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SPS 361.48(2) (2)Investigation and notification. The department may investigate alleged violations on its own initiative or upon the filing of a complaint. If the department determines that no further action is warranted, it shall notify the complainant and the respondent, and the municipality, if applicable. If the department determines that there is probable cause, it shall order a hearing and notify the complainant and the respondent, and the municipality, if applicable.
SPS 361.48(3) (3)Mailing. Unless otherwise provided by law, all orders, notices, and other papers shall 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 361.48(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 361.48(5) (5)Conciliation agreement prior to hearing. If the department and the respondent are able to reach agreement on the disposition of a complaint prior to a hearing, such agreement shall be transmitted in writing to the secretary. Until the agreement has been accepted by the secretary, it is not considered a waiver of any defense, nor is it considered an admission of any fact, and is not binding upon any party until signed by all parties.
SPS 361.48(6) (6)Hearings.
SPS 361.48(6)(a)(a) Subpoenas; witness fees. The department or the clerk of any court of record shall sign and issue subpoenas. The respondent shall pay the witness fees and mileage of the witnesses subpoenaed on behalf of the department at the rate prescribed for witnesses in circuit court.
SPS 361.48(6)(b) (b) Conduct of hearings. All hearings shall be conducted in accordance with s. 101.02, Stats.
SPS 361.48(7) (7)Findings. The department shall make findings and enter its order in accordance with s. 101.02, Stats. The findings and order shall be in writing and shall be binding unless appealed.
SPS 361.48(8) (8)Appeal arguments. Appeal arguments shall be submitted to the department in writing in accordance with s. 101.02, Stats., unless otherwise ordered. The department shall review and make a determination on an appeal of notification of suspension or revocation of approval in accordance with s. 101.02, Stats.
SPS 361.48 History History: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18.
SPS 361.485 SPS 361.485 Effect of suspension and revocation.
SPS 361.485(1)(1) Bearing of insignia. Upon suspension or revocation by the department of the approval of any manufactured modular multifamily dwelling or manufactured building component, the manufacturer may not attach a Wisconsin insignia to any modular multifamily dwelling or building component manufactured for which the approval was suspended or revoked. Upon the expiration date of the suspension or revocation, the manufacturer may resume the attachment of insignias to the dwelling or building component manufactured after the date approval is reinstated. If any dwelling or building component was manufactured during the period of suspension or revocation, the manufacturer may not attach the Wisconsin insignia unless the department has inspected, or caused to be inspected, the manufactured modular multifamily dwelling or manufactured building component and is satisfied that all requirements for certification have been met.
SPS 361.485(2) (2)Return of insignias. The manufacturer shall return to the department all insignias allocated for a manufactured modular multifamily dwelling or manufactured building component no later than 30 days from the effective date of any suspension or revocation of the approval by the department. The manufacturer shall also return to the department all insignias that it determines are no longer needed.
SPS 361.485 History History: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18.
subch. VI of ch. SPS 361 Subchapter VI — Product and Standard Review and Approval
SPS 361.50 SPS 361.50 Building product approvals.
SPS 361.50(1) (1) Voluntary approval.
SPS 361.50(1)(a)(a) Materials, equipment, and products regulated under chs. SPS 361 to 366 may receive a written approval from the department indicating code compliance.
SPS 361.50(1)(b)1.1. Approval of materials, equipment, and products shall be based on sufficient data, tests, and other evidence that prove the material, equipment, or product is in compliance with the standards specified in chs. SPS 361 to 366.
SPS 361.50(1)(b)2. 2. Tests, compilation of data, and calculations shall be conducted by a qualified independent third party.
SPS 361.50(2) (2)Alternate approval.
SPS 361.50(2)(a)(a) Materials, equipment, and products that meet the intent of chs. SPS 361 to 366 and which are not approved under sub. (1) shall be permitted if approved in writing by the department.
SPS 361.50(2)(b)1.1. Approval of materials, equipment, and products shall be based on sufficient data, tests, and other evidence that prove the material, equipment, or product meets the intent of the standards specified in chs. SPS 361 to 366.
SPS 361.50(2)(b)2. 2. Tests, compilation of data, and calculations shall be conducted by a qualified independent third party.
SPS 361.50(3) (3)Experimental approval.
SPS 361.50(3)(a)(a) The department may allow use of an experimental material, equipment, or product for the purpose of proving compliance with the intent of chs. SPS 361 to 366.
SPS 361.50(3)(b) (b) The department may require the submission of any information deemed necessary for review.
SPS 361.50(3)(c) (c) The department may limit the number of applications it will accept for approval of experimental materials, equipment or products.
SPS 361.50(3)(d) (d) Installations of a material, equipment or product under an experimental approval shall comply with all of the following:
SPS 361.50(3)(d)1. 1. Plans detailing the installation for each project where the experimental material, equipment or product is to be used shall be submitted to the department in accordance with s. SPS 361.31.
SPS 361.50(3)(d)2. 2. A copy of the experimental approval shall be attached to the submitted plans and approved plans.
SPS 361.50(3)(d)3.a.a. A letter of consent from the owner of the project shall be attached to the submitted plans and approved plans.
SPS 361.50(3)(d)3.b. b. The letter shall acknowledge that the owner has received and read a copy of the experimental approval and is in compliance with all conditions of the approval.
SPS 361.50(3)(d)4. 4. If a supervising professional is not required for the project by s. SPS 361.40, a person responsible for construction of the project shall be designated in writing by the owner.
SPS 361.50(3)(d)5. 5. The supervising professional or person designated as responsible for the construction of the project shall, upon completion of construction, certify in writing to the department that the installation is in compliance with the experimental approval, approved plans, specifications and data.
SPS 361.50(3)(e)1.1. Any onsite inspections shall be performed by the department, or other person approved by the department, at time intervals as specified by the department, but not less than once a year. An inspection report shall be written.
SPS 361.50(3)(e)2. 2. The department may assess a fee for each inspection.
SPS 361.50(3)(f) (f) Five years and 6 months after the date of the completed installation, the department shall order the removal of the experimental material, equipment or product, or issue an approval for the material, equipment or product.
SPS 361.50(3)(g) (g) Paragraphs (e) and (f) do not apply to an experimental system if chs. SPS 361 to 366 are revised to include or enable the experimental system to conform to the intent of chs. SPS 361 to 366.
SPS 361.50(4) (4)Review, approval and revocation processes.
SPS 361.50(4)(a)1.1. Upon receipt of a fee and a written request, the department may issue an approval for a material, equipment or product.
SPS 361.50(4)(a)2. 2. The department shall review and make a determination on an application for approval after receipt of all forms, fees, plans and information required to complete the review.
SPS 361.50(4)(a)3. 3. For voluntary and alternate approvals, a determination shall be made within 40 business days of receipt of all required materials.
SPS 361.50(4)(a)4. 4. For an experimental approval, the determination shall be made within 6 months of receipt of all required materials.
SPS 361.50(4)(b)1.1. The department may include specific conditions in issuing an approval, including an expiration date for the approval.
SPS 361.50(4)(b)2. 2. Violations of the conditions under which an approval is issued shall constitute a violation of chs. SPS 361 to 366.
SPS 361.50(4)(c) (c) If the department determines that the material, equipment, or product does not comply with chs. SPS 361 to 366 or the intent of chs. SPS 361 to 366, or that an experimental approval will not be issued, the request for approval shall be denied in writing.
SPS 361.50(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 361.50(4)(e)1.1. The department may revoke or deny an approval for any false statements or misrepresentations of relevant facts or data, unacceptability of a third party that provided any information on which the approval was based, or as a result of material, equipment or product failure.
SPS 361.50(4)(e)2. 2. The department may reexamine an approved material, equipment or product and issue a revised approval at any time.
SPS 361.50(4)(f) (f) The department may revoke an approval if the department determines that the material, equipment, or product does not comply with chs. SPS 361 to 366 or the intent of chs. SPS 361 to 366 due to a change in the code or department interpretation of the code.
SPS 361.50(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 361.50(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 361.50(5) (5)Ungraded or used products.
SPS 361.50(5)(a)1.1. Except as provided in subd. 2., ungraded or used building products may be used or reused as long as the materials possess the essential properties necessary to achieve the level of performance required by chs. SPS 361 to 366 for the intended use.
SPS 361.50(5)(a)2. 2. Ungraded or used products may not be utilized, if specifically prohibited under a specific referenced standard.
SPS 361.50(5)(b) (b) The department or the municipality enforcing chs. SPS 361 to 366 may require tests in accordance with sub. (1) or (2). Approval for use of ungraded or used materials may be issued under this section or may be issued for a specific project under s. SPS 361.31.
SPS 361.50 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: renum. from Comm 61.60 and am. (3) (d) 4. Register December 2004 No. 588, eff. 1-1-05; correction in (3) (d) 1., 4., (4) (h), (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 16-094: am. (1) (a), (b) 1., (2) (a), (b) 1., (3) (a), (g), (4) (b) 2., (c), (f), (5) (a) 1., (b), Register April 2018 No. 748 eff. 5-1-18.
SPS 361.51 SPS 361.51 Alternate standards and model building codes.
SPS 361.51(1)(1) Alternate standards or model building codes that are equivalent to or more stringent than the standards or model building codes referenced in chs. SPS 361 to 366 may be used in lieu of the referenced standards or model building codes when approved by the department or if written approval is issued by the department in accordance with sub. (2), or as allowed for alternate model building codes under sub. (8).
SPS 361.51(2)(a)(a) Except as provided in sub. (8), the department may issue an approval for the use of the alternate standard or model building code upon written request and receipt of a fee in accordance with s. SPS 302.31.
SPS 361.51(2)(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 361.51(3) (3) Determination of approval shall be based on an analysis of the alternate standard and the standard or model building code referenced in chs. SPS 361 to 366, prepared by a qualified independent third party or the organization that published the standard or model building code contained in chs. SPS 361 to 366.
SPS 361.51(4) (4) 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 chs. SPS 361 to 366.
SPS 361.51(5) (5) If the department determines that the alternate standard is not equivalent to or more stringent than the referenced standard, the request for approval shall be denied in writing.
SPS 361.51(6) (6) The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based.
SPS 361.51(7) (7) The department may reexamine an approved alternate standard and issue a revised approval at any time.
SPS 361.51(8)(a)(a) An owner or a design professional may use a more recent edition of a model building code adopted in s. SPS 361.05 in lieu of the referenced model building code if all of the following apply:
SPS 361.51(8)(a)1. 1. The title and edition of the alternate model building code is identified in plan documents as required under s. SPS 361.31 (2) (e) 3.
SPS 361.51(8)(a)2. 2. The model building code is used in its entirety, including any standards referenced in the more recent edition.
SPS 361.51(8)(b) (b) A plan that includes the use of an alternate model building code submitted for plan review under this subsection is exempt from fee and approval requirements under subs. (2) to (7) and petition for variance requirements under s. SPS 361.22.
SPS 361.51(8)(c) (c) Nothing in this subsection shall be interpreted to allow a municipality, county, or the department to require or otherwise compel an owner or design professional to use a more recent edition of a model building code than the edition adopted under s. SPS 361.05, nor shall this subsection be interpreted to authorize a municipality or county to adopt a more recent edition of a model building code than the model building code adopted under s. SPS 361.05.
SPS 361.51 Note Note: Nothing in this subsection is intended to prohibit a municipality from contracting with a third-party inspection agency to perform plan review for plans submitted using alternate model building codes.
SPS 361.51 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; reprinted to correct omission of (5) Register November 2002 No. 563; CR 04-016: renum. from Comm 61.61 Register December 2004 No. 588, eff. 1-1-05; CR 16-094: am. (title), (1), (2) (a), (3), (4), cr. (8) Register April 2018 No. 748 eff. 5-1-18.
subch. VII of ch. SPS 361 Subchapter VII — First Class City and Certified Municipality Approvals
SPS 361.60 SPS 361.60 Certified municipalities and counties.
SPS 361.60(1)(1) General. This section establishes the manner under which cities, villages, towns and counties may examine building plans and inspect buildings under s. 101.12 (3) (a), (am), (b) and (g), Stats.
SPS 361.60(2) (2)Conditions of participation.
SPS 361.60(2)(a)(a) Before assuming the responsibilities of examining building plans and providing inspection services, cities, villages, towns and counties shall comply with all of the following:
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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.