Feed for /code/admin_code/sps/safety_and_buildings_and_environment/361_366/362 PDF
SPS 362.1107(2)(c) (c) Group R-3. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.3: In Group R-3 occupancies where there are three or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(2)(d) (d) Group R-4. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.4.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.
SPS 362.1107(3) (3)Site impracticality.
SPS 362.1107(3)(a)(a) Petition for variance. This is a department rule in addition to the requirements in IBC section 1107.7.4: In accordance with s. 101.132 (2) (b) 4. and (c) 2., Stats., the owner may use the petition for variance procedure specified in s. SPS 361.22 to request a reduction in the number of Type A or Type B dwelling units due to site impracticality.
SPS 362.1107 Note Note: The Department may grant a variance in accordance with ch. SPS 303 which requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days. The SBD-9890 form is available at the Department's Web site at www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 362.1107(3)(b) (b) Condition. Substitute the following wording for condition 1 under IBC section 1107.7.4: Not less than 50% of the units required by IBC section 1107.7.1 on the site are Type A or Type B units.
SPS 362.1107 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: cr. (2) (c), am. (title), (1) (a) to (c), (2) (a), (3) (a), (3) (b) (title), renum. (2) (c) to be (2) (d) Register August 2011 No. 668, eff. 9-1-11; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 362.1110 SPS 362.1110 Signage.
SPS 362.1110(1)(1) Signs.
SPS 362.1110(1)(a)(a) General. Substitute the following wording for the requirements for location 1 in IBC section 1110.1: Except as specified par. (b), accessible parking spaces required in IBC section 1106 for the general public shall be identified with a sign complying with the accessible parking sign requirements specified in s. Trans 200.07.
SPS 362.1110(1)(b) (b) Exceptions.
SPS 362.1110(1)(b)1.1. `Small parking facilities.' Accessible parking spaces required by IBC section 1106.1 are not required to be signed when the total number of parking spaces provided is four or less.
SPS 362.1110(1)(b)2. 2. `Employee and resident parking.' Accessible parking facilities identified for use only by employees of any building or facility or by tenants in Group R-2 occupancies may be identified with signs other than the s. Trans 200.07 signs.
SPS 362.1110(2) (2)Directional signage.
SPS 362.1110(2)(a)(a) Substitute the following wording for the introductory paragraph of IBC section 1110.2: Signage indicating directional information or information about functional spaces or signage indicating special accessibility provisions shall comply with ICC A117.1 and be provided at the following locations:
SPS 362.1110(2)(b) (b) This is a department informational note to be used under IBC section 1110.3.
SPS 362.1110 Note Note: Refer to s. SPS 362.0400 (5) for requirements for no-smoking signs.
SPS 362.1110 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: am. (1) (title), (2) (title), (a) Register August 2011 No. 668, eff. 9-1-11.
SPS 362.1200 SPS 362.1200 Carbon monoxide alarms. These are department rules in addition to the requirements in IBC chapter 12:
SPS 362.1200(1) (1)Definitions. In this section:
SPS 362.1200(1)(a) (a) "Dwelling unit" has the meaning as given in s. 101.61 (1), Stats.
SPS 362.1200 Note Note: Section 101.61 (1), Stats., reads: "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
SPS 362.1200(1)(b) (b) "Fuel-burning appliance" means a device that is installed in a building and burns fossil-fuel or carbon based fuel where carbon monoxide is a combustion by-product, including stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, heaters, fireplaces and stoves.
SPS 362.1200(1)(c) (c) "Residential building" has the meaning as given in s. 101.149 (1) (b), Stats.
SPS 362.1200 Note Note: Section 101.149 (1) (b), Stats., reads: "Residential building" means a tourist rooming house, a bed and breakfast establishment, or any public building that is used for sleeping or lodging purposes. "Residential building" does not include a hospital or nursing home.
SPS 362.1200(1)(d) (d) "Sealed combustion appliance" means a listed appliance that acquires all air for combustion through 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 362.1200(1)(e) (e) "Sleeping area" has the meaning as given in s. 101.145 (1) (b), Stats.
SPS 362.1200 Note Note: Section 101.145 (1) (b), Stats., reads: "Sleeping area" means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.
SPS 362.1200(2) (2)Installation.
SPS 362.1200(2)(a)1.1. Listed and labeled carbon monoxide alarms or detectors shall be installed at locations specified in s. 101.149 (2), Stats., and maintained in accordance with s. 101.149 (3), Stats., in buildings, including buildings existing on October 1, 2008, which are residential buildings or include residential buildings, and contain fuel-burning appliances, except as provided in subd. 5.
