MULTIFAMILY DWELLING CODE
101.971
101.971
Definitions. In this subchapter:
101.971(2)
(2) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium, or modular home, as defined in
s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units the initial construction of which is begun on or after January 1, 1993. "Multifamily dwelling" does not include a facility licensed under
ch. 50.
101.971(3)
(3) "Owner" means a person having a legal or equitable interest in a multifamily dwelling.
101.971(4)
(4) "Political subdivision" means a county, city, village or town.
101.971 History
History: 1991 a. 269;
2007 a. 11.
101.972
101.972
Multifamily dwelling code council duties. The multifamily dwelling code council shall review the rules for multifamily dwelling construction and recommend a uniform multifamily dwelling code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall identify, consider and make recommendations to the department regarding variances in the rules for different climate and soil conditions and the variable conditions created by building and population densities.
101.972 History
History: 1991 a. 269.
101.973
101.973
Department duties. The department shall:
101.973(1)
(1) Promulgate rules that establish standards for the construction of multifamily dwellings and their components.
101.973(2)
(2) Biennially review the rules promulgated under this subchapter.
101.973(3)
(3) Issue any special order that it considers necessary to secure compliance with this subchapter.
101.973(4)
(4) Prescribe and furnish to political subdivisions a standard building permit format for all multifamily dwellings subject to this subchapter.
101.973(5)
(5) Collect and publish the data secured from the building permits.
101.973(7)
(7) Establish by rule a schedule of fees sufficient to defray the costs incurred by the department under this subchapter.
101.973(9)
(9) Incorporate by reference in the rules promulgated under this subchapter all rules promulgated under
subch. I that apply to multifamily dwellings.
101.973(10)
(10) Establish a program of quality control training for all inspectors who inspect multifamily dwellings for compliance with this subchapter.
101.973(11)
(11) Contract with the legislative audit bureau to make periodic performance audits of any division of the department that is responsible for inspections of multifamily dwellings.
101.974
101.974
Department powers. The department may:
101.974(1)
(1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at such hearings.
101.974(2)
(2) Promulgate the rules under this subchapter after consultation with the multifamily dwelling code council.
101.974(3)
(3) Provide for or engage in the testing, approval and certification of materials, methods and equipment of construction.
101.974(4)
(4) Promulgate rules prescribing procedures for approving new building materials, methods and equipment.
101.974(5)
(5) Study the administration of the rules promulgated under this subchapter and other laws related to the construction of multifamily dwelling units to determine their impact on the cost of building construction and their effectiveness in ensuring the health, safety and welfare of the occupants.
101.974 History
History: 1991 a. 269.
101.975
101.975
Local government authority. 101.975(1)
(1) A political subdivision may regulate the construction and installation of windows and doors in multifamily dwellings if the regulation is related to preventing illegal entry.
101.975(2)
(2) A political subdivision shall use the standard building permit format prescribed and furnished by the department under
s. 101.973 (4) and file a copy of each permit issued with the department.
101.975(3)(a)(a) In this subsection, "preexisting stricter sprinkler ordinance" means an ordinance that fulfills all of the following requirements:
101.975(3)(a)1.
1. The ordinance requires an automatic sprinkler system in multifamily dwellings containing 20 or less attached dwelling units.
101.975(3)(a)2.
2. The ordinance was in effect on January 1, 1992, and remains in effect on May 1, 1992.
101.975(3)(a)3.
3. The ordinance does not conform to this subchapter and
s. 101.02 (7m) or is contrary to an order of the department under
subch. I.
101.975(3)(a)4.
4. The ordinance is more stringent than the corresponding provision of this subchapter or
s. 101.02 or the contrary provision of an order of the department under
subch. I.
101.975(3)(b)
(b) If a political subdivision has a preexisting stricter sprinkler ordinance, that ordinance remains in effect, except that the political subdivision may amend the ordinance to conform to this subchapter and
s. 101.02 (7m) and to be not contrary to an order of the department under
subch. I.
101.975 History
History: 1991 a. 269;
1995 a. 27.
101.976
101.976
Fire chief and inspector powers and duties. This subchapter does not restrict the duties and powers of fire chiefs or inspectors under
s. 101.14 (2).
101.976 History
History: 1991 a. 269.
101.977(1)(1) Except as provided in
sub. (2), a person who constructs a multifamily dwelling shall use building materials, methods, and equipment that are in conformance with the standards prescribed under
s. 101.973 (1).
101.977(2)(a)(a) No person may use in a multifamily dwelling load-bearing dimension lumber that has not been tested and approved for conformance as required by the department unless the lumber is approved for use as provided under
par. (c) and if one of the following applies:
101.977(2)(a)1.
1. The lumber has been milled at the request of the person owning the lumber for use in the construction of the multifamily dwelling, a dwelling unit of which will be inhabited by that person.
101.977(2)(a)2.
2. The person milling the lumber sells the lumber directly to a person who will inhabit the dwelling unit in the multifamily dwelling, or to a person acting on his or her behalf and for whom a building permit has been issued for the multifamily dwelling.
101.977(2)(b)
(b) The lumber shall be milled so that it meets or exceeds the requirements of the standards prescribed in
s. 101.973. The person milling the lumber shall provide to the person receiving the lumber a written certification that the lumber meets or exceeds these requirements. The department shall design and provide forms for this purpose.
