SPS 361.50   Building product approvals.
SPS 361.51   Alternate standards and model building codes.
Subchapter VII — First Class City and Certified Municipality Approvals
SPS 361.60   Certified municipalities and counties.
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 SPS 361 Note Note: Chapters Comm 50 to 64 and Appendices A and B as they existed on June 30, 2002 were repealed and new chapters Comm 61 to 65 and Appendix A and B were created effective July 1, 2002.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.
Ch. SPS 361 Note Note: Chapters SPS 361 to 366 are affected by 2017 Wisconsin Acts 59, 198, 243, 317, 329, 330, and 331. Future rule-making will update chs. SPS 361 to 366 to reflect this legislation.
subch. I of ch. SPS 361 Subchapter I — Scope and Application
SPS 361.01 SPS 361.01Purpose of code. Pursuant to various statutory provisions under subch. I of ch. 101, Stats., the purpose of chs. SPS 361 to 366 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; CR 16-094: am. Register April 2018 No. 748 eff. 5-1-18.
SPS 361.02 SPS 361.02Scope.
SPS 361.02(1) (1) Except as provided in subs. (2) and (3), chs. SPS 361 to 366 apply to all public buildings and places of employment.
SPS 361.02 Note Note: “Place of employment" is defined under s. 101.01 (11), Stats.
SPS 361.02 Note Note: “Public building" is defined under s. 101.01 (12), Stats.
SPS 361.02(2) (2)Chapters SPS 361 to 366 do 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(3) (3)Chapters SPS 361 to 366 do not apply to any 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 with chs. SPS 361 to 366 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(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-based business is located.
SPS 361.02(4) (4)Chapters SPS 361 to 366 also apply 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; CR 16-094: am. (1), (2), (3) (intro.), (d) 1., (h), r. (4), renum. (5) to (4) and am., Register April 2018 No. 748 eff. 5-1-18.
SPS 361.03 SPS 361.03Application.
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 otherwise provided in chs. SPS 361 to 366.
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 chs. SPS 361 to 366.
SPS 361.03(2) (2)Retroactivity. A rule of chs. SPS 361 to 366 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) If any rule written by the department differs from a requirement within a document referenced in chs. SPS 361 to 366, 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.
SPS 361.03(3)(c) (c) Where a rule prescribes a general requirement and another rule prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).
SPS 361.03(4) (4)Department authority. Any departmental interpretation of the requirements in this chapter or in the codes and standards that are adopted in this chapter shall supersede any differing interpretation by either a lower level jurisdiction or an issuer of the adopted code or standard.
SPS 361.03(5) (5)Local ordinances.
SPS 361.03(5)(a)1.1. Except as provided in par. (b), pursuant to s. 101.02 (7), Stats., no city, village, or town may enact or enforce an additional or more restrictive local ordinance that establishes minimum standards for constructing, altering, or adding to public buildings or buildings that are places of employment.
SPS 361.03 Note Note: 2013 Wisconsin Act 270 established a uniform commercial code. Municipalities with ordinances enacted before May 1, 2013 and approved by the department shall remain in effect. A complete list of department-approved municipal ordinances is available on the department's website at dsps.wi.gov.
SPS 361.03(5)(a)2. 2. Nothing in chs. SPS 361 to 366 affect the authority of a municipality to enact or enforce standards relative to land use, zoning, or regulations under ss. 59.69, 60.61, 60.62, 61.35, and 62.23 (7), Stats.
SPS 361.03(5)(b)1.1. Pursuant to s. 101.02 (7m), Stats., a city, village, town, or county may not enact or enforce additional or more restrictive standards for multifamily dwellings, except as provided under s. 101.975, Stats., and that do not conflict with chs. SPS 361 to 366.
SPS 361.03(5)(b)2. 2. Any municipality exercising or intending to exercise jurisdiction under chs. SPS 361 to 366 may apply to the department for a variance permitting the municipality to adopt an ordinance pertaining to multifamily dwellings not in conformance with chs. SPS 361 to 366. The department shall review and make a determination on a municipal request under this section within 60 business days of receipt of the request.
SPS 361.03(5)(b)3.a.a. The department may grant a municipal variance only where all of the conditions in subds. 3. b. and c. are demonstrated.
SPS 361.03(5)(b)3.b. b. The municipality demonstrates that the variance is necessary to protect the health, safety, and welfare of individuals within the municipality because of specific climate or soil conditions generally existing within the municipality.
SPS 361.03(5)(b)3.c. c. The municipality demonstrates that the granting of the variance, when viewed both individually and in conjunction with other variances requested by the municipality, does not impair the statewide uniformity of chs. SPS 361 to 366.
SPS 361.03(5)(b)3.d. d. Prior to making a determination on a municipal variance, the department shall solicit within the municipality and consider the statements of any interested persons as to whether the variance should be granted.
SPS 361.03(5)(b)3.e. e. This subdivision shall be strictly construed in accordance with the goal of promoting statewide uniformity.
