• The International Fuel Gas Code®, with modifications in ch. SPS 365. • The International Existing Building Code®, with modifications in ch. SPS 366. To develop this rule revision, the Wisconsin Commercial Building Code Council reviewed significant changes in each of the model building codes from the currently adopted 2009 edition to the 2015 edition, including the 2012 edition that Wisconsin did not adopt in the interim. The Council recommended changes to chapters SPS 361 to 366 based on their review.
The department also reviewed significant changes to the model building codes to identify requirements that could impose an undue financial burden that do not appear to be offset by improved life-safety or cost savings. Consequently, the department accepts approximately 95% of the revisions included in the 2015 editions of the model building codes, along with the recommendations made by the Commercial Building Code Council. The department proposes to retain the 2009 model building code requirements for approximately 30 out of the 750 significant changes that were reviewed. Although the excluded 2015 model building code provisions are not required under Wisconsin’s revised 2015 commercial building code, individual owners and designers may voluntarily implement a more recent version of the model building codes than what is adopted in Wisconsin’s commercial building code.
Chapter SPS 303 specifies procedures for applying for a variance from a rule administered and enforced by the Department. The rule revision under this chapter removes the requirement for a notarized signature on a petition for variance form submitted to the Department. Chapter SPS 314 pertains to fire prevention and the adoption, application, and modification of the National Fire Protection Agency (NFPA) Fire Code standard. The rule revision under this chapter makes the following changes: • Repeals SPS 314.01 (2) (a) 3. a. and b. relating to rooftop photovoltaic systems.
• Updates SPS 314.01 (6) (b) 1. to incorporate requirements from 2013 Wisconsin Act 270, which states that no city, village, or town may enact or enforce an additional or more restrictive ordinance for a public building or building that is a place of employment. • Updates SPS 314.10 (3) (a) to incorporate requirements from 2015 Wisconsin Act 333 prohibiting the department or a local jurisdiction from promulgating or enforcing a rule related to fire safety that would prohibit placing a Christmas tree in a church. Chapter SPS 361 establishes standards for the administration of the Wisconsin Commercial Building Code, including provisions establishing the scope and application of chs. SPS 361 to 366, administrative procedures related to plan submittal and approval, procedures for submitting petitions for variance, supervision and inspection of construction projects, product and standard review and approval, and standards that allow local jurisdictions to examine building plans and inspect buildings. In general, ch. SPS 361 replaces the administrative provisions found in chapter one of the model building codes. This rule revision makes the following significant changes, among others, to SPS 361: • Updates SPS 361.03 (5) (a) to incorporate requirements from 2013 Wisconsin Act 270, which states that no city, village, or town may enact or enforce an additional or more restrictive ordinance for a public building or building that is a place of employment. • Updates SPS 361.03 (5) (b) 5. to incorporate requirements from 2015 Wisconsin Act 333 prohibiting the department or a local jurisdiction from promulgating or enforcing a rule related to fire safety that would prohibit placing a Christmas tree in a church. • SPS 361.03 (14) updates adoption of individual sections of the International Fire Code®, published by the International Code Council, that are referenced throughout chs. SPS 361 to 366. • SPS 361.04 updates and creates new definitions for compliance assurance programs, crematory, home-based businesses, mausoleum, secretary, and Wisconsin insignia.
• SPS 361.05 updates the model building codes used in chs. SPS 361 to 366 from the 2009 edition to the 2015 editions of the model building codes. • SPS 361.30 (1) (b) exempts certain single-story buildings located at state fair parks as well as fire service drill towers used exclusively for hands-on training from plan submittal and review. These buildings will still be required to meet requirements found in chs. SPS 361 to 366. • SPS 361.30 clarifies industry practice for calculating total building volume.
SPS 361.36 (1) (g) clarifies that plan approval for bleachers and canopies will expire 2 years after the approval date.
• SPS 361.40 (3) (b) requires the owner to retain a new supervising professional within 30 days if the supervising professional withdraws from a construction project.
• SPS 361.41 (1) creates a provision for on-site inspections to be conducted within 5 business days, when required, and permits construction to proceed if the inspection has not been completed within that timeframe.
• SPS 361, Subchapter V is created to establish procedures for approving and inspecting modular multifamily dwellings and their components. Standards for modular dwellings are established as part of Wisconsin’s uniform dwelling code. However, this revision recognizes that standards for multifamily dwellings are established under chs. SPS 361 to 366 and incorporates requirements into the commercial building code. • SPS 361.51 (8) is created to allow building owners or supervising professionals to use a more recent version of a model building code in lieu of the standard code adopted under SPS 361.05 if the model building code is used in its entirety and the code is identified in plan documents. Currently, a building owner or supervising professional must either submit a petition for variance or a request to use an alternate standard under SPS 361.51 to use a more current version of a building code. This provision allows the use of such code without requiring payment of a separate fee or application. This section also contains a note that provides guidance to municipalities and permits municipalities to contract with a third-party inspection agency to perform plan reviews.
