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Subchapter I — Purpose, Scope and Application
SPS 367.01 Purpose.
SPS 367.02 Scope and application.
SPS 367.03 Transfers.
Subchapter II — Definitions
SPS 367.04 Definitions.
Subchapter III — Administration and Enforcement
SPS 367.05 Enforcement.
SPS 367.06 Issuance of certificate, waiver or stipulation.
SPS 367.07 Petition for variance.
SPS 367.08 Penalties.
Subchapter IV — Rental Unit Energy Efficiency Requirements
SPS 367.10 Application.
SPS 367.11 Energy efficiency requirements.
SPS 367.12 Performance energy efficiency requirements.
Ch. SPS 367 Note Note: Chapter ILHR 67 was renumbered to be chapter Comm 67 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490. Chapter Comm 67 as it existed on April 30, 2008, was repealed and a new chapter Comm 67 was created Register April 2008 No. 628, effective May 1, 2008. Chapter Comm 67 was renumbered chapter SPS 367 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 367 Subchapter I — Purpose, Scope and Application
SPS 367.01 SPS 367.01 Purpose. Pursuant to s. 101.122, Stats., the purpose of this chapter is to establish minimum energy efficiency requirements for rental units that must be met before the ownership of the rental unit may be transferred.
SPS 367.01 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08.
SPS 367.02 SPS 367.02 Scope and application.
SPS 367.02(1) (1)General. Except for the buildings and rental units identified in sub. (2), this chapter applies to all dwelling units that are not owner-occupied and all rental units.
SPS 367.02(2) (2)Exclusions. All of the following buildings and rental units are excluded from the requirements of this chapter:
SPS 367.02(2)(a) (a) Any building containing up to 4 dwelling units, one of which is owner-occupied.
SPS 367.02(2)(b) (b) Any building constructed after December 1, 1978, which contains up to 2 dwelling units.
SPS 367.02(2)(c) (c) Any building constructed after April 15, 1976, which contains more than 2 dwelling units.
SPS 367.02(2)(d) (d) Any dwelling unit not rented at any time from November 1 to March 31.
SPS 367.02(2)(e) (e) A building that is subject to a condominium declaration under ch. 703, Stats., and that contains 3 or more units, as defined in s. 703.02 (15), Stats.
SPS 367.02(2)(f) (f) Mobile homes and manufactured homes as specified under chs. SPS 320 to 325.
SPS 367.02(2)(g) (g) Buildings and facilities with dwelling units that are licensed by the department of health services.
SPS 367.02 Note Note: See chs. DHS 70, 75 and 82 relating to various types of group homes, ch. DHS 83 relating to community-based residential facilities, ch. DHS 89 relating to residential care apartments, ch. DHS 124 relating to hospitals, ch. DHS 132 relating to nursing homes, ch. DHS 195 relating to hotels, motels and tourist rooming houses, and ch. DHS 197 relating to bed and breakfast establishments.
SPS 367.02(2)(h) (h) Qualified historic buildings as defined under s. 101.121, Stats. Department form SBD-7728, verification of historic status, shall be filed with the department showing the building complies with the historic building requirements. When the verification form is received a satisfaction of compliance as specified in s. SPS 367.06 (5) will be issued by the department.
SPS 367.02 Note Note: Rental weatherization program forms are available at the Department's Web site at www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 367.02 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; correction in (2) (g) made under s. 13.92 (4) (b) 6., Stats; correction in (2) (f), (h) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 367.03 SPS 367.03 Transfers.
SPS 367.03(1)(1)General.
SPS 367.03(1)(a)(a) Except for the exclusions specified in par. (b), after January 1, 1985, no owner may transfer a rental unit unless one of the following applies:
SPS 367.03(1)(a)1. 1. A certificate of compliance has been issued by an inspector or the department as specified under s. SPS 367.06 (2).
