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. SPS 321.097(2)(c)1.1. Except as provided in subd. 2., carbon monoxide detectors shall be continuously powered by the house electrical service, shall have a backup power supply and shall be interconnected so that activation of one alarm will cause activation of all alarms. SPS 321.097(2)(c)2.2. Dwellings with no electrical service shall be provided with battery-powered carbon monoxide detectors in the locations under par. (b). Interconnection is not required in these dwellings. SPS 321.097(2)(d)(d) Standards. The devices shall conform with one of the following standards: SPS 321.097(2)(d)1.1. Carbon monoxide detectors shall be listed and labeled identifying conformance with UL 2034. SPS 321.097 NoteNote: Pursuant to this subdivision, carbon monoxide detectors need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms.
SPS 321.097(2)(d)2.2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075. SPS 321.097 NoteNote: Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors.
SPS 321.097(3)(3) Existing dwellings. 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 initial construction commenced on or after June 1, 1980, and before February 1, 2011. SPS 321.097 HistoryHistory: EmR0826: emerg. cr. eff. 10-1-08; CR 08-085: cr. Register May 2009 No. 641, eff. 6-1-09; renumbered under s. 13.92 (4) (b) 1. and corrections in (1) (b) 2. and (6) made under s. 13.92 (4) (b) 7., Stats., Register May 2009 No. 641; CR 10-089: renum. (1) (a), (2), (3), (5), (6), (7) to be (4) (a), (b), (c), (e), (g), (h) and am. (4) (g) and (h), r. (1) (b), (4), cr. (1), (2), (3), (4) (title), (d), (f) Register January 2011 No. 661, eff. 2-1-11; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734; CR 21-047: am. (title), renum. (1) (a) to (1) (ar) and am., cr. (1) (ag), r. (1) (b), am. (2) (a) to (c), (d) 1., (3), r. (4) Register May 2022 No. 797, eff. 6-1-22. SPS 321.10SPS 321.10 Protection against decay and termites. SPS 321.10(1)(1) Wood used in any of the applications under this section shall meet all of the following requirements: SPS 321.10(1)(a)(a) The wood shall be labeled and pressure treated with preservative in accordance with an AWPA standard or shall be naturally durable and decay-resistant or shall be engineered to be decay resistant. SPS 321.10(1)(b)(b) The wood shall be pressure treated with preservative or shall be naturally termite-resistant unless additional steps are taken to make the wood termite-resistant. SPS 321.10(2)(2) Wood used in the following locations shall be as required under sub. (1): SPS 321.10(2)(b)(b) Floor joists or sleepers that meet all of the following conditions: SPS 321.10(2)(b)2.2. The joists or sleepers are within 18 inches above a lower floor surface, deck or soil. SPS 321.10 NoteNote: This situation could occur with a floor over a crawl space or when a floor is added over a patio deck or a garage slab.
SPS 321.10(2)(c)(c) Floor joists exterior to the dwelling that are within 18 inches above exterior grade, unless protected with a moisture barrier. SPS 321.10 NoteNote: Acceptable moisture barriers for this application include ¾-inch exterior preservative-treated plywood, or ice dam protection material listed as meeting the requirements of ASTM D 1970 or vapor retarder material, provided they are protected from physical and UV light damage.
SPS 321.10(2)(d)(d) Girders that span directly over and within 12 inches of earth. SPS 321.10(2)(e)(e) Sills and rim joists that rest on concrete or masonry and are also below grade or within 8 inches above final exterior grade. SPS 321.10(2)(f)1.1. Siding and sheathing in contact with concrete, masonry or earth and within 6 inches above final exterior grade. SPS 321.10(2)(f)2.2. Siding and sheathing in contact with concrete or masonry and within 2 inches above an impervious surface. SPS 321.10(2)(g)(g) Ends of wood structural members and their shims resting on or supported in masonry or concrete walls and having clearances of less than ½ inch on the top, sides and ends. SPS 321.10(2)(h)(h) Bottom plates or sole plates of walls that rest on concrete or masonry and that are below exterior grade or less than 8 inches above final exterior grade. SPS 321.10(2)(i)(i) Columns in direct contact with concrete or masonry unless supported by a structural pedestal or plinth block at least one inch above the floor. SPS 321.10(2)(j)(j) Any structural part of an outdoor deck, including the decking. SPS 321.10(3)(3) Wood girders that rest directly on exterior concrete or masonry shall be protected by one of the following methods: SPS 321.10(3)(a)(a) The wood shall be pressure treated with preservative or shall be a naturally durable and decay-resistant species. SPS 321.10(3)(b)(b) Material, such as pressure-treated plywood, flashing material, steel shims, or water-resistant membrane material shall be placed between the wood and the concrete or masonry. SPS 321.10(4)(4) All pressure-treated wood and plywood shall be identified by a quality mark or certificate of inspection of an approved inspection agency which maintains continued supervision, testing and inspection over the quality of the product. SPS 321.10 NoteNote: Heartwood of redwood, cypress, black walnut, catalpa, chestnut, sage orange, red mulberry, white oak, or cedar lumber are considered by the department to be naturally decay-resistant. Heartwood of bald cypress, redwood, and eastern red cedar are considered by the department to be naturally termite resistant.