This rule adopts the 2015 edition of the International Building Code (IBC). Chapter SPS 362 establishes standards related to buildings and structures and modifies provisions from the IBC. This rule revision makes the following significant changes to SPS 362: • SPS 362.0202 reorganizes and renumbers some existing definitions and creates new definitions for “neutral plane for a deep foundation”, “self-storage building”, “automatic sprinkler system”, “commercial motor vehicle”, “fire area”, “fire separation distance,” “fuel-burning appliance”, “immediately dangerous to life and health (IDLH)”, “Live/work unit”, and “sealed combustion appliance.”
• SPS 362.0202 creates a provision that classifies cheese factories as low-hazard factory industrial Group F-2 occupancies.
• SPS 362.0308 creates exemptions from the International Residential Code for institutions with 5 or fewer persons receiving medical care and classified as Group R-3 occupancies.
• SPS 362.0423 creates an exemption from the storm shelter requirements for educational Group E occupancies.
• SPS 362.0504 creates an exception from height and story requirements for A-2 occupancies listed under SPS 362.0903 (18) (b) 2. relating to sprinkler exemptions for repurposed agricultural buildings located on a farm premise.
• SPS 362.0506 creates a new provision relating to IBC Table 506.2 that includes factors for allowable building area based on the occupancy classification and type of construction. This provision is necessary to substitute new factors to correct an error that appears in the 2015 IBC Table 506.2 for I-3, Type IIA construction.
• SPS 362.0717 (1) creates a new provision in addition to the requirements in IBC section 717.3.3.2 describing a condition under which supply and return smoke dampers shall be closed.
• SPS 362.0903 (5) modifies the automatic sprinkler requirements for multifamily dwellings containing over 20 dwelling units to incorporate requirements under s. 101.14 (4m) (b) 2., Stats. • SPS 362.0903 (12) creates an exemption from automatic fire sprinkler requirements under certain conditions for upholstered furniture stored in Group S-1 occupancies.
• SPS 362.0903 (13) clarifies that the automatic fire sprinkler requirements apply to recycling chutes in addition to rubbish and linen chutes.
• SPS 362.0903 (14) clarifies that the department will accept FM Global Loss Prevention Data Sheets 2-0 Installation Guidelines for Automatic Sprinklers and 8-9 Storage of Class 1,2,3,4 and Plastic Commodities as alternate design standards for sprinklers.
• SPS 362.0903 (15) incorporates requirements from 2015 Wisconsin Act 240, which prohibits the department or local jurisdictions from establishing or enforcing ordinance that requires automatic fire suppression systems on a building on fairgrounds if the building is used for 180 cumulative days or fewer per year and public access is provided by garage style doors that remain open to the public when the building is open. • SPS 362.0903 (16) creates an exemption from automatic fire sprinkler requirements under IBC section 903.2.1.6 relating to assembly occupancies on roofs.
• SPS 362.0903 (17) modifies the requirements under IBC section 903.3.8.1 relating to the number of sprinklers for limited area sprinkler systems.
• SPS 362.0903 (18) creates an exemption from fire sprinkler requirements in certain buildings, including rural restaurants, taverns, and bars, farm buildings temporarily repurposed for use for weddings or similar events, places of religious worship, and cabins, camp or lodge buildings that do not have access to a municipal water supply to operate a fire sprinkler system. Currently, these buildings are already exempt from fire sprinkler requirements under the IBC if they meet certain size and occupant load limits. If a building exceeds those requirements, owners must request a petition for variance to exclude a fire sprinkler system in these buildings.
• This provision creates a new administrative option that will allow for buildings not exempt from fire sprinkler requirements under current IBC requirements to build without seeking a petition for variance if the building meets the requirements under this provision and is approved by the local commercial building inspector and fire code official.
• SPS 362.0907 (2m) modifies the requirements under IBC section 907.3.3 relating to emergency operations for elevators and requires installations in accordance with ch. SPS 318. • SPS 362.1006 (4) creates an exemption for the number of exits and common path of travel for buildings used for salt and sand storage, to provide more flexibility for buildings used to store salt and sand used on roads.
• SPS 362.1010 (3) modifies the requirements under IBC section 1010.1.10 relating to installation of panic and fire exit hardware on doors in electrical rooms.
