Wis. Admin. Code Department of Safety and Professional Services SPS 320.07

Current through November 25, 2024
Section SPS 320.07 - Definitions

In chs. SPS 320 to 325:

(1) "Accessory building" means a detached building, not used as a dwelling unit but is incidental to that of the main building and which is located on the same lot. Accessory building does not mean farm building.
(2) "Addition" means new construction performed on a dwelling which increases the outside dimensions of the dwelling.
(3) "Allowable stress" means the specified maximum permissible stress of a material expressed in load per unit area.
(4) "Alteration" means an enhancement, upgrading or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a dwelling.
(5) "Approved" means an approval by the department or its authorized representative. (Approval is not to be construed as an assumption of any legal responsibility for the design or construction of the dwelling or building component.)
(5m) "Attached," defining the relationship between another building and a dwelling, means at least one of the following conditions is present:
(a) There is a continuous, weatherproof roof between the two structures.

Note: The sides are not required to be enclosed with walls.

(b) There is a continuous, structural floor system between the two structures.
(c) There is a continuous foundation system between the two structures.
(6) "Attic" means a space under the roof and above the ceiling of the topmost part of a dwelling.
(7) A "balcony" is a landing or porch projecting from the wall of a building.
(7m) "Base flood elevation" means the depth or peak elevation of flooding, including wave height, which has a one percent or greater chance of occurring in any given year.
(8) "Basement" means that portion of a dwelling below the first floor or groundfloor with its entire floor below grade.
(8m) "Best management practices" is defined in s. 101.653, Stats., and means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites.
(9) "Building component" means any subsystem, subassembly or other system designed for use in or as part of a structure, which may include structural, electrical, mechanical, plumbing and fire protection systems and other systems affecting health and safety.
(10) "Building system" means plans, specifications and documentation for a system of manufactured building or for a type or a system of building components, which may include structural, electrical, mechanical, plumbing and variations which are submitted as part of the building system.
(10m) "Business day" means any day other than Saturday, Sunday or a legal holiday.
(10r) "Camping unit" has the meaning given in s. SPS 327.08(9).
(10t) "Carport" means a structure used for storing motorized vehicles that is attached to a dwelling and that has at least 2 sides completely unenclosed.
(11) "Ceiling height" means the clear vertical distance from the finished floor to the finished ceiling.
(12) "Certified inspector" means a person certified by the department to engage in the administration and enforcement of this code.
(12m) "Ch. SPS 325 Appendix" means chs. SPS 320 to 325 Appendix.
(13) A "chimney" is one or more vertical, or nearly so, passageways or flues for the purpose of conveying flue gases to the atmosphere.
(14) "Chimney connector". Same as smoke pipe.
(15) "Closed construction" means any building, building component, assembly or system manufactured in such a manner that it cannot be inspected before installation at the building site without disassembly, damage or destruction.
(15g) "Coarse aggregate" means granular material, such as gravel or crushed stone, that is predominately retained on a sieve with square openings of 4.75 mm or 0.18 inch.
(15m) "Coastal floodplain" means an area along the coast of Lake Michigan or Lake Superior below base flood elevation that is subject to wave runup or wave heights of 3 feet or more.
(16) "Code" means chs. SPS 320 to 325, the Wisconsin uniform dwelling code.
(17) "Combustion air" means the total amount of air necessary for the complete combustion of a fuel.
(18) "Common use area" means kitchens, hallways, basements, garages and all habitable rooms.

Note: These areas must meet the circulation requirements under s. SPS 321.035.

(19) "Compliance assurance program" means the detailed system documentation and methods of assuring that manufactured dwellings and dwelling components are manufactured, stored, transported, assembled, handled and installed in accordance with this code.
(19m) "Composting toilet system" means a method that collects, stores and converts by bacterial digestion nonliquid-carried human wastes or organic kitchen wastes, or both, into humus.
(19r) "Control practice" means a method or device implemented to prevent or reduce erosion or the resulting deposition of soil or sediment.
(20) "Cooling load" is the rate at which heat must be removed from the space to maintain a selected indoor air temperature during periods of design outdoor weather conditions.
(21) "Dead load" means the vertical load due to all permanent structural and nonstructural components of the building such as joists, rafters, sheathing, finishes and construction assemblies such as walls, partitions, floors, ceilings and roofs, and systems.
(21m) "Deck" means an unenclosed exterior structure, attached or adjacent to the exterior wall of a building, which has a floor, but no roof.
(23) "Department" means the department of safety and professional services.
(24) "Detached building" means any building which is not physically connected to the dwelling.
(24m) "Dilution air" means air that is provided for the purpose of mixing with flue gases in a draft hood or draft regulator.
(24r) "Direct-vent appliance" means a gas-burning appliance that is constructed and installed so that all air for combustion is derived directly from the outside atmosphere and all flue gases are discharged to the outside atmosphere.
(25) "Dwelling" has the meaning given in s. 101.61(1), Stats.

Note: Section 101.61(1), Stats., reads as follows: "Dwelling" means any building that contains one or 2 dwelling units. "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. "Dwelling" and "dwelling unit" do not include a primitive rural hunting cabin.

(26) "Dwelling contractor" means any person, firm or corporation engaged in the business of performing erosion control or construction work such as framing, roofing, siding, insulating, masonry or window replacement work covered under this code and who takes out a building permit. "Dwelling contractor" does not include the owner of an existing dwelling, an owner who will reside in a new dwelling or a person, firm or corporation engaging exclusively in electrical, plumbing, or heating, ventilating and air conditioning work.
(27) "Dwelling unit" has the meaning given in s. 101.61(1), Stats.

Note: Section 101.61(1), Stats., reads as follows: "Dwelling" means any building that contains one or 2 dwelling units. "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. "Dwelling" and "dwelling unit" do not include a primitive rural hunting cabin.

(28t) "Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
(29) "Exit" means a direct, continuous, unobstructed means of egress from inside the dwelling to the exterior of the dwelling.
(30) "Farm operation" is the planting and cultivating of the soil and growing of farm products substantially all of which have been planted or produced on the farm premises.

Note: According to s. 102.04(3), Stats., the farm operation includes the management, conserving, improving and maintaining of the premises, tools, equipment improvements and the exchange of labor or services with other farmers; the processing, drying, packing, packaging, freezing, grading, storing, delivery to storage, carrying to market or to a carrier for transportation to market and distributing directly to the consumer; the clearing of such premises and the salvaging of timber and the management and use of wood lots thereon but does not include logging, lumbering and wood-cutting operations unless the operations are conducted as an accessory to other farm operations.

(31) "Farm premises" is defined to be the area which is planted and cultivated. The farm premises does not include greenhouses, structures or other areas unless used principally for the production of food or farm products.
(32) "Farm products" are defined as agricultural, horticultural and arboricultural crops. Animals considered within the definition of agricultural include livestock, bees, poultry, fur-bearing animals, and wildlife or aquatic life.
(33) "Farming" means the operation of a farm premises owned or rented by the operator.
(33m) "Fireblocking" means a material or device used to retard or prevent the spread of flame or hot gases through concealed spaces into adjacent rooms or areas.
(34) "Firebox" means that part of the fireplace used as the combustion chamber.
(34e) "First floor" means the first floor level above any groundfloor or basement or, in the absence of a groundfloor or basement, means the lowest floor level in the dwelling.
(34f) "Flight" means a continuous series of risers and treads, with no intermediate landings.
(34g) "Floodfringe area" means that portion of the floodplain outside of the floodway that is at or below base flood elevation. The term "floodfringe" is intended to designate an area of standing, rather than flowing, water.
(34h) "Floodplain" means land which is subject to flooding which is at or below base flood elevation. The floodplain includes the floodway and floodfringe areas.
(34i) "Floodway" means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the flood discharge. The term "floodway" is intended to designate an area of flowing, rather than standing, water.
(34s) "Foundation" means the structural system used to transfer the weight of the building to the earth.

Note: The foundation may include one or more components such as footings, piers, columns, slabs and walls.

(35) "Garage" means a structure used for storing motorized vehicles that has any more than 2 sides completely enclosed.
(36) "Gas appliance" means any device that uses gas as a fuel or raw material to produce light, heat, power, refrigeration or air conditioning.
(36m) "Groundfloor" means that level of a dwelling, below the first floor, located on a site with a sloping or multilevel grade and which has a portion of its floor line at grade.
(36r) "Guard" means a barrier erected to prevent a person from falling to a lower level.
(37) "Habitable room" means any room used for sleeping, living or dining purposes, excluding such enclosed places as kitchens, closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces.
(37m) "Handrail" means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair.
(38) "Hearth" means the floor area within the fire chamber of a fireplace.
(38m) "Hearth extension" means the surfacing applied to the floor area extending in front of and at the sides of the fireplace opening.
(40) "Heating load" is the estimated heat loss of each room or space to be heated, based on maintaining a selected indoor air temperature during periods of design outdoor weather conditions. The total heat load includes: the transmission losses of heat transmitted through the wall, floor, ceiling, glass or other surfaces; and either the infiltration losses or heat required to warm outdoor air used for ventilation.

Note: Infiltration losses include heat required to warm outside air which leaks through cracks and crevices, around doors and windows or through open doors and windows.

(40m) "Hollow unit" means a masonry unit which has a net cross-sectional area parallel to the bearing face which is less than 75% of the gross cross-sectional area.
(40t) "Incinerating toilet" means a self-contained device for the treatment of nonliquid carried wastes that deposits the wastes directly into a combustion chamber, reduces the solid portion to ash and evaporates the liquid portion.
(41) "Independent inspection agency" means any person, firm, association, partnership or corporation certified by the department to perform certified inspections under this code.
(42) "Initial construction" means the date of issuance of the Wisconsin uniform building permit.
(43) "Insignia." See "Wisconsin insignia."
(44) "Installation" means the assembly of a manufactured building on site and the process of affixing a manufactured building to land, a foundation, footing or an existing building.
(46) "Kitchen" means an area used, or designed to be used, for the preparation of food.
(46m) "Land disturbing construction activity" means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in storm water runoff and lead to an increase in soil erosion and movement of sediment. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit or trench dewatering, filling and grading activities.
(47) "Landing" means the level portion of a stairs located between flights of stairs or located at the top and base of a stairs.
(48) "Listed and listing" means equipment or building components which are tested by an independent testing agency and accepted by the department.
(49) "Live load" means the weight superimposed on the floors, roof and structural and nonstructural components of the dwelling through use and by snow, ice or rain.
(50) "Loft" means an upper room or floor which has at least 50% of the common wall open to the floor below. The opening may be infringed upon by an open guard constructed in compliance with s. SPS 321.04(2), but not by a window or half-wall guard. All habitable rooms of lofts are open to the floor below.
(51) "Manufacture" means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished, semifinished or finished materials.
(52m) "Manufactured home" has the meaning as given in s. 101.91(2), Stats.

Note: Section 101.91(2), Stats., reads as follows:

(2) Manufactured home" means any of the following:
(am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under 42 USC 5401 to 5425.
(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.

Note: "Mobile home" is defined in section 101.91(10), Stats., as follows: "'Mobile home' means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. 'Mobile home' includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty."

(53) "Mechanical draft venting system" means a venting system for a gas burning appliance that is designed to remove flue or vent gases by mechanical means, such as a fan, which may consist of an induced draft portion under non-positive static pressure or a forced draft portion under positive static pressure.
(53f) "Modular home" has the meaning given in s. 101.71(6), Stats.

Note: Section 101.71(6) (a), Stats., reads as follows:

(a) Modular home" means any structure or component thereof which is intended for use as a dwelling and:
1. Is of closed construction and fabricated or assembled on-site or off-site in manufacturing facilities for installation, connection, or assembly and installation, at the building site; or
2. Is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation, on the building site and for which certification is sought by the manufacturer.
(b) "Modular home" does not mean any manufactured home under s. 101.91 or any building of open construction which is not subject to par. (a) 2.

Note: See s. SPS 320.07(52m) for the definition of manufactured home.

(53m) "Multiple station smoke alarm" means an assembly that incorporates the smoke detector, the control equipment and the alarm-sounding device in one unit that is capable of being interconnected with one or more additional alarms so that the actuation of one alarm causes the operation of all interconnected alarms.
(54) A "multi-wythe wall" is a masonry wall composed of 2 or more wythes of masonry units tied or bonded together.
(55) "Municipality" means any city, village, town or county in this state.
(55m) "Naturally vented appliance" means an appliance with a venting system designed to remove flue or vent gases under non-positive static vent pressure entirely by natural draft.
(56) "Open construction" means any building, building component, assembly or system manufactured in such a manner that it can be readily inspected at the building site without disassembly, damage or destruction.
(57) "Owner" means any person having a legal or equitable interest in the dwelling.
(58) "Perm" means a unit of permeance which is measured in grains per (hour) (square foot) (inch of mercury vapor pressure difference).

