Wisconsin Legislature: SPS 362.0202(1)

Ch. SPS 362 Note Note: Chapter Comm 62 as it existed on June 30, 2002 was repealed and a new chapter Comm 62 was created, Register December 2001 No. 552, effective July 1, 2002. Chapter Comm 62 was renumbered chapter SPS 362 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

Ch. SPS 362 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.

SPS 362.0100 SPS 362.0100 Administration. The requirements in IBC chapter 1 are not included as part of chs. SPS 361 to 366.

SPS 362.0100 Note Note: The sections in this chapter are generally numbered to correspond with the section numbering in the IBC, e.g., s. SPS 362.0202 corresponds to IBC section 202.

SPS 362.0100 Note Note: As used throughout chs. SPS 361 to 366, “not included as part of chs. SPS 361 to 366” is intended to convey that the referenced requirements are not incorporated, and therefore cannot be enforced through chs. SPS 361 to 366. However, local ordinances may include the referenced requirements, as specified in s. SPS 361.03.

SPS 362.0100 Note Note: IBC section 101.2 addresses the scope of the IBC. For the scope of the Wisconsin Commercial Building Code, see s. SPS 361.02. Three or more attached townhouses, as referenced in an exception under IBC section 101.2, are included within the scope listed in s. SPS 361.02. Detached one- and two-family dwellings, as likewise referenced in an exception under IBC section 101.2, and elsewhere in the IBC, are not included within the scope listed in s. SPS 361.02, but are regulated in Wisconsin by chs. SPS 320 to 325, in accordance with subch. II of ch. 101, Stats.

SPS 362.0100 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 01-139: renum. (1) and (2) to be Comm 62.0100 and Comm 62.0115 Register June 2002 No. 558, eff. 7-1-02; CR 04-016: am. Register December 2004 No. 588, eff. 1-1-05; CR 06-120: am. Register February 2008 No. 626, eff. 3-1-08; CR 16-094: am., Register April 2018 No. 748 eff. 5-1-18.

SPS 362.0202 SPS 362.0202 Definitions.

SPS 362.0202(1)(1) Additions. These are department definitions for this chapter in addition to the definitions in IBC section 202:

SPS 362.0202(1)(a) (a) “High-piled combustible storage” means storage of combustible materials in closely packed piles or on pallets, racks, or shelves where the top of storage is greater than 12 feet in height. When required by the fire code official, high-piled combustible storage also includes certain high-hazard commodities, such as rubber tires, Group A plastics, flammable liquids, idle pallets, and similar commodities, where the top of storage is greater than 6 feet in height.

SPS 362.0202(1)(b) (b) “Neutral plane for a deep foundation” means the level at which drag load, accumulated from the top down, added to the long-term static service load, equals the upward acting shaft resistance accumulated from the bottom up, added to the deep foundation's toe resistance.

SPS 362.0202(1)(c) (c) “Self-service storage facility” has the meaning given in s.704.90 (1) (g), Stats.

SPS 362.0202(2) (2) Substitutions. Substitute the following definitions for the corresponding definition in IBC section 202:

SPS 362.0202(2)(a) (a) “Approved” means acceptable to the department.

SPS 362.0202(2)(b) (b) “Automatic sprinkler system” or “automated fire sprinkler system” has the meaning given in s. 145.01 (2), Stats.

SPS 362.0202 Note Note: Section 145.01 (2), Stats., reads as follows: “ `Automatic fire sprinkler system,' for fire protection purposes, means an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The system includes a suitable water supply, such as a gravity tank, fire pump, reservoir or pressure tank or connection beginning at the supply side of an approved gate valve located at or near the property line where the pipe or piping system provides water used exclusively for fire protection and related appurtenances and to standpipes connected to automatic sprinkler systems. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building,structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area."

SPS 362.0202(2)(c) (c) “Commercial motor vehicle” means a motor vehicle used to transport passengers or property if the motor vehicle meets either of the following:

SPS 362.0202(2)(c)1. 1. The vehicle has a gross vehicle weight rating of 26,000 pounds or more.

SPS 362.0202(2)(c)2. 2. The vehicle is designed to transport 16 or more passengers including the driver.

SPS 362.0202(2)(d) (d) “Fire area” means the aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls, or fire-resistance-rated horizontal assemblies of a building.

SPS 362.0202(2)(e) (e) “Fire separation distance” means the distance measured at right angles from the face of the building wall to one of the following:

SPS 362.0202(2)(e)1. 1. The closest interior lot line.

SPS 362.0202(2)(e)2. 2. A permanent no-build easement line.

SPS 362.0202(2)(e)3. 3. The centerline of a street, an alley, or a public way.

SPS 362.0202(2)(e)4. 4. An imaginary line between two buildings on the same property.

