Wisconsin Legislature: SPS 320.07(66)

(56) “Open construction” means any building, building component, assembly or system manufactured in such a manner that it can be readily inspected at the building site without disassembly, damage or destruction.

(57) “Owner” means any person having a legal or equitable interest in the dwelling.

(58) “Perm” means a unit of permeance which is measured in grains per (hour) (square foot) (inch of mercury vapor pressure difference).

Note: The lower the perm rating of a material is, the more difficult it is for water vapor to pass through it.

(59) “Pilaster” is a projection of masonry or a filled cell area of masonry for the purpose of bearing concentrated loads or to stiffen the wall against lateral forces.

(59m) “Porch” means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any building, and having a roof and floor.

(59p) “Primitive rural hunting cabin” has the meaning given in s. 101.61 (3), Stats.

Note: Section 101.61 (3), Stats., reads as follows:

(3) “Primitive rural hunting cabin” means a structure that satisfies all of the following:

(a) The structure is not used as a home or residence.

(b) The structure is used principally for recreational hunting activity.

(d) The structure satisfies any of the following:

1. The structure was constructed before December 31, 1997.

2. The structure results from alterations made to a structure described in subd.1.

3. The structure replaces a structure described in subd. 1.

(59t) “Privy” means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited to a subsurface storage chamber.

(60m) “Registered UDC inspection agency” means a person, business or entity that is registered with the department for the purpose of facilitating plan review, issuance of Wisconsin uniform building permits, and inspection of one- and 2-family dwellings in municipalities where the department has jurisdiction pursuant to s. 101.651 (3) (b), Stats.

(61) “Repair” means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs or maintenance, or the replacement of existing fixtures, systems or equipment with the equivalent fixture, system or equipment.

(62) “Shingle” means a unit of roof-covering material that has been manufactured to specific dimensions and is applied in overlapping fashion. “Shingle” includes all of the following:

(a) “Fiberglass asphalt shingle” means a type of shingle with an internal mat composed of nonwoven, resin-bonded glass fibers, that is impregnated and coated with asphalt.

(b) “Laminated shingle” means a shingle with a second layer of asphalt and mat laminated to the first layer, usually in a design pattern to simulate the dimensional appearance of natural slate or wood shakes.

(c) “Organic asphalt shingle” means a shingle with an internal mat composed of organic fibers, such as cellulose, that is saturated and coated with asphalt.

(d) “Strip shingle” means a rectangular shingle that relies either on a sealant or on a combination of weight and stiffness to resist wind uplift, rather than using interlocking tabs.

(63) A “single-wythe wall” is a masonry wall consisting of one unit of thickness.

(64) A “smoke chamber” is that part of a fireplace which acts as a funnel to compress the smoke and gases from the fire so that they will enter the chimney above.

(65) A “smoke pipe” is a connector between the solid or liquid fuel-burning appliance and the chimney.

(65m) “Solid unit” means a masonry unit which has a net cross-sectional area parallel to the bearing face which is 75% or more of the gross cross-sectional area.

(65r) “Stabilized” means the condition where vegetation is established or other practices are in place on exposed soil surfaces so as to reduce erosion.

(66) “Stair,” “stairs,” or “stairway” means one or more risers and the necessary treads, which form a continuous passage from one elevation to another. Multiple stairways can be connected by platforms and landings.

(68) A “story” is that portion of a building located above the basement, between the floor and the ceiling.

(69) A “stove” is a nonportable solid-fuel-burning, vented, nonducted heat-producing appliance located in the space that it is intended to heat. This definition does not include cooking appliances.

(70) “Stovepipe.” Same as smoke pipe.

(71) “Strain” means a change in the physical shape of a material caused by stress.

(72) “Stress” means internal resistance to an external force expressed in load per unit area; stresses acting perpendicular (compression or tension) to the surface, shear stresses acting in the plane of the surface, or bending stresses which cause curving.

(73) “Structural analysis” is a branch of the physical sciences which uses the principles of mechanics in analyzing the impact of loads and forces and their effect on the physical properties of materials in the form of internal stress and strain.

(75) The “throat” of a fireplace is the slot-like opening above the firebox through which flames, smoke and other products of combustion pass into the smoke chamber.

(75m) “UDC” means chs. SPS 320 to 325, the Wisconsin uniform dwelling code.

(76) “Vent” means a vertical flue or passageway to vent fuel-burning appliances.

(77) A “vent connector” is a connector between a fuel-burning appliance and the chimney or vent.

