Section SPS 362.0915 - Carbon monoxide detection Substitute the following wording for the requirements in IBC section 915:
(1) DEFINITIONS. In this section:(a) "Dwelling unit" has the meaning as given in s. 101.61(1), Stats. Note: Section 101.61(1), Stats., reads: "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
(b) "Fuel-burning appliance" has the meaning given in s. SPS 362.0202(2) (f).(c) "Residential building" has the meaning as given in s. 101.149(1) (b), Stats. Note: Section 101.149(1) (b), Stats., reads: "Residential building" means a tourist rooming house, a bed and breakfast establishment, or any public building that is used for sleeping or lodging purposes. "Residential building" does not include a hospital or nursing home.
(d) "Sealed combustion appliance" has the meaning given in s. SPS 362.0202(2) (i).(e) "Sleeping area" has the meaning as given in s. 101.145(1) (b), Stats. Note: Section 101.145(1) (b), Stats., reads: "Sleeping area" means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.
(2) INSTALLATION. (a)1. Listed and labeled carbon monoxide alarms or detectors shall be installed at locations specified in s. 101.149(2), Stats., and maintained in accordance with s. 101.149(3), Stats., in buildings, including buildings existing on October 1, 2008, which are residential buildings or include residential buildings, and contain fuel-burning appliances, except as provided in subd. 5.2. The installation of carbon monoxide alarms or detectors in accordance with s. 101.149(2) and (3), Stats., shall be throughout the entire building where a portion of the building includes a residential building.3. The installation of carbon monoxide alarms or detectors in adjacent units required under s. 101.149(2) (a) 3, Stats., shall apply to those units located on the same floor level.4. The 75-foot installation limit specified under s. 101.149(2) (a) 5, Stats., shall be measured from the door of the unit along the hallway leading from the unit.5. The installation of carbon monoxide alarms or detectors is not required in buildings if construction of the building was initiated before October 1, 2008, or if the department approved the plans for the construction of the building under s. SPS 361.30, provided the building does not have an attached enclosed garage and either of the following circumstances applies: a. All of the fuel-burning appliances in the building are of a sealed-combustion type that are covered by the manufacturers' warranties against defects.b. All of the fuel-burning appliances in the building are of sealed-combustion type that are inspected in accordance with sub. (3) or rules promulgated by the department of agriculture, trade and consumer protection under s. 97.625(1) (am), Stats.6.a. For the purposes of s. 101.149(2) (a) 4, Stats., "room" means an enclosed area affording space for any other human activity besides just servicing mechanical equipment, including fuel-burning appliances.b. For the purposes of s. 101.149(2) (a) 4, Stats., where a fuel-burning appliance is located within a closet or other enclosure affording space only for the appliance and any other mechanical equipment, a carbon monoxide alarm or detector shall be installed either within or outside of the enclosure. Installation may be within the enclosure only if specifically permitted by the manufacturer of the alarm or detector. Installation outside of the enclosure shall be within 75 feet of the appliance in a space adjacent to the enclosure and on the same floor as the appliance. (b)1. Carbon monoxide alarms shall conform to UL 2034.2. Carbon monoxide alarms shall be listed and labeled identifying conformance to UL 2034.3. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall conform to UL 2075.(c) Carbon monoxide alarms to be installed in a building shall be wired to the building's electrical service and include battery secondary power supplies, if either of the following conditions applies:1. Plans for the construction of the building were submitted for review under s. SPS 361.30 on or after October 1, 2008.2. Construction of the building was initiated on or after October 1, 2008, if plans were not required to be submitted and approved under s. SPS 361.30.(d) Carbon monoxide alarms to be installed within a dwelling unit shall be interconnected so that activation of one alarm will cause activation of all alarms within the dwelling unit, if either of the following conditions applies: 1. Plans for the construction of the building were submitted for review under s. SPS 361.30 on or after October 1, 2008.2. Construction of the building was initiated on or after October 1, 2008, if plans were not required to be submitted and approved under s. SPS 361.30.(3) INSPECTION OF SEALED COMBUSTION APPLIANCES.(a) The owner of a building or their agent shall arrange the inspection of sealed combustion appliances and the vents and chimneys serving the appliances under sub. (2) (a) 5. b.(b) Pursuant to sub. (2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be for the purpose of determining carbon monoxide emission levels.(c) Pursuant to sub. (2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be performed at least once a year.(d) For the propose of sub. (2) (a) 5. b., the inspection of the sealed combustion appliances, vents and chimneys shall be performed by an individual who holds a certification issued under s. SPS 305.71 as an HVAC qualifier.(e) If upon inspection, the carbon monoxide emissions from a fuel burning appliance, vent or chimney are not within manufacturer's specifications, the appliance may not be operated until repaired or carbon monoxide alarms or detectors are installed in accordance with s. 101.149(2) and (3), Stats.(4) ORDERS. Pursuant to s. 101.149(6) (b), Stats., the department may issue orders for a violation of the provisions of this section.(5) PENALTIES. Violation of the provisions of this section shall be subject to the penalties provided under s. 101.149(8), Stats.Wis. Admin. Code Department of Safety and Professional Services SPS 362.0915
Adopted by, EmR0826: emerg. cr. eff. 10-1-08; CR 08-085: cr. Register May 2009 No. 641, eff. 6-1-09; corrections in (3) (a) to (d) and (4) made under s. 13.92(4) (b) 2 and 7., Stats., Register May 2009 No. 641; CR 09-104: cr. (2) (a) 6. Register December 2010 No. 660, eff. 1-1-11; CR 10-103: am. (2) (a) 1., (3) (d) Register August 2011 No. 668, eff. 9-1-11; correction in (2) (a) 5., (c) 1., 2., (d) 1., 2., (3) (d) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; correction in (2) (a) 5. b. made under s. 13.92(4) (b) 7, Stats., Register February 2017 No. 734; CR 16-094: renum. 362.1210 to 362.0915 and am. (title), (intro.), (1) (b), (d), (2) (a) 5. b., Register April 2018 No. 748, eff. 5/1/2018Section 101.149(8), Stats., reads:
(8) PENALTIES. (a) If the department of safety and professional services or the department of agriculture, trade and consumer protection determines after an inspection of a building under this section or s. 97.625(1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.
(b) If a person is charged with more than one violation of sub. (2) or (3) arising out of an inspection of a building owned by that person, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture under par. (a).
(c) Whoever violates sub. (4) is subject to the following penalties:
1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.
2. For a 2nd or subsequent offense, the person is guilty of a Class I felony.