Note: The lower the perm rating of a material is, the more difficult it is for water vapor to pass through it.

(59) "Pilaster" is a projection of masonry or a filled cell area of masonry for the purpose of bearing concentrated loads or to stiffen the wall against lateral forces.
(59m) "Porch" means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any building, and having a roof and floor.
(59p) "Primitive rural hunting cabin" has the meaning given in s. 101.61(3), Stats.

Note: Section 101.61(3), Stats., reads as follows:

(3) Primitive rural hunting cabin" means a structure that satisfies all of the following:
(a) The structure is not used as a home or residence.
(b) The structure is used principally for recreational hunting activity.
(c) The structure does not exceed 2 stories in height.
(d) The structure satisfies any of the following:
1. The structure was constructed before December 31, 1997.
2. The structure results from alterations made to a structure described in subd.1.
3. The structure replaces a structure described in subd. 1.
(59t) "Privy" means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited to a subsurface storage chamber.
(60m) "Registered UDC inspection agency" means a person, business or entity that is registered with the department for the purpose of facilitating plan review, issuance of Wisconsin uniform building permits, and inspection of one- and 2-family dwellings in municipalities where the department has jurisdiction pursuant to s. 101.651(3) (b), Stats.
(61) "Repair" means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs or maintenance, or the replacement of existing fixtures, systems or equipment with the equivalent fixture, system or equipment.
(62) "Shingle" means a unit of roof-covering material that has been manufactured to specific dimensions and is applied in overlapping fashion. "Shingle" includes all of the following:
(a) "Fiberglass asphalt shingle" means a type of shingle with an internal mat composed of nonwoven, resin-bonded glass fibers, that is impregnated and coated with asphalt.
(b) "Laminated shingle" means a shingle with a second layer of asphalt and mat laminated to the first layer, usually in a design pattern to simulate the dimensional appearance of natural slate or wood shakes.
(c) "Organic asphalt shingle" means a shingle with an internal mat composed of organic fibers, such as cellulose, that is saturated and coated with asphalt.
(d) "Strip shingle" means a rectangular shingle that relies either on a sealant or on a combination of weight and stiffness to resist wind uplift, rather than using interlocking tabs.
(63) A "single-wythe wall" is a masonry wall consisting of one unit of thickness.
(64) A "smoke chamber" is that part of a fireplace which acts as a funnel to compress the smoke and gases from the fire so that they will enter the chimney above.
(65) A "smoke pipe" is a connector between the solid or liquid fuel-burning appliance and the chimney.
(65m) "Solid unit" means a masonry unit which has a net cross-sectional area parallel to the bearing face which is 75% or more of the gross cross-sectional area.
(65r) "Stabilized" means the condition where vegetation is established or other practices are in place on exposed soil surfaces so as to reduce erosion.
(66) "Stair," "stairs," or "stairway" means one or more risers and the necessary treads, which form a continuous passage from one elevation to another. Multiple stairways can be connected by platforms and landings.
(68) A "story" is that portion of a building located above the basement, between the floor and the ceiling.
(69) A "stove" is a nonportable solid-fuel-burning, vented, nonducted heat-producing appliance located in the space that it is intended to heat. This definition does not include cooking appliances.
(70) "Stovepipe." Same as smoke pipe.
(71) "Strain" means a change in the physical shape of a material caused by stress.
(72) "Stress" means internal resistance to an external force expressed in load per unit area; stresses acting perpendicular (compression or tension) to the surface, shear stresses acting in the plane of the surface, or bending stresses which cause curving.
(73) "Structural analysis" is a branch of the physical sciences which uses the principles of mechanics in analyzing the impact of loads and forces and their effect on the physical properties of materials in the form of internal stress and strain.
(75) The "throat" of a fireplace is the slot-like opening above the firebox through which flames, smoke and other products of combustion pass into the smoke chamber.
(75m) "UDC" means chs. SPS 320 to 325, the Wisconsin uniform dwelling code.
(76) "Vent" means a vertical flue or passageway to vent fuel-burning appliances.
(77) A "vent connector" is a connector between a fuel-burning appliance and the chimney or vent.
(77f) "Water-resistive barrier" means a material, including flashing, behind an exterior wall covering that is intended to resist liquid water that has penetrated behind the permanent weather-resistant finish from further intruding into the exterior wall assembly.
(77m) "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface waters or groundwaters, natural or artificial, public or private, within the state or its jurisdiction.
(78) "Window" means a glazed opening in an exterior wall, including glazed portions of doors, within a conditioned space.
(78m) "Wisconsin Administrative Permit" means a permit issued by a municipality that does not conduct inspections or plan reviews under this code.
(79) "Wisconsin insignia" means a device or seal approved by the department to certify compliance with this code.

