Chapter SPS 361

SPS 361.03(5)(b)3.b. b. The municipality demonstrates that the variance is necessary to protect the health, safety, and welfare of individuals within the municipality because of specific climate or soil conditions generally existing within the municipality.

SPS 361.03(5)(b)3.c. c. The municipality demonstrates that the granting of the variance, when viewed both individually and in conjunction with other variances requested by the municipality, does not impair the statewide uniformity of chs. SPS 361 to 366.

SPS 361.03(5)(b)3.d. d. Prior to making a determination on a municipal variance, the department shall solicit within the municipality and consider the statements of any interested persons as to whether the variance should be granted.

SPS 361.03(5)(b)3.e. e. This subdivision shall be strictly construed in accordance with the goal of promoting statewide uniformity.

SPS 361.03(5)(b)4. 4. Pursuant s. 101.121, Stats., a city, village, town, or county may not enact or enforce additional or more restrictive standards regarding issues addressed under chs. SPS 361 to 366 that would apply to alteration or change of occupancy for a historic building.

SPS 361.03(5)(b)5. 5. Pursuant to s. 101.02 (7e), Stats., no city, village, or town may enact or enforce an ordinance related to fire safety that prohibits the seasonal placement of a Christmas tree in a church.

SPS 361.03(6) (6) Alternatives. Nothing in chs. SPS 361 to 366 is intended to prohibit or discourage the design and utilization of new building products, systems, components, or alternate practices, provided written approval from the department is obtained first.

SPS 361.03 Note Note: Chapter SPS 361, subch. VI contains requirements for approval of building products and alternate standards.

SPS 361.03(7) (7) New buildings and structures. All buildings, structures and additions to buildings, structures, and components, to be constructed or erected shall be designed, constructed, and maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:

SPS 361.03(7)(a) (a) Pursuant to s. SPS 361.30, the date plans for the building, structure or addition are approved by the department or authorized representative.

SPS 361.03(7)(b) (b) The date the local building permit is issued, if plan submission and approval is not required under s. SPS 361.30.

SPS 361.03(7)(c) (c) The date construction is initiated, where pars. (a) and (b) do not apply.

SPS 361.03(8) (8) Alterations. All portions, elements, systems or components of existing buildings and structures to be altered or modified, where the alteration or the modification affects a building element or component relating to subject matters regulated by chs. SPS 361 to 366, shall be designed, constructed, and maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:

SPS 361.03(8)(a) (a) Pursuant to s. SPS 361.30, the date plans for the alteration or modification are approved by the department or authorized representative.

SPS 361.03(8)(b) (b) The date the local building permit is issued, if plan submission and approval is not required under s. SPS 361.30.

SPS 361.03(8)(c) (c) The date the alteration is initiated, where pars. (a) and (b) do not apply.

SPS 361.03(9) (9) Replacements. All building systems or components of existing buildings and structures to be replaced, where the replacement involves a building element or component relating to subject matters regulated by chs. SPS 361 to 366 shall conform and be maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:

SPS 361.03(9)(a) (a) Pursuant to s. SPS 361.30, the date plans for the replacement are approved by the department or authorized representative.

SPS 361.03(9)(b) (b) The date the local building permit is issued, if plan submission and approval is not required under s. SPS 361.30.

SPS 361.03(9)(c) (c) The date the replacement is initiated, where pars. (a) and (b) do not apply.

SPS 361.03(10) (10) Repairs. All portions, elements, systems or components of existing buildings and structures repaired shall conform and be maintained in accordance with the rules of chs. SPS 361 to 366 as the rules exist on one of the following:

SPS 361.03(10)(a) (a) The date plans for that portion, element, system or component was approved by the department or authorized representative.

SPS 361.03(10)(b) (b) The date the local building permit was issued for that portion, element, system or component, if plan submission and approval was not required.

SPS 361.03(10)(c) (c) The date construction was initiated for that portion, element, system or component, where pars. (a) and (b) do not apply.

SPS 361.03(10)(d) (d) The date repair is initiated.

SPS 361.03(11) (11) Change of occupancy or use. Except as provided in sub. (12), no change may be made in the use or occupancy of any building or structure, or any space within a building or structure, that would place the building, structure or space either in a different division of the same group of occupancies or in a different group of occupancies, unless the building, structure or space complies with the requirements of chs. SPS 361 to 366 for the new division or group of occupancies, as these requirements exist on one of the following dates:

SPS 361.03(11)(a) (a) Pursuant to s. SPS 361.30, the date when plans for the change in occupancy or use are approved by the department or authorized representative.

