Wis. Admin. Code Department of Safety and Professional Services SPS 366.0101

Current through October 28, 2024
Section SPS 366.0101 - Administration

Except for IEBC section 102.4, substitute the following wording for the requirements in IEBC chapter 1:

(1) APPLICATION. The provisions of the IEBC shall apply to the repair, alteration, change of occupancy, addition, and relocation of existing buildings. Repairs, alterations, change of occupancy, existing buildings to which additions are made, historic buildings, and relocated buildings complying with the provisions of the IBC, IMC, IPC, and IRC as applicable shall be considered in compliance with the provisions of chs. SPS 361 to 366.
(2) CHANGE OF OCCUPANCY TO A PUBLIC BUILDING OCCUPANCY.
(a) Except as provided in par. (b), where a building or portion of a building that has not been previously occupied or used as a public building or place of employment is to be changed to an occupancy or use that constitutes a public building or place of employment, the building or portion of a building shall comply with the IBC for new construction.
(b)
1. Under par. (a) the IBC rules for new construction do apply to the properties of existing building materials.
2. An alteration or a change of occupancy in a qualified historic building which has not been previously occupied or used as a public building or place of employment may utilize the provisions of the IEBC as modified by this subchapter.
(3) TEMPORARY USE.
(a) A municipal fire or building code official may allow an existing building or a portion of an existing building to be used temporarily in a manner that differs from the approved use for the building or space subject to all of the following provisions:
1. 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.
2. Except as provided in subd. 3., buildings or spaces considered for temporary use shall conform to the requirements of this code as necessary to ensure the public safety, health, and general welfare.
3. The official may require additional safety requirements for a temporary use as a trade-off for any safety provisions that may be lacking.
4. 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.
(b) A temporary use permit issued by a local authority may not supersede a state corrective building order.
(4) COMPLIANCE METHOD.
(a) The repair, alteration, change of occupancy, addition, or relocation of all existing buildings shall comply with one of the methods listed in par. (b) or (c) as selected by the applicant. Application of a method shall be the sole basis for assessing the compliance of work by the code official. Paragraphs (b) and (c) shall not be applied in combination with each other.
(b) Repairs, alterations, additions, changes in occupancy, and relocated buildings complying with the applicable requirements of IEBC chapters 5 through 13 shall be considered in compliance with the provisions of chs. SPS 361 to 366.
(c) Repairs, alterations, additions, changes in occupancy, and relocated buildings complying with IEBC chapter 14 shall be considered in compliance with the provisions of chs. SPS 361 to 366.

Wis. Admin. Code Department of Safety and Professional Services SPS 366.0101

CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: renum. (2) to be (2) (a) and am., cr. (2) (b) Register August 2011 No. 668, eff. 9-1-11.
Amended by, CR 16-094: am. (1), renum. (3) to (3) (a) and am. (3) (a) 2., cr. (3) (b), am. (4) (b), (c) Register April 2018 No. 748, eff. 5/1/2018