Section SPS 318.1003 - Application(1) RETROACTIVITY. (a) The design, construction, and installation rules of this chapter, including the acceptance-inspection requirements and the applied criteria from the standards adopted in s. SPS 318.1005, do not apply retroactively to conveyances existing prior to the effective date of the rule unless specifically stated in the administrative rule or standard.(b)1. The operation, testing, maintenance, and periodic inspection requirements of this chapter apply to all conveyances that exist on or after June 1, 2020, except as provided in subd. 2. and pars. (c) to (e).2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit. Note: Although the provisions of subdivision 1. do not apply as stated above, these conveyances are subject to the requirements in section 101.983(3) of the Statutes, which reads as follows: "If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985(3)."
(c)1. The design, construction, and installation requirements of this chapter, including the acceptance-inspection requirements apply to any alterations, repairs, and replacement parts or components for any conveyance that have a contract date of on or after June 1, 2020, except as provided in subd. 2., par. (e), and sub. (1m). Note: See section SPS 318.1007(3) for further information about plan review for alterations and replacements.
2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit. Note: A proposed alteration for an existing conveyance may necessitate modifying other components of the conveyance to make the proposed alteration comply with this chapter - and some alterations may necessitate modifying other features of a building that must comply with requirements in chapters SPS 320 to 325, the Wisconsin Uniform Dwelling (One- and Two-Family Dwelling) Code, and chapters SPS 361 to 366, the Wisconsin Commercial Building Code.
(e) Periodic inspections are not required under this chapter for any conveyances that receive periodic inspections by United States government inspectors.(1m) EXCLUSIONS. This chapter does not apply to any conveyances for any of the following buildings or structures: (a)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.(b) Buildings and portions of buildings that are federally owned or exempted by federal statutes, regulations, or treaties.(c) 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 to this chapter 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.(d) Buildings and structures that are on a farm premises and used primarily for purposes relating to farming or livestock, provided any use of the building or structure by the public consists only of consumers directly using the livestock or receiving farm commodities, substantially all of which have been produced on the farm premises. In this paragraph, "substantially all" means at least 90 percent of the commodities have been planted or produced on the farm premises.(2) DIFFERING RULES. (a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.(b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).(3) INTERPRETATIONS. Under s. 101.02(1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards adopted under s. SPS 318.1005.Wis. Admin. Code Department of Safety and Professional Services SPS 318.1003
CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.Amended by, CR 19-118: am. (1) (b) 1., (c) 1., renum. (1) (d) to (1m), cr. (1m) (title), (1m) (d), r. (4) Register May 2020 No. 773, eff. 6/1/2020