STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS # 020-16, was approved by the Governor on March 7, 2016, published in Register No. 723A2 on March 14, 2016, and approved by Department of Safety and Professional Services on October 27, 2016. This emergency rule as approved by the Governor on November 14, 2016. ORDER
An order of the Department of Safety and Professional Services to repeal and recreate SPS 320.09 (2) (a) 2, and to create SPS 320.09 (2) (a) 3 and 4, relating to electronic building permits.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Department of Safety and Professional Services finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
Wisconsin Statute §101.63 (7m) requires the Department of Safety and Professional Services to establish an electronic permit process on or before January 2, 2017. The permanent administrative rule process precludes compliance with the statutorily required implementation date. -----------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 227.11 (2) (a), Stats. Authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute. Section 101.63 (intro) and (1) (intro), Stats. Require the Department to adopt rules which establish standards for the inspection of one-and two-family dwellings, and s. 101.63 (5) Stats. which requires the Department to review the rules adopted under this subchapter once every 3 years. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Related statute or rule:
Various other rules promulgated by the Department in ch. SPS 320 address the inspection of one and two-family dwellings. Plain language analysis:
This rule establishes a system which allows a person to electronically submit an application to a municipality for a building permit. It also establishes a system through which a municipality may issue an electronic building permit along with the ability to submit copies of issued building permits to the Department of Safety and Professional Services.
Summary of, and comparison with, existing or proposed federal regulation:
The federal government has regulations for applications for permits and issuance of building permits for one and two-family dwellings when the dwelling is part of the Housing and Urban Development (HUD) project. Provisions for permit applications allow for electronic applications.