SPS 361.03(11)(b) (b) The date a local building permit is issued, if plan submittal and approval is not required under s. SPS 361.30.

SPS 361.03(11)(c) (c) The date construction is initiated, where pars. (a) and (b) do not apply.

SPS 361.03(11)(d) (d) The date an occupancy permit is issued, where pars. (a) to (c) do not apply.

SPS 361.03(12) (12) Temporary use. A municipal fire or building code official may permit a building or structure to be used temporarily by the public, subject to all of the following provisions:

SPS 361.03(12)(a) (a) The official shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use. This time frame may not exceed 180 days, except the official may grant extensions for demonstrated cause.

SPS 361.03(12)(b) (b) Except as provided in par. (c), buildings or spaces considered for temporary use shall conform to the requirements of chs. SPS 361 to 366 as necessary to ensure the public safety, health and general welfare.

SPS 361.03(12)(c) (c) The official may require additional safety requirements for a temporary use as a tradeoff for any safety provisions that may be lacking.

SPS 361.03(12)(d) (d) The official may terminate the approval for a temporary use at any time and order immediate discontinuance of the use or complete evacuation of the building or space.

SPS 361.03(13) (13) Existing buildings and structures.

SPS 361.03(13)(a) (a) Unless otherwise specifically stated in chs. SPS 361 to 366, an existing building or structure, and every element, system, or component of an existing building or structure shall be maintained to conform with the Wisconsin administrative building code provisions that applied when the building, structure, element, system, or component was constructed, or altered except when required by subsequent editions of the building code.

SPS 361.03(13)(b) (b) Existing bleachers, grandstands, and folding and telescopic seating shall comply with IBC section 1029.1.1.

SPS 361.03(14) (14) International fire code. The 2015 IFC does not apply to chs. SPS 361 to 366 except as follows:

SPS 361.03(14)(a) (a) Design and construction-related requirements shall apply that are addressed in the IFC section 102.6; IFC chapters 2 to 4; IFC sections 501 to 502 and 504 to 510; IFC sections 601 to 605 and 607 to 609; IFC chapters 7 and 8; IFC sections 901.1 to 901.4.3, 901.4.5 to 909.18.9, and 909.20 to 913; IFC chapters 10, 11, 21, and 22; IFC section 2311.7, and IFC chapters 24 to 37, 50, 51, 54 to 57, 59, 60, 62 to 67, and 80.

SPS 361.03(14)(b) (b) Occupant loads addressed in IFC section 1004.5 shall apply but shall be established by the owner rather than by the code official.

SPS 361.03(14)(c) (c) Construction-related inspections and reports shall apply that are addressed in IFC chapters 2 to 8; IFC sections 901 to 909.18.9 and 909.20 to 913; and IFC chapters 10, 11, 21, 22, 24 to 37, 50, 51, 54 to 57, 59, 60, and 62 to 67, but may be performed or compiled by any qualified agency, rather than by a special inspector.

SPS 361.03(14)(d) (d) Use and operation provisions shall apply which are a contingency of design and construction-related requirements and which are addressed in IFC chapters 2 to 4; IFC sections 501 and 502 and 504 to 510; IFC sections 601 to 605 and 607 to 609; IFC chapters 7 and 8; IFC sections 901.1 to 901.4.3, 901.4.5 to 909.18.9, and 909.20 to 913; and IFC chapters 10, 11, 21, 22, 24 to 37, 50, 51, 54 to 57, 59, 60, 62 to 67, and 80.

SPS 361.03 Note Note: A copy of the 2015 IFC may be viewed or acquired at codes.iccsafe.org.

SPS 361.03(15) (15) Global Deletions For The International Codes. Unless specifically applied by another department-written rule in chs. SPS 361 to 366, the following requirements of the IBC, IEBC, IECC, IFC, IFGC, and IMC do not apply as rules of the department:

SPS 361.03(15)(a) (a) All requirements that specify submittal and approval of construction documents, shop drawings or acceptance tests and records.

SPS 361.03(15)(b) (b) All requirements that specify employing special inspectors or obtaining special inspections or structural observations.

SPS 361.03(15)(c) (c) All requirements that mandate obtaining approval, acceptance or other direction from a building or fire code official.

