SPS 366.0101(3)(a)(a) A municipal fire or building code official may allow an existing building or a portion of an existing building to be used temporarily in a manner that differs from the approved use for the building or space subject to all of the following provisions:
SPS 366.0101(3)(a)1.
1. 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 366.0101(3)(a)2.
2. Except as provided in subd.
3., buildings or spaces considered for temporary use shall conform to the requirements of this code as necessary to ensure the public safety, health, and general welfare.
SPS 366.0101(3)(a)3.
3. The official may require additional safety requirements for a temporary use as a trade-off for any safety provisions that may be lacking.
SPS 366.0101(3)(a)4.
4. 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 366.0101(3)(b)
(b) A temporary use permit issued by a local authority may not supersede a state corrective building order.
SPS 366.0101(4)(a)(a) The repair, alteration, change of occupancy, addition, or relocation of all existing buildings shall comply with one of the methods listed in par.
(b) or
(c) as selected by the applicant. Application of a method shall be the sole basis for assessing the compliance of work by the code official. Paragraphs
(b) and
(c) shall not be applied in combination with each other.
SPS 366.0101(4)(b)
(b) Repairs, alterations, additions, changes in occupancy, and relocated buildings complying with the applicable requirements of IEBC chapters 5 through 13 shall be considered in compliance with the provisions of chs.
SPS 361 to
366.
SPS 366.0101(4)(c)
(c) Repairs, alterations, additions, changes in occupancy, and relocated buildings complying with IEBC chapter 14 shall be considered in compliance with the provisions of chs.
SPS 361 to
366.
SPS 366.0101 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: renum. (2) to be (2) (a) and am., cr. (2) (b)
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: am. (1), renum. (3) to (3) (a) and am. (3) (a) 2., cr. (3) (b), am. (4) (b), (c)
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0202(1)(1)
Additions. This is a department definition for this chapter in addition to the definitions in IEBC section 202: “Exhibit building" means a qualified historic building that is open to the general public only for display or tours.
SPS 366.0202(2)(a)(a) Substitute the following definition for the corresponding definition in IEBC section 202: “Historic building" means a “qualified historic building" as defined under s.
101.121 (2) (c), Stats.
SPS 366.0202 Note
Note: Section
101.121 (2) (c) of the Statutes reads as follows: “Qualified historic building" means a historic building which:
1. Is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places;
2. Is included in a district which is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district;
2m. Is determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places;
3. Is listed on a certified local register of historic property; or
4. Is included in a district which is listed on a certified local register of historic property, and has been determined by the city, village, town or county to contribute to the historic significance of the district.
SPS 366.0202 Note
Note: Form SBD-7728 may be utilized to provide the status on a historic commercial building. This form is available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 7302, Madison, Wisconsin 53707-7302, or call (608) 266-2112.
SPS 366.0202(2)(b)
(b) Substitute the following definition for the corresponding definition in IEBC section 202: “Unsafe" means buildings, structures or equipment that are unsanitary, or that are deficient due to inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or in which the structure or individual structural members meet the definition of “dangerous," or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe.
SPS 366.0202(2)(c)
(c) Substitute the following definition for the corresponding definition in IEBC section 202: “Work area” means that portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by chs.
SPS 361 to
366. The work area is the area reconfigured with full height walls or the area that has its required egress reconfigured.
SPS 366.0202 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2008 No. 626;
CR 10-103: am. (2), cr. (2) (b)
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: cr. (2) (c)
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0400
SPS 366.0400 Prescriptive compliance method. The requirements in IEBC chapter 4 are not included as part of chs.
SPS 361 to
366, except for the requirements in IEBC section 410 when applied by IEBC section 1401.2.5.
SPS 366.0400 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: am.
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: renum. from 366.0300 and am.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0600
SPS 366.0600 Carbon monoxide alarms for CBRF's accommodating fewer than 20 residents. These are department rules in addition to the requirements in IEBC chapter 6 and are established under the authority of s.
101.127, Stats.:
SPS 366.0600(1)(a)(a) Existing buildings converted to be community-based residential facilities accommodating fewer than 20 residents shall be provided with carbon monoxide alarms by July 1, 2013, when either one of the following conditions exists:
SPS 366.0600(1)(b)
(b) This section applies to community-based residential facilities described under par.
