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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.
SPS 367.11(1)(1)Insulation.
SPS 367.11(1)(a)(a) R-value. For the purpose of this section, the R-value applies only to the amount of insulation. The R-value does not refer to the total overall R-values of all components of an assembly such as framework, finish materials or air films.
SPS 367.11(1)(b) (b) Insulation of attic areas and access panels or doors. Insulation shall be provided in all accessible areas as specified in Table 367.11-1. - See PDF for table PDF
SPS 367.11(1)(c) (c) Insulation of box sills. Insulation shall be provided in all accessible areas that form a portion of the thermal envelope as specified in Table 367.11-2. - See PDF for table PDF
SPS 367.11(1)(d) (d) Insulation of ducts and pipes. Insulation shall be provided in all accessible vented crawl spaces and attic spaces as specified in Table 367.11-3. - See PDF for table PDF
SPS 367.11(2) (2)Windows and doors.
SPS 367.11(2)(a)(a) General. Except as specified in sub. (3), windows and doors shall comply with this subsection.
SPS 367.11(2)(b) (b) Windows.
SPS 367.11(2)(b)1.1. Except as provided in subd. 2., windows shall be double-glazed or shall be provided with exterior or interior storm windows. The glazed or glass areas of storm windows shall be caulked or sealed to minimize air leakage.
SPS 367.11(2)(b)2.a.a. Storefront windows are not required to be double-glazed.
SPS 367.11(2)(b)2.b. b. When an exterior storm window is installed over an openable window required for natural ventilation, a portion of the storm window shall be openable from the inside.
SPS 367.11(2)(b)2.c. c. Windows located in boiler or furnace rooms do not need to be double-glazed or equipped with storm windows.
SPS 367.11(2)(b)2.d. d. Windows located in basement areas that are not habitable rooms may be permanently sealed and insulated in lieu of double-glazing or installing exterior or interior storm windows.
SPS 367.11(2)(c) (c) Doors. Patio doors shall be insulated, double-glazed or equipped with storm doors. Where no vestibule exists, inward swinging exterior doors shall be insulated, double-glazed or equipped with storm doors. Door lites need not be double-glazed if they are within the door leaf. All storm doors shall be equipped with self-closing devices. All accessible joints and cracks in storm doors shall be caulked or otherwise sealed.
SPS 367.11(3) (3)Blower door test.
SPS 367.11(3)(a)(a) Except as specified in par. (b), storm windows and doors are not required when blower door testing shows that the natural air change rate of the thermal envelope is 1.0 air change per hour or less.
SPS 367.11 Note Note: Blower door testing may be conducted in accordance with ASTM E779, "Standard Practice for Measuring Air Leakage by the Fan Pressurization Method."
SPS 367.11(3)(b) (b) Testing done on any date prior to certification shall be acceptable, provided no change has occurred to the building that would impact the test results in a negative or indeterminate way.
SPS 367.11(4) (4)Moisture control.
SPS 367.11(4)(a)(a) Ceilings. Ventilation shall be provided above any ceiling or attic insulation. The free area of ventilation shall be at least 1/300 of the horizontal area. Where overhangs with soffits are provided, one-half of the free-area shall be at the eaves and one-half in the upper one-third of the roof or gable. Where it is impractical to install gravity venting, power vent systems may be used to provide equivalent ventilation. Power vents shall be connected to a humidistat.
SPS 367.11(4)(b) (b) Crawl spaces. Ventilation shall be provided in the crawl space. The area of ventilation shall be at least 1/300 of the floor space. The area of ventilation shall be distributed equally to at least 2 openings in the foundation wall. The openings shall be located to provide cross ventilation. Where accessible, a vapor barrier shall be applied to cover the exposed earth.
SPS 367.11(5) (5)Equipment.
SPS 367.11(5)(a)(a) Combustion air. Combustion air openings shall be unobstructed.
SPS 367.11(5)(b) (b) Flow restricters. All showers heads shall be equipped with flow restricters rated at three gallons per minute or less.
SPS 367.11 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (2) (c) made under s. 13.92 (4) (b) 1., Stats., Register April 2008 No. 628; correction in (1) (b), (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 367.12 SPS 367.12 Performance energy efficiency requirements.
SPS 367.12(1)(1)General. The performance energy efficiency requirements specified in subs. (2) to (4) may be applied as alternative requirements to s. SPS 367.11.
SPS 367.12(2) (2)Space heating energy use. Buildings shall have an annual space heating energy use, in BTUs per square foot, per heating degree-day, which is no greater than the value shown in Table 367.12. The annual heating energy use shall be determined in accordance with sub. (3) or (4). - See PDF for table PDF
SPS 367.12(3) (3)Calculation from fuel use data. The annual space heating energy use may be calculated from one year of representative fuel use data using department form, SBD-10647 or an equivalent method approved by the department prior to its use. The building area used in the calculation shall be the total gross floor area. The gross floor area is measured from the exterior faces of exterior walls or from the centerline of walls separating buildings, excluding covered walkways, open roofed-over areas, porches and similar spaces, pipe trenches, exterior terraces or steps, chimneys, roof overhangs, and similar features. The determination of annual space heating energy use per square foot shall be performed by or verified by an inspector.
SPS 367.12(4) (4)Measurement of building performance. The annual space heating energy use may be determined in accordance with field measurement methods approved by the department prior to use. At a minimum, the method must be nationally recognized, meet a national standard, or be demonstrated to have equivalent accuracy.
SPS 367.12 Note Note: The department approves use of the Wisconsin Energy Bureau Home Energy Rating System for buildings of four dwelling units or less provided a blower door test is used to estimate the building infiltration. Information demonstrating the accuracy of other field measurement methods may be submitted to the department for review.
SPS 367.12 History History: CR 07-008: cr. Register April 2008 No. 628, eff. 5-1-08; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
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