SPS 320.18(4)(b)1.1. The department may include specific conditions in issuing an approval, including an expiration date for the approval.
SPS 320.18(4)(b)2.
2. Violations of the conditions under which an approval is issued shall constitute a violation of this code.
SPS 320.18(4)(c)
(c) If the department determines that the material, equipment or product does not comply with this code or the intent of this code, or that an experimental approval will not be issued, the request for approval shall be denied in writing.
SPS 320.18(4)(d)
(d) If an approved material, equipment or product is modified, the approval shall be considered null and void, unless the material, equipment or product is resubmitted to the department for review and approval is granted.
SPS 320.18(4)(e)1.1. The department may revoke or deny an approval of a material, equipment or product for any false statements or misrepresentations of relevant facts or data, unacceptability of a third party providing information, or as a result of material, equipment or product failure.
SPS 320.18(4)(e)2.
2. The department may re-examine an approved material, equipment or product and issue a revised approval at any time.
SPS 320.18(4)(f)
(f) The department may revoke an approval if the department determines that the material, equipment or product does not comply with this code or the intent of this code due to a change in the code or department interpretation of the code.
SPS 320.18(4)(g)
(g) An approval issued by the department may not be construed as an assumption of any responsibility for defects in design, construction or performance of the approved material, equipment or product nor for any damages that may result.
SPS 320.18(4)(h)
(h) Fees for the review of a material, equipment or product under this section and any onsite inspections shall be submitted in accordance with ch.
SPS 302.
SPS 320.18(5)(a)
(a) Ungraded or used building materials may be used or reused as long as the material possesses the essential properties necessary to achieve the level of performance required by the code for the intended use.
SPS 320.18(5)(b)
(b) The department or the municipality enforcing this code may require tests in accordance with sub.
(1) or
(2).
SPS 320.18 History
History: Cr.
Register, November, 1979, No. 287, eff. 6-1-80; cr. (3),
Register, February, 1985, No. 350, eff. 3-1-85; am. (1),
Register, November, 1995, No. 479, eff. 12-1-95; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1996, No. 490; r. and recr.,
Register, September, 2000, No. 537, eff. 10-1-00; correction in (4) (h) made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 320.19
SPS 320.19 Petition for variance. The department may grant a variance to a rule only if the variance does not result in lowering the level of health, safety and welfare established or intended by the rule. The department may consider other criteria in determining whether a variance should be granted including the effect of the variance on uniformity.
SPS 320.19(1)
(1)
Application for variance. The applicant shall submit the petition for variance application to the municipality exercising jurisdiction in order to receive the municipal recommendation. Where no municipality exercises jurisdiction, the application shall be submitted to the department. The following items shall be submitted when requesting a variance:
SPS 320.19(1)(a)
(a) A clear written statement of the specific provisions of this code from which a variance is requested and the method of establishing equivalency to those provisions.
SPS 320.19(1)(b)
(b) A fee in accordance with s.
SPS 302.52. The municipality may require a fee for the processing of the application in addition to the department's fee.
SPS 320.19 Note
Note: A copy of the Petition for Variance form (SBD-9890) is contained in the ch.
SPS 325 Appendix A.
SPS 320.19(2)
(2)
Municipal recommendation. The municipality administering and enforcing this code shall submit all applications for variance to the department, together with a municipal recommendation within 10 business days after receipt of the application. The recommendation of the municipality shall include the following items:
SPS 320.19(2)(c)
(c) An assessment of the overall impact of the variance on the municipality.
SPS 320.19 Note
Note: A copy of the Municipal Recommendation form (SBD-9890) is contained in the ch.
SPS 325 Appendix A.
SPS 320.19(3)
(3)
Departmental action. Where a municipality administers and enforces the code, the department shall decide petitions for variance and shall mail notification to the municipality and the applicant within 5 business days after receipt of the application and municipal recommendation. Where the department enforces the code, the department shall decide petitions for variance within 15 business days after receipt of the application and fees.
SPS 320.19 History
History: Cr.
Register, November, 1979, No. 287, eff. 6-1-80; am.
Register, November, 1995, No. 479, eff. 12-1-95; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1996, No. 490; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 320.20
SPS 320.20 Municipal variance from the code. Any municipality exercising or intending to exercise jurisdiction under this code may apply to the department for a variance permitting the municipality to adopt an ordinance not in conformance with this code. The department shall review and make a determination on a municipal request to adopt an ordinance not in conformance with this code within 60 business days of receipt of the request.
SPS 320.20(1)
(1)
Application for variance. The department may grant an application only under the following circumstances:
SPS 320.20(1)(a)
(a) The municipality has demonstrated that the variance is necessary to protect the health, safety or welfare of individuals within the municipality because of specific climate or soil conditions generally existing within the municipality.
