Section SPS 361.02 - Scope(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.(4) Chapters SPS 361 to 366 also apply to any existing building that is converted to a community-based residential facility for 9 to 20 residents.Wis. Admin. Code Department of Safety and Professional Services § SPS 361.02
CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: cr. (5) Register December 2004 No. 588, eff. 1-1-05; CR 06-120: r. and recr. (3) (b), am. (3) (d) 1. and 2., Register February 2008 No. 626, eff. 3-1-08.Amended by, correction in (1) (Notes), (2) (Notes), (3) (f) (Note) made under s. 13.92(4) (b) Stats., Register October 2015 No. 718, eff.11/1/2015.Amended by, CR 16-094: am. (1), (2), (3) (intro.), (d) 1., (h), r. (4), renum. (5) to (4) and am., Register April 2018 No. 748, eff. 5/1/2018