SPS 362.0202(2)(f) (f) “Fuel-burning appliance” means a device that is installed in a building and burns fossil-fuel or carbon-based fuel when carbon dioxide is a combustion by-product, including ranges, ovens, grills, clothes dryers, furnaces, boilers, water heaters, heaters, fireplaces, and stoves.

SPS 362.0202(2)(g) (g) “Immediately dangerous to life and health (IDLH)” means a concentration of air-borne contaminants that poses a threat of death, immediate or delayed permanent adverse health effects, or effects that could prevent escape from such an environment. This contaminant concentration level is established by the National Institute of Occupational Safety and Health based on both toxicity and flammability. It generally is expressed in parts per million by volume, or milligrams per cubic meter.

SPS 362.0202(2)(h) (h) “Live/work unit” means a dwelling unit that includes a “home-based business” as defined in s. SPS 361.04 (3m).

SPS 362.0202 Note Note: SPS 361.04 (3m) reads as follows: “Home-based business” 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 362.0202 Note (a) Explosives, fireworks, or repair of motor vehicles.

SPS 362.0202 Note (b) More than 25% of the habitable floor area of the dwelling unit.

SPS 362.0202(2)(i) (i) “Sealed combustion appliance” means a listed appliance that acquires all air for combustion though a dedicated sealed passage from the outside to a sealed combustion chamber and all combustion products are vented to the outside through a separate dedicated sealed vent.

SPS 362.0202(3) (3) Deletions. The following terms and corresponding definitions in IBC section 202 are not included as part of chs. SPS 361 to 366: approved agency, approved fabricator, base flood, base flood elevation, certificate of compliance, design flood, design flood elevation, designated seismic system, dry floodproofing, fabricated item, label, lowest floor, manufacturer's designation, mark, special flood hazard area, special inspection, sprayed fire-resistant materials, start of construction, and structural observation.

SPS 362.0202 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 01-139: renum. (1) (b) to be (2) (c) and renum. (1) (c) to (k) to be (1) (b) to (j) Register June 2002 No. 558, eff. 7-1-02; CR 04-016: am. (1) (a), renum. (1) (b) to (j) to be (1) (c) to (j) and Comm 61.04 (4), cr. (1) (b) and (3), r. and cr. (2) (b) Register December 2004 No. 588, eff. 1-1-05; CR 06-120: am. (1) (intro.) and (3), renum. (1) (c), (d) and (e) to (j) to be Comm 61.04 (5), (6) and (8) to (13) and am. (5) and (8) to (11) Register February 2008 No. 626, eff. 3-1-08; correction made in (2) (c) under. s. 13.92 (4) (b) 7., Stats., Register February 2008 No. 626, eff. 3-1-08; CR 10-103: r. and recr. (1), (2) Register August 2011 No. 668, eff. 9-1-11; CR 16-094: renum. (1) to (1) (intro.), (a) and am., cr. (1) (b), (c), renum. (2) to (2) (intro.), (a) and am., cr. (2) (b) to (i), am. (3), Register April 2018 No. 748 eff. 5-1-18; correction in (2) (h) made under s. 35.17, Stats.

SPS 362.0306 SPS 362.0306 Cheese factories classified as F-2 occupancy. This is a department rule in addition to the examples in IBC section 306.3: Cheese factory.

SPS 362.0306 History History: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18.

SPS 362.0307 SPS 362.0307 Pyrophoric materials. This is a department informational note to be used under IBC section 307.4: Note: See ch. SPS 314 for additional requirements for pyrophoric materials.

SPS 362.0307 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08.

SPS 362.0308 SPS 362.0308 Classification of institutions with 5 or fewer persons receiving medical care. Substitute the following wording for IBC section 308.4.2: Five or fewer persons receiving medical care. A facility with 5 or fewer persons receiving medical care shall be classified as Group R-3.

SPS 362.0308 History History: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18.

SPS 362.0310 SPS 362.0310 Use and occupancy classification. This is a department informational note to be used under IBC section 310.2: Note: See s. SPS 361.02 Notes for statutory definitions of adult family home and community-based residential facility. See s. SPS 361.04 for definitions of dwelling unit and multifamily dwelling.

SPS 362.0310 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: renum. to be (2), cr. (1) Register December 2004 No. 588, eff. 1-1-05; CR 06-120: r. (1), renum. (2) to be Comm 62.0310 Register February 2008 No. 626, eff. 3-1-08.

SPS 362.0400 SPS 362.0400 Special detailed requirements based on use and occupancy. These are department rules in addition to the requirements in IBC chapter 4:

SPS 362.0400(1) (1) Fireworks, black powder and explosive materials. Fireworks, black powder and explosive materials shall be stored and isolated in accordance with ch. SPS 314.

SPS 362.0400 Note Note: Pursuant to s. 167.10 (6) (d), Stats., no wholesaler, dealer or jobber may store fireworks within 50 feet of a dwelling.

