Section SPS 362.1107 - Dwelling units and sleeping units(1) GROUP I. (a)Group I-1. Substitute the following wording for the requirements, but not the exception, in IBC section 1107.5.1.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.(b)Group I-2 nursing homes. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.5.2.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.(c)Group I-2 hospitals. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.5.3.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.(2) GROUP R.(a)Group R-1. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.1.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.(b)Group R-2.1. `Apartment houses, monasteries and convents.' Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.2.1.2: Where there are three or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.2. `Boarding houses, dormitories, fraternity houses and sorority houses.' Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.2.2.2: Where there are three or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.(c)Group R-3. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.3: In Group R-3 occupancies where there are three or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.(d)Group R-4. Substitute the following wording for the requirement, but not the exception, in IBC section 1107.6.4.2: In structures with three or more dwelling units or sleeping units intended to be occupied as a residence, every dwelling unit and sleeping unit intended to be occupied as a residence shall be a Type B unit.(3) SITE IMPRACTICALITY. (a)Petition for variance. This is a department rule in addition to the requirements in IBC section 1107.7.4: In accordance with s. 101.132(2) (b) 4. and (c) 2., Stats., the owner may use the petition for variance procedure specified in s. SPS 361.22 to request a reduction in the number of Type A or Type B dwelling units due to site impracticality. Note: The Department may grant a variance in accordance with ch. SPS 303 which requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days. The SBD-9890 form is available at the Department's Web site at www.dsps.wi.gov through links to Division of Industry Services forms.
(b)Condition. Substitute the following wording for condition 1 under IBC section 1107.7.4: Not less than 50% of the units required by IBC section 1107.7.1 on the site are Type A or Type B units.(4) MULTISTORY UNITS. Substitute the following wording for IBC section 1107.7.2: A multistory dwelling or sleeping unit that is not provided with elevator service is not required to be a Type B unit. Where a multistory unit is provided with external elevator service to only one floor, the floor provided with elevator service shall be the primary entry to the unit, shall comply with the requirements for a Type B unit and a toilet facility shall be provided on that floor.Wis. Admin. Code Department of Safety and Professional Services SPS 362.1107
CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: cr. (2) (c), am. (title), (1) (a) to (c), (2) (a), (3) (a), (3) (b) (title), renum. (2) (c) to be (2) (d) Register August 2011 No. 668, eff. 9-1-11; correction in (3) (a) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, CR 16-094: cr. (4), Register April 2018 No. 748, eff. 5/1/2018