SPS 367.03(1)(a)2. 2. A written waiver has been issued by the department or department agent as specified in s. SPS 367.06 (3).
SPS 367.03(1)(a)3. 3. A stipulation has been recorded as specified in s. SPS 367.06 (4).
SPS 367.03(1)(a)4. 4. A satisfaction of compliance has been issued by the department as specified in s. SPS 367.06 (5).
SPS 367.03(1)(b) (b) The requirements under par. (a) do not apply to any of the following:
SPS 367.03(1)(b)1. 1. Conveyances that are exempt from the real estate transfer fee as specified under s. 77.25, (1), and (2r) to (21), Stats.
SPS 367.03 Note Note: Section 77.25, (1), and (2r) to (21) Stats. reads: "Exemption from fee. The fees imposed by this subchapter do not apply to a conveyance:
SPS 367.03 Note (1) Prior to October 1, 1969.
SPS 367.03 Note(2r) Under s. 236.29 (1) or (2) or 236.34 (1) (e) or for the purpose of a road, street or highway, to the United States or to this state or to any instrumentality, agency or subdivision of either.
SPS 367.03 Note (3) Which, executed for nominal, inadequate or no consideration, confirms, corrects or reforms a conveyance previously recorded.
SPS 367.03 Note (4) On sale for delinquent taxes or assessments.
SPS 367.03 Note (5) On partition.
SPS 367.03 Note (6) Pursuant to mergers of corporations.
SPS 367.03 Note (6d) Pursuant to partnerships registering as limited liability partnerships under s. 178.40.
SPS 367.03 Note (6m) Pursuant to the conversion of a business entity to another form of business entity under s. 179.76, 180.1161, 181.1161, or 183.1207, if, after the conversion, the ownership interests in the new entity are identical with the ownership interests in the original entity immediately preceding the conversion.
SPS 367.03 Note (7) By a subsidiary corporation to its parent for no consideration, nominal consideration or in sole consideration of cancellation, surrender or transfer of capital stock between parent and subsidiary corporation.
SPS 367.03 Note (8) Between parent and child, stepparent and stepchild, parent and son-in-law or parent and daughter-in-law for nominal or no consideration.
SPS 367.03 Note (8m) Between husband and wife.
SPS 367.03 Note (9) Between agent and principal or from a trustee to a beneficiary without actual consideration.
SPS 367.03 Note (10) Solely in order to provide or release security for a debt or obligation.
SPS 367.03 Note (11) By will, descent or survivorship.
SPS 367.03 Note (12) Pursuant to or in lieu of condemnation.
SPS 367.03 Note (13) Of real estate having a value of $100 or less.
SPS 367.03 Note (14) Under a foreclosure or a deed in lieu of a foreclosure to a person holding a mortgage or to a seller under a land contract.
SPS 367.03 Note (15) Between a corporation and its shareholders if all of the stock is owned by persons who are related to each other as spouses, as lineal ascendants, lineal descendants or siblings, whether by blood or by adoption, or as spouses of siblings, if the transfer is for no consideration except the assumption of debt or stock of the corporation and if the corporation owned the property for at least 3 years.
SPS 367.03 Note (15m) Between a partnership and one or more of its partners if all of the partners are related to each other as spouses, as lineal ascendants, lineal descendants of siblings, whether by blood or by adoption, or as spouses of siblings and if the transfer is for no consideration other than the assumption of debt or an interest in the partnership.
SPS 367.03 Note (15s) Between a limited liability company and one or more of its members if all of the members are related to each other as spouses, as lineal ascendants, lineal descendants or siblings, whether by blood or by adoption, or as spouses of siblings and if the transfer is for no consideration other than the assumption of debt or an interest in the limited liability company.
SPS 367.03 Note (16) To a trust if a transfer from the grantor to the beneficiary of the trust would be exempt under this section.
SPS 367.03 Note (17) Of a deed executed in fulfillment of a land contract if the proper fee was paid when the land contract or an instrument evidencing the land contract was recorded.