SPS 362.0400(2) (2) Recycling space. An owner of a building shall provide a separate room or designated space within or adjacent to the building for the separation, temporary storage and collection of recyclable materials that are likely to be generated by the building occupants, under any of the following conditions:

SPS 362.0400(2)(a) (a) The construction of a new building.

SPS 362.0400 Note Note: See Appendix for guidelines for recommended designated areas.

SPS 362.0400 Note Note: The collection and temporary storage of recyclable materials that are flammable or combustible is regulated by ch. SPS 314. Storage of liquids that are flammable or combustible is regulated by ch. ATCP 93. Owners of buildings where these materials are stored should consult those chapters for isolation, removal, and storage standards.

SPS 362.0400(3) (3) Lunchrooms. A space for eating lunches shall be provided in all places of employment where there is exposure to injurious dusts, toxic material and industrial poisons. Such space shall be physically separate from any location where there is exposure to toxic materials. Toilet rooms shall not be permitted to serve as lunchrooms.

SPS 362.0400(4) (4) Community-based residential facilities. A newly constructed building or portion thereof that is a community-based residential facility serving 5 to 8 unrelated adults shall comply with chs. SPS 320 to 325 instead of all other requirements of chs. SPS 361 to 366.

SPS 362.0400(5) (5) No-smoking signs. No-smoking signs shall include the international “No Smoking" symbol consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette.

SPS 362.0400(6) (6) Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 100 pounds per square foot, such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

SPS 362.0400 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: am. (4) Register December 2004 No. 588, eff. 1-1-05; CR 06-120: am. (1), r. (2) (b) and (c) Register February 2008 No. 626, eff. 3-1-08; correction in (2) made under s. 13.92 (4) (b) 1., Stats., Register February 2008 No. 626; CR 09-104: cr. (5) Register December 2010 No. 660, eff. 1-1-11; CR 10-103: renum. (6) from Comm 62.1603 (5) and am. Register August 2011 No. 668, eff. 9-1-11; correction in (1), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 16-094: am. (4), Register April 2018 No. 748 eff. 5-1-18.

SPS 362.0401 SPS 362.0401 Chapter ATCP 93 compliance. This is a department informational note to be used under IBC section 401.1: Note: See ch. ATCP 93 for additional requirements relating to motor fuel dispensing facilities and repair garages and to the storage, handling, processing and transporting of flammable, combustible and hazardous liquids.

SPS 362.0401 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; correction in (title) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 362.0412 SPS 362.0412 Aircraft storage.

SPS 362.0412(1) (1) Substitute the following wording for exception 1 in IBC section 412.4.4: Heating equipment that is suspended at least 10 feet above the upper surface of wings or engine enclosures of the highest aircraft which may be housed in the hangar; or at least 8 feet above the floor in shops, offices, and other sections of the hangar communicating with storage or service areas.

SPS 362.0412(2) (2) Substitute the following wording for the requirements, but not the exception, in IBC section 412.4.3: Floor surface. Floors shall be graded and drained to meet the requirements of ch. SPS 382.

SPS 362.0412 History History: CR 04-016: cr. Register December 2004 No. 588, eff. 1-1-05; CR 16-094: renum. 362.0412 to 362.0412 (1) and am., cr. (2) Register April 2018 No. 748 eff. 5-1-18.

SPS 362.0415 SPS 362.0415 Hazardous materials.

SPS 362.0415(1)(1) Substitute the definition in s. SPS 362.0202 (2) (g) for the corresponding definition in IBC section 415.2: “Immediately dangerous to life and health (IDLH).”

SPS 362.0415(2) (2) This is a department rule in addition to the requirements in IBC section 415: A magazine for detonators in quantities of 100 or less shall have sides, bottoms and doors constructed of not less than number 12-gauge metal and lined with a nonsparking material. Hinges and hasps shall be attached so they cannot be removed from the outside. One steel padlock, which need not be protected by a steel hood, having at least 5 tumblers and a case-hardened shackle of at least 3/8 inch diameter shall be provided for locking purposes.

SPS 362.0415 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: renum. to (1), cr. (2) Register December 2004 No. 588, eff. 1-1-05; CR 06-120: r. and recr. (2) Register February 2008 No. 626, eff. 3-1-08; CR 16-094: am. (1) Register April 2018 No. 748 eff. 5-1-18.

SPS 362.0423 SPS 362.0423 Storm shelters. The requirements in IBC sections 423.3 and 423.4 are not included as part of chs. SPS 361 to 366.

SPS 362.0423 History History: CR 16-094: cr. Register April 2018 No. 748 eff. 5-1-18.

SPS 362.0504 SPS 362.0504 Building height and number of stories. The following is a department exception to the requirements in IBC section 504: The requirements in IBC section 504 do not apply to buildings and structures listed under SPS 362.0903 (18) (b) 2.

SPS 362.0504 History History: CR 16-094: cr. Register April 2018 No. 748 eff. 5-1-18.