Wisconsin Legislature: SPS 318.1004(4)

2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit.

Note: Although the provisions of subdivision 1. do not apply as stated above, these conveyances are subject to the requirements in section 101.983 (3) of the Statutes, which reads as follows: “If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985 (3).”

(c)

1. The design, construction, and installation requirements of this chapter, including the acceptance-inspection requirements apply to any alterations, repairs, and replacement parts or components for any conveyance that have a contract date of on or after June 1, 2020, except as provided in subd. 2., par. (e), and sub. (1m).

Note: See section SPS 318.1007 (3) for further information about plan review for alterations and replacements.

2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit.

Note: A proposed alteration for an existing conveyance may necessitate modifying other components of the conveyance to make the proposed alteration comply with this chapter — and some alterations may necessitate modifying other features of a building that must comply with requirements in chapters SPS 320 to 325, the Wisconsin Uniform Dwelling (One- and Two-Family Dwelling) Code, and chapters SPS 361 to 366, the Wisconsin Commercial Building Code.

(e) Periodic inspections are not required under this chapter for any conveyances that receive periodic inspections by United States government inspectors.

(1m) Exclusions. This chapter does not apply to any conveyances for any of the following buildings or structures:

(a)

1. Buildings or structures located on Indian reservation land that are held either in trust by the United States, or in fee by the tribe or a tribal member.

2. Buildings or structures which are located on off-reservation Indian land that is held in trust by the United States – and which are held either in trust by the United States, or in fee by the tribe or a tribal member.

(b) Buildings and portions of buildings that are federally owned or exempted by federal statutes, regulations, or treaties.

1. A statement is recorded with the register of deeds that describes the steps necessary for compliance to this chapter if the space is converted to a nonexempt use.

2. The statement recorded with the register of deeds is recorded in a manner that will permit the existence of the statement to be determined by reference to the property where the building is located.

3. The owner of the building submits a copy of the recorded document to the department or its authorized representative.

(d) Buildings and structures that are on a farm premises and used primarily for purposes relating to farming or livestock, provided any use of the building or structure by the public consists only of consumers directly using the livestock or receiving farm commodities, substantially all of which have been produced on the farm premises. In this paragraph, “substantially all” means at least 90 percent of the commodities have been planted or produced on the farm premises.

(2) Differing rules.

(a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.

(b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).

(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).

(3) Interpretations. Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards adopted under s. SPS 318.1005.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: am. (1) (b) 1., (c) 1., renum. (1) (d) to (1m), cr. (1m) (title), (1m) (d), r. (4) Register May 2020 No. 773, eff. 6-1-20.

Subchapter II — Definitions and Standards

SPS 318.1004 Definitions. In this chapter:

(1) “Agent municipality” means any municipality designated as an agent of the department under s. SPS 318.1012 (1) (a).

(2) “Alteration” means any change to equipment, including its parts, components, or subsystems, other than maintenance, repair, or replacement.

(3) “Approved” means acceptable to the department.

(4) “ANSI” means the American National Standards Institute.

(4m) “ANSI E1.42” means ANSI E1.42-2018, Entertainment Technology – Design, Installation, and Use of Orchestra Pit Lifts, as adopted under s. SPS 318.1005 (1) and modified by this chapter.

(5) “ASME” means the American Society of Mechanical Engineers.

(6) “ASME A17.1” means ASME A17.1–2016/CSA B44–16, Safety Code for Elevators and Escalators, as adopted under s. SPS 318.1005 (1) and modified by this chapter.

(7) “ASME A18.1” means ASME A18.1–2017, Safety Standard for Platform Lifts and Stairway Chairlifts, as adopted under s. SPS 318.1005 (1) and modified by this chapter.

(8) “Building code” means chs. SPS 361 to 366, which is the Wisconsin Commercial Building Code.

Note: The Wisconsin Commercial Building Code, chapters SPS 361 to 366, adopts by reference the International Building Code® (IBC), the International Energy Conservation Code® (IECC), the International Mechanical Code® (IMC), the International Fuel Gas Code® (IFGC), and the International Existing Building Code® (IEBC). Chapter SPS 314, Fire Prevention Code, may have rules that may affect the maintenance and use of an existing building.

(9) “Contract date” means the date of a written contract between an owner or owner’s agent, and an elevator contractor who is so licensed under ch. SPS 305, under which a conveyance has been or is to be installed or is to undergo an alteration, repair, or replacement.

(10) “Conveyance” means the following types of devices, as they are subsequently defined:

(ag) “Dumbwaiter” has the meaning as given in s. 101.981 (1) (d), Stats.

(ar) “Elevator” has the meaning as given in s. 101.981 (1) (e), Stats.

(b) “Escalator” has the meaning as given in s. 101.981 (1) (f), Stats.

(c) “Freight elevator” means an elevator used primarily for carrying freight and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride.

(d) “Inclined platform lift” means a powered hoisting and lowering mechanism designed to transport persons with physical disabilities on a guided platform that travels on an incline.

(e) “Limited-use, limited-application elevator” means a power passenger elevator in which the use and application is limited by size, capacity, speed, and rise.

