Wis. Admin. Code Department of Safety and Professional Services SPS 328.02

Current through September 30, 2024

Section SPS 328.02 - Scope

(1) Except as provided in sub. (2), the provisions of this chapter apply to a dwelling, for which initial construction commenced before June 1, 1980, where the dwelling serves as any of the following:

(a) A one- and 2-family dwelling.

Note: This includes a site-built dwelling, a manufactured building used as a dwelling, a modular home and a dwelling that may be designated as a cabin, seasonal home, temporary residence, etc., but does not include a primitive rural hunting cabin.

(b) An adult family home providing care, treatment and services for 3 or 4 unrelated adults.

(c) A community-based residential facility providing care, treatment and services for 5 to 8 unrelated adults.

(2)

(a) Carbon monoxide detectors shall be installed and maintained in accordance with s. 101.149(2) and (3), Stats., in a dwelling serving as a tourist rooming house, for which initial construction commenced before June 1, 1980.

Note: Tourist rooming house has the meaning as given under s. ATCP 72.03(20) which reads: "Tourist rooming house" means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleep accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under ch. ATCP 73.

(b) A carbon monoxide detector is not required to be provided under the requirements of this chapter in a dwelling that meets the exemption under s. 101.647(3) (a), Stats.

Wis. Admin. Code Department of Safety and Professional Services SPS 328.02

CR 10-089: cr. Register January 2011 No. 661, eff. 2-1-11.

Amended by, correction in (2) (a) (Note [1]) made under s. 13.92(4) (b) 7, Stats., Register February 2017 No. 734, eff. 3/1/2017

Amended by, correction in (1) (a) (Note), (2) (a) (Note [2]) made under s. 13.92(4) (b) 7, Stats., Register December 2018 No. 756, eff. 1/1/2019

Section 101.647(3) (a), Stats., reads: The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling's electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance.