Section SPS 321.097 - Carbon monoxide detectors(1) DEFINITIONS. In this section: (ag) "Carbon monoxide detector" has the meaning given in s. 101.149(1) (am), Stats. Note: Section 101.149(1) (am), Stats., reads as follows: "Carbon monoxide detector" means an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air.
(ar) "Fuel-burning appliance" has the meaning given in s. 101.149(1) (as), Stats. Fuel-burning appliances include stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, fireplaces and heaters. Note: Section 101.149(1) (as), Stats., reads as follows: "Fuel-burning appliance" means a device that burns fossil fuel or carbon-based fuel and that produces carbon monoxide as a combustion by-product.
(2) NEW CONSTRUCTION. (a)General. Listed and labeled carbon monoxide detectors shall be installed and maintained in accordance with s. 101.647(2) to (6), Stats., in one and 2-family dwellings, for which building permit applications were made or construction commenced on or after February 1, 2011. Note: Section 101.647(2) to (6), Stats., reads:
(2) INSTALLATION AND SAFETY CERTIFICATION. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector.(3) REQUIREMENTS. (a) 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. (am)1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01(5), the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling's electrical wiring system, except as provided under subd. 2.2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance.(b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.(4) INSPECTION. Except as provided under s. 101.64(2m), the department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect a new dwelling and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.(5) LIABILITY EXEMPTION. The owner of a dwelling is not liable for damages resulting from any of the following: (a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.(b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling.(6) TAMPERING PROHIBITED. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.(b)Location.1. On floor levels that contain one or more sleeping areas, a carbon monoxide detector shall be installed outside of the sleeping area, within 21 feet of the centerline of the door opening to any sleeping area and in an exit path from any sleeping area.2. On floor levels that do not contain a sleeping area, a carbon monoxide detector shall be installed in a common area on each floor level.(c)Electrical service and interconnection.1. Except as provided in subd. 2., carbon monoxide detectors shall be continuously powered by the house electrical service, shall have a backup power supply and shall be interconnected so that activation of one alarm will cause activation of all alarms.2. Dwellings with no electrical service shall be provided with battery-powered carbon monoxide detectors in the locations under par. (b). Interconnection is not required in these dwellings.(d)Standards. The devices shall conform with one of the following standards: 1. Carbon monoxide detectors shall be listed and labeled identifying conformance with UL 2034. Note: Pursuant to this subdivision, carbon monoxide detectors need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms.
2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075. Note: Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors.
(3) EXISTING DWELLINGS. Listed and labeled carbon monoxide detectors shall be installed and maintained in accordance with s. 101.647(2) to (6), Stats., in one and 2-family dwellings, for which building permit applications were made or initial construction commenced on or after June 1, 1980, and before February 1, 2011.Wis. Admin. Code Department of Safety and Professional Services SPS 321.097
EmR0826: emerg. cr. eff. 10-1-08; CR 08-085: cr. Register May 2009 No. 641, eff. 6-1-09; renumbered under s. 13.92(4) (b) 1 and corrections in (1) (b) 2. and (6) made under s. 13.92(4) (b) 7, Stats., Register May 2009 No. 641; CR 10-089: renum. (1) (a), (2), (3), (5), (6), (7) to be (4) (a), (b), (c), (e), (g), (h) and am. (4) (g) and (h), r. (1) (b), (4), cr. (1), (2), (3), (4) (title), (d), (f) Register January 2011 No. 661, eff. 2-1-11.Amended by, correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register February 2017 No. 734, eff. 3/1/2017Amended by, CR 21-047: am. (title), renum. (1) (a) to (1) (ar) and am., cr. (1) (ag), r. (1) (b), am. (2) (a) to (c), (d) 1., (3), r. (4) Register May 2022 No. 797, eff. 6/1/2022See statutory reprint under s. SPS 321.097(2) (a).