SPS 361.03 Note Note: This paragraph does not delete options to obtain approval from the Department or its authorized agents for specific circumstances that differ from conditions which are more generally prescribed in the above-listed codes.

SPS 361.03(15)(d) (d) All requirements that specify providing information to a building or fire code official, unless that official requests the information.

SPS 361.03(15)(e) (e) All requirements that address construction in flood hazard areas.

SPS 361.03(15)(f) (f) All requirements that address construction of detached one-or two-family dwellings and any references to the IRC.

SPS 361.03(15)(g) (g) All requirements that specify obtaining a permit or certificate of occupancy.

SPS 361.03 Note Note: For an example of a Department-written rule that specifically applies one or more of the requirements referenced above, see s. SPS 362.1700, which specifically applies the special inspections and determinations in IBC sections 1711 to 1716.

SPS 361.03 Note Note: The Department and other state agencies may have additional rules that affect the design, construction, maintenance and use of public buildings and places of employment, including chs. SPS 305, Licenses, Certifications, and Registrations; SPS 307, Explosives and Fireworks; SPS 314, Fire Prevention; SPS 316, Electrical; SPS 318, Elevators, Escalators and Lift Devices; SPS 340, Gas Systems; SPS 341, Boilers and Pressure Vessels; SPS 343, Anhydrous Ammonia; SPS 345, Mechanical Refrigeration; SPS 375 to 379, Buildings Constructed Prior to 1914; SPS 381 to 387, Plumbing; SPS 390, Public Swimming Pools; and SPS 391, Sanitation. The Department’s Division of Industry Services administers all of these listed codes.

SPS 361.03 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 01-139: am. (6) (c), (7) (c), (13) (a) 1. and 6. Register June 2002 No. 558, eff. 7-1-02; CR 04-016: am. (3), (5), (6) (intro.), (7) (intro.), (8) (intro.), (9) (intro.), (10) (b), (13) (a) 1. and 6., cr. (10) (a) 4. and (12) (b), renum. (12) to be (12) (a) and am., Register December 2004 No. 588, eff. 1-1-05; CR 05-113: cr. (4) (b) 6. Register December 2006 No. 612, eff. 4-1-07; CR 06-120: r. and recr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: am. (14) (a) to (c), r. (14) (d) and (e), renum. (14) (f) to be (d) and am., cr. (15), Register August 2011 No. 668, eff. 9-1-11; correction in (1) (a), (c), (7) (a), (b), (8) (a), (b), (9) (a), (b), (11) (a), (b), (14) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-016: am. (14) (a) Register October 2015 No. 718, eff. 11-1-15; CR 16-094: am. (1) (a), (c), (2), (3) (a), (5) (a) 1., 2., (5) (b) 1., 2., 3. c., 4., cr. (5) (b) 5., am. (6), (7) (intro.), (8) (intro.), (9) (intro.), (10) (intro.), (11) (intro.), (12) (b), (13), (14), (15) (intro.), (f), Register April 2018 No. 748 eff. 5-1-18.

SPS 361.04 SPS 361.04 Definitions. In chs. SPS 361 to 366:

SPS 361.04(1) (1) “Authorized representative” means any certified municipality or county as specified in s. SPS 361.60, and any appointed agent under s. 101.12 (3g), Stats.

SPS 361.04(1g) (1g) “Compliance assurance program” means a detailed system documenting the methods used to ensure modular multifamily housing, modular multifamily building systems, and building system components are manufactured in accordance with department-approved plans and chs. SPS 361 to 366.

SPS 361.04(1r) (1r) “Crematory” means a building or portion of a building within which a cremation chamber is located.

SPS 361.04(2) (2) “Department” means the department of safety and professional services.

SPS 361.04(3) (3) “Dwelling unit” has the meaning given in s. 101.61 (1), Stats., for the purpose of determining whether chs. SPS 361 to 366 applies to a residential occupancy. For all other purposes, the meaning is as given in IBC section 202, IECC section 202, and IMC section 202.

SPS 361.04 Note Note: Section 101.61 (1), Stats., reads in part: “ ‘Dwelling unit’ means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.”

SPS 361.04(3m) (3m) “Home-based business” means any business, profession, trade, or employment conducted in a person’s dwelling unit, which may involve the person’s immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:

SPS 361.04(3m)(a) (a) Explosives, fireworks, or repair of motor vehicles.

SPS 361.04(3m)(b) (b) More than 25% of the habitable floor area of the dwelling unit.

SPS 361.04 Note Note: A dwelling unit that includes a home-based business is referred to as a “live/work” unit as defined in s. SPS 362.0202 (2) (h).

SPS 361.04(4) (4) “HVAC system” means a heating, ventilating, or air conditioning system or a component thereof that is permanently installed to provide control of environmental conditions within buildings.

SPS 361.04(5) (5) “IBC” or “International Building Code” means the International Building Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.

SPS 361.04(6) (6) “ICC Electrical Code” means ch. SPS 316.

SPS 361.04(7) (7) “IEBC” or “International Existing Building Code” means the International Existing Building Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.

SPS 361.04(8) (8) “IECC” or “International Energy Conservation Code” means the International Energy Conservation Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.

SPS 361.04(9) (9) “IFC” and “International Fire Code” mean the International Fire Code®.

SPS 361.04(10) (10) “IFGC” or “International Fuel Gas Code” means the International Fuel Gas Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.

SPS 361.04(11) (11) “IMC” or “International Mechanical Code” means the International Mechanical Code®, as adopted under s. SPS 361.05 and modified in chs. SPS 361 to 366.

SPS 361.04(12) (12) “IPC” and “International Plumbing Code” mean chs. SPS 381 to 387.

SPS 361.04(13) (13) “IPSC” and “International Private Sewage Code” mean chs. SPS 381 to 387.

SPS 361.04(13g) (13g) “IRC” or “International Residential Code” means the International Residential Code®.

SPS 361.04(13r) (13r) “Mausoleum” means a public building, structure, or part of a building or structure that is used or intended to be used for the burial of human remains.

SPS 361.04(14) (14) “Multifamily dwelling” has the meaning given in s. 101.971 (2), Stats.

SPS 361.04(15) (15) “Recreational and educational camp” has the meaning given in s. 101.053, Stats.

SPS 361.04(15g) (15g) “Seasonal recreational and educational camp building” means a building or structure occupied only between the dates of May 1st and October 15th and located at a recreational and educational camp.

SPS 361.04(15m) (15m) “Secretary” has the meaning given in s. 101.01 (14), Stats.

SPS 361.04(16) (16) “Wisconsin insignia” means a device or seal approved by the department to certify compliance with chs. SPS 361 to 366.

SPS 361.04 Note Note: Many of the model building codes created by the International Code Council (ICC) and adopted by the Department of Safety and Professional Services may be viewed free of charge on the ICC website. To access these codes go to codes.iccsafe.org and click on “I-Codes.”

SPS 361.04 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: (4) renum. from Comm 62.0202 (1) (j), am. (1), renum. (3) and (4) to be (5) and (6), cr. (3) Register December 2004 No. 588, eff. 1-1-05; CR 05-113: am. (6) Register December 2006 No. 612, eff. 4-1-07; CR 06-120: renum. (4) to (6) to be (14), (4) and (15) and am. (15), cr. (7), renum. Comm 62.0202 (1) (c), (d) and (e) to (j) to be Comm 61.04 (5), (6) and (8) to (13) and am. (5) and (8) to (11), Register February 2008 No. 626, eff. 3-1-08; CR 10-103: r. and recr. (4), am. (15), Register August 2011 No. 668, eff. 9-1-11; correction in (1), (2), (5), (6), (7), (8), (10), (11), (12), (13), (15) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 16-094: am. (intro.), cr. (1g), (1r), am. (3), cr. (3m), am. (5), (7), (8), (10), (11), cr. (13g), (13r), r. (15), cr. (15m), (16) Register April 2018 No. 748 eff. 5-1-18; 2017 Wis. Act 198: am. (1) Register April 2018 No. 748, eff. 5-1-18; CR 22-069: cr. (15), (15g) Register July 2023 No. 811, eff. 8-1-23.

SPS 361.05 SPS 361.05 Adoption of the International Codes.

SPS 361.05(1) (1) Ibc. The International Building Code® – 2015, subject to the modifications specified in this chapter and ch. SPS 362 is incorporated by reference into chs. SPS 361 to 366.

SPS 361.05(2) (2) Iecc. The International Energy Conservation Code® – 2015, subject to the modifications specified in this chapter and ch. SPS 363 is incorporated by reference into chs. SPS 361 to 366.