SPS 362.1200 Note Note: Section 101.149 (2) and (3), Stats., reads:
SPS 362.1200 Note (2) Installation requirements. (a) Except as provided in par. (b), the owner of a residential building shall install a carbon monoxide detector in all of the following places not later than the date specified under par. (c):
SPS 362.1200 Note 1. In the basement of the building if the basement has a fuel-burning appliance.
SPS 362.1200 Note 2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance.
SPS 362.1200 Note 3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit that has a fuel-burning appliance.
SPS 362.1200 Note 4. In each room that has a fuel-burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more than 75 feet from the fuel-burning appliance.
SPS 362.1200 Note 5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, except that, if there is no electrical outlet within this distance, the owner shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.
SPS 362.1200 Note (b) If a unit is not part of a multiunit building, the owner of the residential building need not install more than one carbon monoxide detector in the unit.
SPS 362.1200 Note (c) 1. Except as provided under subd. 2., the owner of a residential building shall comply with the requirements of this subsection before the building is occupied.
SPS 362.1200 Note 2. The owner of a residential building shall comply with the requirements of this subsection not later than April 1, 2010, if construction of the building was initiated before October 1, 2008, or if the department approved the plans for the construction of the building under s. 101.12, Stats., before October 1, 2008.
SPS 362.1200 Note (d) Any carbon monoxide detector that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection.
SPS 362.1200 Note (e) The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector.
SPS 362.1200 Note (3)Maintenance requirements. (a) The owner of a residential building shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector.
SPS 362.1200 Note (b) An occupant of a unit in a residential building may give the owner of the residential building written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The owner of the residential building shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice.
SPS 362.1200 Note (c) The owner of a residential building is not liable for damages resulting from any of the following:
SPS 362.1200 Note 1. A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the residential building.
SPS 362.1200 Note 2. The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner or the result of a faulty alarm that was reasonably maintained by the owner as required under par. (a).
SPS 362.1200(2)(a)2. 2. The installation of carbon monoxide alarms or detectors in accordance with s. 101.149 (2) and (3), Stats., shall be throughout the entire building where a portion of the building includes a residential building.
SPS 362.1200(2)(a)3. 3. The installation of carbon monoxide alarms or detectors in adjacent units required under s. 101.149 (2) (a) 3., Stats., shall apply to those units located on the same floor level.
SPS 362.1200(2)(a)4. 4. The 75-foot installation limit specified under s. 101.149 (2) (a) 5., Stats., shall be measured from the door of the unit along the hallway leading from the unit.
SPS 362.1200(2)(a)5. 5. The installation of carbon monoxide alarms or detectors is not required in buildings if construction of the building was initiated before October 1, 2008, or if the department approved the plans for the construction of the building under s. SPS 361.30, provided the building does not have an attached enclosed garage and either of the following circumstances applies:
SPS 362.1200(2)(a)5.a. a. All of the fuel-burning appliances in the building are of a sealed-combustion type that are covered by the manufacturers' warranties against defects.
SPS 362.1200(2)(a)5.b. b. All of the fuel-burning appliances in the building are of sealed-combustion type that are inspected in accordance with sub. (3) or rules promulgated by the department of health services under s. 254.74 (1) (am), Stats.
SPS 362.1200(2)(a)6.a.a. For the purposes of s. 101.149 (2) (a) 4., Stats., "room" means an enclosed area affording space for any other human activity besides just servicing mechanical equipment, including fuel-burning appliances.
SPS 362.1200(2)(a)6.b. b. For the purposes of s. 101.149 (2) (a) 4., Stats., where a fuel-burning appliance is located within a closet or other enclosure affording space only for the appliance and any other mechanical equipment, a carbon monoxide alarm or detector shall be installed either within or outside of the enclosure. Installation may be within the enclosure only if specifically permitted by the manufacturer of the alarm or detector. Installation outside of the enclosure shall be within 75 feet of the appliance in a space adjacent to the enclosure and on the same floor as the appliance.
SPS 362.1200(2)(b)1.1. Carbon monoxide alarms shall conform to UL 2034.
SPS 362.1200(2)(b)2. 2. Carbon monoxide alarms shall be listed and labeled identifying conformance to UL 2034.
SPS 362.1200(2)(b)3. 3. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall conform to UL 2075.
SPS 362.1200(2)(c) (c) Carbon monoxide alarms to be installed in a building shall be wired to the building's electrical service and include battery secondary power supplies, if either of the following conditions applies:
SPS 362.1200(2)(c)1. 1. Plans for the construction of the building were submitted for review under s. SPS 361.30 on or after October 1, 2008.
SPS 362.1200(2)(c)2. 2. Construction of the building was initiated on or after October 1, 2008, if plans were not required to be submitted and approved under s. SPS 361.30.
SPS 362.1200(2)(d) (d) Carbon monoxide alarms to be installed within a dwelling unit shall be interconnected so that activation of one alarm will cause activation of all alarms within the dwelling unit, if either of the following conditions applies:
SPS 362.1200(2)(d)1. 1. Plans for the construction of the building were submitted for review under s. SPS 361.30 on or after October 1, 2008.
SPS 362.1200(2)(d)2. 2. Construction of the building was initiated on or after October 1, 2008, if plans were not required to be submitted and approved under s. SPS 361.30.
SPS 362.1200(3) (3)Inspection of sealed combustion appliances.
SPS 362.1200(3)(a)(a) The owner of a building or their agent shall arrange the inspection of sealed combustion appliances and the vents and chimneys serving the appliances under sub. (2) (a) 5. b.
SPS 362.1200(3)(b) (b) Pursuant to sub. (2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be for the purpose of determining carbon monoxide emission levels.
SPS 362.1200(3)(c) (c) Pursuant to sub. (2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be performed at least once a year.
SPS 362.1200(3)(d) (d) For the propose of sub. (2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be performed by an individual who holds a certification issued under s. SPS 305.71 as an HVAC qualifier.
SPS 362.1200(3)(e) (e) If upon inspection, the carbon monoxide emissions from a fuel burning appliance, vent or chimney are not within manufacturer's specifications, the appliance may not be operated until repaired or carbon monoxide alarms or detectors are installed in accordance with s. 101.149 (2) and (3), Stats.
SPS 362.1200(4) (4)Orders. Pursuant to s. 101.149 (6) (b), Stats., the department may issue orders for a violation of the provisions of this section.
SPS 362.1200(5) (5)Penalties. Violation of the provisions of this section shall be subject to the penalties provided under s. 101.149 (8), Stats.
SPS 362.1200 Note Note: Section 101.149 (8), Stats., reads:
SPS 362.1200 Note (8) PENALTIES. (a) If the department of safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.
SPS 362.1200 Note (b) If a person is charged with more than one violation of sub. (2) or (3) arising out of an inspection of a building owned by that person, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture under par. (a).
SPS 362.1200 Note (c) Whoever violates sub. (4) is subject to the following penalties:
SPS 362.1200 Note 1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.
SPS 362.1200 Note 2. For a 2nd or subsequent offense, the person is guilty of a Class I felony.
SPS 362.1200 History History: EmR0826: emerg. cr. eff. 10-1-08; CR 08-085: cr. Register May 2009 No. 641, eff. 6-1-09; corrections in (3) (a) to (d) and (4) made under s. 13.92 (4) (b) 2. and 7., Stats., Register May 2009 No. 641; CR 09-104: cr. (2) (a) 6. Register December 2010 No. 660, eff. 1-1-11; CR 10-103: am. (2) (a) 1., (3) (d) Register August 2011 No. 668, eff. 9-1-11; correction in (2) (a) 5., (c) 1., 2., (d) 1., 2., (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 362.1204 SPS 362.1204 Interior environment. Substitute the following wording for the requirements and exception in IBC section 1204.1: Interior spaces intended for human occupancy shall conform to the IMC.
SPS 362.1204 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 06-120: renum. Comm 62.1203 to be Comm 62.1204 and am. Register February 2008 No. 626, eff. 3-1-2008.
SPS 362.1206 SPS 362.1206 Court drainage. Substitute the following wording and informational note for the requirements in IBC section 1206.3.3: The bottom of every court shall be properly graded and drained.
SPS 362.1206 Note Note: See ch. SPS 382 for requirements for storm water piping.
SPS 362.1206 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 06-120: renum. Comm 62.1205 to be Comm 62.1206 and am. Register February 2008 No. 626, eff. 3-1-08.
SPS 362.1210 SPS 362.1210 Toilet rooms. These are department rules in addition to the requirements in IBC section 1210.5:
SPS 362.1210(1) (1)Privacy and access. Every toilet room shall be enclosed and separated from other areas of the building in a manner that will ensure privacy of the users of the toilet rooms. Restriction of access to toilet rooms, such as by use of key locks or other similar devices, is prohibited, except as provided in sub. (2).
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