Section SPS 320.04 - Applications(1) NEW DWELLINGS. (a) This code applies to all dwellings, dwelling units and foundations for dwelling units, for which the building permit application was made or construction commenced on or after the effective date of this code.(b) All dwellings covered under par. (a) shall meet the requirements of ch. SPS 321.(c)1. The installation of heating, air conditioning, plumbing or electrical systems is not required.2. If any of the systems under subd. 1. are installed, the systems and their installation shall comply with this code.3. If a heating or air conditioning system is installed, the dwelling shall comply with ch. SPS 322.(2) ADDITIONS AND ALTERATIONS. Additions and alterations to dwellings covered by this code shall comply with all provisions of this code at the time of permit application or the beginning of the project, if no permit is required.(3) BED AND BREAKFAST ESTABLISHMENTS. The following portions of a bed and breakfast establishment shall comply with the provisions of this code: (a) The third floor when used for other than storage.(b) A structural addition, for which no use other than as a bed and breakfast establishment is proposed. Note: See s. 254.61, Stats., for further conditions and limitations relating to bed and breakfast establishments.
(4) CHANGE OF USE. A building previously used for another purpose, such as a barn or garage, shall comply with this code upon conversion to residential use.(5) REUSE OF A DWELLING OR FOUNDATION. (a)Existing dwelling or manufactured home placed on a different foundation. Where an existing dwelling or manufactured home is placed on a different foundation, the new foundation is considered an addition or alteration to the existing dwelling or manufactured home. Note: The applicability of this code to an addition or alteration to an existing dwelling or manufactured home is determined by the original date of construction of the dwelling or manufactured home and is not altered by any movement of the structure.
(b)New dwelling or manufactured home. A new dwelling or manufactured home placed on a new or existing foundation shall meet the permitting, construction and inspection requirements of a new dwelling or manufactured home.(6) SEPARATED BUILDINGS. For a building to be considered a separate single-family dwelling or a separate 2-family dwelling within the scope of this code, regardless of ownership or occupancy arrangements, all of the following conditions shall be met: (a) No structural members other than a common footing may be shared between any 2 dwellings. Note: Two separated, insulated foundation walls may share the same structural footing.
(b) The adjoining exterior walls of the separate dwellings shall each have exterior coverings meeting the requirements of s. SPS 321.24.(c) The adjoining exterior walls, including foundations, of the separate dwellings shall each meet the energy requirements under ch. SPS 322, irrespective of any adjacent dwelling.(d) Both sides of any 2 adjoining walls, floors, ceilings and attics between dwellings shall meet the dwelling separation requirements of s. SPS 321.08(1) for 2 dwellings on the same property less than 5 feet apart.Wis. Admin. Code Department of Safety and Professional Services SPS 320.04
Cr. Register, November, 1979, No. 287, eff. 6-1-80; cr. (3), Register, January, 1989, No. 397, eff. 2-1-89; am. (1), r. and recr. (3), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr. (1), renum. (2) and (3) to be (3) and (4), cr. (2) and (5), Register, November, 1995, No. 479, eff. 12-1-95; r. (3) and (4), renum. (1) to be (1) (a) and (5) to be (4), and cr. (1) (b), (c), and (3), Register, March, 2001, No. 543, eff. 4-1-01; CR 06-071: renum. (2) to be (2) (a), cr. (2) (b) and (5) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. and recr. (2) and (5), cr. (6) Register March 2009 No. 639, eff. 4-1-09; correction in (1) (b), (c) 3., (6) (b), (c), (d) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, correction in (6) (d) (Note) made under s. 13.92(4) (b) 7, Stats., Register December 2015 No. 720, eff.1/1/2016.1. Flashing is acceptable to connect the roofs between dwelling units. See ch. SPS 325 Appendix A for further information.
2. A building of 3 or more dwelling units without the separations specified in this section is a commercial building and shall meet the requirements set forth in chs. SPS 361 to 366.