SPS 321.29(7)(7)Dampers. Dampers shall be made of cast iron or at least No. 12 gauge sheet metal. The area of the damper opening shall be at least 90% of the required flue area when in the open position.
SPS 321.29(8)(8)Hoods. Metal hoods, used in lieu of a masonry smoke chamber, shall be constructed of at least No. 19 gauge corrosion-resistant metal with all seams and connections of smokeproof construction. The hood shall be sloped at an angle of 45° or less from the vertical and shall extend horizontally at least 6 inches beyond the firebox limits. Metal hoods shall be kept a minimum of 18 inches from the combustible materials unless approved for reduced clearances.
SPS 321.29 NoteNote: The department will accept dampers and hoods listed by nationally recognized laboratories.
SPS 321.29(9)(9)Flue liners.
SPS 321.29(9)(a)(a) Flue liners shall be installed in accordance with s. SPS 321.30 (7) and this section.
SPS 321.29(9)(b)(b) Flue liners shall start at the top of the fireplace throat and extend to a point at least 4 inches above the top of the chimney cap.
SPS 321.29(9)(c)(c) Firebrick may be used in the throat of the fireplace as an inlet to the flue liner.
SPS 321.29(10)(10)Cleanout openings. Fireplaces with ash dumps shall be provided with cleanout openings at the base. Doors and frames of the opening shall be made of ferrous materials.
SPS 321.29(11)(11)Mantel shelves and combustible trim. Woodwork or other combustible materials shall not be placed within 6 inches of the fireplace opening. Combustible materials located within 12 inches of the fireplace opening shall not project perpendicularly more than 1/8-inch for each inch distance from the opening.
SPS 321.29(12)(12)Framing around fireplaces. Combustible materials located near fireplaces shall be installed in accordance with s. SPS 321.30 (9).
SPS 321.29(13)(13)Corbeling. Unless designed through structural analysis, masonry chimneys shall not be corbeled from a wall more than 6 inches nor shall a masonry chimney be corbeled from a wall less than 12 inches in nominal thickness unless it projects equally on each side of the wall. The corbeling shall not exceed one-inch projection for each brick course.
SPS 321.29 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. Register, February, 1985, No. 350, eff. 3-1-85; am. (6) and Table 21.29-1, Register, January, 1989, No. 397, eff. 2-1-89; am. (intro.) and (12), cr. (5m), r. and recr. (6), Register, March, 1992, No. 435, eff. 4-1-92; r. (12) and renum. (13) and (14) to be (12) and (13), Register, January, 1999, No. 517, eff. 2-1-99; r. and recr. (6) and (9), Register, March, 2001, No. 543, eff. 4-1-01; correction in (1), (5m), (6) (d), (9) (a), (12) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 321.30SPS 321.30Masonry chimneys. Masonry chimneys shall conform to the following provisions:
SPS 321.30(1)(1)Materials. No masonry chimney shall rest upon wood. The foundation shall be designed and built in conformity with the requirements for foundations. Masonry chimney walls shall be at least 4 inches in nominal thickness. Hollow cored masonry units may be used to meet the 4 inch nominal thickness requirement.
SPS 321.30(2)(2)Flue size. Chimney flues for appliances shall be at least equal in area to that of the area of the connector from the appliance.
SPS 321.30(3)(3)Multiple flue separation. When more than one flue is contained in the same chimney, a masonry separation of at least 4 inches nominal in thickness shall be provided between the individual flues. The joints of adjacent flue linings shall be staggered by at least 7 inches.
SPS 321.30(4)(4)Corbeling. Unless designed through structural analysis, masonry chimneys shall not be corbeled from a wall more than 6 inches nor shall a masonry chimney be corbeled from a wall less than 12 inches in nominal thickness unless it projects equally on each side of the wall. The corbeling shall not exceed one-inch projection for each brick course.
SPS 321.30(5)(5)Inlets. Inlets to masonry chimneys shall enter the side and be provided with thimbles. Thimbles shall be at least No. 24 manufacturer’s standard gauge (0.024 inch) or 5/8-inch thick, refractory material. Each chimney shall have an inlet installed at the time of construction.
SPS 321.30(6)(6)Clean-out opening. Every masonry chimney shall be provided with a clean-out opening at the base. Such openings shall be equipped with metal doors and frames arranged to remain closed when not in use. Clean-out openings shall be located below the lowest inlet to the flue.
SPS 321.30(7)(7)Flue liners.
SPS 321.30(7)(a)(a) Masonry chimneys shall be lined with a material that will resist corrosion, softening and cracking at temperatures up to 1800°F, such as vitrified clay sewer pipe or minimum 5/8-inch thick fireclay lining material.
SPS 321.30(7)(b)(b) All flue liners shall be laid in a full bed of refractory mortar or refractory cement.
SPS 321.30(7)(c)(c) Variations in inside and outside dimensions shall not exceed ¼ inch for clay flue liners.
SPS 321.30(7)(d)(d) There shall be a minimum clearance of ½-inch and a maximum clearance of 1-inch between the flue liner and the chimney walls.
SPS 321.30(7)(e)(e) Unless serving a masonry fireplace under s. SPS 321.29, flue liners shall commence at the chimney footing.
SPS 321.30(8)(8)Chimney caps. Chimneys shall be provided with precast or cast-in-place concrete chimney caps. Chimney caps shall have a minimum thickness of 2 inches, shall slope outwards away from the flue, and shall provide a one-inch overhang and drip edge on all sides. A slip joint shall be installed between the flue and the cap. The slip joint shall be filled with ¼-inch felt or similar material and shall be caulked with high-temperature caulk or similar material to prevent water infiltration.
SPS 321.30(9)(9)Clearance to combustibles.
SPS 321.30(9)(a)(a) The minimum clearance between combustibles and masonry chimneys which have any portion located within the exterior wall of the dwelling shall be 2 inches. The minimum clearance between combustibles and masonry chimneys which have all parts completely outside the dwelling, exclusive of soffit or cornice areas, shall be one inch.
SPS 321.30(9)(b)(b) Except as required under pars. (c) and (d), the clearance spaces shall remain completely open.
SPS 321.30(9)(c)(c) The clearance spaces between chimneys and wood joists, beams, headers or other structural members shall be fireblocked at each floor level from chimney footing all the way to the roof flashing with galvanized steel, at least 26 gage thick or with noncombustible sheet material.
SPS 321.30(9)(d)(d) Noncombustible material shall be used to prevent entry of debris into the clearance spaces.
SPS 321.30 HistoryHistory: Cr. Register, February, 1985, No. 350, eff. 3-1-85; am. (8), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr. (8) and (9); Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. (7) (a), cr. (7) (d) and (e), and am. (9) (c), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (7) (b) and (d) Register May 2003 No. 569, eff. 8-1-03; correction in (7) (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 321.32SPS 321.32Factory-built fireplaces. Factory-built fireplaces consisting of a fire chamber assembly, one or more chimney sections, a roof assembly and other parts shall be tested and listed by a nationally recognized testing laboratory.
SPS 321.32(1)(1)Fireplace assembly and maintenance. The fireplace assembly shall be erected and maintained in accordance with the conditions of the listing.
SPS 321.32(1)(a)(a) All joints between the wall or decorative facing material and the fireplace unit shall be completely sealed, firestopped or draft-stopped with a noncombustible caulk or equivalent.
SPS 321.32(1)(b)(b) Doors installed on factory built fireplaces shall conform with the terms of the listing and the manufacturers installation instructions for the fireplace unit.
SPS 321.32(2)(2)Distance from combustibles. Portions of the manufactured chimney extending through combustible floors or roof/ceiling assemblies shall be installed in accordance with the distances listed on the chimney in order to prevent contact with combustible materials.
SPS 321.32(3)(3)Hearth extensions. Hearth extensions shall be provided in accordance with the manufacturer’s listing. Where no hearth extension is specified in the listing, a hearth extension shall be provided in accordance with s. SPS 321.29 (6).
SPS 321.32 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; renum. from Ind 21.30 and r. and recr. (3), Register, February, 1985, No. 350, eff. 3-1-85; cr. (1) (a) and (b), am. (3) and Table 21.32-1, Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. Register, March, 1992, No. 435, eff. 4-1-92; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. X of ch. SPS 321Subchapter X — Construction in Floodplains
SPS 321.33SPS 321.33Construction in floodplains.
SPS 321.33(1)(1)General. Where dwelling construction is allowed by local zoning ordinances to take place in floodfringe areas of floodplains, the dwelling shall meet the requirements of this subchapter.
SPS 321.33 NoteNote: The department of natural resources (DNR) and the federal emergency management agency (FEMA) also have regulations that apply to construction in floodfringe areas.
SPS 321.33(2)(2)Elevation.
SPS 321.33(2)(a)(a) General. Except as provided in pars. (b) and (c), all dwellings constructed within a floodfringe area shall be elevated so the lowest floor and all basement floor surfaces are located at or above the base flood elevation.
SPS 321.33(2)(b)(b) Certified floodproof basements. Floodproof basements may have the top of the basement floor no more than 5 feet below the base flood elevation provided the basement is designed by a registered architect or engineer to be watertight and impermeable. No limitation is placed on the use or occupancy of a certified floodproof basement by the provisions of this subchapter.
SPS 321.33(2)(c)(c) Other enclosed spaces.
SPS 321.33(2)(c)1.1. Enclosed spaces not meeting the requirements of par. (b) are allowed at any depth below the base flood elevation provided the spaces are used only for one or more of the following purposes:
SPS 321.33(2)(c)1.a.a. Means of egress.
SPS 321.33(2)(c)1.b.b. Entrance foyers.
SPS 321.33(2)(c)1.d.d. Incidental storage of portable or mobile items.
SPS 321.33(2)(c)2.2. Fully enclosed spaces used only for those purposes listed in subd. 1. shall be designed to automatically equalize the hydrostatic pressure on exterior walls by allowing the entry and exit of floodwaters. Designs for meeting this requirement shall be certified by a registered architect or engineer or shall meet all of the following requirements:
SPS 321.33(2)(c)2.a.a. There shall be at least 2 pressure relieving openings and the openings shall have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
SPS 321.33(2)(c)2.b.b. The bottom of all openings shall be no more than 12 inches above grade.
SPS 321.33(2)(c)2.c.c. Openings may not be equipped with screens, louvers, valves or other coverings or devices unless such devices permit the automatic entry and discharge of floodwaters.
SPS 321.33(3)(3)Certification of elevation. A registered land surveyor, architect or engineer shall certify the actual elevation in relation to mean sea level of the lowest structural member required to be elevated by the provisions of this subchapter.
SPS 321.33(4)(4)Anchorage. The structural systems of all dwellings shall be designed, connected and anchored to resist flotation, collapse or permanent lateral movement due to structural loads and stresses at the base flood elevation.
SPS 321.33(5)(5)Protection of electrical and mechanical systems. Electrical and mechanical equipment shall be placed above the base flood elevation or shall be designed to prevent water contact with the equipment in case of a flood up to the base flood elevation.
SPS 321.33(6)(6)Construction materials and methods. All dwellings constructed in floodplains shall be constructed using materials and methods designed to minimize flood and water damage.
SPS 321.33 HistoryHistory: Emerg. cr. eff. 5-8-96; cr. Register, February, 1997, No. 494, eff. 3-1-97.
SPS 321.34SPS 321.34Construction in coastal floodplains.
SPS 321.34(1)(1)General. All dwellings constructed in coastal floodplains shall be designed by a registered architect or engineer and shall meet the requirements of this section and s. SPS 321.33.
SPS 321.34(2)(2)Elevation. All dwellings constructed in a coastal floodplain shall be elevated so the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, pilings, piling caps, columns, grade beams and bracing, is located at or above the base flood elevation.
SPS 321.34(3)(3)Enclosures below base flood elevation. Enclosures below the base flood elevation in a coastal floodplain may not be used for human occupancy and shall be free of all obstructions, except for non-loadbearing walls and partitions. Non-loadbearing walls and partitions below base flood elevation shall be constructed to break away without causing any structural damage to the elevated portion of the dwelling or foundation system due to the effect of wind loads and water loads acting simultaneously.
