Definition of a building for human occupancy under Wisconsin Law

As a general rule, statutes should be interpreted by using the ordinary meaning of words (unless the statute explicitly defines a word or phrase). Occupancy refers to the act being in a specific area such as a building or room for a period of time.  Human occupancy refers to the act of people being in a specific area such as a room or building for a period of time. Thus, examples of buildings for human occupancy include houses, apartments, offices, theaters, arenas, etc.  Each of these buildings are buildings where the act of people being in a specific area for a period of time occurs.

When Wisconsin law refers to a building for human occupancy, it includes residences, offices, meeting places, businesses, and places where people gather for a period of time.  It does not include buildings for storage or where people are present for short transitory periods of time.  For example, a garden shed that is used to store tools (and not to work in) is not as building for human occupancy.

Wisconsin law typically uses "dwelling" or residence to refer to a building or structure used or intended to be used as a place of residence. According to Wisconsin Statutes § 101.61(1), a dwelling includes a variety of residential structures, such as single-family homes, duplexes, apartment units, and certain manufactured homes.  Note the difference between dwelling and human occupancy.  Human occupancy is broader and includes, along with dwellings, offices, gathering places, etc.

For example, according to Wisconsin Administrative Code SPS 362.0202, the definition of building for human occupancy encompasses any structure where people live, work, or otherwise spend time, including residences, workplaces, schools, hospitals, and more.

If you're dealing with a specific scenario or type of building, there may be additional rules or exceptions. You can look up Wisconsin Statutes Chapter 101 and Administrative Code SPS 362 for further details.