Wis. Admin. Code Department of Safety and Professional Services SPS 320.05

Current through September 30, 2024

Section SPS 320.05 - Exemptions

(1) EXISTING DWELLINGS. The provisions of this code shall not apply to dwellings and dwelling units, the construction of which was commenced prior to the effective date of this code, or to additions or alterations to such dwellings.

Note: The provisions of chs. SPS 320 to 325 may be adopted by a municipality to apply to any additions or alterations to existing dwellings.

(2) MULTIFAMILY DWELLINGS. The provisions of this code shall not apply to residences occupied by 3 or more families living independently or occupied by 2 such families and used also for business purposes.

(3) REPAIRS. The provisions of this code do not apply to repairs or maintenance to dwellings or dwelling units, or to the repair of electrical, plumbing, heating, ventilating, air conditioning and other systems installed therein.

(4) ACCESSORY BUILDINGS. With the exception of s. SPS 321.08(1), the provisions of this code do not apply to detached garages or to any accessory buildings detached from the dwelling.

(5) DETACHED DECKS. The provisions of this code do not apply to detached decks provided the deck does not serve an exit from the dwelling.

(6) FARM BUILDINGS. The provisions of this code do not apply to the buildings used exclusively for farm operations and not for human habitation.

(7) INDIAN RESERVATIONS. The provisions of this code do not apply to dwellings located on Indian reservation land held in trust by the United States.

(8) MANUFACTURED AND MODULAR HOMES. The provisions of this code do not apply to manufactured homes and modular homes used exclusively for display purposes.

(9) MOTOR HOMES AND RECREATIONAL VEHICLES. The provisions of this code do not apply to motor homes and recreational vehicles that are, or have been, titled through the department of transportation.

Note: Section 340.01(33m) and (48r), Stats., read as follows:

(33m) "Motor home" means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

(48r) "Recreational vehicle" means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid construction, and that does not exceed 45 feet in length.

Note: In accordance with Wis. Stat. s. 342.05(1), the owner of a (recreational) vehicle, whether or not such vehicle is operated on any highway of this state, shall make application for certificate of title for the vehicle with the department of transportation. Examples of recreational vehicles are: travel trailer, 5th wheel and "park model". Recreational vehicles are normally constructed to the standards: ANSI/NFPA 1192, Standard for RVs, and NFPA 70, National Electrical Code. Recreational vehicles require a towbar (hitch), chassis, axles and wheels for transportation. At the installation site, the chassis and axles shall remain on the unit, with the towbar (hitch) and wheels left at the site. Otherwise the unit, including a park model, is subject to the UDC.

(10) CAMPING UNITS. The provisions of this code do not apply to camping units subject to the provisions of ch. SPS 327.

(11) RELIGIOUS WAIVER. The provisions of this code do not apply to dwellings where a religious waiver has been accepted by the authority having jurisdiction or the department under s. 101.648, Stats.

(12) PRIMITIVE RURAL HUNTING CABINS. The provisions of this code do not apply to a primitive rural hunting cabin.

Wis. Admin. Code Department of Safety and Professional Services SPS 320.05

Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (5), r. (9), Register, January, 1989, No. 397, eff. 2-1-89; r. and recr. (8), Register, March, 1992, No. 435, eff. 4-1-92; am. (3), Register, November, 1995, No. 479, eff. 12-1-95; r. (8), renum. (6) and (7) to be (7) and (8) and cr. (6) and (9), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (5) Register May 2003 No. 569, eff. 8-1-03; CR 06-071: r. and recr. (9) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. (4), renum. (5) to (9) to be (4) to (8) and am. (6), cr. (9) Register March 2009 No. 639, eff. 4-1-09; correction in (8) made under s. 13.92(4) (b) 7, Stats., Register March 2009 No. 639; correction in (4) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.

Amended by, EmR1703: emerg. cr. (10), eff. 2-6-17; CR 17-017: cr. (10) Register March 2018 No. 747, eff. 4/1/2018

Amended by, correction in Note [1], [2] made under s. 13.92(4) (b) 7, Stats., Register September 2018 No. 753, eff. 10/1/2018

Amended by, CR 21-047: cr. (11), (12) Register May 2022 No. 797, eff. 6/1/2022

Section 340.01(33m) and (48r), Stats., read as follows:

(33m) "Motor home" means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

(48r) "Recreational vehicle" means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid construction, and that does not exceed 45 feet in length.

Note: In accordance with Wis. Stat. s. 342.05(1), the owner of a (recreational) vehicle, whether or not such vehicle is operated on any highway of this state, shall make application for certificate of title for the vehicle with the department of transportation. Examples of recreational vehicles are: travel trailer, 5th wheel and park model". Recreational vehicles are normally constructed to the standards: ANSI/NFPA 1192, Standard for RVs, and NFPA 70, National Electrical Code. Recreational vehicles require a towbar (hitch), chassis, axles and wheels for transportation. At the installation site, the chassis and axles shall remain on the unit, with the towbar (hitch) and wheels left at the site. Otherwise the unit, including a park model, is subject to the UDC.