SPS 367.03 Note(18) To a local exposition district under subch. II of ch. 229.
SPS 367.03 Note(20) Made under s. 184.15.
SPS 367.03 Note (21) Of transmission facilities or land rights to the transmission company, as defined in s. 196.485 (1) (ge), under s. 196.485 (5) (b) or (c) or (6) (a) 1. in exchange for securities, as defined in s. 196.485 (1) (fe)."
SPS 367.03(1)(b)2. 2. Conveyances relating to probate as specified under chs. 851 to 879, Stats.
SPS 367.03(1)(b)3. 3. Conveyances resulting from involuntary merger or liquidation of financial institutions.
SPS 367.03(1)(b)4. 4. Conveyances pursuant to property division under ch. 767, Stats., relating to divorce.
SPS 367.03(1)(b)5. 5. Conveyances to trustees in court-declared bankruptcies, provided that before subsequent transfer, the transferee presents a stipulation as described in this chapter, and that compliance shall be no later than one year after date of the subsequent transfer.
SPS 367.03(1)(b)6. 6. Conveyances pursuant to condominium declaration under ch. 703, Stats.
SPS 367.03(1)(b)7. 7. Conveyances in a court declared bankruptcy to a party with a previous interest in the property.
SPS 367.03(1)(b)8. 8. Conveyances to cooperative housing ownership.
SPS 367.03(2) (2)Multiple use occupancy. Any building, at the time of transfer, that contains a rental unit, which is not excluded under s. SPS 367.02 (2), and is located in a building with a different occupancy, shall comply with one of the following:
SPS 367.03(2)(a) (a) If the rental unit comprises more than 50% of the total gross area of the building, the entire building shall be made to conform to the requirements of this chapter.
SPS 367.03(2)(b) (b) If the rental unit comprises 50% or less of the total gross area of the building, only the rental unit portion of the building shall be made to conform to the requirements of this chapter.
SPS 367.03(3) (3)Rental units in condominiums. Any unit within a one-family or two-family condominium, as defined under s. 703.02 (15), Stats., which is a rental unit, shall, at the time of transfer, be brought into compliance with the requirements of subch. IV. The requirements of subch. IV shall apply to all building elements of the individual unit as defined in s. 703.02 (15), Stats., but not to the common elements which are defined in s. 703.02 (2), Stats., and contained in the condominium declaration as outlined in s. 703.09, Stats.
SPS 367.03 Note Note: The definitions of s. 703.02, Stats., which are referred to above, are as follows: "Common elements" means all of a condominium except its units; and "Unit" means a part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors (or parts thereof) in a building. A unit may include 2 or more noncontiguous areas.
SPS 367.03(4) (4)Local ordinances. After the effective date of this chapter, no municipality may enforce a code or ordinance of minimum energy efficiency requirements for rental units in the municipality unless the energy efficiency requirements of the code or ordinance are at least as strict as the energy efficiency requirements specified in this chapter.
SPS 367.03 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (1) (a) 1., 2., 3., 4., (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. II of ch. SPS 367 Subchapter II — Definitions
SPS 367.04 SPS 367.04 Definitions. In this chapter:
SPS 367.04(1) (1) "Accessible" means capable of being reached without removal or alteration of any part or parts of the permanent structure finish materials or paved sidewalk or driveway. Cavities under floors in unfinished attic areas are accessible.
SPS 367.04(2) (2) "Box sill" means that portion of the building envelope between the top of the foundation wall and the sub-floor immediately above, or the perimeter of the floor joists.
SPS 367.04(3) (3) "Condominium" means a multiple dwelling unit building in which there is separate ownership of individual dwelling units, as created by ch. 703, Stats.
SPS 367.04(4) (4) "Crawl space" means an unfinished space of less than full story height below the first or ground floor. Crawl spaces may be vented or unvented to the outside.
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