Section 320.02. Scope.

 

(1)   General. The provisions of this code apply to all of the following:

(a) All one- and 2-family dwellings built on or after the effective dates under s. SPS 320.03 .

(b) Adult family homes providing care, treatment and services for 3 or 4 unrelated adults built on or after the effective dates under s. SPS 320.03 .

(c) Community-based residential facilities providing care, treatment and services for 5 to 8 unrelated adults built on or after the effective dates under s. SPS 320.03 .

(ce) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03 that is used as a foster home or group home, or as a residential care center for children and youth that has a capacity for 8 or fewer children, all as defined in s. 48.02 , Stats. Where such a home or center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.

(cm) A one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03 , in which a public or private day care center for 8 or fewer children is located. Where such a day care center is operated in each dwelling unit of a 2-family dwelling, the capacity limit for each unit is independent of the other unit only if the two operations are independent of each other.

(cs)

1. Any portion of or space within a one- or 2-family dwelling built on or after the effective dates under s. SPS 320.03 , in which a home occupation is located.

2. In this paragraph, "home occupation" means any business, profession, trade, or employment conducted in a person's dwelling unit, that may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:

a. Explosives, fireworks, or repair of motor vehicles.

b. More than 25% of the habitable floor area of the dwelling unit.

(d) The onsite installation of a mobile home or manufactured home on piers, regardless of the date of production of the home.

(e) The onsite installation of a manufactured home, regardless of the type of foundation, where the manufactured home has a production date on or after April 1, 2007.

(f) The design and construction of a crawlspace, basement or foundation, other than piers, under a manufactured home where the manufactured home has a production date on or after the effective dates under s. SPS 320.03 .

(g) All garages, carports, porches, stoops, decks, balconies, stairways and similar structures that are attached to any building covered under this section that was constructed or had a production date on or after the effective dates under s. SPS 320.03 .

(h) Adjacent, unattached structures listed under par. (g) that serve an exit from a dwelling.

(2)   Municipal ordinances.

(a) A municipality may not adopt an ordinance on any subject falling within the scope of this code including establishing restrictions on the occupancy of dwellings for any reason other than noncompliance with the provisions of this code as set forth in s. SPS 320.10 (4) . This code does not apply to occupancy requirements occurring after the first occupancy for residential purposes following the final inspection required under s. SPS 320.10 (3) (h) .

(b) This code shall not be construed to affect local requirements relating to land use, zoning, post-construction storm water management, fire districts, side, front and rear setback requirements, property line requirements or other similar requirements. This code shall not affect the right of municipalities to establish safety regulations for the protection of the public from hazards at the job site.

(c) Any municipality may, by ordinance, require permits and fees for any construction, additions, alterations or repairs not within the scope of this code.

(d) Any municipality may, by ordinance, adopt the provisions of chs. SPS 320 to 325 to apply to any additions or alterations to existing dwellings.

(e) Nothing in this chapter shall prevent a municipality from any of the following:

1. Implementing erosion and sediment control requirements that are more stringent than the standards of this code when directed by an order of the United States Environmental Protection Agency or by an administrative rule of the department of natural resources under s. NR 151.004 .

2. Regulating erosion and sediment control for sites that are not under the scope of this chapter.

(f) This code shall not be construed to affect the authority of the Department of Natural Resources to enforce chapters 281 and 283 , Stats., and administrative rules promulgated there under.

(3)   Legal responsibility. The department or the municipality having jurisdiction shall not assume legal responsibility for the design or construction of dwellings.

(4)   Retroactivity. The provisions of this code are not retroactive, except as specifically stated in a rule.

(6)   Landscaping. Except for construction erosion control, the scope of this code does not extend to driveways, sidewalks, landscaping and other similar features not having an impact on the dwelling structure.

History: Cr. Register, November, 1979, No. 287 , eff. 6-1-80; am. (1) (intro.), cr. (1) (d), r. and recr. (6), Register, February, 1985, No. 350 , eff. 3-1-85; r. (6), Register, January, 1989, No. 397 , eff. 2-1-89; am. (3), Register, April, 1990, No. 412 , eff. 5-1-90; am. (5), Register, September, 1992, No. 441 , eff. 12-1-92; am. (1) (a), Register, November, 1995, No. 479 , eff. 12-1-95; CR 00-159 : renum. (intro.) to be (1) (a) and (1) to (5) to be (2) to (6); cr. (1) (b), Register September 2001 No. 549 eff. 12-1-01; CR 03-097 : r. and recr. (1) Register November 2004 No. 587 , eff. 1-1-05; CR 05-113 : am. (2) (b), cr. (2) (e) and (f) Register December 2006 No. 612 , eff. 4-1-07; CR 06-071 : renum. (1) to be (1) (a), cr. (1) (b) Register December 2006 No. 612 , eff. 4-1-07; CR 08-043 : r. and recr. (1), am. (2) (e) 1. Register March 2009 No. 639 , eff. 4-1-09; corrections in (2) (a) made under s. 13.92 (4) (b) 7. , Stats., Register March 2009 No. 639 ; CR 10-089 : am. (4) Register January 2011 No. 661 , eff. 2-1-11; correction in (1) (a), (b), (c), (f), (g), (2) (a), (d) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; CR 15-041 : cr. (1) (ce), (cm), (cs), renum. (5) to SPS 321.02 (4) and am. Register December 2015 No. 720 , eff. 1-1-16.

Note

This includes site-built dwellings, manufactured buildings used as dwellings, modular homes and dwellings that may be designated as cabins, seasonal homes, temporary residences, etc., (except for manufactured or HUD homes, which are covered separately under this section). Microsoft Windows NT 6.1.7601 Service Pack 1 Note: The definitions in s. 48.02 , Stats., limit foster homes to no more than 4 children unless the children are siblings, and limit group homes to no more than 8 children. Where permitted by the Department of Children and Families, a group home or a residential care center for children and youth that has a capacity for 8 or fewer children may be located in a one- or 2-family dwelling as a community living arrangement, as defined in s. 46.03 (22) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Chapter DCF 250 , as administered by the Department of Children and Families, defines a "family child care center" as being "a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider." Chapter DCF 250 applies various licensing and other requirements to these centers, including for fire protection and other aspects of the physical plant. Microsoft Windows NT 6.1.7601 Service Pack 1 See chs. SPS 361 to 366 for buildings that are beyond the scope of this code. Microsoft Windows NT 6.1.7601 Service Pack 1 The design and construction of a manufactured home is regulated by the U.S. Department of Housing and Urban Development and is not subject to UDC requirements. Prior to regulation by HUD in 1976, manufactured homes were known as mobile homes and their design and construction were not uniformly regulated. See s. SPS 320.07 (52m) for the statutory definition. Microsoft Windows NT 6.1.7601 Service Pack 1