(1) STANDARDS.
(a) The design and construction of public
buildings and places of employment shall comply with s.
SPS
361.05, except as otherwise provided in chs.
SPS
361 to 366.
(b) The codes and standards that are
referenced in this chapter, and any additional codes and standards which are
subsequently referenced in those codes and standards, shall apply to the
prescribed extent of each such reference, except as modified by this
chapter.
(c) The requirements in
IBC Appendix C may be applied to certain agricultural buildings, as specified
in s.
SPS
362.3600(2), in lieu of
corresponding, otherwise applicable requirements of chs.
SPS
361 to 366.
(2) RETROACTIVITY. A rule of chs.
SPS
361 to 366 does not apply retroactively to public
buildings and places of employment existing prior to the effective date of the
rule unless specifically stated in the rule.
(3) CONFLICTS.
(a) If any rule written by the department
differs from a requirement within a document referenced in chs.
SPS
361 to 366, the rule written by the department shall
govern.
(b) Where rules of the
department specify conflicting requirements, types of materials or methods of
construction, the most restrictive rule shall govern, except as provided in
pars. (a) and (c).
Note: If the most restrictive of two or more
conflicting requirements is not readily apparent, a determination of which is
more restrictive can be obtained from the department.
(c) Where a rule prescribes a general
requirement and another rule prescribes a specific or more detailed requirement
regarding the same subject, the specific or more detailed requirement shall
govern, except as provided in par. (a).
(4) DEPARTMENT AUTHORITY. Any departmental
interpretation of the requirements in this chapter or in the codes and
standards that are adopted in this chapter shall supersede any differing
interpretation by either a lower level jurisdiction or an issuer of the adopted
code or standard.
(5) LOCAL
ORDINANCES.
(a)
1. Except as provided in par. (b), pursuant
to s.
101.02(7),
Stats., no city, village, or town may enact or enforce an additional or more
restrictive local ordinance that establishes minimum standards for
constructing, altering, or adding to public buildings or buildings that are
places of employment.
Note: 2013 Wisconsin Act 270 established a
uniform commercial code. Municipalities with ordinances enacted before May 1,
2013 and approved by the department shall remain in effect. A complete list of
department-approved municipal ordinances is available on the department's
website at dsps.wi.gov.
2.
Nothing in chs.
SPS
361 to 366 affect the authority of a municipality to
enact or enforce standards relative to land use, zoning, or regulations under
ss.
59.69,
60.61,
60.62,
61.35, and
62.23(7),
Stats.
(b)
1. Pursuant to s.
101.02(7m),
Stats., a city, village, town, or county may not enact or enforce additional or
more restrictive standards for multifamily dwellings, except as provided under
s.
101.975, Stats., and
that do not conflict with chs.
SPS
361 to 366.
2. Any municipality exercising or intending
to exercise jurisdiction under chs.
SPS
361 to 366 may apply to the department for a variance
permitting the municipality to adopt an ordinance pertaining to multifamily
dwellings not in conformance with chs.
SPS
361 to 366. The department shall review and make a
determination on a municipal request under this section within 60 business days
of receipt of the request.
3.
a. The department may grant a municipal
variance only where all of the conditions in subds. 3. b. and c. are
demonstrated.
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.
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.
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.
e. This
subdivision shall be strictly construed in accordance with the goal of
promoting statewide uniformity.
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.
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.
(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.
Note: Chapter
SPS
361, subch. VI contains requirements for approval of
building products and alternate standards.
(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:
(a) Pursuant to s.
SPS
361.30, the date plans for the building, structure or
addition are approved by the department or authorized representative.
(b) The date the local building permit is
issued, if plan submission and approval is not required under s.
SPS
361.30.
(c) The date construction is initiated, where
pars. (a) and (b) do not apply.
(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:
(a) Pursuant to s.
SPS
361.30, the date plans for the alteration or
modification are approved by the department or authorized
representative.
(b) The date the
local building permit is issued, if plan submission and approval is not
required under s.
SPS
361.30.
(c) The date the alteration is initiated,
where pars. (a) and (b) do not apply.
(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:
(a) Pursuant to s.
SPS
361.30, the date plans for the replacement are
approved by the department or authorized representative.
(b) The date the local building permit is
issued, if plan submission and approval is not required under s.
SPS
361.30.
(c) The date the replacement is initiated,
where pars. (a) and (b) do not apply.
(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:
(a) The date plans for that portion, element,
system or component was approved by the department or authorized
representative.
(b) The date the
local building permit was issued for that portion, element, system or
component, if plan submission and approval was not required.
(c) The date construction was initiated for
that portion, element, system or component, where pars. (a) and (b) do not
apply.
(d) The date repair is
initiated.
(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:
(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.
(b) The date a
local building permit is issued, if plan submittal and approval is not required
under s.
SPS
361.30.
(c) The date construction is initiated, where
pars. (a) and (b) do not apply.
(d) The date an occupancy permit is issued,
where pars. (a) to (c) do not apply.
(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:
(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.
(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.
(c) The
official may require additional safety requirements for a temporary use as a
tradeoff for any safety provisions that may be lacking.
(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.
(13) EXISTING BUILDINGS AND STRUCTURES.
(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.
(b)
Existing bleachers, grandstands, and folding and telescopic seating shall
comply with IBC section 1029.1.1.
(14) INTERNATIONAL FIRE CODE. The 2015 IFC
does not apply to chs.
SPS
361 to 366 except as follows:
(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.
(b) Occupant loads
addressed in IFC section 1004.5 shall apply but shall be established by the
owner rather than by the code official.
(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.
(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.
Note: A copy of the 2015 IFC may be viewed
or acquired at codes.iccsafe.org.
(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:
(a) All requirements that specify submittal
and approval of construction documents, shop drawings or acceptance tests and
records.
(b) All requirements that
specify employing special inspectors or obtaining special inspections or
structural observations.
(c) All
requirements that mandate obtaining approval, acceptance or other direction
from a building or fire code official.
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.
(d) All requirements that specify providing
information to a building or fire code official, unless that official requests
the information.
(e) All
requirements that address construction in flood hazard areas.
(f) All requirements that address
construction of detached one-or two-family dwellings and any references to the
IRC.
(g) All requirements that
specify obtaining a permit or certificate of occupancy.
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.
Notes
Wis. Admin. Code
Department of Safety and Professional
Services
§
SPS
361.03
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.
Amended by, CR 15-016: am. 361.03 (14) (a)
Register
October 2015 No. 718, eff.11/1/2015
Amended
by, 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.
5/1/2018
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.