Wis. Admin. Code Department of Safety and Professional Services SPS 320.07

Cr. Register, November, 1979, No. 287, eff. 6-1-80; cr. (34m) and (36m), Register, February, 1985, No. 350, eff. 3-1-85; am. (8), (22), (36m), (50), (58), (62) and (74), r. (18) and (53), renum. (26) to (29m) and am., cr. (34r), (38m), (40m), (59m) and (65m), r. and recr. (38), Register, January, 1989, No. 397, eff. 2-1-89; am. (16), (34m), (40), (52) (a) (intro.) and (b), cr. (21m), Register, March, 1992, No. 435, eff. 4-1-92; am. (16), cr. (intro), (8m), (28t), (28v), (63m), (65r) and (77m), Register, September, 1992, No. 441, eff. 12-1-92; am. (4) and (65r), renum. (62) to be (73r), cr. (26), (62), (78m), Register, November, 1995, No. 479, eff. 12-1-95; emerg. cr. (7m), (34L) and (40f), eff. 5-8-96; correction in (23) made under s. 13.93(2m) (b) 7, Stats., Register, October, 1996, No. 490; emerg. cr. (7m), (34L) and (40f), eff. 5-8-96; cr. (7m), (15m), (34g), (34h) and (34i), renum. (34k) to be (34e), Register, February, 1997, No. 494, eff. 3-1-97; r. (22), (27m), (39), (73r) and (74), Register, January, 1999, No. 517, eff. 2-1-99; cr. (19m), (40t) and (59t), Register, April, 2000, No. 532, eff. 7-1-00; r. (4m), (28), (28r), (41m), (45), (56m), (60) and (73m), cr. (10m), (15g), (24m), (24r), (33m), (34f), (53), (53m), and (55m), r. and recr. (17) and (36) and am. (47) and (61), Register, March, 2001, No.`` 543, eff. 4-1-01; CR 00-159: cr. (60m) and (75m), Register September 2001 No. 549 eff. 12-1-01; CR 02-077: cr. (10t), r. and recr. (29) and (35) Register May 2003 No. 569, eff. 8-1-03; CR 05-113: cr. (19r), (46m) and (67m), r. (28v) and (63m), r. and recr. (65r) Register December 2006 No. 612, eff. 4-1-07; CR 06-071: am. (52) (b), cr. (52m) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: cr. (5m), (18), (34s), (53f) and (77f), r. (29m) and (52) Register March 2009 No. 639, eff. 4-1-09; correction in (intro.), (16), (23), (50), (75m) made under s. 13.92(4) (b) 6, 7., Stats., Register December 2011 No. 672.
Amended by, CR 15-041: am. (34f), r. (34m), cr. (36r), (37m), am. (47), (50), (62) (intro.), (66), r. (67), (67m) Register December 2015 No. 720, eff. 1-1-16; CR 15-043: cr. (12m) Register December 2015 No. 720, eff. 1-1-16; correction in (12m) made under s. 13.92(4) (b) 7, Stats., Register December 2015 No. 720, eff.1/1/2016
Amended by, correction in (12m) made under s. 13.92(4) (b) 7, Stats., Register December 2015 No. 720; EmR1703: emerg. cr. (10r), eff. 2-6-17; CR 17-017: cr. (10r) Register March 2018 No. 747, eff. 4/1/2018
Amended by, CR 21-047: am. (25), (27), cr. (59p) Register May 2022 No. 797, eff. 6/1/2022