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SPS 361.20 Responsibilities.
SPS 361.21 Appeals.
SPS 361.22 Petition for variance.
SPS 361.23 Penalties.
Subchapter III — Plan Review and Related Functions
SPS 361.295 Administrative coordination.
SPS 361.30 Plan review and approval.
SPS 361.31 Plans.
SPS 361.32 Permission to start construction.
SPS 361.33 Evidence of plan approval.
SPS 361.35 Revocation of approval.
SPS 361.36 Expiration of plan approval and extension of plan approval.
SPS 361.37 Department limitation.
SPS 361.39 Registration of cross connection control assemblies.
Subchapter IV — Supervision and Inspections
SPS 361.40 Supervision.
SPS 361.41 Inspections.
Subchapter V — Product and Standard Review and Approval
SPS 361.50 Building product approvals.
SPS 361.51 Alternate standards.
Subchapter VI — First Class City and Certified Municipality Approvals
SPS 361.60 Certified municipalities and counties.
SPS 361.61 Appointed agents.
Ch. SPS 361 Note Note: Chapters Comm 50 to 64 and Appendices A and B as they existed on June 30, 2002 were repealed and new chapters Comm 61 to 65 and Appendix A and B were created effective July 1, 2002. Chapter Comm 61 was renumbered chapter SPS 361 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 361 Subchapter I — Scope and Application
SPS 361.01 SPS 361.01 Purpose of code. Pursuant to various statutory provisions under subch. I of ch. 101, Stats., the purpose of this code is to protect the health, safety and welfare of the public and employees by establishing minimum standards for the design, construction, maintenance and inspection of public buildings, including multifamily dwellings, and places of employment.
SPS 361.01 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02.
SPS 361.02 SPS 361.02 Scope.
SPS 361.02(1)(1) Except as provided in subs. (2) and (3), this code applies to all public buildings and places of employment.
SPS 361.02 Note Note: Under s. 101.01 (11), Stats., "place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.
SPS 361.02 NoteUnder s. 101.01 (12), Stats., "public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).
SPS 361.02(2) (2) This code does not apply to buildings or situations listed under the exclusions in s. 101.01 (11) and (12), Stats., or under the exemptions in s. 101.05, Stats.
SPS 361.02 Note Note: Section 102.04 (3), Stats., as referenced in s. 101.01 (11), Stats., reads as follows: "As used in this chapter `farming' means the operation of farm premises owned or rented by the operator. `Farm premises' means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. `Farmer' means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur-bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person's principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming. Operation of such premises shall be deemed to include also any other activities commonly considered to be farming whether conducted on or off such premises by the farm operator."
SPS 361.02 Note Note: Under s. 50.01 (1), Stats., as referenced in s. 101.01 (12), Stats., "adult family home" means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g):
SPS 361.02 Note (a) A private residence to which all of the following apply:
SPS 361.02 Note 1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings.
SPS 361.02 Note2. The private residence was licensed under s. 48.62 as a home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.
SPS 361.02 Note (b) A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident.
SPS 361.02 Note Note: Under s. 50.01 (1g), Stats., as referenced in s. 101.01 (12), Stats., "community-based residential facility" means a place where 5 or more adults who are not related to the operator or administrator and who do not require care above intermediate level nursing care reside and receive care, treatment or services that are above the level of room and board but that include no more than 3 hours of nursing care per week per resident. "Community-based residential facility" does not include any of the following:
SPS 361.02 Note (a) A convent or facility owned or operated by members of a religious order exclusively for the reception and care or treatment of members of that order.
SPS 361.02 Note (b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 49.165 (1) (a), and their children.
SPS 361.02 Note(c) A shelter facility as defined under s. 16.308 (1) (d).
SPS 361.02 Note (d) A place that provides lodging for individuals and in which all of the following conditions are met:
SPS 361.02 Note 1. Each lodged individual is able to exit the place under emergency conditions without the assistance of another individual.
SPS 361.02 Note 2. No lodged individual receives from the owner, manager or operator of the place or the owner's, manager's or operator's agent or employee any of the following:
SPS 361.02 Note a. Personal care, supervision or treatment, or management, control or supervision of prescription medications.
SPS 361.02 Note b. Care or services other than board, information, referral, advocacy or job guidance; location and coordination of social services by an agency that is not affiliated with the owner, manager or operator, for which arrangements were made for an individual before he or she lodged in the place; or, in the case of an emergency, arrangement for the provision of health care or social services by an agency that is not affiliated with the owner, manager or operator.
SPS 361.02 Note (e) An adult family home.
SPS 361.02 Note (f) A residential care apartment complex.
SPS 361.02 Note (g) A residential facility in the village of Union Grove that was authorized to operate without a license under a final judgment entered by a court before January 1, 1982, and that continues to comply with the judgment notwithstanding the expiration of the judgment.
SPS 361.02 Note Note: Section 101.05, Stats., reads as follows:
SPS 361.02 Note Exempt buildings and projects. (1)  No building code adopted by the department under this chapter shall affect buildings located on research or laboratory farms of public universities or other state institutions and used primarily for housing livestock or other agricultural purposes.
SPS 361.02 Note (2) A bed and breakfast establishment, as defined under s. 254.61 (1), is not subject to building codes adopted by the department under this subchapter.
SPS 361.02 Note (3) No standard, rule, code or regulation of the department under this subchapter applies to construction undertaken by the state for the purpose of renovation of the state capitol building.
SPS 361.02 Note (4) No standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter applies to a rural school building if all of the following are satisfied:
SPS 361.02 Note (a) The school building consists of one classroom.
SPS 361.02 Note (b) The school building is used as a school that is operated by and for members of a bona fide religious denomination in accordance with the teachings and beliefs of the denomination.
SPS 361.02 Note (c) The teachings and beliefs of the bona fide religious denomination that operates the school prohibit the use of certain products, devices or designs that are necessary to comply with a standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter.
SPS 361.02(3) (3) This code does not apply to all of the following types of buildings, structures or situations:
SPS 361.02(3)(a) (a) A temporary building or structure used exclusively for construction purposes, not exceeding 2 stories in height, and not used as living quarters.
SPS 361.02(3)(b)1.1. Buildings or structures located on Indian reservation land that are held either in trust by the United States, or in fee by the tribe or a tribal member.
SPS 361.02(3)(b)2. 2. Buildings or structures which are located on off-reservation Indian land that is held in trust by the United States — and which are held either in trust by the United States, or in fee by the tribe or a tribal member.
SPS 361.02(3)(c) (c) Buildings and portions of buildings that are exempted by federal statutes or treaties.
SPS 361.02(3)(d) (d) Portions of buildings leased to the federal government provided all of the following conditions are met:
SPS 361.02(3)(d)1. 1. A statement is recorded with the register of deeds that describes the steps necessary for compliance to this code if the space is converted to a nonexempt use.
SPS 361.02(3)(d)2. 2. The statement recorded with the register of deeds is recorded in a manner that will permit the existence of the statement to be determined by reference to the property where the building is located.
SPS 361.02(3)(d)3. 3. The owner of the building submits a copy of the recorded document to the department or its authorized representative.
SPS 361.02(3)(e) (e) Buildings and structures that are on a farm premises and used exclusively for farming purposes, provided any use of the building or structure by the public consists only of consumers directly receiving farm commodities, substantially all of which have been planted or produced on the farm premises. In this application, "substantially all" means at least 90 percent of the commodities were planted or produced on the farm premises.
SPS 361.02(3)(f) (f) A one- or 2-family dwelling used as a foster home, treatment foster home, or group home, or as a child caring institution having a capacity for 8 or fewer children, all as defined in s. 48.02, Stats.
SPS 361.02 Note Note: The definitions in s. 48.02, Stats., limit foster homes to no more than 4 children unless all the children are siblings, limit treatment foster homes to no more than 4 children, and limit group homes to no more than 8 children. Where permitted by the department of children and families, a group home or a child caring institution having a capacity for 8 or fewer children may be located in a one- and 2-family dwelling as a community living arrangement, as defined in s. 46.03 (22), Stats.
SPS 361.02(3)(g) (g) A one- or 2-family dwelling in which a public or private day care center for 8 or fewer children is located.
SPS 361.02(3)(h) (h) That portion of or space within a one- or 2-family dwelling in which a home occupation is located.
SPS 361.02(4) (4) In this section, "home occupation" means any business, profession, trade or employment conducted in a person's dwelling unit, that may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:
SPS 361.02(4)(a) (a) Explosives, fireworks or repair of motor vehicles.
SPS 361.02(4)(b) (b) More than 25% of the habitable floor area of the dwelling unit.
SPS 361.02(5) (5) This code also applies to any existing building that is converted to a community-based residential facility for 9 to 20 residents.
SPS 361.02 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: cr. (5) Register December 2004 No. 588, eff. 1-1-05; CR 06-120: r. and recr. (3) (b), am. (3) (d) 1. and 2., Register February 2008 No. 626, eff. 3-1-08.
SPS 361.03 SPS 361.03 Application.
SPS 361.03(1)(1)Standards.
SPS 361.03(1)(a)(a) The design and construction of public buildings and places of employment shall comply with s. SPS 361.05, except as provided in this code.
SPS 361.03(1)(b) (b) The codes and standards that are referenced in this chapter, and any additional codes and standards which are subsequently referenced in those codes and standards, shall apply to the prescribed extent of each such reference, except as modified by this chapter.
SPS 361.03(1)(c) (c) The requirements in IBC Appendix C may be applied to certain agricultural buildings, as specified in s. SPS 362.3600 (2), in lieu of corresponding, otherwise applicable requirements of this code.
SPS 361.03(2) (2)Retroactivity. A rule of this code does not apply retroactively to public buildings and places of employment existing prior to the effective date of the rule unless specifically stated in the rule.
SPS 361.03(3) (3)Conflicts.
SPS 361.03(3)(a)(a) Where any rule written by the department differs from a requirement within a document referenced in this code, the rule written by the department shall govern.
SPS 361.03(3)(b) (b) Where rules of the department specify conflicting requirements, types of materials or methods of construction, the most restrictive rule shall govern, except as provided in pars. (a) and (c).
SPS 361.03 Note Note: If the most restrictive of two or more conflicting requirements is not readily apparent, a determination of which is more restrictive can be obtained from the department.
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