(a) in existence prior to January 1, 2005.
SPS 366.0600 Note
Note: Pursuant to s.
101.01 (12), Stats., an existing building converted to be community-based residential facility accommodating fewer than 20 residents is not defined to be a “public building." See also s.
SPS 361.02 (4).
SPS 366.0600(2)
(2) Carbon monoxide alarms shall be listed and labeled to be in conformance with one of the following standards:
SPS 366.0600(3)(a)(a) A carbon monoxide alarm shall be installed in accordance with the instructions of its manufacturer.
SPS 366.0600(3)(b)
(b) A carbon monoxide alarm shall be provided on each floor level of an existing building accommodating a community-based residential facility described under sub.
(1) (a), if the building contains fuel-burning appliances.
SPS 366.0600(3)(c)
(c) A carbon monoxide alarm shall be provided on each floor level where sleeping units are located in an existing building accommodating a community-based residential facility described under sub.
(1) (a), if the building has an attached garage and no fuel-burning appliances.
SPS 366.0600 History
History:
CR 10-103: cr.
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: renum. from 366.0500 and am. (intro.)
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0603
SPS 366.0603 Smoke alarms. These are department rules in addition to the requirements in IEBC section 603:
SPS 366.0603(1)
(1) No smoke alarm, including an alarm that exists on September 1, 2011, may remain in service for more than that specified by the manufacturer.
SPS 366.0603(2)
(2) The replacement of a smoke alarm that uses a battery as its primary power source shall be a new smoke alarm that complies with UL 217 and either of the following:
SPS 366.0603(2)(a)
(a) The alarm is hardwired in accordance with IBC section 907.2.11.4 and has backup power in accordance with that section.
SPS 366.0603(2)(b)
(b) The alarm uses, as its primary power source, a non-replaceable, non-removable battery that is capable of powering the alarm for at least 10 years.
SPS 366.0603 History
History:
CR 10-103: cr.
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: renum. from 366.0503 and am. (intro.)
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0605
SPS 366.0605 Accessibility. Substitute the following wording for the requirements in IEBC section 605.1: General. Repairs shall maintain accessibility in accordance with IEBC section 705.1.13.
SPS 366.0605 History
History:
CR 16-094: cr.
Register April 2018 No. 748, eff. 5-1-18; correction made under s.
13.92 (4) (b) 1., Stats.,
Register October 2018 No. 754.
SPS 366.0606
SPS 366.0606 Structural evaluation. The requirements in IEBC sections 606.2 to 606.2.5 are not included as part of chs.
SPS 361 to
366.
SPS 366.0606 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 16-094: renum. from 366.0506 and am.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0609
SPS 366.0609 Repairs — plumbing. The requirements in IEBC section 609 are not included as part of chs.
SPS 361 to
366.
SPS 366.0609 Note
Note: See the Wisconsin Uniform Plumbing Code, chs.
SPS 382 to
387, for plumbing and water conservation provisions.
SPS 366.0609 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 16-094: renum. from 366.0509 and am.
Register April 2018 No. 748, eff. 5-1-18; correction in (title) made under s.
13.92 (4) (b) 2., Stats.,
Register April 2018 No. 748.
SPS 366.0701
SPS 366.0701 Alterations. Substitute the following wording for the requirements in IEBC section 701.2: Conformance. An existing building or portion thereof may not be altered such that the building becomes less safe than was required in its existing condition.
SPS 366.0701 History
History:
CR 16-094: cr.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0702(1)(1)
Materials and methods. Substitute the following wording for the requirements in IEBC section 702.4: All new work shall comply with materials and methods requirements in the IBC, IECC, IFGC, IMC, and IPC, as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building.
SPS 366.0702(2)
(2)
International fuel gas code. The requirements in IEBC section 702.4.1 are not included as part of chs.
SPS 361 to
366.
SPS 366.0702 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: am.
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: renum. from 366.0602 and am.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0704(1)(1)
Alterations. Substitute the following wording for the requirements in IEBC section 704.1: Alterations shall be done in a manner that maintains the level of protection required for the means of egress prior to the alteration.
SPS 366.0704(2)
(2)
Stairway width. This is a department rule in addition to the requirements in IEBC section 704: Where installing an inclined platform lift or stairway chairlift, the clear-passage width shall be provided with the lift in the unfolded, usable position—except where an existing, previously approved lift is being replaced, the clear-passage width may remain as it was with the original lift in place, but it may not be reduced by the replacement.
SPS 366.0704 History
History:
CR 14-020: cr.
Register August 2014 No. 704, eff. 9-1-14;
CR 16-094: cr. (title), (1), renum. (2) from 366.0604 and am.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0804
SPS 366.0804 Automatic sprinkler systems. This is a department exception to the requirement in IEBC section 804.2: The installation or extension of an automatic sprinkler system may exclude the protection of combustible concealed spaces that are not accessible in existing buildings. This exclusion is also applicable to sprinkler systems triggered by changes of use or additions.
SPS 366.0804 History
History:
CR 10-103: renum. from Comm 66.0701 and am.
Register August 2011 No. 668, eff. 9-1-11;
CR 16-094: renum. from 366.0704 and am.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0809
SPS 366.0809 Altered existing mechanical systems. The exception to the requirements in IEBC section 809.1 and the requirements in IEBC section 809.2 are not included as part of chs.
SPS 361 to
366.
SPS 366.0809 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 16-094: renum. from 366.0709 and am.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0810
SPS 366.0810 Minimum plumbing fixtures. Substitute the following wording for the requirements in IEBC section 810.1: Where the occupant load of a story is increased by more than 20 percent, plumbing fixtures for the story shall be provided in quantities specified in the IBC based on the increased occupant load.
SPS 366.0810 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 16-094: renum. from 366.07010 and am.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0902(1)(1)
Boiler and furnace equipment rooms. Substitute the following wording for the requirements, but not the exceptions, in IEBC section 902.1.2: Boiler and furnace equipment rooms. Boiler and furnace equipment rooms adjacent to or within Groups I-1, I-2, I-4, R-1, R-2, and R-4 occupancies shall be enclosed in compliance with IBC 509 heating equipment enclosure requirements.
SPS 366.0902(2)
(2)
Emergency controls. The requirements in IEBC section 902.2.1 are not included as part of chs.
SPS 361 to
366.
SPS 366.0902 History
History:
CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 16-094: cr. (title), (1), renum. (2) from 366.0802 and am.
Register April 2018 No. 748, eff. 5-1-18; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register October 2018 No. 754.
SPS 366.0903
SPS 366.0903 Building elements and materials. Substitute the following wording for the requirements in IEBC section 803.2.1: All existing interior vertical openings in the work area connecting two or more floors shall be enclosed with approved assemblies having a fire resistance rating of not less than one hour with approved opening protectives.
SPS 366.0903 History
History:
CR 16-094: cr.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0904
SPS 366.0904 Level 3 alterations fire protection. SPS 366.0904(1)(1)
Upholstered furniture. The requirement in IEBC section 904.1.3 condition 3 is not included as part of chs.
SPS 361 to
366.
SPS 366.0904(2)
(2)
Fire alarm and detection systems. Substitute the requirements from 2009 IEBC section 804.2 for the requirements in IEBC section 904.2.
SPS 366.0904 History
History:
CR 16-094: cr.
Register April 2018 No. 748, eff. 5-1-18.
SPS 366.0909
SPS 366.0909 Level 3 alterations plumbing. These are department rules in addition to the requirements in IEBC chapter 9:
SPS 366.0909(1)
(1) Pursuant to s.
101.128, Stats., level 3 alterations within an existing facility where the public congregates shall necessitate that plumbing fixtures serving the work area be provided in a ratio of at least 2 water closets for females as to each water closet and urinal for the males.
SPS 366.0909 Note
Note: Section
101.128 (1) (b), Stats., reads: “Facility where the public congregates" means any of the following that has a general capacity or a seating capacity of 500 or more persons:
SPS 366.0909 Note
1. An amusement facility.
SPS 366.0909 Note
2. A convention or trade hall or center.
SPS 366.0909 Note
3. A specialty event center.
SPS 366.0909 Note
4. A sports or entertainment arena, center or building.
SPS 366.0909 Note
5. A stadium.
SPS 366.0909 Note
6. An airport, bus terminal, train station or other transportation center.
SPS 366.0909 Note
Note: Section
101.128 (1) (d), Stats., reads: “Renovation" means any structural remodeling, improvement or alteration of an existing facility where the public congregates. “Renovation" does not include any of the following:
