(b) Upon a finding of noncompliance for an inspection under sub. (3) or (4), the municipality or authorized UDC inspection agency enforcing this code shall notify the applicant of record and the owner, in writing, of the violations to be corrected.
(c) The municipality or authorized UDC inspection agency shall order all cited violations corrected within 30 days after written notification, unless an extension of time is granted under s. SPS 327.18.
(6) Voluntary inspection. The department or its authorized representative may, at the request of the owner, enter and inspect camping units, subject to the provisions of this code, to ascertain compliance with this code.
(7) Record keeping.
(a) Municipal enforcement. Municipalities that have adopted an ordinance to enforce this code shall maintain records in accordance with all of the following:
1. A record shall be made of each visit to a site, each inspection performed and the pass or fail results of each inspection.
2. Application forms, correction orders, correspondence and inspection records shall be maintained for 7 years after completion of the camping unit.
(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.
Note: Records generated by an inspection are public records and are subject to the open-records law.
SPS 327.12 Approval procedures.
(1) Wisconsin insignia. (a) Upon a finding of compliance under s. SPS 327.11 (5) (a), the municipality shall issue a Wisconsin insignia to the owner of the camping unit. (b) At the request of the owner of a camping unit that is exempt from the provisions of this code under s. SPS 327.05 (1), the municipality shall issue a Wisconsin pre-existing insignia to the owner of the camping unit. A pre-existing insignia shall contain the following language: “Unit was constructed before code’s eff. date.” (c) Wisconsin insignias shall be purchased by municipalities from the department in accordance with the fee established in s. SPS 302.34. The owner of the camping unit shall affix the Wisconsin insignia to the camping unit as provided in sub. (4).
(2) Unit identification. Each camping unit shall be assigned a serial number. The serial number shall be located on the Wisconsin insignia.
(3) Lost or damaged insignia. (a) Notification. If a Wisconsin insignia becomes lost or damaged or is no longer in use, the owner of the camping unit shall immediately notify the municipality in writing.
(b) Return of damaged insignias. If a Wisconsin insignia becomes damaged, the owner of the camping unit shall return the insignia to the municipality with the appropriate fee to obtain a new insignia.
(4) Affixing Wisconsin insignias. Each Wisconsin insignia shall be affixed to a specific camping unit in an overt location on the outside or inside of the camping unit. If the Wisconsin insignia is issued under sub. (1) (a), the camping unit may not be occupied until the Wisconsin insignia has been affixed as provided in this subsection.
(5) Insignia records. (a) Municipality’s insignia records. The municipality shall keep permanent records regarding the handling of all Wisconsin insignias indicating the following:
1. The number of Wisconsin insignias affixed to camping units.
2. Which Wisconsin insignia has been applied to which camping unit.
3. The disposition of any damaged or rejected Wisconsin insignias.
4. The location and custody of all unused Wisconsin insignias.
(b) Retention of insignia records. The records under par. (a) shall be maintained by the municipality for at least 10 years. A copy of the records shall be sent to the department upon request.
SPS 327.13 Suspension or revocation of Wisconsin camping unit building permit.
(1) (a) The municipality or the registered UDC inspection agency administering and enforcing this code may suspend or revoke any Wisconsin camping unit 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.
(b) No construction may take place on the camping unit after suspension or revocation of the permit.
(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 327.18.
SPS 327.14 Effect of suspension and revocation.
(1) Bearing of insignia. Upon suspension or revocation under s. SPS 327.13, the camping unit shall not be entitled to bear the Wisconsin insignia and the camping unit may not be occupied unless the municipality has inspected, or caused to be inspected, such camping unit and is satisfied that all requirements for approval have been met. (2) Return of insignias. The owner shall return to the municipality a Wisconsin insignia assigned to a camping unit no later than 30 days from the effective date of any suspension or revocation under s. SPS 327.13 . SPS 327.15 Approval of products.
(1) Voluntary approval. (a) Materials, equipment and products regulated by this code may receive a written approval from the department indicating code compliance.
(b) 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 this code.
2. Tests, compilation of data, and calculations for materials, equipment and products shall be conducted by a qualified independent third party.
(2) Alternate approval. (a) Materials, equipment and products, including experimental materials, equipment, and products, which meet the intent of this code and which are not approved under sub. (1) shall be permitted if approved in writing by the department.
(b) 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 this code.
2. Tests, compilation of data, and calculations for materials, equipment, and products shall be conducted by a qualified independent third party.
(3) Review, approval and revocation processes.
(a) 1. Upon receipt of a fee and a written request, the department may issue an approval for a material, equipment, or product.
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.
3. For voluntary and alternate approvals, a determination shall be made within 40 business days of receipt of all required materials.
(b) 1. The department may include specific conditions in issuing an approval, including an expiration date for the approval.
2. Violations of the conditions under which an approval is issued shall constitute a violation of this code.
(c) If the department determines that the material, equipment, or product does not comply with this code or the intent of this code, the request for approval shall be denied in writing.
(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.
(e) 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.
2. The department may re-examine an approved material, equipment, or product and issue a revised approval at any time.
(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.
(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.
(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.
(4) Ungraded or used materials.
(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.
(b) The department or the municipality enforcing this code may require tests in accordance with sub. (1) or (2).
SPS 327.16 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.
(1) Application for variance. Application for a petition for variance shall be made on a form furnished by the department. 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:
(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.
(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.
Note: A copy of the petition for variance form, SBD-9890, is contained in ch. SPS 325 Appendix A.
(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:
(a) Inspections performed on the property.
(b) The issuance of correction orders on the property.
(c) An assessment of the overall impact of the variance on the municipality.
Note: A copy of the municipal recommendation form, SBD-9890, is contained in ch. SPS 325 Appendix A.
(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.
(4) Appeals. A person or municipality may appeal the determination of the department in the manner set out in s. 101.02 (6) (e) to (i) and (8), Stats.
SPS 327.17 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.
(1) Application for variance. The department may grant an application only under the following circumstances:
(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.
(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.
(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.
(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.
(4) Uniformity. This section shall be strictly construed in accordance with the goal of promoting statewide uniformity.
SPS 327.18 Appeals of orders, determinations, and for extension of time.
(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 provided in sub. (2).
(2) Appeals of final determinations by a municipality exercising jurisdiction. Appeals of final determinations 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.
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.
(3) Appeals of orders and determinations by the department. Appeals of orders or determinations 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.
(4) Extensions of time.
(a) The time for correction of cited orders as set out in s. SPS 327.11 shall automatically be extended in the event that an appeal of the orders is filed. The extension of time shall extend to the termination of the appeal procedure and for additional time as the department or municipality administering and enforcing this code may allow.
(b) The department or municipality administering and enforcing this code may grant additional reasonable time in which to comply with a violation order.
SPS 327.19 Adoption of standards.
(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 327.19-1 to 327.19-7.
(2) Adoption of standards. The standards referenced in Tables 327.19-1 to 327.19-7 are incorporated by reference into this chapter.
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 327.19-1 to 327.19-7.
(3) Alternate standards.
(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).
(b) 1.
a. Upon receipt of a fee and a written request, the department may issue an approval for the use of the alternate standard.
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.