(77f) “Water-resistive barrier” means a material, including flashing, behind an exterior wall covering that is intended to resist liquid water that has penetrated behind the permanent weather-resistant finish from further intruding into the exterior wall assembly.

(77m) “Waters of the state” includes those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface waters or groundwaters, natural or artificial, public or private, within the state or its jurisdiction.

(78) “Window” means a glazed opening in an exterior wall, including glazed portions of doors, within a conditioned space.

(78m) “Wisconsin Administrative Permit” means a permit issued by a municipality that does not conduct inspections or plan reviews under this code.

(79) “Wisconsin insignia” means a device or seal approved by the department to certify compliance with this code.

History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; cr. (34m) and (36m), Register, February, 1985, No. 350, eff. 3-1-85; am. (8), (22), (36m), (50), (58), (62) and (74), r. (18) and (53), renum. (26) to (29m) and am., cr. (34r), (38m), (40m), (59m) and (65m), r. and recr. (38), Register, January, 1989, No. 397, eff. 2-1-89; am. (16), (34m), (40), (52) (a) (intro.) and (b), cr. (21m), Register, March, 1992, No. 435, eff. 4-1-92; am. (16), cr. (intro), (8m), (28t), (28v), (63m), (65r) and (77m), Register, September, 1992, No. 441, eff. 12-1-92; am. (4) and (65r), renum. (62) to be (73r), cr. (26), (62), (78m), Register, November, 1995, No. 479, eff. 12-1-95; emerg. cr. (7m), (34L) and (40f), eff. 5-8-96; correction in (23) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1996, No. 490; emerg. cr. (7m), (34L) and (40f), eff. 5-8-96; cr. (7m), (15m), (34g), (34h) and (34i), renum. (34k) to be (34e), Register, February, 1997, No. 494, eff. 3-1-97; r. (22), (27m), (39), (73r) and (74), Register, January, 1999, No. 517, eff. 2-1-99; cr. (19m), (40t) and (59t), Register, April, 2000, No. 532, eff. 7-1-00; r. (4m), (28), (28r), (41m), (45), (56m), (60) and (73m), cr. (10m), (15g), (24m), (24r), (33m), (34f), (53), (53m), and (55m), r. and recr. (17) and (36) and am. (47) and (61), Register, March, 2001, No. 543, eff. 4-1-01; CR 00-159: cr. (60m) and (75m), Register September 2001 No. 549 eff. 12-1-01; CR 02-077: cr. (10t), r. and recr. (29) and (35) Register May 2003 No. 569, eff. 8-1-03; CR 05-113: cr. (19r), (46m) and (67m), r. (28v) and (63m), r. and recr. (65r) Register December 2006 No. 612, eff. 4-1-07; CR 06-071: am. (52) (b), cr. (52m) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: cr. (5m), (18), (34s), (53f) and (77f), r. (29m) and (52) Register March 2009 No. 639, eff. 4-1-09; correction in (intro.), (16), (23), (50), (75m) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 15-041: am. (34f), r. (34m), cr. (36r), (37m), am. (47), (50), (62) (intro.), (66), r. (67), (67m) Register December 2015 No. 720, eff. 1-1-16; CR 15-043: cr. (12m) Register December 2015 No. 720, eff. 1-1-16; correction in (12m) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720; EmR1703: emerg. cr. (10r), eff. 2-6-17; CR 17-017: cr. (10r) Register March 2018 No. 747, eff. 4-1-18; CR 21-047: am. (25), (27), cr. (59p) Register May 2022 No. 797, eff. 6-1-22.

Subchapter IV — Approval and Inspection of One- and 2-Family Dwellings

SPS 320.08 Wisconsin uniform building permit.

(1) Where required. Except as provided under s. SPS 320.09 (9) (b), a Wisconsin uniform building permit shall be obtained from the municipality administering and enforcing this code or from a registered UDC inspection agency administering and enforcing this code in a municipality where the department has jurisdiction pursuant to s. 101.651 (3) (b), Stats., before any on–site construction, including excavation for a structure, may begin.

(2) Inspections. A person who obtains a Wisconsin uniform building permit from a registered UDC inspection agency shall retain the same agency to conduct the inspections for the project under s. SPS 320.10.

Note: Section SPS 320.09 (9) (b) permits the issuance of a footing and foundation permit prior to the issuance of the Wisconsin uniform building permit.

History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. Register, September, 1992, No. 441, eff. 12-1-92; CR 00-159: r. and recr., Register September 2001 No. 549 eff. 12-1-01; CR 03-097: am. (1) Register November 2004 No. 587, eff. 1-1-05; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register August 2007 No. 620; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 320.09 Procedure for obtaining uniform building permit.

(1) Application. Application for a Wisconsin uniform building permit shall be on forms obtained from the department, the municipality or the authorized UDC inspection agency administering and enforcing this code. No application shall be accepted that does not contain all the information requested on the form.

Note: See ch. SPS 325 Appendix A for a copy of the Wisconsin uniform building permit and application.

Note: Any municipality exercising jurisdiction may require reasonable supplementary information not contained on the Wisconsin building permit application.

(2) Filing of permit applications.

(a) Construction or installation of a dwelling.

1. A Wisconsin uniform building permit application for the construction or installation of a dwelling shall be filed with the municipality or the authorized UDC inspection agency administering and enforcing this code.

2. Pursuant to s. 101.63 (7m), Stats., each municipality shall contact the department to register and enroll in the department’s online building permit system. Municipalities or its contracted agent shall then file all building permits in the format acceptable to the department no later than the 15th of the following month after the date the permit was issued.

Note: To register for the electronic building permit process the department may be contacted by telephone at (608) 266-2112, or via email at DSPSSBUDCTech@wisconsin.gov.

3. If the municipality administering and enforcing this code fails to file the electronic permit form information by the end of the first month following the date of issuance, the municipality, or the contracted inspection agency of that municipality shall refund to the person to whom the building permit was issued the amount of the permit fees less the fee paid to the state for the Wisconsin uniform building permit seal.

4. The Wisconsin uniform building permit shall not be issued nor shall the permit information be submitted electronically to the department prior to the receipt of all completed forms, fees, plans, and documents required to process the application and completion of other local prerequisite permitting requirements.

Note: The department requires copies of permits that are issued for new dwelling construction or installation only. Permits issued for additions, alterations, accessory buildings, etc., should not be filed with the department.

(b) Additions, alterations and repairs.

1. When required by local ordinance, permit applications for additions, alterations and repairs shall be filed with municipalities and counties in accordance with their adopted ordinances.

Note: The Department of Safety and Professional Services requires copies of permits that are issued for new dwelling construction only. Any permits issued for additions, alterations, repairs, garage construction, etc. are not required to be filed with the department.

2. Pursuant to s. 101.65 (1m), Stats., a building permit required under subd. 1. may not be issued unless the conditions of sub. (5) (c) are satisfied, except as provided under s. 101.654 (1) (b), Stats.

3. Building permits for additions, alterations and repairs are not required in municipalities where the department has jurisdiction under s. 101.651 (3) (b), Stats.

1. The permit application shall be reviewed by a certified UDC inspector.

2. A permit may be issued only after approval of the requirements under this section by a certified UDC inspector.

3. Dwellings for which a permit has been issued shall be inspected in accordance with s. SPS 320.10.

(3) Fees.

(a) Municipal fees.

1. The municipality shall, by ordinance, determine fees to cover expenses of plan examination, inspection and the issuance of the Wisconsin uniform building permit.

2. The municipality shall purchase a Wisconsin uniform building permit seal from the department for each new dwelling in accordance with s. SPS 302.34.

(b) Inspection agency fees.

1. UDC inspection agency fees shall be determined by contract between the municipality and the agency or between the department and the agency, where the agency has been authorized to conduct inspections on behalf of the department.

2. A UDC inspection agency shall purchase a Wisconsin uniform building permit seal from the department in accordance with s. SPS 302.34.

(4) Plan submittals. At least 2 sets of plans for all one- and 2-family dwellings shall be submitted to the municipality or authorized UDC inspection agency administering and enforcing this code, for examination and approval at the time the Wisconsin uniform building permit application is filed.

(5) Required plans. The required building plans shall be legible and drawn to scale or dimensioned and shall include all of the following:

(a) Site plan. The site plan shall show all of the following:

1. The location of the dwelling and any other buildings, wells, surface waters and dispersal systems on the site with respect to property lines and surface waters adjacent to the site.

2. The areas of land-disturbing construction activity and the location of all erosion and sediment control measures to be employed in order to comply with s. SPS 321.125.

3. The pre-construction ground surface slope and direction of runoff flow within the proposed areas of land disturbance.

(b) Floor plan.

1. Floor plans shall be provided for each floor.

2. The following features shall be included on all floor plans: