Alert! This chapter may be affected by an emergency rule:
Subchapter V — Material Approvals and Petitions
SPS 302.51   Material approvals.
SPS 302.52   Petitions for variance.
Subchapter VI — Building Water Systems
SPS 302.61   Miscellaneous inspections, reviews and services.
SPS 302.635   Lot restriction waivers.
SPS 302.64   Plumbing systems.
SPS 302.645   Cross connection control assemblies.
SPS 302.65   Private onsite wastewater treatment systems.
SPS 302.66   Product and standard approvals.
SPS 302.67   Sanitary permits.
SPS 302.675   Privy registrations.
SPS 302.68   Public swimming pool and water attraction plan review and inspection fees.
Ch. SPS 302 Note Note: Chapter Ind 69 as it existed on June 30, 1992 was repealed and a new chapter ILHR 2 was created effective July 1, 1992. Chapter ILHR 2 was renumbered Comm 2 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2) (b) 6. and 7., Stats., Register, October, 1996, No. 490. Corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1997, No. 494; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1999, No. 518. Chapter Comm 2 was renumbered chapter SPS 302 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 302 Subchapter I — Miscellaneous
SPS 302.001 SPS 302.001Scope. The fees established in this chapter shall be paid to the Wisconsin department of safety and professional services, for providing those services authorized in the Wisconsin Statutes. The divisions may withhold providing services to individuals who have past due accounts with the division.
SPS 302.001 Note Note: All checks or money orders are to be made payable to Wisconsin department of safety and professional services.
SPS 302.001 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; correction made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.
SPS 302.02 SPS 302.02Handling, copying and miscellaneous fees.
SPS 302.02(1)(1)Handling fees.
SPS 302.02(1)(a)(a) The department may charge a handling fee, determined at $30.00 per hour, with a minimum fee of $30.00, in addition to any other fee provided in this chapter, to offset administrative costs.
SPS 302.02(1)(b) (b) A handling fee of $60.00 per plan shall be charged to the submitting party for any plan which is submitted to the department, entered into the department's plan system and, then, requested to be returned by the submitting party prior to review. This fee does not apply to building plan components, other than the original building or heating and ventilation plan noted in s. SPS 302.31 (1) (a), submitted after the original plan submittal.
SPS 302.02(2) (2)Photocopying fees. A photocopying fee of $0.30 per page may be charged.
SPS 302.02(3) (3)Plan reproduction fees. A fee of $6.00 per plan sheet shall be charged to the submitting party for plan reproduction on plan sheets larger than legal size. Plan sheets at or smaller than legal size may be charged the normal photocopying fee.
SPS 302.02(4) (4)Plan approval — additional sets. A maximum of 5 sets of plans shall be stamped approved without additional fees being charged. Upon request, additional sets of plans identical to previously approved plans shall be stamped approved upon receipt of a $25.00 fee per plan.
SPS 302.02 Note Note: The 5 sets include the one set retained by the department.
SPS 302.02(5) (5)Fee for extension of plan approval. The examination fee for a plan previously approved by the department for which an approval extension is requested shall be $120.00 per plan.
SPS 302.02(6) (6)Mailing lists. The fee for mailing lists shall be $30.00 for the first 1,000 names and $6.00 for each 1,000 names thereafter. This fee shall be doubled, if gummed labels are requested.
SPS 302.02(7) (7)Computer information. Information from computer files is available for the costs incurred in generating the data requested.
SPS 302.02(8) (8)Inspection and copying of files, plans and specifications. The department shall allow inspection and copying of all files and plans, specifications and related materials filed with the department, except as follows:
SPS 302.02(8)(a) (a) The department may restrict, on a case by case basis, the right of inspection or copying of files and plans, specifications and related materials where the possible harm to the public interest outweighs the benefits of inspection or copying for the following types of buildings and facilities:
SPS 302.02(8)(a)1. 1. Banks, savings and loans, credit unions, securities dealers and other types or parts of buildings where large sums of money, negotiable securities or valuables are stored in secured areas;
SPS 302.02(8)(a)2. 2. Jails and other correctional institutions;
SPS 302.02(8)(a)3. 3. Public facilities regularly used for the storage or evaluation of evidence in criminal proceedings;
SPS 302.02(8)(a)4. 4. Armories;
SPS 302.02(8)(a)5. 5. Public broadcasting facilities;
SPS 302.02(8)(a)6. 6. Power generating facilities;
SPS 302.02(8)(a)7. 7. Museums and libraries; and
SPS 302.02(8)(a)8. 8. Noncommercial storage tanks which store heating oil for consumptive use on the premises.
SPS 302.02(8)(a)9. 9. Buildings that are or are anticipated to be owned by or leased to the state.
SPS 302.02(8)(b) (b) The department shall allow inspection or copying of files and plans, specifications and related materials of all buildings in response to lawful subpoena or written requests from law enforcement agencies.
SPS 302.02(8)(c) (c) Prior to any inspection or copying of files and plans, specifications and related materials, a written, signed application shall be obtained from the person requesting the inspection or copying. The application shall contain a general description of the files or premises for which inspection or copying is requested and the full name, address and telephone number of the requester. The written request shall contain a statement that any information obtained from the inspection or copying shall not be used for any unlawful purpose or unfair competitive practice, and that the information set out therein is true and correct. The department will consider the information supplied in the request in conjunction with the type of buildings noted in par. (a) in determining whether the request for inspection or copying shall be granted. The department may transmit a copy of this statement to the owner and submitter of the documents being inspected or copied.
SPS 302.02(8)(d) (d) The department may charge a reasonable amount to defray its costs in providing copies.
SPS 302.02 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (1) (a), r. and recr. (4), cr. (4m), Register, July, 2000, No. 535, eff. 9-1-00; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 05-038: r. (7), cr. (8) (a) 9. Register October 2005 No. 598, eff. 11-1-05; CR 08-039: am. (1) to (4), renum. (4m) to (6) to be (5) to (7) and am. (5) and (6) Register November 2008 No. 635, eff. 12-1-08; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 302.04 SPS 302.04Miscellaneous plan reviews, inspections and services.
SPS 302.04(1) (1)Miscellaneous plan reviews. Unless specified otherwise in this chapter, the fee for department costs incurred in performing miscellaneous plan reviews shall be $80.00 per hour per plan, with a minimum fee of $80.00 per plan.
SPS 302.04(2) (2)Miscellaneous inspections and investigations. Unless specified otherwise in this chapter, fees for department costs incurred in performing miscellaneous inspections or investigations, including special inspections for alterations, fabrication, repairs, testing, electrical construction and quality assurance methods, which are either provided on request or to satisfy administrative code requirements, shall be determined and assessed in accordance with Table 302.04. An additional amount may be charged to cover all expenses, including travel time, mileage, meals and lodging. Travel expenses shall be limited to those allowed under ss. 16.53 and 20.916, Stats., and collective bargaining agreements. - See PDF for table PDF
SPS 302.04(3) (3)Minimum charge. In reference to Table 302.04 lines 1. and 2., a minimum charge of 4 hours shall be assessed for all special inspections required during fabrication and testing of ASME code items.
SPS 302.04(4) (4)Miscellaneous goods and services. The department may collect a fee for providing goods and services related to work that has been delegated by the department to authorized agents, municipalities or other state agencies based upon actual cost.
SPS 302.04(5) (5)Inspection assessments. The department may inspect any installation which is also inspected by a certified inspector. When the department inspection confirms that the inspection report is incomplete, invalid or unacceptable, the department shall assess the inspector or his or her employer a fee determined in accordance with sub. (2).
SPS 302.04 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (1), r. and recr. (2), cr. (2m), Register, July, 2000, No. 535, eff. 9-1-00; CR 05-025: renum. Comm 2.16 to be (4) and am. Register October 2005 No. 598, eff. 11-1-05; CR 08-039: am. (1) and Table 2.04, renum. (2m) to (4) to be (3) to (5) and am. (3) Register November 2008 No. 635, eff. 12-1-08; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 302.06 SPS 302.06Fee assessment and collection.
SPS 302.06(1)(1)Assessment. Unless specified otherwise in this chapter, registration, inspection and all other fees in this chapter shall be paid annually before registration is processed by the department.
SPS 302.06(2) (2)Collection. All fees not paid within 60 calendar days after the first invoice date may be assessed a late payment fee equal to one percent per month of the outstanding balance.
SPS 302.06(3) (3)Monthly billing service. Upon request and advance approval, the department may bill for services rendered on a monthly basis rather than requiring payment on an individual fee basis. Advance approval shall be obtained from the director in charge of the affected program. The decision to grant the request shall be based on the applicant's past record of paying for the service, the credit rating from a recognized credit organization or a letter of financial reference concerning loan and account information from a financial institution.
SPS 302.06(4) (4)Charge card. The department may accept fee payment by electronic payment.
SPS 302.06 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am (2), r. Table 2.06, Register, July, 2000, No. 535, eff. 9-1-00; CR 08-039: am. (4) Register November 2008 No. 635, eff. 12-1-08.
SPS 302.07 SPS 302.07Fee refunds.
SPS 302.07(1) (1)General. If a request for a permit, for which a fee is paid and a processing time is specified, is not processed by the department within the time specified, a refund of 50% of the fee paid shall be made to the person who paid for the request for the permit.
SPS 302.07(2) (2)Definitions. The following definitions shall apply in this section:
SPS 302.07(2)(a) (a) “Fee" means the amount of money paid for a single permit or request for service, but does not mean the total amount of money which may be submitted with an application covering more than one permit or request for service.
SPS 302.07(2)(b) (b) “Permit" includes an examination of plans, initial permit to operate, registration of a device, approval of a material or product, shaft excavation permit, petition for variance, permission to start construction, rental unit certificate of compliance, priority review and petition, and underground tank registration and use permit, but does not include any inspection services.
SPS 302.07(3) (3)Processing time.
SPS 302.07(3)(a)(a) Starting date. When an appointment process exists for a specific type of permit, the permit processing time shall begin on the appointment date. When an appointment process does not exist for a specific type of permit, the permit processing time shall begin on the day after receipt of the request for the permit whether submitted by mail or in person. When the department finds a permit application has been submitted with inadequate information or fees, the application will be placed on hold and the department will notify the applicant of the information needed to process the application. Upon receipt of the complete information, the department will process the permit, except that the length of the processing time shall start over and the processing time shall begin the day after the receipt of the additional information or fees.
SPS 302.07(3)(b) (b) Ending date. The ending date which shall be used to assess whether the permit was processed within the time period specified shall be the date the department actually made a determination to approve, deny or withhold the permit, and not the date on the correspondence noting the action or the date the permit was mailed out.
SPS 302.07 Note Note: The specific processing times for various permits may be found in the respective chapters where the permits are required.
SPS 302.07(4) (4)Determination.
SPS 302.07(4)(a)(a) The starting and the ending dates recorded on the computer record or individual file shall be the dates used to assess whether a refund is to be made.
SPS 302.07(4)(b) (b) The initial determination as to whether the permit was processed within the time period specified shall be made by the director of the bureau responsible for issuing the permit.
SPS 302.07(4)(c) (c) Determinations subject to dispute shall be forwarded to the division administrator for a final determination.
SPS 302.07(5) (5)Payment of refund fees.
SPS 302.07(5)(a)(a) All refunds made by the department shall be forwarded through the United States postal service.
SPS 302.07(5)(b) (b) Refunds shall be mailed to the person who paid for the request for the permit at the address of record indicated on the department's request for service forms.
SPS 302.07 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (2) (b), Register, October, 1996, No. 490, eff. 11-1-96; am. (2) (b), Register, July, 2000, No. 535, eff. 9-1-00; CR 06-119: am. (3) (a) and (4) (a) Register July 2007 No. 619, eff. 8-1-07.
SPS 302.08 SPS 302.08Waiver of fee assessments. All or a portion of any fee may be waived upon a determination of indigency. Waivers under this section may be granted only by the secretary of the department.
SPS 302.08 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.
SPS 302.09 SPS 302.09Priority review. A person may request and make an appointment with the department to facilitate the examination of plans, or the review of a product or material for approval, on a priority basis. The fee for examination or review on a priority basis shall be twice the normal rate, based on the appropriate rate specified in this chapter. Scheduling on a priority basis shall be contingent upon the department having sufficient time and staff to accommodate the request.
SPS 302.09 History History: CR 05-038: cr. Register October 2005 No. 598, eff. 11-1-05.
SPS 302.10 SPS 302.10Projects without approval. The plan examination fees specified in this chapter shall be doubled for projects where the installation, erection or construction was initiated without the required departmental approval.
SPS 302.10 History History: CR 05-038: cr. Register October 2005 No. 598, eff. 11-1-05.
subch. II of ch. SPS 302 Subchapter II — Safety Services
SPS 302.11 SPS 302.11Boilers and pressure vessels.
SPS 302.11(1)(1)Boiler fees. Inspection fees for boilers shall be determined in accordance with Table 302.11-1.
SPS 302.11(2) (2)Pressure vessel fees. Inspection fees for pressure vessels shall be determined in accordance with Table 302.11-2.
SPS 302.11(3) (3)Reinspection fees. A fee of $80.00 per inspection shall be assessed for inspections made by the department to gain compliance with ch. SPS 341, after orders have been issued by the department. - See PDF for table PDF - See PDF for table PDF
SPS 302.11(5) (5)Fee for failure to have boiler or pressure vessel ready for inspection. A fee equal to 50% of the applicable inspection fee shall be assessed for failure to have the boiler or pressure vessel ready for inspection on the date specified, unless the department is notified, in writing, 7 business days prior to the specified inspection date.
SPS 302.11(6) (6)Permit to operate. The fee for the issuance of a permit to operate each boiler or pressure vessel shall be $50.00.
SPS 302.11(7) (7)Piping investigation. Fees related to piping investigations performed by the department shall be determined in accordance with s. SPS 302.04 (2).
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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.