(f) “Moving walk” means a type of passenger-carrying device on which passengers stand or walk, and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.

(g) “Orchestra pit lift” means a permanent powered hoisting and lowering mechanism which is within or adjacent to a theatrical or musical stage and which is intended to accommodate performers and their equipment. “Orchestra pit lift” includes orchestra elevators and stage elevators.

(h) “Part V elevator” means an elevator of the private-residence type serving a commercial building and having a contract date of between September 1, 1988, and April 1, 2004.

(i) “Passenger elevator” means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading. This term does not include limited-use, limited-application elevators, elevators in dwelling units, orchestra pit lifts, special purpose personnel elevators, sidewalk elevators, rooftop elevators, and type B material lifts.

(j) “Private residence elevator” means a power passenger elevator which is limited in size, capacity, rise, and speed, and which is installed to provide access to or within an individual dwelling unit.

(k) “Rooftop elevator” means a power passenger or freight elevator operating between a landing at roof level and other landings, and that opens onto the exterior roof level of a building through a horizontal opening.

(L) “Sidewalk elevator”means a device with on-car controls for the raising or lowering of materials operating between a landing in a sidewalk or other exterior area and floors below the sidewalk or grade level and that opens onto the exterior area through a horizontal opening.

(m) “Special purpose personnel elevator” means an elevator that is to provide vertical transportation of authorized personnel and their tools and equipment only; is limited in size, capacity, and speed; and is permanently installed in any of the following structures:

1. Antenna towers.

2. Assembly facilities, such as installations providing access to catwalks or equipment.

3. Breweries.

4. Bridge towers.

5. Dams.

6. Feed or grain facilities.

7. Mine-product drying facilities.

8. Observatories.

9. Paper mills.

10. Power plants.

11. Refineries.

12. Underground facilities, excluding mine-shaft elevators.

13. Wastewater treatment structures.

(o) “Stairway chairlift” means a powered hoisting and lowering mechanism that is guided and equipped with a seat to transport a passenger along a stairway.

(om) “Type B material lift” means a powered hoisting and lowering mechanism used for carrying material and on which only the operator or the person necessary for unloading and loading the material is permitted to ride.

(p) “Vertical platform lift” means a powered hoisting and lowering mechanism designed to transport mobility-impaired persons on a guided platform that travels vertically.

(11) “Department” means the department of safety and professional services.

(12) “Dwelling unit” has the meaning given in s. 101.61 (1), Stats.

(12e) “Electrical code” means ch. SPS 316, which is the Wisconsin Electrical Code.

(12m) “First-aid treatment” has the meaning given to “first aid” in 29 CFR 1904.7 (b) (5) (ii), regardless of who is providing the treatment.

(12s) “Hoistway” means a shaft or opening through a building or structure for the travel of elevators, dumbwaiters, or material lifts, extending from the pit floor to a ceiling above.

(13) “Licensed elevator inspector” means an individual who holds a valid credential issued by the department under ch. SPS 305 as an elevator inspector.

(14) “Maintenance” means a process of routine examination, lubrication, cleaning, and adjustment of parts, components, or subsystems for the purpose of ensuring performance in accordance with the applicable requirements of this chapter.

(15) “Repair” means the reconditioning or renewal of parts, components, or subsystems necessary to keep equipment in compliance with the applicable requirements of this chapter.

(16) “Replacement” means the substitution of a device, component, or subsystem, in its entirety, with a unit that is basically the same as the original for the purpose of ensuring performance in accordance with the applicable requirements of this chapter.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: cr. (4m), am. (6), (7), renum. (10) (a) to (10) (ar), cr. (10) (ag), am. (10) (g), (i), (L), r. (10) (n), cr. (10) (om), (12e), (12m), (12s) Register May 2020 No. 773, eff. 6-1-20.

SPS 318.1005 Adoption of standards by reference.

(1) Primary standards. The following standards are hereby incorporated by reference into this chapter, subject to the modifications specified in this chapter:

(a) Safety Code for Elevators and Escalators, ASME A17.1–2016/CSA B44–16.

(b) Safety Standard for Platform Lifts and Stairway Chairlifts, ASME A18.1–2017.

(2) Secondary references. Any codes or standards referenced in the standards adopted in sub. (1) shall apply to the prescribed extent of each such reference, except as modified by this chapter.

(3) Alternate standards. Any alternate standard that is equivalent to or more stringent than a standard incorporated by reference or otherwise referenced under this chapter may be used in lieu of the incorporated or referenced standard if the alternate standard is accepted in writing by the department.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: am. (1) (intro), (a), (b), cr. (c) Register May 2020 No. 773, eff. 6-1-20.

Subchapter III — Administration and Enforcement

SPS 318.1006 Fees. Fees for plan review, permit application, inspection, permit to operate, and other services performed by the department pertaining to elevators, escalators, and lift devices shall be as determined in ch. SPS 302.

History: CR 03-047: cr. Register March 2004 No. 579, eff. 4-1-04; CR 07-089: am. Register June 2008 No. 630, eff. 1-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-020: r. and recr. Register August 2014 No. 704, eff. 9-1-14.