Section SPS 361.03 - Application(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.
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.11/1/2015Amended 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. 5/1/2018The 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.