SPS 321.10(5)(a)(a) Fasteners for pressure-preservative treated wood and fire-retardant-treated wood shall meet one of the following requirements: SPS 321.10(5)(a)3.3. The fastener is made of hot-dipped, zinc-galvanized steel with the coating weight and thickness labeled as complying with ASTM A 153. SPS 321.10(5)(a)4.4. The fastener is made of steel with a mechanically-deposited zinc coating labeled as complying with ASTM B 695, Class 55 or greater. SPS 321.10(5)(a)5.5. The fastener has coating types and weights in accordance with the fastener manufacturer’s recommendations. In the absence of the manufacturer’s recommendations subd. 1., 2., 3., or 4. shall apply. SPS 321.10 NoteNote: “Zinc plated,” “zinc coated,” “chrome plated,” etc., fasteners do not necessarily comply with either of these standards.
SPS 321.10(5)(b)(b) When a fastener is used with a hanger or other metal fixture, the fastener shall be of the same material as the hanger or metal fixture. SPS 321.10 NoteNote: When separate pieces are in close contact, zinc corrodes rapidly in the presence of plain steel. Zinc corrodes much more rapidly in the presence of stainless steel.
SPS 321.10(5)(c)(c) For the purposes of this section, a fastener includes nails, screws and bolts, along with nuts and washers. SPS 321.10 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. Register, February, 1985, No. 350, eff. 3-1-85; am. (1) (b) and (3), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (1) (intro.) and (b), am. (1) (f), renum. (3) (intro.) to be (3) (a), cr. (3) (b), Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (a), (b), (3), cr. (1) (g), Register, November, 1995, No. 479, eff. 12-1-95; r. (1) and (2), renum. (3) to be (4), and cr. (1) to (3), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (4) (a) Register May 2003 No. 569, eff. 8-1-03; CR 08-043: am. (1), (2) (a) and (i), r. and recr. (2) (b) and (h), r. (2) (g) and (4) (b), renum. (2) (c) to (f) and (4) (a) to be (2) (d) to (g) and (4) and am. (2) (e), (f) 1. and (g), cr. (2) (c), (k) and (5) Register March 2009 No. 639, eff. 4-1-09; correction in (2) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (2) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-041: renum. (2) (f) to (2) (f) 1., cr. (2) (f) 2. Register December 2015 No. 720, eff. 1-1-16. SPS 321.11(1)(a)(a) General. Foam plastic insulation shall have a flame-spread rating of 75 or less and a smoke-developed rating of 450 or less when tested in accordance with ASTM E-84. SPS 321.11(1)(b)(b) Thermal barrier. Except as provided in par. (c), foam plastic insulation shall be separated from the interior of the dwelling by one of the following thermal barriers: SPS 321.11(1)(b)5.5. A product or material shown by an independent laboratory to limit the temperature rise on the unexposed surface to 250°F for 15 minutes when tested in accordance with ASTM E-119. SPS 321.11(1)(b)6.6. For doors only, sheet metal with a minimum thickness of 26 standard steel gauge or aluminum with a minimum thickness of 0.032 inch. SPS 321.11 NoteNote: Number 26 standard steel gauge is approximately equal to 0.018-inch.
SPS 321.11(1)(c)(c) Exemptions from thermal barrier requirement. The following applications of foam plastic do not require a thermal barrier: SPS 321.11(1)(c)2.2. In the box sill of the basement or ground floor, above the bottom of the floor joists. SPS 321.11(2)(2) Insulation that does not meet the requirements of this section may be approved by the department in accordance with s. SPS 320.18. Approval will be based on tests that evaluate materials or products representative of actual end-use applications. SPS 321.11 NoteNote: See s. SPS 322.21 (3) for requirements for protecting foam plastic on the exterior of a dwelling. SPS 321.11 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (b), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (1) (intro.), am. (1) (a), renum. (1) (b) and (c) to be (1) (c) and (d) and am. (1) (c), cr. (1) (b), Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (d), (2), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. Register, March, 2001, No. 543, eff. 4-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 321.115SPS 321.115 Installation of elevators or dumbwaiters. Elevators or dumbwaiters serving dwelling units shall comply with the requirements under ch. SPS 318. SPS 321.115 HistoryHistory: CR 08-030: cr. Register December 2008 No. 636, eff. 1-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 321.12(1)(1) Grade. The finished grade of the soil shall slope away from the dwelling at a rate of at least 1/2 inch per foot for at least 10 feet, except as provided in subs. (2) and (3). SPS 321.12(2)(2) Other surfaces. Where the finished surface is impervious, it shall slope away from the dwelling for at least 10 feet at a rate that ensures equivalent drainage. SPS 321.12(3)(3) Obstructions. Where lot lines, walls, slopes, or other barriers prevent having the 10-foot distance in sub. (2), swales or other means shall be provided to ensure equivalent drainage away from the dwelling. SPS 321.12 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; CR 02-077: am. Register May 2003 No. 569, eff. 8-1-03; CR 15-041: renum. 321.12 to 321.12 (1) and am., cr. 321.12 (title), (2), (3) Register December 2015 No. 720, eff. 1-1-16. SPS 321.125SPS 321.125 Erosion control and sediment control. SPS 321.125(1)(a)(a) Where land disturbing construction activity is to occur erosion and sediment control practices shall be employed, as necessary, and maintained to prevent or reduce the potential deposition of soil or sediment to all of the following:
