Feed for /code/admin_code/sps/safety_and_buildings_and_environment/367_374/367 PDF
SPS 367.04(10) (10) "Gross area" means the occupied or usable floor area in a building but not including space occupied by columns, walls, partitions, mechanical shafts or ducts.
SPS 367.04(11) (11) "Gross floor area" means the sum of the floor areas of the spaces within the building including basements, mezzanine and intermediate-floored tiers, and penthouses of headroom height 7.5 feet or greater.
SPS 367.04(12) (12) "Habitable room" means any room used for sleeping, living or dining purposes, excluding such enclosed places as kitchens, closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces.
SPS 367.04(13) (13) "Inspector" means a person certified in accordance with ch. SPS 305 to perform inspections for energy efficiency in rental units.
SPS 367.04(14) (14) "Municipality" means a city, village or town.
SPS 367.04(15) (15) "Owner" has the meaning given under s. 101.122 (1) (d), Stats.
SPS 367.04 Note Note: Under s. 101.122 (1) (d), Stats., "owner" means any person having a legal or equitable interest in a rental unit.
SPS 367.04(16) (16) "Owner-occupied" includes any dwelling unit that is used exclusively as the primary or secondary residence by the owner within the first year immediately after the date of transfer. An owner may claim not more than 2 dwelling units as owner-occupied.
SPS 367.04(17) (17) "Rental unit" has the meaning given under s. 101.122 (1) (e), Stats.
SPS 367.04 Note Note: Under Section 101.122 (1) (e), Stats., "Rental unit" means any rented dwelling units. "Rental unit" does not include:
SPS 367.04 Note 1. Any building containing up to 4 dwelling units, one of which is owner-occupied.
SPS 367.04 Note 2. Any building constructed after December 1, 1978, which contains up to 2 dwelling units.
SPS 367.04 Note 3. Any building constructed after April 15, 1978, which contains more than 2 dwelling units.
SPS 367.04 Note 4. Any dwelling unit not rented at any time from November 1 to March 31.
SPS 367.04 Note5. A building that is subject to a condominium declaration under ch. 703 and that contains 3 or more units, as defined in s. 703.02 (15).
SPS 367.04(18) (18) "R-value" means a measure of the ability of materials to retard the flow of heat. The R-value is the reciprocal of a heat transfer coefficient or thermal transmittance, expressed by U; R = 1/U.
SPS 367.04(19) (19) "Thermal envelope" means the collective assemblies of a building that enclose the heated, unvented spaces. The components that make up the thermal envelope form a continuous, unbroken surface.
SPS 367.04 Note Note: The higher the R-value of a material, the more difficult it is for heat to flow through the material.
SPS 367.04(20) (20) "Transfer" has meaning given under s. 101.122 (1) (f), Stats.
SPS 367.04 Note Note: Under s. 101.122 (1) (f), Stats., "transfer means a conveyance of an ownership interest in a rental unit by deed, land contract or judgment or conveyance of an interest in a lease in excess of one year. "Transfer" does not include a conveyance under chs. 851 to 879, Stats.
SPS 367.04(21) (21) "Vented" means provided with outside air by natural or mechanical means via permanent openings.
SPS 367.04 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register April 2008 No. 628; correction in (5), (13) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
subch. III of ch. SPS 367 Subchapter III — Administration and Enforcement
SPS 367.05 SPS 367.05 Enforcement.
SPS 367.05(1)(1)Inspections requests. An owner of a rental unit covered by this chapter shall request an energy efficiency inspection from an inspector for the purpose of determining whether the rental unit meets the energy efficiency requirements specified in this chapter. If an owner, after reasonable effort, is unable to procure an inspection from an inspector, a request for an inspection may be made to the department.
SPS 367.05(2) (2)Department agents.
SPS 367.05(2)(a)(a) General. Upon receipt and review of a written request letter from a governmental agency, the department may authorize the agency in writing to validate waivers and stipulations as specified under s. SPS 367.06 as a department agent.
SPS 367.05(2)(b) (b) Revocation of department agent status. The department may revoke the authority of a department agent to validate a waiver or a stipulation at any time the department determines the department agent is validating the waiver or stipulation without adequate information.
SPS 367.05 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 367.06 SPS 367.06 Issuance of certificate, waiver or stipulation.
SPS 367.06(1)(1)General.
SPS 367.06(1)(a)(a) Parcels per document. No certificate of compliance, waiver or stipulation may be issued using more than one legal description or parcel per document.
SPS 367.06(1)(b) (b) Forms and processing materials. Only the department or department agent may place transfer authorization stamps on waivers and stipulations.
SPS 367.06 Note Note: Department agents may obtain copies of transfer authorization stamps from the Department at Division of Industry Services, Rental Weatherization Program, P.O. Box 7302, Madison, WI 53707-7302; or at telephone (608) 266-1818 or 411 (Telecommunications Relay); or at the Department's Web site at: www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 367.06(1)(c) (c) Recordation. Pursuant to s. 101.122 (6), Stats., a register of deeds shall not accept for recording, any deed or other document of transfer of real estate which includes a rental unit that is not excluded as specified in s. SPS 367.02 (2) unless the deed or document is accompanied by a certificate of compliance, a waiver, a stipulation, a satisfaction of compliance or evidence of a previously recorded document of these types. The register of deeds shall record the certificate of compliance, waiver, stipulation, or satisfaction of compliance.
SPS 367.06(2) (2)Certificate of compliance.
SPS 367.06(2)(a)(a) Rental unit in compliance. When an inspector determines the rental unit conforms to the energy efficiency requirements or the performance requirements specified in this chapter, the inspector shall do all of the following:
SPS 367.06(2)(a)1. 1. Review for completeness and validate the certificate of compliance. The certificate of compliance is valid for the life of the building.
SPS 367.06(2)(a)2. 2. Issue the certificate of compliance within 10 business days of the determination that the building conforms to the energy efficiency requirements.
SPS 367.06(2)(a)3. 3. File a copy of the certificate of compliance with the department within 15 business days of determination that the building conforms to the energy efficiency requirements.
SPS 367.06 Note Note: Certificate of compliance stamps, multi-part forms and informational brochures are available from: Department of Administration, Document Sales and Distribution, 4622 University Avenue, Madison, WI 53705-2156, telephone (608) 266-3358, fax (608) 261-8150 or Web site at: www.doa.wi.gov.
SPS 367.06(2)(b) (b) Rental unit not in compliance.
SPS 367.06(2)(b)1.1. `Inspector's responsibilities.'
SPS 367.06(2)(b)1.a.a. Except as specified in subd. 1. b., when an inspector determines that a rental unit does not conform to the energy efficiency requirements specified in this chapter, the inspector shall notify the owner in writing of the energy conservation measures required to make the rental unit comply with the requirements specified in this chapter. The inspector shall notify the owner with the energy conservation measures required for compliance within 10 business days of the completion of the inspection.
SPS 367.06(2)(b)1.b. b. If the effective date of any rule in this chapter occurs after the inspection report was issued, only the energy conservation measures specified in the inspection report shall be corrected for compliance. If the code requirements in effect at the time of initial inspection are changed and the current code requirements are less restrictive, the current code may be applied for compliance.
SPS 367.06(2)(b)1.c. c. A certificate of compliance shall be issued by the inspector or department when the rental unit is in compliance with the energy conservation measures identified by the initial inspection or the current code if less restrictive.
SPS 367.06(2)(b)2. 2. `Owner's responsibilities.' If a rental unit does not comply with the energy efficiency requirements specified in this chapter, the owner may record a stipulation as specified under sub. (4).
SPS 367.06(2)(c) (c) Revocation of certificate. The department may revoke any certificate of compliance if the certificate of compliance was obtained through fraud or deceit or if the owner has willfully refused to comply with a stipulation issued under sub. (4).
SPS 367.06(3) (3)Waiver.
SPS 367.06(3)(a)(a) Request for waiver.
SPS 367.06(3)(a)1.1. The owner of a rental unit may request a waiver from the energy efficiency requirements by submitting to the department or a department agent department form SBD-7116, waiver request form, if the owner verifies the rental unit is scheduled for demolition within 2 years.
SPS 367.06(3)(a)2. 2. The owner shall notify the department in writing the date that the building was demolished.
SPS 367.06(3)(b) (b) Waiver issuance.
SPS 367.06(3)(b)1.1. The department or a department agent shall review for completeness and validate a waiver. When a department agent issues a waiver, a copy of the waiver shall be filed with the department within 15 business days.
SPS 367.06(3)(b)2. 2. The waiver shall be conditioned on the demolition of the rental unit within 2 years of the date the waiver is validated. After a waiver expires, the rental unit may not be transferred to a new owner.
SPS 367.06(3)(c) (c) Failure to demolish. If demolition does not occur within 2 years of issuance of the waiver, the department may do one of the following:
SPS 367.06(3)(c)1. 1. Order demolition of the rental unit no later than 90 days after the order. The owner shall notify the department in writing of the date the building was demolished.
SPS 367.06(3)(c)2. 2. Order the owner to bring the rental unit into compliance with the energy efficiency requirements specified in this chapter no later than 90 days after the order is issued. The owner shall notify the department when the energy efficiency measures have been installed, and apply for an inspection as specified under s. SPS 367.05.
SPS 367.06(4) (4)Stipulation.
SPS 367.06(4)(a)(a) Stipulation requirements.
SPS 367.06(4)(a)1.1. The owner of a rental unit shall present to the register of deeds for recording department stipulation form, SBD-7115, which is signed by the owner and the department. The stipulation shall state that the owner of the rental unit is required to bring the rental unit into compliance with the energy conservation requirements no later than one year after the date the stipulation is validated by the department or department agent.
