Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter I - Scope and Application › Section SPS 361.02 - Scope

Current through June 24, 2024
(1)
					 Except as provided in subs. (2) and (3), chs.
					 SPS
					 361 to 366 apply to all public buildings and places of
					 employment.
Note:
Place of employment" is defined under
						s.
						101.01(11),
						Stats.
Note:
Public building" is defined under s.
						101.01(12),
						Stats.
(2) Chapters
					 SPS
					 361 to 366 do not apply to buildings or situations
					 listed under the exclusions in s.
					 101.01(11) and
					 (12), Stats., or under the exemptions in s.
					 101.05,
					 Stats.
(3) Chapters
					 SPS
					 361 to 366 do not apply to any of the following types
					 of buildings, structures, or situations:
(a) A
					 temporary building or structure used exclusively for construction purposes, not
					 exceeding 2 stories in height, and not used as living quarters.
(b)
1.
					 Buildings or structures located on Indian reservation land that are held either
					 in trust by the United States, or in fee by the tribe or a tribal
					 member.
2. Buildings or structures
					 which are located on off-reservation Indian land that is held in trust by the
					 United States and which are held either in trust by the United States, or in
					 fee by the tribe or a tribal member.
(c) Buildings and portions of buildings that
					 are exempted by federal statutes or treaties.
(d) Portions of buildings leased to the
					 federal government provided all of the following conditions are met:
1. A statement is recorded with the register
					 of deeds that describes the steps necessary for compliance with chs.
					 SPS
					 361 to 366 if the space is converted to a nonexempt
					 use.
2. The statement recorded with
					 the register of deeds is recorded in a manner that will permit the existence of
					 the statement to be determined by reference to the property where the building
					 is located.
3. The owner of the
					 building submits a copy of the recorded document to the department or its
					 authorized representative.
(e) Buildings and structures that are on a
					 farm premises and used exclusively for farming purposes, provided any use of
					 the building or structure by the public consists only of consumers directly
					 receiving farm commodities, substantially all of which have been planted or
					 produced on the farm premises. In this application, substantially all" means at
					 least 90 percent of the commodities were planted or produced on the farm
					 premises.
(f) A one- or 2-family
					 dwelling used as a foster home, treatment foster home, or group home, or as a
					 child caring institution having a capacity for 8 or fewer children, all as
					 defined in s.
					 48.02,
					 Stats.
(g) A one- or 2-family
					 dwelling in which a public or private day care center for 8 or fewer children
					 is located.
(h) That portion of or
					 space within a one- or 2-family dwelling in which a home-based business is
					 located.