SPS 321.08(2)(b)2.a.a. The units shall be provided with wall construction under par. (d) that extends to the dwelling unit ceiling and ceiling construction under par. (e). SPS 321.08(2)(b)2.b.b. Dwelling units using this method of separation shall provide attic draft stopping under par. (f) that extends all the way to the underside of the roof deck above and in line with the separation wall. SPS 321.08(2)(c)(c) Doors. Any door installed in the dwelling unit separation shall have the door and frame assembly labeled by an independent testing agency as having a minimum fire-resistive rating of 20 minutes. The test to determine the 20-minute rating is not required to include the hose stream portion of the test. SPS 321.08(2)(d)(d) Walls. Walls in the dwelling unit separation shall be protected by not less than one layer of 5/8-inch Type X gypsum wallboard or 2 layers of ½-inch gypsum wallboard or equivalent on each side of the wall with joints in compliance with sub. (1) (a) 2. SPS 321.08(2)(e)(e) Floors and ceilings. A fire protective membrane of one layer of 5/8-inch Type X gypsum wallboard with joints in compliance with sub. (1) (a) 2., shall be provided on the ceiling beneath the floor construction that provides the separation. SPS 321.08(2)(f)1.1. Attic areas, mansards, overhangs and other concealed roof spaces shall be draft stopped above and in line with the separation wall. SPS 321.08(3)(a)1.1. Except as allowed under subd. 2., all heating and ventilating ducts that penetrate a required separation shall be protected with a listed fire damper with a rating of at least 90 minutes. SPS 321.08(3)(a)2.2. The fire damper required under subd. 1. may be omitted in any of the following cases: SPS 321.08(3)(a)2.a.a. There is a minimum of 6 feet of continuous steel ductwork on at least one side of the penetration. SPS 321.08(3)(b)(b) Electrical and plumbing components. Penetrations of a required separation by electrical and plumbing components shall be firmly packed with noncombustible material or shall be protected with a listed through-penetration firestop system with a rating of at least one hour. SPS 321.08(3)(c)(c) Plastic Piping. Penetrations of a required separation by plastic pipe shall be protected by a penetration firestop system approved by the department and installed as tested in accordance with ASTM E 814 or UL 1479, with a minimum positive pressure differential of 0.01 inch of water (3 pa), and shall have an F rating of not less than the required fire-resistance rating of the assembly penetrated. SPS 321.08 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. Register, February, 1985, No. 350, eff. 3-1-85; cr. (1m), am. (2), (5) (c) and Table, Register, January, 1989, No. 397, eff. 2-1-89; am. (2), (4) and (5) (a) (intro.), renum. (5) (b) and (c) to be (5) (c) and (d) and am. (5) (d), cr. (5) (b) and (e), (6), Register, March, 1992, No. 435, eff. 4-1-92; r. (3) (a), (5) (d), renum. (3) (b) and (c), (5) (e) to be (3) (a) and (b), (5) (d), am. (5) (a) (intro.), (6), cr. (6) (c) to (e), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. (5) and (6) (b), am. (6) (c) and (d), r. (6) (e) and cr. (7), Register, January, 1999, No. 517, eff. 2-1-99; r. (1) to (4), renum. (5) to (7) to be (1) to (3), and cr. (2) (e), Register, March, 2001, No. 543, eff. 4-1-01; corrections in (2) (c) and (d) were made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; CR 02-077: am. (1) (a) 1. and (2) (a) to (c) Register May 2003 No. 569, eff. 8-1-03; CR 08-043: am. (1) (intro.) and Table, r. (1) (a) 4. and (2) (e), renum. (1) (c), (2) (b), (c) and (d) to be (1) (c) 1., (2) (c), (d) and (e) and am. (2) (d), cr. (1) (c) 2., (2) (b) and (f), r. and recr. (1) (d) 