SPS 320.20(1)(b)
(b) The municipality has demonstrated that the granting of the variance, when viewed both individually and in conjunction with other variances requested by the municipality, does not impair the statewide uniformity of this code.
SPS 320.20(2)
(2)
Departmental inquiry. Prior to making a determination, the department shall solicit within the municipality and consider the statements of any interested persons as to whether or not said application should be granted.
SPS 320.20(3)
(3)
Appeals. Any municipality aggrieved by the denial of an application may appeal the determination in accordance with the procedure set out in s.
101.02 (6) (e) to
(i) and
(8), Stats. The department shall review and make a determination on an appeal of denial of a municipal request to adopt an ordinance not in conformance with this code within 60 business days of receipt of the appeal.
SPS 320.20(4)
(4)
Uniformity. This section shall be strictly construed in accordance with the goal of promoting statewide uniformity.
SPS 320.20 History
History: Cr.
Register, November, 1979, No. 287, eff. 6-1-80; am. (intro.) and (3),
Register, February, 1985, No. 350, eff. 3-1-85.
SPS 320.21
SPS 320.21 Appeals of orders, determinations, and for extension of time. SPS 320.21(1)(1)
Appeals of orders and determinations by a municipality exercising jurisdiction. Appeals of order or determination of a municipality exercising jurisdiction under this code, including denials of application for permits, shall be made in accordance with the procedure set out in ch.
68, Stats., prior to making an appeal to the department, except as follows:
SPS 320.21(1)(a)
(a) Appeals of final determinations by a municipality exercising jurisdiction. Appeals of final determination by municipalities shall be made to the department after the procedures prescribed in ch.
68, Stats., have been exhausted. All appeals to the department shall be in writing stating the reason for the appeal. All appeals shall be filed with the department within 10 business days of the date the final determination is rendered under ch.
68, Stats. The department shall render a written decision on all appeals within 60 business days of receipt of all calculations and documents necessary to complete the review.
SPS 320.21 Note
Note: Chapter
68, Stats., provides that municipalities may adopt alternate administrative appeal procedures that provide the same due process rights as ch.
68, Stats. Municipalities having adopted such alternate procedures may follow those alternate procedures.
SPS 320.21(2)
(2)
Appeals of orders and determinations by the department. Appeals of an order of the department made pursuant to the provisions of this code, including denials of application for permits, shall be in accordance with the procedure set out in s.
101.02 (6) (e) to
(i) and
(8), Stats. The department shall review and make a determination on an appeal of an order or determination within 60 business days of receipt of all calculations and documents necessary to complete the review.
SPS 320.21(3)(a)(a) The time for correction of cited orders as set out in s.
SPS 320.10 shall automatically be extended in the event that an appeal of said orders is filed. The extension of time shall extend to the termination of the appeal procedure and for such additional time as the department or municipality administering and enforcing this code may allow.
SPS 320.21(3)(b)
(b) The department or municipality administering and enforcing this code may grant additional reasonable time in which to comply with a violation order.
SPS 320.21(4)
(4)
Appeals of soil erosion control orders by a municipality for cessation of work. SPS 320.21(4)(a)
(a) Appeals of orders for cessation of work issued under s.
SPS 320.10 (4) may be made to the authority issuing the cessation of work order. The authority shall make a determination on such appeal within 3 business days. Determination of appeals by a municipality may be conducted in consultation with the department.
SPS 320.21(4)(b)
(b) Appeals of a final determination by a municipality on cessation of work orders may be made to the department. The department shall issue a final determination on the appeal within 3 business days after receipt of such appeal.
SPS 320.21(4)(c)
(c) If the issuing authority determines the site to be compliant with s.
SPS 321.125, orders shall be rescinded and work may commence.
SPS 320.21 History
History: Cr.
Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (a) and (2),
Register, February, 1985, No. 350, eff. 3-1-85; cr. (4),
Register, September, 1992, No. 441, eff. 12-1-92;
CR 08-043: am. (1) (intro.)
Register March 2009 No. 639, eff. 4-1-09; correction in (4) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2009 No. 639; correction in (3), (4) (a), (c) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 320.22(1)(1)
Violations. No person shall construct or alter any dwelling in violation of any of the provisions of this code.
SPS 320.22(1)(a)
(a) Injunction. When violations occur, the department may bring legal action to enjoin any violations.
SPS 320.22(1)(b)
(b) Ordinances. This code shall not affect the enforcement of any ordinance or regulation, the violation of which occurred prior to the effective date of this code.
SPS 320.22(2)(a)(a) Pursuant to ss.
101.66 and
101.77, Stats., whoever violates this code shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day that the violation continues, after notice, shall constitute a separate offense.
SPS 320.22(2)(b)
(b) Any person violating any rule of this code applying to manufactured homes is subject to the penalties prescribed in s.
101.94 (8), Stats.
SPS 320.22(3)
(3)
Municipal enforcement. Any municipality which administers and enforces this code may provide, by ordinance, remedies and penalties for violation of that jurisdiction exercised under s.
101.65, Stats. These remedies and penalties shall be in addition to those which the state may impose under subs.
(1) and
(2).
SPS 320.22 History
History: Cr.
Register, November, 1979, No. 287, eff. 6-1-80; am. (3),
Register, March, 1992, No. 435, eff. 4-1-92;
CR 06-071: renum. (2) to be (2) (a), cr. (2) (b)
Register December 2006 No. 612, eff. 4-1-07.
SPS 320.24(1)(1)
Consent. Pursuant to s.
227.21 (2), Stats., the attorney general has consented to the incorporation by reference of the standards listed in Tables 320.24-1 to 320.24-13.
SPS 320.24(2)
(2)
Adoption of standards. The standards referenced in Tables 320.24-1 to 320.24-13 are incorporated by reference into this chapter.
SPS 320.24 Note
Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased, or are available for free, through the respective organizations or other information listed in Tables 320.24-1 to 320.24-13.
SPS 320.24(3)(a)(a) Alternate standards that are equivalent to or more stringent than the standards incorporated by reference in this chapter may be used in lieu of incorporated standards when approved by the department or if written approval is issued by the department in accordance with par.
(b).
SPS 320.24(3)(b)1.a.a. Upon receipt of a fee and a written request, the department may issue an approval for the use of the alternate standard.
SPS 320.24(3)(b)1.b.
b. The department shall review and make a determination on an application for approval within 40 business days of receipt of all forms, fees, and documents required to complete the review.
SPS 320.24(3)(b)2.
2. Determination of approval shall be based on an analysis of the alternate standard and the incorporated standard, prepared by a qualified independent third party or the organization that published the incorporated standard.
SPS 320.24(3)(b)3.
3. The department may include specific conditions in issuing an approval, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this code.
SPS 320.24(3)(b)4.
4. If the department determines that the alternate standard is not equivalent to or more stringent than the standards incorporated by reference, the request for approval shall be denied in writing.
SPS 320.24(3)(b)5.
5. The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based. The department may re-examine an approved alternate standard and issue a revised approval at any time.
SPS 320.24 History
History: Cr.
Register, November, 1979, No. 287, eff. 6-1-80; am. (intro.) and (2), cr. (2m) and (2n), r. and recr. (4),
Register, February, 1985, No. 350, eff. 3-1-85; renum. (2m) to be (2k) and am., cr. (2m),
Register, July, 1986, No. 367, eff. 1-1-87; am. (intro.), (1), (2k) and (4), r. (2n), cr. (2p), (2s) and (3m),
Register, January, 1989, No. 397, eff. 2-1-89; am. (intro.), (1), (2), (2k), (2m), (2p), (2s), (3m), (4), (5), cr. (6),
Register, March, 1992, No. 435, eff. 4-1-92; r. and recr.,
Register, November, 1995, No. 479, eff. 12-1-95; r. and recr.,
Register, January, 1999, No. 517, eff. 2-1-99; renum. (1) to (14) to be (4) to (17), r. and recr. (intro.) and cr. (2) and (3),
Register, September, 2000, No. 537, eff. 10-1-00; renum. (1) to be (1) (a), (1) (b) to be (4) (b), (7) (f) to (i) to be (g) to (j), and (j) to (p) to be (L) to (r), cr. (1) (b), (7) (f), and (k), and am. (4) and (12),
Register, March, 2001, No. 543, eff. 4-1-01;
CR 02-077: am. (1) and (2), r. (4) to (17), cr. Tables 20.24-1 to 12
Register May 2003 No. 569, eff. 8-1-03;
CR 08-043: am. Tables 1 to 3 and 6, r. Tables 4 and 10, renum. Tables 5, 7 to 9, 11 and 12 to be Tables 4, 9 to 11, 12 and 13 and am. 9, 10, 12 and 13, cr. Tables 5, 7 and 8
Register March 2009 No. 639, eff. 4-1-09;
EmR0826: emerg. am. (1) and (2), cr. Table 14, eff. 10-1-08;
CR 08-085: am. (1) and (2), cr. Table 14
Register May 2009 No. 641, eff. 6-1-09;
CR 10-089: r. Table 20.24-14
Register January 2011 No. 661, eff. 2-1-11;
CR 11-002: am. Table 20.24-10
Register August 2011 No. 668, eff. 9-1-11; correction in (1), (2), (3) (b) 6. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672; correction in (1), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register August 2014 No. 704;
CR 15-041: am. (1), (2), Table 1, renum. Table 2 to 6m and am., am. Table 3 to 7, r. Table 8, am. Table 10 to 13
Register December 2015 No. 720, eff. 1-1-16.