SPS 321.34(4)(4)Foundations. All dwellings located in a coastal floodplain shall be supported and anchored on pilings or columns. The piling or column shall have adequate soil penetration to resist combined water and wind loads at the base flood elevation. Piling or column design shall consider the effect of scour of soil strata. Mat or raft foundations to support columns may not be used where soil under the mat or raft is subject to scour or other erosion from wave flow conditions.
SPS 321.34 HistoryHistory: Emerg. cr. eff. 5-8-96; cr. Register, February, 1997, No. 494, eff. 3-1-97; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. XI of ch. SPS 321Subchapter XI — Installation of Manufactured Homes
SPS 321.40SPS 321.40Installation standards.
SPS 321.40(1)(1)Produced on or after April 1, 2007.
SPS 321.40(1)(a)(a) Adoption of standards. The federal Model Manufactured Home Installation Standards, 24 CFR part 3285, as in effect on December 1, 2014, is hereby incorporated by reference into this chapter.
SPS 321.40 NoteNote: A copy of this edition of 24 CFR 3285 is on file in the offices of the Department and the Legislative Reference Bureau. Copies of 24 CFR 3285 are available at http://www.gpo.gov/fdsys/granule/CFR-2013-title24-vol5/CFR-2013-title24-vol5-part3285.
SPS 321.40 NoteNote: Section 24 CFR 3285.1(a)(1) reads as follows: “States that choose to operate an installation program for manufactured homes in lieu of the federal program must implement installation standards that provide protection to its residents that equals or exceeds the protection provided by these Model Installation Standards.”
SPS 321.40(1)(b)(b) Compliance.
SPS 321.40(1)(b)1.1. A manufactured home produced on or after April 1, 2007, shall be installed in accordance with 24 CFR part 3285 except as otherwise provided by this subsection.
SPS 321.40 NoteNote: As provided under 24 CFR 3285.1(a)(intro.), “The manufacturer’s installation instructions, including specific methods for performing a specific operation or assembly, will be deemed to comply with these Model Installation Standards, provided they meet or exceed the minimum requirements of these Model Installation Standards and do not take the home out of compliance with the Manufactured Home Construction and Safety Standards (24 CFR part 3280).”
SPS 321.40(1)(b)2.2. If a requirement of this code applies to a manufactured home or to an attachment to a manufactured home, the manufactured home owner shall comply with that requirement. If the manufactured home is located in a manufactured home community, the manufactured home community operator is not responsible for compliance with that requirement unless the manufactured home community operator is the manufactured home owner.
SPS 321.40(1)(c)(c) Additional definitions. These are department definitions in addition to the definitions in 24 CFR 3285.5:
SPS 321.40(1)(c)1.1. “Department” means the department of safety and professional services.
SPS 321.40(1)(c)2.2. “HUD” means the federal department of housing and urban development.
SPS 321.40(1)(c)2m.2m. “Manufactured home owner” has the meaning given in s. 101.652 (1) (d), Stats.
SPS 321.40 NoteNote: Section 101.652(1)(d), Stats. reads as follows: “Manufactured home owner” does not include a person that leases a manufactured home from another.
SPS 321.40(1)(c)3.3. “Manufactured home section” means a portion of a manufactured home which when installed does not provide all the facilities for year–round residential occupancy.
SPS 321.40(1)(c)4.4. “Manufactured home unit” means a complete manufactured home which when installed provides all the facilities for year–round residential occupancy.
SPS 321.40(1)(d)(d) Substituted definitions. Substitute the following definitions and informational note for the corresponding definitions in 24 CRF 3285.5:
SPS 321.40(1)(d)1.1. “Approved” means acceptable to the department.
SPS 321.40(1)(d)2.2. “Base flood elevation” means the elevation of the base flood, including wave height, relative to the datum specified on a county’s flood hazard map.
SPS 321.40(1)(d)3.3. “Flood hazard area” means the greater of either of the following:
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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.