Cal. Civ. Code § SPS 328.02
Scope.
Operative Text
SPS 328.02 Scope. (1) Except as provided in sub. (2), the provisions of this chapter apply to a dwelling, for which initial construction commenced before June 1, 1980, where the dwelling serves as any of the following: (a) A one- and 2-family dwelling. (b) An adult family home providing care, treatment and services for 3 or 4 unrelated adults. (c) A community-based residential facility providing care, treatment and services for 5 to 8 unrelated adults. (2) (a) Carbon monoxide detectors shall be installed and maintained in accordance with s. 101.149 (2) and (3), Stats., in a dwelling serving as a tourist rooming house, for which initial construction commenced before June 1, 1980. (b) A carbon monoxide detector is not required to be provided under the requirements of this chapter in a dwelling that meets the exemption under s. 101.647 (3) (a), Stats.
Wisconsin Administrative Code § SPS 328.02 defines which residential buildings fall under the lead-hazard and safety requirements of SPS Chapter 328. Generally, the chapter covers dwellings built before June 1, 1980, that function as one- or two-family homes, adult family homes serving three to four unrelated adults, or community-based residential facilities serving five to eight unrelated adults. Tourist rooming houses built before that same date are subject to a narrower requirement limited to carbon monoxide detector installation and maintenance, while certain dwellings that qualify for a statutory exemption under state law are not required to provide a carbon monoxide detector under this chapter.
Plain English — not legal advice.
Property owners and managers operating pre-1980 dwellings should confirm whether their building type falls within the scope of § SPS 328.02, since the chapter's full requirements apply to one- and two-family homes and certain small residential care facilities of that vintage. Those operating tourist rooming houses built before June 1, 1980, are responsible for installing and maintaining carbon monoxide detectors in compliance with the referenced statutory provisions, even though the broader chapter requirements may not apply. Operators whose properties may qualify for the carbon monoxide detector exemption under § 101.647(3)(a), Stats., would typically document that basis carefully to demonstrate compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Wisconsin dwellings built before June 1, 1980, should be aware that § SPS 328.02 determines whether their home is covered by the protections of SPS Chapter 328, which can include lead-hazard and safety standards. If a tenant believes their one- or two-family home, adult family home, or community-based residential facility is not meeting the requirements that apply under this provision, they may consider contacting the Wisconsin Department of Safety and Professional Services or a local tenant-rights organization to understand available options. Tenants in tourist rooming houses covered by § SPS 328.02(2)(a) have a specific right to functioning carbon monoxide detectors, and a failure to provide them may be raised as a violation through appropriate complaint channels.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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