Section 318.1003. Application.

 

(1)   Retroactivity.

(a) The design, construction, and installation rules of this chapter, including the acceptance-inspection requirements and the applied criteria from the standards adopted in s. SPS 318.1005 , do not apply retroactively to conveyances existing prior to the effective date of the rule unless specifically stated in the administrative rule or standard.

(b)

1. The operation, testing, maintenance, and periodic inspection requirements of this chapter apply to all conveyances that exist on or after September 1, 2014, except as provided in subd. 2. and pars. (c) to (e) .

2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit.

(c)

1. The design, construction, and installation requirements of this chapter, including the acceptance-inspection requirements apply to any alterations, repairs, and replacement parts or components for any conveyance that have a contract date of on or after September 1, 2014, except as provided in subd. 2 and pars. (d) and (e) .

2. The provisions of subd. 1. do not apply to a conveyance with a contract date of prior to January 1, 2009, that serves a dwelling unit.

(d) This chapter does not apply to any conveyances for any of the following buildings or structures:

1.

a. Buildings or structures located on Indian reservation land that are held either in trust by the United States, or in fee by the tribe or a tribal member.

b. Buildings or structures which are located on off-reservation Indian land that is held in trust by the United States – and which are held either in trust by the United States, or in fee by the tribe or a tribal member.

2. Buildings and portions of buildings that are federally owned or exempted by federal statutes, regulations, or treaties.

3. Portions of buildings leased to the federal government provided all of the following conditions are met:

a. A statement is recorded with the register of deeds that describes the steps necessary for compliance to this chapter if the space is converted to a nonexempt use.

b. The statement recorded with the register of deeds is recorded in a manner that will permit the existence of the statement to be determined by reference to the property where the building is located.

c. The owner of the building submits a copy of the recorded document to the department or its authorized representative.

(e) Periodic inspections are not required under this chapter for any conveyances that receive periodic inspections by United States government inspectors.

(2)   Differing rules.

(a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.

(b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a) .

(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b) .

(3)   Interpretations. Under s. 101.02 (1) , Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards adopted under s. SPS 318.1005 .

(4)   Local requirements.

(a) This chapter does not limit the power of cities, villages, and towns to make or enforce additional or more stringent requirements, provided the requirements do not conflict with this chapter, any other rule of the department, or law, except as provided in par. (b) .

(b)

1. Pursuant to s. 101.02 (7m) , Stats., a city, village, town, or county may not enact and enforce additional or more restrictive standards for conveyances serving multifamily dwellings, except as provided under s. 101.975 , Stats., and provided they do not conflict with this chapter.

2. Any municipality exercising or intending to exercise jurisdiction under this chapter may apply to the department for a variance permitting the municipality to adopt an ordinance pertaining to conveyances serving multifamily dwellings not in conformance with this chapter. The department shall review and make a determination on a municipal request under this subsection within 60 business days of receipt of the request.

3.

a. The department may grant a municipal variance only where all of the conditions in subds. 3. b. and c. are demonstrated.

b. The municipality demonstrates that the variance is necessary to protect the health, safety, and welfare of individuals within the municipality because of specific climate or soil conditions generally existing within the municipality.

c. The municipality demonstrates that the granting of the variance, when viewed both individually and in conjunction with other variances requested by the municipality, does not impair the statewide uniformity of this chapter's requirements for multifamily dwellings.

d. Prior to making a determination on a municipal variance, the department shall solicit within the municipality and consider the statements of any interested persons as to whether the variance should be granted.

e. This subdivision shall be strictly construed in accordance with the goal of promoting statewide uniformity.

4. Pursuant to s. 101.121 , Stats., a city, village, town, or county may not enact or enforce additional or more restrictive standards regarding issues addressed under this chapter that would apply to alteration or change of occupancy for a historic building.

CR 14-020 : cr. Register August 2014 No. 704 , eff. 9-1-14.

Note

Although the provisions of subdivision 1. do not apply as stated above, these conveyances are subject to the requirements in section 101.983 (3) of the Statutes, which reads as follows: "If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985 (3) ." Microsoft Windows NT 6.1.7601 Service Pack 1 See section SPS 318.1007 (3) for further information about plan review for alterations and replacements Microsoft Windows NT 6.1.7601 Service Pack 1 A proposed alteration for an existing conveyance may necessitate modifying other components of the conveyance to make the proposed alteration comply with this chapter — and some alterations may necessitate modifying other features of a building that must comply with requirements in chapters SPS 320 to 325, the Wisconsin Uniform Dwelling (One- and Two-Family Dwelling) Code, and chapters SPS 361 to 366, the Wisconsin Commercial Building Code. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.02 (1) of the Statutes reads as follows: "The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings." Microsoft Windows NT 6.1.7601 Service Pack 1