101.977(2)(bn)
(bn) A person may not provide a written certification under
par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under
s. 36.25 (48) and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.
101.977(2)(c)
(c) Upon receipt of a copy of the certification required under
par. (b), an inspector who inspects multifamily dwellings for compliance with this subchapter may either authorize the use of the lumber, reject the use of the lumber, or authorize its use subject to more restrictive construction requirements, including requirements as to size, spacing, length of spans, and design.
101.978
101.978
Penalties. Any person who violates this subchapter or any rules promulgated under this subchapter shall forfeit not less than $25 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.
101.978 History
History: 1991 a. 269.
ELEVATORS, ESCALATORS,
AND OTHER CONVEYANCES
101.981
101.981
Definitions; modification by rule. 101.981(1)
(1) Except as provided in
sub. (2), in this subchapter:
101.981(1)(b)
(b) "Belt manlift" means a power-driven, looped belt equipped with steps or platforms and a hand hold for the transportation of people from one floor of a building or structure to another.
101.981(1)(c)
(c) "Conveyance" means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. "Conveyance" does not include a personnel hoist; a material hoist; a grain elevator; a lift as defined in
s. 167.33 (1) (f); an amusement or thrill ride; or a vertical platform lift, inclined platform lift, or a stairway chair lift that serves an individual residential dwelling unit.
101.981(1)(d)
(d) "Dumbwaiter" means a hoisting and lowering mechanism that satisfies all of the following conditions:
101.981(1)(d)1.
1. Is equipped with a compartment that moves in guides in a substantially vertical direction and has a floor area of not more than 9 square feet.
101.981(1)(d)2.
2. Has a maximum lifting and lowering capacity of not more than 500 pounds.
101.981(1)(e)
(e) "Elevator" means a hoisting or lowering machine, other than a dumbwaiter, equipped with a compartment or platform that moves in guides and serves 2 or more floors or landings of a building or structure.
101.981(1)(f)
(f) "Escalator" means a power-driven, moving stairway used for raising and lowering people.
101.981(1)(g)
(g) "Material hoist" means a hoist, other than a personnel hoist, that is used to raise or lower materials during construction, alteration, or demolition of a building or structure.
101.981(1)(h)
(h) "Personnel hoist" means a hoist that is installed inside or outside a building or structure during the construction, alteration, or demolition of the building or structure and that is used to raise and lower workers, other personnel, and materials which the hoist is designed to carry.
101.981(2)
(2) The department shall promulgate rules establishing additional definitions to the extent the department deems necessary for the proper administration and enforcement of this subchapter. The department, by rule, may modify definitions established under
sub. (1). To the extent practicable, the department shall ensure that any definitions or modifications promulgated under this subsection are consistent with national, industry-wide safety standards governing matters regulated by this subchapter.
101.981 History
History: 2005 a. 456;
2011 a. 32,
199,
209.
101.982
101.982
Conveyance safety code. The department shall promulgate rules establishing standards for the safe installation and operation of conveyances. In promulgating rules under this section the department shall consider the recommendations of the conveyance safety code council under
s. 101.986. The rules shall be consistent, to the extent practicable, with national, industry-wide safety standards applicable to conveyances. The rules shall require any testing of conveyances or related equipment required under the rules to be performed by an elevator mechanic licensed under
s. 101.985 (2). The rules shall require any person who installs a new conveyance to give the owner of the building in which the conveyance is installed, before the conveyance is placed in operation, a written certification indicating that the installation complies with the rules promulgated under this section. The rules shall include an enforcement procedure and a procedure pursuant to which the department may grant a variance from the rules if the variance would not jeopardize public safety.
101.982 History
History: 2005 a. 456.
101.983
101.983
Conveyance permits required. 101.983(1)
(1)
Construction, installation, and alteration. 101.983(1)(a)(a)
Permit required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under
s. 101.985 (1) has received a permit for the construction, installation, or alteration from the department.
101.983(1)(b)
(b)
Application. A person applying for a permit under
par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under
s. 101.12 (1) to avoid duplicative filing of information.
101.983(1)(c)
(c)
Revocation. The department may revoke a permit issued under this subsection if the department finds any of the following:
101.983(1)(c)1.
1. That information submitted under
par. (b) by the person obtaining the permit contains false statements or misrepresentations of material fact.
101.983(1)(c)3.
3. That the work performed under the permit is not consistent with information submitted under
par. (b) by the person obtaining the permit or is in violation of this subchapter or rules promulgated under this subchapter.
101.983(1)(d)
(d)
Expiration. A permit issued under this subsection expires under any of the following circumstances:
101.983(1)(d)1.
1. If the work authorized under the permit is not commenced within 6 months after the date on which the permit is issued, or within a shorter period of time as specified by the department at the time the permit is issued.
101.983(1)(d)2.
2. If the work authorized under the permit is suspended or abandoned for 60 consecutive days at any time following the commencement of the work, or for a shorter period of time as specified by the department at the time the permit is issued.
101.983(2)(a)(a)
Permit required. No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit for the operation from the department. The department may not issue a permit required under this paragraph until all inspections required under
par. (c) are completed.
