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SPS 320.10(6)(a)3. 3. Applications forms, correction orders, correspondence and inspection records shall be maintained for 7 years after completion of the dwelling.
SPS 320.10(6)(b) (b) State enforcement. Inspectors working under state contract shall maintain records in accordance with the provisions of the contract that was in effect at the time the inspections were completed.
SPS 320.10 Note Note: Records generated by the plan review and inspection functions are public records and are subject to the open-records law.
SPS 320.10 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (a), Register, February, 1985, No. 350, eff. 3-1-85; cr. (1) (b) 2. f., Register, January, 1989, No. 397, eff. 2-1-89; correction (1) (b) 2. intro. made under s. 13.93 (2m) (b) 4., Stats., Register, January, 1989, No. 397; r. (1) (b) 2. e., renum. (1) (b) 2. f. and 3. and (3) to be (1) (b) 2. e. and 4. and (2), cr. (1) (b) 3., Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (c), Register, September, 1992, No. 441, eff. 12-1-92; cr. (1) (b) 5., Register, November, 1995, No. 479, eff. 12-1-95; am. (intro.), Register, October, 1996, No. 490, eff. 11-1-96; r. and recr. (1) (c), Register, February, 1997, No. 494, eff. 3-1-97; am. (intro.), Register, March, 1998, No. 507, eff. 4-1-98; r. and recr. (1) (b) 4., Register, March, 2001, No. 543, eff. 4-1-01; CR 00-159: am. (1) (intro.), (c) 1. and 2. a., r. and recr. (1) (a), Register September 2001 No. 549 eff. 12-1-01; CR 05-113: r. and recr. (1) (c) 2. Register December 2006 No. 612, eff. 4-1-07; CR 06-071: am. (1) (b) (intro.) cr. (1) (b) 6. and (3) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. and recr. Register March 2009 No. 639, eff. 4-1-09; correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (1), (4) (a) 3., (b) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-088: am. (4) (a) 1., 2. Register May 2016 No. 725, eff. 6-1-16.
SPS 320.11 SPS 320.11 Suspension or revocation of Wisconsin uniform building permit.
SPS 320.11(1)(a) (a) The municipality or the registered UDC inspection agency administering and enforcing this code may suspend or revoke any Wisconsin uniform building permit where it appears that the permit or approval was obtained through fraud or deceit, where the applicant has willfully refused to correct a violation order or where the inspector is denied access to the premises.
SPS 320.11(1)(b) (b) No construction may take place on the dwelling after suspension or revocation of the permit.
SPS 320.11(2) (2)Any person aggrieved by a determination made by the department, a municipality or a registered UDC inspection agency may appeal the decision in accordance with s. SPS 320.21.
SPS 320.11 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; CR 00-159: r. (1), renum. (intro.) to be (1), am. (2), Register, September 2001 No. 549 eff. 12-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. V of ch. SPS 320 Subchapter V — Approval and Inspection of Modular Homes and Their Components
SPS 320.12 SPS 320.12 Scope. This part shall govern the design, manufacture, installation and inspection of modular homes, manufactured building systems and the components of the building systems displaying the Wisconsin insignia.
SPS 320.12 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639.
SPS 320.13 SPS 320.13 Manufacture, sale and installation of homes.
SPS 320.13(1)(1)Manufacture and sale. No modular home, manufactured building system or component of the building system subject to this part shall be manufactured for use, sold for initial use or installed in this state unless it is approved by the department and it bears the Wisconsin insignia issued or a state seal or an insignia reciprocally recognized by the department.
SPS 320.13(2) (2)Installation. A Wisconsin uniform building permit shall be obtained in accordance with s. SPS 320.09 (1) to (5) (a) before any on-site construction falling within the scope of this code is commenced for a modular home. The permit shall be issued in accordance with s. SPS 320.09 (9).
SPS 320.13 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register August 2007 No. 620; CR 08-043: am. (2) Register March 2009 No. 639, eff. 4-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.14 SPS 320.14 Approval procedures.
SPS 320.14(1)(1)Application for approval.
SPS 320.14(1)(a)(a) An application for approval of any modular home, building system or component shall be submitted to the department in the form required by the department, along with the appropriate fees in accordance with s. SPS 302.34.
SPS 320.14(1)(b) (b) The department shall review and make a determination on an application for approval of a modular home, building system or component within 3 months.