1. and (2) (a) Register March 2009 No. 639, eff. 4-1-09; correction in Table 21.08 made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-041: am. Table 321.08, cr. (3) (c) Register December 2015 No. 720, eff. 1-1-16. SPS 321.085(1)(1) Fireblocking locations. Fireblocking shall be provided in all of the following locations: SPS 321.085(1)(a)(a) In concealed spaces of walls and partitions, including furred spaces, at the ceiling and floor levels. SPS 321.085(1)(b)(b) At all interconnections between concealed vertical and horizontal spaces including the attachment between a carport and a dwelling. SPS 321.085(1)(c)(c) In concealed spaces between stair stringers at the top and bottom of the run and at any intervening floor level. SPS 321.085(1)(d)(d) At all openings around wires, cables, vents, pipes, ducts, chimneys and fireplaces at ceiling and floor level. SPS 321.085(2)(2) Fireblocking materials. Fireblocking shall consist of one of the following: SPS 321.085(2)(c)(c) One thickness of ¾-inch nominal plywood or wood structural panel with any joints backed with the same material. SPS 321.085(2)(d)(d) One thickness of ½-inch gypsum wallboard, face nailed or face screwed to solid wood, with any joints backed with the same material. SPS 321.085(2)(e)(e) Fiberglass or mineral wool batt insulation may be used if both of the following conditions are met: SPS 321.085(2)(e)2.2. The batt shall be installed to fill the entire thickness of the opening or stud cavity. SPS 321.085(2)(f)(f) For wires, cables, pipes and vents only, non-shrinking caulk, putty mortar, or similar material may be used provided no dimension of the opening exceeds ½ inch around the penetrating object. SPS 321.085(2)(g)(g) For chimneys, fireplaces and metal vents, fireblocking shall be metal, cement board or other noncombustible material. SPS 321.085 HistoryHistory: Cr. Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (1) (b) Register May 2003 No. 569, eff. 8-1-03. SPS 321.09(1)(1) A listed and labeled multiple-station smoke alarm with battery backup shall be installed in all of the following locations: SPS 321.09(1)(b)(b) On floor levels that contain one or more sleeping areas, an alarm shall be installed outside of the sleeping rooms, within 21 feet of the centerline of the door opening to any sleeping room and in an exit path from any sleeping room. SPS 321.09(1)(c)(c) On floor levels that do not contain a sleeping area, an alarm shall be installed in a common area on each floor level. SPS 321.09 NoteNote: Section 50.035 (2), Stats., requires the installation of a complete low voltage, interconnected or radio-transmitting smoke detection system in all community-based residential facilities including those having 8 or fewer beds. SPS 321.09 NoteNote: Section 101.645 (3), Stats., requires the owner of a dwelling to install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain any smoke detector in that unit, except that if any occupant who is not the owner, or any state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that the smoke detector is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional. SPS 321.09 NoteNote: Section 101.745 (4), Stats., requires that the manufacturer of a modular home shall install a functional smoke detector on each floor level except the attic or storage area of each dwelling unit. SPS 321.09(2)(a)(a) Except for dwellings with no electrical service, smoke detectors required by this section shall be continuously powered by the house electrical service, and shall be interconnected so that activation of one detector will cause activation of all detectors. SPS 321.09 NoteNote: Wireless interconnectivity is permitted under this paragraph.
SPS 321.09(2)(b)(b) Dwellings with no electrical service shall be provided with battery-powered smoke detectors in the locations under sub. (1). Interconnection and battery-backup are not required in these dwellings. SPS 321.09(3)(3) For family living units with one or more communicating split levels or open adjacent levels with less than 5 feet of separation between levels, one smoke detector on the upper level shall suffice for an adjacent lower level, including basements. Where there is an intervening door between one level and the adjacent lower level, smoke detectors shall be installed on each level. SPS 321.09(4)(4) Smoke alarms and detectors shall be maintained in accordance with the manufacturer’s specifications. SPS 321.09(5)(5) For envelope dwellings, at least 3 smoke alarms shall be placed in the air passageways. The alarms shall be placed as far apart as possible. SPS 321.09(6)(6) In basements where two required exits are separated by a continuous wall, a smoke detector shall be placed on each side of the wall within 21 feet of each exit. SPS 321.09 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. Register, February, 1985, No. 350, eff. 3-1-85; r. and recr. Register, April, 1990, No. 412, eff. 5-1-90; renum. to be (1), cr. (2) and (3), Register, March, 1992, No. 435, eff. 4-1-92; renum. (2) and (3) to be (3) and (4), cr. (2), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. (1), r. (2), renum. (3) and (4) to be (2) and (3), and cr. (4) and (5), Register, March, 2001, No. 543, eff. 4-1-01; CR 08-043: am. (1) (b) and (3), renum. (2) to be (2) (a) and am., cr. (2) (b) and (6) Register March 2009 No. 639, eff. 4-1-09. SPS 321.095(1)(1) Except as provided in subs. (2) and (3), the design, installation, testing and maintenance of automatic fire sprinklers shall conform to NFPA 13D. SPS 321.095(2)(a)(a) The requirements of NFPA 13D sections 6.3 (4), 8.1.3 and 8.6 are not included as part of this code. SPS 321.095(2)(b)(b) Fire department connections are prohibited in multipurpose piping systems. SPS 321.095(3)(a)(a) Limited area automatic fire sprinkler systems are allowed in dwellings. SPS 321.095(3)(b)1.1. A limited area automatic fire sprinkler system shall add the following wording to the warning sign required in 6.3(5) of NFPA 13D: “The number and location of sprinklers in this system does not conform to NFPA 13D.” SPS 321.095(3)(b)2.2. An automatic fire sprinkler system providing fire protection throughout the dwelling in accordance with NFPA 13D shall add the following wording to the warning sign required in 6.3(5) of NFPA 13D: “The number and location of sprinklers in this system conform with NFPA 13D.” SPS 321.095 NoteNote: Multipurpose piping systems need to conform to provisions of the Plumbing Code, chs. SPS 381 to 387. These systems attach fire sprinkler heads to the dwelling’s potable water piping system. SPS 321.095 NoteNote: Chapter 145 of the Statutes requires automatic fire sprinkler systems on dedicated water supply systems, to be installed by a licensed sprinkler fitter. SPS 321.095 HistoryHistory: CR 08-043: cr. Register March 2009 No. 639, eff. 4-1-09; CR 10-103: r. and recr. Register August 2011 No. 668, eff. 9-1-11. SPS 321.097 NoteNote: Section 101.149 (1) (am), Stats., reads as follows: “Carbon monoxide detector” means an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air. SPS 321.097(1)(ar)(ar) “Fuel-burning appliance” has the meaning given in s. 101.149 (1) (as), Stats. Fuel-burning appliances include stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, fireplaces and heaters. SPS 321.097 NoteNote: Section 101.149 (1) (as), Stats., reads as follows: “Fuel-burning appliance” means a device that burns fossil fuel or carbon-based fuel and that produces carbon monoxide as a combustion by-product. SPS 321.097(2)(a)(a) General. Listed and labeled carbon monoxide detectors shall be installed and maintained in accordance with s. 101.647 (2) to (6), Stats., in one and 2-family dwellings, for which building permit applications were made or construction commenced on or after February 1, 2011. SPS 321.097 Note(2) Installation and safety certification. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector.
SPS 321.097 Note(3) Requirements. (a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling’s electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance.
SPS 321.097 Note(am) 1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01 (5), the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling’s electrical wiring system, except as provided under subd. 2. SPS 321.097 Note2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance.
SPS 321.097 Note(b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.
SPS 321.097 Note(4) Inspection. Except as provided under s. 101.64 (2m), the department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect a new dwelling and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section. SPS 321.097 Note(5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following:
SPS 321.097 Note(a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.
SPS 321.097 Note(b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling.
SPS 321.097 Note(6) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.
SPS 321.097(2)(b)1.1. On floor levels that contain one or more sleeping areas, a carbon monoxide detector shall be installed outside of the sleeping area, within 21 feet of the centerline of the door opening to any sleeping area and in an exit path from any sleeping area. SPS 321.097(2)(b)2.2. On floor levels that do not contain a sleeping area, a carbon monoxide detector shall be installed in a common area on each floor level.
