1. Carbon monoxide detectors shall be listed and labeled identifying conformance with UL 2034.
Note: 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.
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.
Note: 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.
(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.
Note: See statutory reprint under s. SPS 321.097 (2) (a).
History: 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 321.10Protection against decay and termites.
(1)Wood used in any of the applications under this section shall meet all of the following requirements:
(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.
(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.
(2)Wood used in the following locations shall be as required under sub. (1):
(a) Resting directly upon or embedded in earth.
(b) Floor joists or sleepers that meet all of the following conditions:
1. The joists or sleepers are protected from the weather.
2. The joists or sleepers are within 18 inches above a lower floor surface, deck or soil.
3. There is no vapor retarder that meets the requirements under s. SPS 322.38 (1) (a) between the joists or sleepers and the soil below.
Note: 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.
(c) Floor joists exterior to the dwelling that are within 18 inches above exterior grade, unless protected with a moisture barrier.
Note: 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.
(d) Girders that span directly over and within 12 inches of earth.
(e) Sills and rim joists that rest on concrete or masonry and are also below grade or within 8 inches above final exterior grade.
1. Siding and sheathing in contact with concrete, masonry or earth and within 6 inches above final exterior grade.
2. Siding and sheathing in contact with concrete or masonry and within 2 inches above an impervious surface.
(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.
(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.
(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.
(j) Any structural part of an outdoor deck, including the decking.
(k) Permanent wood foundations.
(3)Wood girders that rest directly on exterior concrete or masonry shall be protected by one of the following methods:
(a) The wood shall be pressure treated with preservative or shall be a naturally durable and decay-resistant species.
(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.
(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.
Note: 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.
(5)Fasteners.
(a) Fasteners for pressure-preservative treated wood and fire-retardant-treated wood shall meet one of the following requirements:
1. The fastener is a steel bolt with a diameter of 0.5 inch or greater.
2. The fastener is made of stainless steel.
3. The fastener is made of hot-dipped, zinc-galvanized steel with the coating weight and thickness labeled as complying with ASTM A 153.
4. The fastener is made of steel with a mechanically-deposited zinc coating labeled as complying with ASTM B 695, Class 55 or greater.
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.
Note: “Zinc plated,” “zinc coated,” “chrome plated,” etc., fasteners do not necessarily comply with either of these standards.
(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.
Note: 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.
(c) For the purposes of this section, a fastener includes nails, screws and bolts, along with nuts and washers.
History: 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 321.11Foam plastic.
(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.
(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:
1. ½-inch gypsum wallboard.
2. ½-inch nominal wood structural panel.
3. ¾-inch sawn lumber with tongue-and-groove or lap joints.
4. 1-inch of masonry or concrete.
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.
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.
Note: Number 26 standard steel gauge is approximately equal to 0.018-inch.
(c) Exemptions from thermal barrier requirement. The following applications of foam plastic do not require a thermal barrier:
1. On overhead garage doors.
2. In the box sill of the basement or ground floor, above the bottom of the floor joists.
(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.
Note: See s. SPS 322.21 (3) for requirements for protecting foam plastic on the exterior of a dwelling.
History: 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 321.115Installation of elevators or dumbwaiters. Elevators or dumbwaiters serving dwelling units shall comply with the requirements under ch. SPS 318.
History: 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.
Subchapter III — Excavations
SPS 321.12Drainage.
(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).
(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.
(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.
History: 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 321.125Erosion control and sediment control.
(1)General.
(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:
1. The waters of the state.
2. Adjacent properties.
Note: Authority over erosion and sediment control at construction sites having a land-disturbance area of one acre or more was transferred to the Department of Natural Resources (DNR) under 2013 Wis. Act 20, sections 1712 and 2088. Consequently, the Department of Safety and Professional Services no longer applies the requirements in this section to those sites. Information regarding the DNR permit requirements and standards may be available at http://dnr.wi.gov/topic/stormwater/construction.
(b) Land disturbing construction activities, except those activities necessary to implement erosion or sediment control practices, may not begin until the sediment control practices are in place for each area to be disturbed in accordance with the approved plan.
(c) Erosion and sediment control practices shall be maintained until the disturbed areas are stabilized. A disturbed area shall be considered stabilized by vegetation when a perennial cover has been established with a density of at least 70%.
(d) Erosion and sediment control practices shall either be approved by the department or listed by the department of natural resources in accordance with the process under s. NR 151.32 (2).
Note: Listed practices can be found through the Division of Industry Services website at http://dsps.wi.gov/programs/industry-services or by contacting the Division at telephone (608) 266-3151 or (877) 617-1565 or 411 (Telecommunications Relay).
(2)Mandated practices. Specific practices at each site where land disturbing construction activity is to occur shall be utilized to prevent or reduce all of the following:
(a) The deposition of soil from being tracked onto streets by vehicles.
(b) The discharge of sediment from disturbed areas into on-site storm water inlets.
(c) The discharge of sediment from disturbed areas into abutting waters of the state.
(d) The discharge of sediment from drainage ways that flow off the site.
(e) The discharge of sediment by dewatering activities.
(f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.