SPS 320.14(2) (2)Approval of building systems and components.
SPS 320.14(2)(a)(a) Approval of building systems.
SPS 320.14(2)(a)1.1. `Plans and specifications.' All plans and specifications shall be submitted to the department according to subd. 1. a. or b.:
SPS 320.14(2)(a)1.a. a. Three complete sets of building, structural, mechanical and electrical plans, (including elevations, sections and details), specifications and calculations shall be submitted to the department on behalf of the manufacturer for examination and approval.
SPS 320.14(2)(a)1.b. b. At least one complete set of building, structural, mechanical and electrical plans, (including elevations, sections and details), specifications and calculations shall be submitted to the department on behalf of a manufacturer. All plans and specifications submitted to the department shall be stamped “conditionally approved" by a UDC certified inspector or inspectors.
SPS 320.14(2)(a)2. 2. `Compliance assurance program.'
SPS 320.14(2)(a)2.a.a. Three sets of the compliance assurance program shall be submitted for examination and approval.
SPS 320.14(2)(a)2.b. b. The compliance assurance program shall meet the standards of the Model Documents for the Evaluation, Approval and Inspection of Manufactured Buildings or an equivalent standard acceptable to the department.
SPS 320.14(2)(b) (b) Approval of building components.
SPS 320.14(2)(b)1.1. `Plans and specifications.' All plans and specifications shall be submitted to the department according to subd. 1. a. or b.:
SPS 320.14(2)(b)1.a. a. At least 3 complete sets of plans and specifications for manufactured dwelling building components shall be submitted to the department on behalf of the manufacturer for examination and approval.
SPS 320.14(2)(b)1.b. b. At least one complete set of plans and specifications for manufactured dwelling building components shall be submitted to the department on behalf of the manufacturer. All plans and specifications submitted to the department shall be stamped “conditionally approved" by a UDC certified inspector or inspectors.
SPS 320.14(2)(b)2. 2. `Compliance assurance program.'
SPS 320.14(2)(b)2.a.a. Three sets of the compliance assurance program shall be submitted to the department for examination and approval of components.
SPS 320.14(2)(b)2.b. b. The compliance assurance program shall meet the requirements established by the department or, where applicable, be in the form of the Model Documents for the Evaluation, Approval and Inspection of Manufactured Buildings or an equivalent standard acceptable to the department.
SPS 320.14(3) (3)Notification of approval or denial of plans, specifications and compliance assurance program.
SPS 320.14(3)(a) (a) Conditional approval. If the department determines that the plans, specifications, compliance assurance program and application for approval submitted for such building system or component substantially conform to the provisions of this code, a conditional approval shall be issued. A conditional approval issued by the department shall not constitute an assumption of any liability for the design or construction of the manufactured building.
SPS 320.14(3)(a)1. 1. `Written notice.' The conditional approval shall be in writing and sent to the manufacturer and the person submitting the application for approval. Any noncompliance specified in the conditional approval shall be corrected before the manufacture, sale or installation of the dwelling, building system or component.
SPS 320.14(3)(a)2. 2. `Stamping of plans, specifications and compliance assurance program.' Approved plans, specifications and compliance assurance programs shall be stamped “conditionally approved." At least 2 copies shall be returned to the person designated on the application for approval; one copy shall be retained by the department.
SPS 320.14(3)(b) (b) Denial. If the department determines that the plans, specifications, compliance assurance program or the application for approval do not substantially conform to the provisions of this code, the application for approval shall be denied.
SPS 320.14(3)(b)1. 1. `Written notice.' The denial shall be in writing and sent to the manufacturer and the person submitting the application for approval. The notice shall state the reasons for denial.
SPS 320.14(3)(b)2. 2. `Stamping of plans, specifications and compliance assurance program.' Plans, specifications and compliance assurance programs shall be stamped“not approved." At least 2 copies shall be returned to the person submitting the application for approval; one copy shall be retained by the department.
SPS 320.14(4) (4)Evidence of approval. The manufacturer shall keep at each manufacturing plant where such building system or component is manufactured, one set of plans, specifications and compliance assurance program bearing the stamp of conditional approval. The conditionally approved plans, specifications and compliance assurance program shall be available for inspection by an authorized representative of the department during normal working hours.
SPS 320.14(5) (5)Inspections. Manufacturers shall contract with the department or an independent inspection agency to conduct in-plant inspections to assure that the building system and components manufactured are in compliance with the plans, specifications and the compliance assurance program approved by the department. All inspections, for the purpose of administering and enforcing this code, shall be performed by a certified UDC inspector or inspectors.
SPS 320.14(6) (6)Wisconsin insignia. Upon departmental approval of the plans, specifications and compliance assurance program, and satisfactory in-plant inspections of the building system and components, Wisconsin insignias shall be purchased from the department in accordance with the fee established in s. SPS 302.34. A manufacturer shall be entitled to display the Wisconsin insignia on any approved system or component.
SPS 320.14(6)(a) (a) Lost or damaged insignia.
SPS 320.14(6)(a)1.1. `Notification.' If Wisconsin insignias become lost or damaged, the department shall be notified immediately, in writing, by the manufacturer or dealer.
SPS 320.14(6)(a)2. 2. `Return of damaged insignias.' If Wisconsin insignias become damaged, the insignia shall be returned to the department with the appropriate fee to obtain a new insignia.
SPS 320.14(6)(b) (b) Affixing Wisconsin insignias. Each Wisconsin insignia shall be assigned and affixed to a specific manufactured dwelling or component in the manner approved by the department before the dwelling is shipped from the manufacturing plant.
SPS 320.14(6)(c) (c) Insignia records.
SPS 320.14(6)(c)1.1. `Manufacturer's insignia records.' The manufacturer shall keep permanent records regarding the handling of all Wisconsin insignias, including construction compliance certificates, indicating the number of Wisconsin insignias which have been affixed to manufactured dwellings or manufactured building components (or groups of components); which Wisconsin insignias have been applied to which manufactured dwelling or manufactured building component; the disposition of any damaged or rejected Wisconsin insignias; and the location and custody of all unused Wisconsin insignias. The records shall be maintained by the manufacturer or by the independent inspection agency for at least 10 years. A copy of the records shall be sent to the department upon request.
SPS 320.14(6)(c)2. 2. `Construction compliance certificate.' Within 30 days after receiving the original Wisconsin insignias from the department, and at the end of each month thereafter, the manufacturer shall submit a construction compliance certificate, in the form determined by the department, for each manufactured dwelling intended for sale, use or installation in the state.
SPS 320.14(6)(d) (d) Unit identification. Each modular home and major transportable section or component shall be assigned a serial number. The serial number shall be located on the manufacturer's data plate.
SPS 320.14(6)(e) (e) Manufacturer's data plate. The manufacturer's data plate for building systems shall contain the following information, where applicable:
SPS 320.14(6)(e)1. 1. Manufacturer's name and address;
SPS 320.14(6)(e)2. 2. Date of manufacture;
SPS 320.14(6)(e)3. 3. Serial number of unit;
SPS 320.14(6)(e)4. 4. Model designation;
SPS 320.14(6)(e)5. 5. Identification of type of gas required for appliances and directions for water and drain connections;
SPS 320.14(6)(e)6. 6. Identification of date of the codes or standards complied with;
SPS 320.14(6)(e)7. 7. State insignia number;
SPS 320.14(6)(e)8. 8. Design loads;
SPS 320.14(6)(e)9. 9. Special conditions or limitations of unit;
SPS 320.14(6)(e)10. 10. Electrical ratings; instructions and warnings on voltage, phase, size and connections of units and grounding requirements.
SPS 320.14(7) (7)Reciprocity. Upon request, the department will make available to any person a list of those states whose dwelling codes are considered equal to the codes established by the department and whose products are accepted reciprocally by Wisconsin.
SPS 320.14 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (a), r. and recr. (2) (a) 1. and (b) 1., Register, February, 1985, No. 350, eff. 3-1-85; correction in (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1992, No. 441; am. (1), (2) (a) 2., Register, November, 1995, No. 479, eff. 12-1-95; am. (2) (a) 1. b., (b) 1. b., (5), Register, October, 1996, No. 490, eff. 11-1-96; correction in (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1996, No. 490; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1998, No. 507; correction in (2) (a) 2. made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569; CR 06-119: am. (1) Register July 2007 No. 619, eff. 8-1-07; CR 08-043: am. (1), (2) (a) 2. and (b) 2. Register March 2009 No. 639, eff. 4-1-09; corrections in (2) (a) 2. b., (b) 2. b. and (6) (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (1) (a), (6) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.15 SPS 320.15 Effect of approval.
SPS 320.15(1)(1)Right to bear insignia. A modular home or building component approved by the department, manufactured and inspected in accordance with this code, shall be entitled to bear the Wisconsin insignia.
SPS 320.15(2) (2)Effect of insignia. Modular homes and manufactured building components bearing the Wisconsin insignia are deemed to comply with this code, except as to installation site requirements, regardless of the provisions of any other ordinance, rule, regulation or requirement.
SPS 320.15(3) (3)Right to install. Modular homes and components bearing the Wisconsin insignia may be manufactured, offered for sale and shall be entitled to be installed anywhere in Wisconsin where the installation site complies with the other provisions of this code.
SPS 320.15 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; corrections made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639.
SPS 320.16 SPS 320.16 Suspension and revocation of approval. The department shall suspend or revoke its approval of a manufactured building system or manufactured building component if it determines that the standards for construction or the manufacture and installation of a manufactured building system or manufactured building component do not meet this code or that such standards are not being enforced as required by this code. The procedure for suspension and revocation of approval shall be as follows:
SPS 320.16(1) (1)Filing of complaint. Proceedings to suspend or revoke an approval shall be initiated by the department or an independent inspection agency or UDC certified inspector having a contract with the manufacturer whose approval is sought to be suspended or revoked. Initiation shall be by a signed, written complaint filed with the department. Any alleged violation of the code shall be set forth in the complaint with particular reference to time, place and circumstance.
SPS 320.16(2) (2)Investigation and notification. The department may investigate alleged violations on its own initiative or upon the filing of a complaint. If it is determined that no further action is warranted, the department shall notify the persons affected. If the department determines that there is probable cause, it shall order a hearing and notify the persons affected.
SPS 320.16(3) (3)Mailing. Unless otherwise provided by law, all orders, notices and other papers may be served by the department by certified mail to the persons affected at their last known address. If the service is refused, service may be made by sheriff without amendment of the original order, notice or other paper.
SPS 320.16(4) (4)Response. Upon receipt of notification of hearing from the department, the person charged with noncompliance or nonenforcement may submit to the department a written response within 30 days of the date of service. If the person charged files a timely written response, such person shall thereafter be referred to as the respondent.
SPS 320.16(5) (5)Conciliation agreement prior to hearing. If the department and the respondent are able to reach agreement on disposition of a complaint prior to hearing, such agreement shall:
SPS 320.16(5)(a) (a) Be transmitted in writing to the secretary;
SPS 320.16(5)(b) (b) Not be binding upon any party until signed by all parties and accepted by the secretary;
SPS 320.16(5)(c) (c) Not be considered a waiver of any defense nor an admission of any fact until accepted by the secretary.
SPS 320.16(6) (6)Hearings.
SPS 320.16(6)(a) (a) Subpoenas; witness fees. Subpoenas shall be signed and issued by the department or the clerk of any court of record. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.
SPS 320.16(6)(b) (b) Conduct of hearings. All hearings shall be conducted by persons selected by the department. Persons so designated may administer oaths or affirmations and may grant continuances and adjournments for cause shown. The respondent shall appear in person and may be represented by an attorney-at-law. Witnesses may be examined by persons designated by all parties.
SPS 320.16(7) (7)Findings. The department shall make findings and enter its order within 14 days of the hearing. Any findings as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary.
SPS 320.16(8) (8)Appeal arguments. Appeal arguments shall be submitted to the department in writing in accordance with ch. 227, Stats., unless otherwise ordered. The department shall review and make a determination on an appeal of notification of suspension or revocation of approval within 45 business days of receipt of the appeal.
SPS 320.16 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (8), Register, February, 1985, No. 350, eff. 3-1-85; am. (1), Register, October, 1996, No. 490, eff. 11-1-96.
SPS 320.17 SPS 320.17 Effect of suspension and revocation.
SPS 320.17(1)(1)Bearing of insignia. Upon suspension or revocation by the department of the approval of any modular home or manufactured building component, no further insignia shall be attached to any home or building component manufactured with respect to which the approval was suspended or revoked. Upon termination of such suspension or revocation, insignias may again be attached to the home or building component manufactured after the date approval is reinstated. Should any home or building component have been manufactured during the period of suspension or revocation, it shall not be entitled to bear the Wisconsin insignia unless the department has inspected, or caused to be inspected, such modular home or manufactured building component and is satisfied that all requirements for certification have been met.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.