SPS 327.11(5)(a)(a) Upon a finding of compliance for an inspection under
sub. (4), the municipality shall assign a Wisconsin insignia to the owner of the camping unit as provided in
s. SPS 327.12 (1).
SPS 327.11(5)(b)
(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.
SPS 327.11(5)(c)
(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.
SPS 327.11(6)
(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.
SPS 327.11(7)(a)(a)
Municipal enforcement. Municipalities that have adopted an ordinance to enforce this code shall maintain records in accordance with all of the following:
SPS 327.11(7)(a)1.
1. A record shall be made of each visit to a site, each inspection performed, and the pass or fail results of each inspection.
SPS 327.11(7)(a)2.
2. Application forms, correction orders, correspondence and inspection records shall be maintained for 7 years after completion of the camping unit.
SPS 327.11(7)(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 327.11 Note
Note: Records generated by an inspection are public records and are subject to the open-records law.
SPS 327.11 History
History: EmR1703: emerg. cr., eff. 2-6-17;
CR 17-017: cr.
Register March 2018 No. 747, eff. 4-1-18.
SPS 327.12(1)(b)
(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.”
SPS 327.12(1)(c)
(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).
SPS 327.12(2)
(2) Unit identification. Each camping unit shall be assigned a serial number. The serial number shall be located on the Wisconsin insignia.
SPS 327.12(3)(a)(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.
SPS 327.12(3)(b)
(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.
SPS 327.12(4)
(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.
SPS 327.12(5)(a)(a)
Municipality's insignia records. The municipality shall keep permanent records regarding the handling of all Wisconsin insignias indicating the following:
SPS 327.12(5)(b)
(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 327.12 History
History: EmR1703: emerg. cr., eff. 2-6-17;
CR 17-017: cr.
Register March 2018 No. 747, eff. 4-1-18.
SPS 327.13
SPS 327.13 Suspension or revocation of Wisconsin camping unit building permit. SPS 327.13(1)(a)
(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.
SPS 327.13(1)(b)
(b) No construction may take place on the camping unit after suspension or revocation of the permit.
SPS 327.13(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 327.18.
SPS 327.13 History
History: EmR1703: emerg. cr., eff. 2-6-17;
CR 17-017: cr.
Register March 2018 No. 747, eff. 4-1-18.
SPS 327.14
SPS 327.14 Effect of suspension and revocation. SPS 327.14(1)(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.
SPS 327.14(2)
(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 327.14 History
History: EmR1703: emerg. cr., eff. 2-6-17;
CR 17-017: cr.
Register March 2018 No. 747, eff. 4-1-18.
SPS 327.15(1)(a)(a) Materials, equipment and products regulated by this code may receive a written approval from the department indicating code compliance.
SPS 327.15(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 this code.
SPS 327.15(1)(b)2.
2. Tests, compilation of data, and calculations for materials, equipment and products shall be conducted by a qualified independent third party.
SPS 327.15(2)(a)(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.
SPS 327.15(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 this code.
SPS 327.15(2)(b)2.
2. Tests, compilation of data, and calculations for materials, equipment, and products shall be conducted by a qualified independent third party.
SPS 327.15(3)(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 327.15(3)(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 327.15(3)(a)3.
3. For voluntary and alternate approvals, a determination shall be made within 40 business days of receipt of all required materials.
SPS 327.15(3)(b)1.1. The department may include specific conditions in issuing an approval, including an expiration date for the approval.
SPS 327.15(3)(b)2.
2. Violations of the conditions under which an approval is issued shall constitute a violation of this code.
SPS 327.15(3)(c)
(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.
SPS 327.15(3)(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 327.15(3)(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 327.15(3)(e)2.
2. The department may re-examine an approved material, equipment, or product and issue a revised approval at any time.
SPS 327.15(3)(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 327.15(3)(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 327.15(3)(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 327.15(4)(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 327.15(4)(b)
(b) The department or the municipality enforcing this code may require tests in accordance with
sub. (1) or
(2).
SPS 327.15 History
History: EmR1703: emerg. cr., eff. 2-6-17;
CR 17-017: cr.
Register March 2018 No. 747, eff. 4-1-18.
SPS 327.16
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.
SPS 327.16(1)
(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:
SPS 327.16(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 327.16(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 327.16 Note
Note: A copy of the petition for variance form, SBD-9890, is contained in ch.
SPS 325 Appendix A.
SPS 327.16(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 327.16(2)(c)
(c) An assessment of the overall impact of the variance on the municipality.
SPS 327.16 Note
Note: A copy of the municipal recommendation form, SBD-9890, is contained in ch.
SPS 325 Appendix A.
SPS 327.16(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 327.16 History
History: EmR1703: emerg. cr., eff. 2-6-17;
CR 17-017: cr.
Register March 2018 No. 747, eff. 4-1-18.
SPS 327.17
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.
SPS 327.17(1)
(1) Application for variance. The department may grant an application only under the following circumstances:
SPS 327.17(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 327.17(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 327.17(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 327.17(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.