SPS 361.03(5)(b)4. 4. Pursuant s. 101.121, Stats., a city, village, town, or county may not enact or enforce additional or more restrictive standards regarding issues addressed under chs. SPS 361 to 366 that would apply to alteration or change of occupancy for a historic building.
SPS 361.03(5)(b)5. 5. Pursuant to s. 101.02 (7e), Stats., no city, village, or town may enact or enforce an ordinance related to fire safety that prohibits the seasonal placement of a Christmas tree in a church.
SPS 361.03(6) (6)Alternatives. Nothing in chs. SPS 361 to 366 is intended to prohibit or discourage the design and utilization of new building products, systems, components, or alternate practices, provided written approval from the department is obtained first.
SPS 361.03 Note Note: Chapter SPS 361, subch. VI contains requirements for approval of building products and alternate standards.
SPS 361.03(7) (7)New buildings and structures. All buildings, structures and additions to buildings, structures, and components, to be constructed or erected shall be designed, constructed, and maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:
SPS 361.03(7)(a) (a) Pursuant to s. SPS 361.30, the date plans for the building, structure or addition are approved by the department or authorized representative.
SPS 361.03(7)(b) (b) The date the local building permit is issued, if plan submission and approval is not required under s. SPS 361.30.
SPS 361.03(7)(c) (c) The date construction is initiated, where pars. (a) and (b) do not apply.
SPS 361.03(8) (8)Alterations. All portions, elements, systems or components of existing buildings and structures to be altered or modified, where the alteration or the modification affects a building element or component relating to subject matters regulated by chs. SPS 361 to 366, shall be designed, constructed, and maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:
SPS 361.03(8)(a) (a) Pursuant to s. SPS 361.30, the date plans for the alteration or modification are approved by the department or authorized representative.
SPS 361.03(8)(b) (b) The date the local building permit is issued, if plan submission and approval is not required under s. SPS 361.30.
SPS 361.03(8)(c) (c) The date the alteration is initiated, where pars. (a) and (b) do not apply.
SPS 361.03(9) (9)Replacements. All building systems or components of existing buildings and structures to be replaced, where the replacement involves a building element or component relating to subject matters regulated by chs. SPS 361 to 366 shall conform and be maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:
SPS 361.03(9)(a) (a) Pursuant to s. SPS 361.30, the date plans for the replacement are approved by the department or authorized representative.
SPS 361.03(9)(b) (b) The date the local building permit is issued, if plan submission and approval is not required under s. SPS 361.30.
SPS 361.03(9)(c) (c) The date the replacement is initiated, where pars. (a) and (b) do not apply.
SPS 361.03(10) (10)Repairs. All portions, elements, systems or components of existing buildings and structures repaired shall conform and be maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:
SPS 361.03(10)(a) (a) The date plans for that portion, element, system or component was approved by the department or authorized representative.
SPS 361.03(10)(b) (b) The date the local building permit was issued for that portion, element, system or component, if plan submission and approval was not required.
SPS 361.03(10)(c) (c) The date construction was initiated for that portion, element, system or component, where pars. (a) and (b) do not apply.
SPS 361.03(10)(d) (d) The date repair is initiated.
SPS 361.03(11) (11)Change of occupancy or use. Except as provided in sub. (12), no change may be made in the use or occupancy of any building or structure, or any space within a building or structure, that would place the building, structure or space either in a different division of the same group of occupancies or in a different group of occupancies, unless the building, structure or space complies with the requirements of chs. SPS 361 to 366 for the new division or group of occupancies, as these requirements exist on one of the following dates:
SPS 361.03(11)(a) (a) Pursuant to s. SPS 361.30, the date when plans for the change in occupancy or use are approved by the department or authorized representative.
SPS 361.03(11)(b) (b) The date a local building permit is issued, if plan submittal and approval is not required under s. SPS 361.30.
SPS 361.03(11)(c) (c) The date construction is initiated, where pars. (a) and (b) do not apply.
SPS 361.03(11)(d) (d) The date an occupancy permit is issued, where pars. (a) to (c) do not apply.
SPS 361.03(12) (12)Temporary use. A municipal fire or building code official may permit a building or structure to be used temporarily by the public, subject to all of the following provisions:
SPS 361.03(12)(a) (a) The official shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use. This time frame may not exceed 180 days, except the official may grant extensions for demonstrated cause.
SPS 361.03(12)(b) (b) Except as provided in par. (c), buildings or spaces considered for temporary use shall conform to the requirements of chs. SPS 361 to 366 as necessary to ensure the public safety, health and general welfare.
SPS 361.03(12)(c) (c) The official may require additional safety requirements for a temporary use as a tradeoff for any safety provisions that may be lacking.
SPS 361.03(12)(d) (d) The official may terminate the approval for a temporary use at any time and order immediate discontinuance of the use or complete evacuation of the building or space.
SPS 361.03(13) (13)Existing buildings and structures.
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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.