Current through February 26, 2024
(1) PURPOSE. The
purpose of this section is to implement the requirements of s.
97.625(1)
(am) and (1g), Stats., with respect to bed
and breakfast establishments in a manner consistent with the standards in s.
101.149,
Stats., and ss.
SPS
321.097 and 362.0915.
Note: Section
97.625(1)
(am), Stats., was repealed by 2017 a.
330.
(2) DEFINITIONS. In
this section:
(a) "Carbon monoxide detector"
means an electronic or battery-operated device that sounds an alarm when an
unsafe level of carbon monoxide is in the air. A carbon monoxide detector is
referred to as a "carbon monoxide alarm" by the Underwriters Laboratories,
Inc., standards and ss.
SPS
320.24(2), 321.097 and
362.0915.
(b) "Fuel-burning
appliance" means a device that is used or intended to be used in a residential
building and burns fossil fuel or carbon based fuel where carbon monoxide is a
combustion by-product. "Fuel-burning appliance" includes stoves, ovens, grills,
clothes dryers, furnaces, boilers, water heaters, heaters, and
fireplaces.
(c) "Inspection agent"
means an individual holding certification under s.
SPS 305.71 as an
HVAC qualifier, who has been retained by the department or its agent to conduct
the inspections of sealed combustion units required under this section and ss.
101.149(5)
(c) and
97.625(1)
(am), Stats.
Note: Sections
97.625(1)
(am) and
101.149(5)
(c), Stats., were repealed by 2017 a.
330.
(d) "Listed" means
equipment that is tested by an independent testing agency and accepted by the
department of safety and professional services.
(e) "Residential building" means a bed and
breakfast establishment.
(f)
"Sealed combustion appliance" means a listed fuel-burning appliance that
acquires all air for combustion through a dedicated sealed passage from the
outside to a sealed combustion chamber and for which all combustion products
are vented to the outside through a separate dedicated sealed vent.
(g) "Sleeping area" means the area of the
unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping
rooms separated by another use area such as a kitchen or living room are
separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom
are not separate sleeping areas.
(h) "Unit" means a part of a residential
building that is offered for pay as a sleeping place or sleeping accommodations
to an individual or a group of individuals maintaining a common household to
the exclusion of others. Every room or set of rooms that is rented out
separately is a "unit."
(3) INSTALLATION REQUIREMENTS. The operator
shall install carbon monoxide detectors in compliance with the requirements of
s.
101.149(2),
Stats., and s.
SPS
321.097 or 362.0915, as follows:
(a) Except as provided in par. (b) or in sub.
(6), the operator shall install a carbon monoxide detector in each residential
building in all of the following places not later than the date specified under
par. (c):
1. In the basement of the building
if the basement has a fuel-burning appliance.
2. Within 15 feet of each sleeping area of a
unit that has a fuel-burning appliance.
3. Within 15 feet of each sleeping area of a
unit that is immediately adjacent to a unit, located on the same floor level,
that has a fuel-burning appliance.
4. In each room that has a fuel-burning
appliance and that is not used as a sleeping area, not more than 75 feet from
the fuel-burning appliance.
5. In
each hallway leading from a unit that has a fuel-burning appliance, in a
location that is within 75 feet from the unit, measured from the door of the
unit along the hallway leading from the unit, except that, if there is no
electrical outlet within this distance, the operator shall place the carbon
monoxide detector at the closest available electrical outlet in the
hallway.
(b) If a unit
is not part of a multiunit building, the operator need not install more than
one carbon monoxide detector in the unit.
(c)
1.
Except as provided under subd. 2., the operator shall comply with the
requirements of this subsection before a residential building is
occupied.
2. The operator shall
comply with the requirements of this subsection not later than April 1, 2010,
if construction of the residential building was initiated before October 1,
2008, or if the department of safety and professional services approved the
plans for the construction of the building under s.
101.12,
Stats., before October 1, 2008.
(d) A carbon monoxide detector shall conform
to UL 2034 and shall be listed and labeled identifying conformance to UL 2034.
Carbon monoxide detectors and sensors as part of a gas detection or emergency
signaling system shall conform to UL 2075 and shall be listed and labeled
identifying conformance to UL 2075.
(e) The operator shall install every carbon
monoxide detector required under this section according to the directions and
specifications of the manufacturer of the carbon monoxide detector.
(f) Installation shall conform to the
applicable requirements of s.
SPS
321.097 or 362.0915.
(4) MAINTENANCE REQUIREMENTS. The operator
shall maintain carbon monoxide detectors in compliance with the requirements of
s.
101.149(3),
Stats., as follows:
(a) The operator shall
reasonably maintain every carbon monoxide detector in the residential building
in the manner specified in the instructions for the carbon monoxide
detector.
(b) An occupant of a unit
in a residential building may give the operator written notice that a carbon
monoxide detector in the residential building is not functional or has been
removed by a person other than the occupant. The operator shall repair or
replace the nonfunctional or missing carbon monoxide detector within 5 days
after receipt of the notice.
(5) TAMPERING PROHIBITED. Pursuant to s.
101.149(4),
Stats., 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.
(6) EXCEPTION TO INSTALLATION REQUIREMENTS.
The installation of carbon monoxide detectors is not required in a residential
building if construction of the building was initiated before October 1, 2008,
or if the department of safety and professional services approved the plans for
the construction of the building under s.
101.12,
Stats., and s.
SPS
361.30, provided the building does not have an
attached garage and any one of the following circumstances applies:
(a) The building does not have any
fuel-burning appliances.
(b) All of
the fuel-burning appliances in the building are of a sealed-combustion type and
are covered by the manufacturers' warranties against defects.
(c) All the fuel-burning appliances in the
building are of a sealed-combustion type and are inspected in accordance with
sub. (7) or (8) (b).
(7)
INSPECTION OF SEALED COMBUSTION APPLIANCES.
(a) The operator shall arrange for the
inspection of every sealed combustion appliance and the vents and chimneys
serving the appliances in any residential building where a carbon monoxide
detector has not been installed.
(b) The inspection of a sealed combustion
appliance, vents and chimneys shall satisfy the following requirements:
1. The inspection of the sealed combustion
appliance, vents and chimneys shall be for the purpose of determining carbon
monoxide emission levels.
2. The
inspection shall be performed at least once a year.
3. The inspection shall be performed by an
individual who holds certification issued under s.
SPS 305.71 as an
HVAC qualifier.
4. If upon
inspection the carbon monoxide emissions from a fuel burning appliance, vent or
chimney are not within the manufacturer's specifications, the appliance may not
be operated until it is repaired. If the appliance is repaired, it shall be
inspected again before it is used.
5. The individual inspecting the sealed
combustion appliance shall prepare a written, dated, and signed report
identifying the level of carbon monoxide emissions and certifying whether or
not carbon monoxide emissions are within the manufacturer's specifications,
which the operator shall retain for review by the department or its
agent.
(8)
INSPECTIONS AND ENFORCEMENT BY DEPARTMENT.
(a)
The department or its agent shall conduct regular inspections of facilities to
ensure compliance with s.
101.149(2) and
(3), Stats., and this section.
(b) If, upon inspection, the department or
its agent determines that a sealed combustion appliance has not been inspected
and certified as meeting the manufacturer's specifications for carbon monoxide
emissions, as required under sub. (7), the department or agent shall order the
operator to have an inspection conducted within 30 days. If the department or
its agent has not received an inspection report as required under sub. (7) (b)
5. within 30 days, the department or agent shall arrange for an inspection
agent to conduct an inspection that satisfies the requirements under sub. (7)
(b), and the operator shall pay all of the costs associated with the
inspection.
(c) Pursuant to s.
101.149(8)
(a), Stats., if the department determines
after an inspection of a residential building that the operator has violated
the installation requirements under sub. (3) or the maintenance requirements
under sub. (4), the department shall issue an order requiring the operator to
correct the violation within 5 days or within such shorter period as the
department determines is necessary to protect public health and safety. As
required under s.
101.149(8)
(a), Stats., if the operator does not correct
the violation within the time required, the operator shall forfeit $50 for each
day of violation occurring after the date on which the department finds that
the violation was not corrected. Pursuant to s.
101.149(8)
(b), Stats., if a person is charged with more
than one violation of sub. (3) or (4) arising out of an inspection of a single
residential building, those violations shall be counted as a single violation
for the purpose of determining the amount of a forfeiture.
(d) A person who violates sub. (5) is subject
to criminal penalties under s.
101.149(8)
(c), Stats.