SPS 367.06(4)(a)2. 2. Where a stipulation is issued by a department agent, a copy shall be filed with the department no later than 15 business days of the validation of the stipulation.
SPS 367.06(4)(a)3. 3. An inspector or the department shall issue a certificate of compliance to the owner for a rental unit that complies with either the code requirements in effect at the time the stipulation was validated or with the requirements in place at the time of inspection, at the option of the owner.
SPS 367.06(4)(b) (b) Transfer of stipulation with property. An owner of a rental unit, who has agreed to a stipulation, may transfer both the property and the stipulation to another person within the initial one-year period. The owner shall sign the original stipulation or a certified copy of the original stipulation and send a copy of this stipulation to the department. The transferred stipulation may not be extended beyond the original one-year agreement.
SPS 367.06(4)(c) (c) Stipulation inspection.
SPS 367.06(4)(c)1.1. When the energy conservation measures have been installed, the owner shall request an inspection from an inspector as specified in s. SPS 367.05 (2).
SPS 367.06(4)(c)2. 2. When an inspector determines that a rental unit complies with the prescriptive energy efficiency requirements or the performance requirements specified in the code in effect when the stipulation was validated or with the current requirements in this chapter, the inspector shall issue the certificate of compliance in accordance with sub. (2).
SPS 367.06(4)(c)3. 3. If upon inspection or evaluation, it is determined that the rental unit does not conform to the conditions specified in the stipulation or with the current requirements of this chapter, the inspector shall notify the owner in writing, specifying the energy conservation measures necessary for compliance. A certificate of compliance as specified in sub. (2) shall be issued after reinspection and all the required energy conservation measures have been installed.
SPS 367.06(4)(d) (d) Owner occupancy at termination of existing lease. A stipulation shall be validated by the department or department agents to owners who wish to occupy the rental unit on the termination of an existing lease.
SPS 367.06(5) (5)Satisfaction of compliance. The department shall issue a satisfaction of compliance, if the owner can establish one of the following exceptions from compliance with the energy efficiency requirements:
SPS 367.06(5)(a) (a) The building or facility does not fall under the scope of this chapter as specified under s. SPS 367.02.
SPS 367.06(5)(b) (b) A transfer exclusion applies as specified in s. SPS 367.04 (21).
SPS 367.06(5)(c) (c) Verification of an existing certificate of compliance is provided and a fee is submitted in accordance with s. SPS 302.35 (2).
SPS 367.06(5)(d) (d) Other exceptions approved by the department.
SPS 367.06 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (1) (c), (3) (c) 2., (4) (c) 1., (5) (a), (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 367.07 SPS 367.07 Petition for variance. The department shall consider and may grant a variance to a requirement of this chapter in accordance with ch. SPS 303.
SPS 367.07 Note Note: Chapter SPS 303 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 which 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.
SPS 367.07 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 367.08 SPS 367.08 Penalties. Penalties shall be assessed in accordance with s. 101.122 (7), Stats.
SPS 367.08 Note Note: Section 101.122 (7) reads as follows: "PENALTY. (a) Inspectors. Any inspector falsifying a certificate issued under sub. (4) shall have his or her certification revoked and may be required to forfeit not more than $500 per dwelling unit in the rental unit for which the certificate is issued.
SPS 367.08 Note (b) New owners. Any person who offers documents evidencing transfer of ownership for recordation and who, with intent to evade the requirements of this section, falsely states on the form under s. 77.22 (1) that the real property involved does not include a rental unit may be required to forfeit not more than $500 per dwelling unit in the rental unit being transferred.
SPS 367.08 Note (c) Waiver. Any person who fails to comply with the requirements of a waiver issued under sub. (4) (b) may be required to forfeit not more than $500 per dwelling unit in the rental unit for which the waiver is issued.
SPS 367.08 Note (d) Stipulation. Any person who fails to comply with the requirements of a stipulation under sub. (4) (c) may be required to forfeit not more than $500 per dwelling unit.
SPS 367.08 Note (e) Citation. If a person fails to comply with the requirements of a stipulation under sub. (4) (c) by the date specified in the stipulation, the department or the city, village or town that entered into the stipulation with the person may, anytime after the first day of the first month beginning after the date specified in the stipulation, proceed under s. 778.25 to recover a forfeiture under par. (d). A person may be charged with multiple violations under par. (d) if each violation covers a period of at least 90 consecutive days of continued failure to comply, if there is no overlap between periods and if each period begins after the date by which a rental unit was to have been brought into compliance."
SPS 367.08 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08.
subch. IV of ch. SPS 367 Subchapter IV — Rental Unit Energy Efficiency Requirements
SPS 367.10 SPS 367.10 Application. Any rental unit covered by this chapter shall meet either the minimum prescriptive energy efficiency requirements specified in s. SPS 367.11 or the performance requirements specified in s. SPS 367.12.
SPS 367.10 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 367.11 SPS 367.11 Energy efficiency requirements.
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