire separation. Substitute the following wording for the requirements in 24 CFR 3285.101: Fire separation distances shall be provided in accordance with the distances specified in s. SPS 326.12.
SPS 321.40(1)(f) (f) Flood hazard. Substitute the following wording and informational note for the requirements in 24 CFR 3285.102(c): Prior to the initial installation of a new manufactured home, the owner or permit applicant is responsible to determine whether the home site lies wholly or partly within a special flood hazard area as shown on the county's flood insurance rate map, flood boundary and floodway map, or flood hazard boundary map. If so located, the map and supporting studies adopted by the county may be used to determine the flood hazard zone and base flood elevation at the site.
SPS 321.40 Note Note: The department of natural resources and the federal emergency management agency may also have regulations that apply to construction in flood hazard areas.
SPS 321.40(1)(g) (g) Wind loads. This is a department informational note to be used under 24 CFR 3285.103(a):
SPS 321.40 Note Note: The HUD-required wind loads for Wisconsin, Zone 1, are not less than 15 psf horizontal and not less than 9 psf uplift.
SPS 321.40(1)(h) (h) Roof loads. This is a department informational note to be used under 24 CFR 3285.103(b):
SPS 321.40 Note Note: See ch. SPS 325 Appendix A for a reprint of HUD's roof-load zone map.
SPS 321.40(1)(i) (i) Thermal zone. This is a department informational note to be used under 24 CFR 3285.103(c):
SPS 321.40 Note Note: The HUD-required thermal zone for Wisconsin is Zone 3, for an overall maximum coefficient of heat transmission not to exceed 0.079 Btu/(hr.)(sq. ft.)(°F).
SPS 321.40(1)(j) (j) Soil test. This is a department requirement in addition to the requirements in 24 CFR 3285.202(a): Where a community-wide soil test does not exist and a soil test is required by this chapter, such as for a proposed frost-free-foundation design, the test shall be conducted to determine the soils in the entire community rather than at an individual site.
SPS 321.40(1)(k) (k) Footings and foundations. This is a department requirement in addition to the requirements in 24 CFR 3285.301: Footings and foundations may be designed in accordance with subchs. IV and V, which include a frost depth of at least 48 inches.
SPS 321.40(1)(L) (L) Caps. Substitute the following wording for the requirements in 24 CFR 3285.304(b)(2): A combination of up to two 4-inch-thick solid-concrete blocks and no more than one 2-inch-thick piece of hardwood lumber shall be permitted as cap material. Lumber used as cap and gap filler material may be of 2-inch nominal lumber at least equal to No. 2 spruce/pine/fir having a minimum fiber bending stress rating of 1200 psi. All lumber used as cap and gap filler shall be the same species of wood. Lumber used to fill a gap in the pier may only be placed at the top of the pier.
SPS 321.40(1)(m) (m) Gaps. This is a department informational note to be used under 24 CFR 3285.304(c)(1):
SPS 321.40 Note Note: See lumber specifications under par. (L).
SPS 321.40(1)(n) (n) Additional blocking. Substitute the following wording for the requirements in 24 CFR 3285.304(c)(3): If a pier is provided with a cap block of 4-inch concrete or 2-inch lumber, another 4-inch concrete block may be placed anywhere in the pier but may not be placed directly upon the footing.
SPS 321.40(1)(o) (o) Illustration. This is a department figure to be used under 24 CFR 3285.304:
SPS 321.40(1)(p) (p) Footings and foundations. This is a department requirement in addition to the requirements in 24 CFR 3285.312: Footings and foundations may be designed in accordance with any of the following:
SPS 321.40(1)(p)1. 1. Subchs. IV and V.
SPS 321.40(1)(p)2. 2. The department-approved slab design that is shown in the figure and limitations at the end of this paragraph.
SPS 321.40(1)(p)3. 3. Other proprietary designs approved by the department.
Limitations:
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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.