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SPS 320.09(9)(a)2. 2. Pursuant to s. 101.65 (1m), Stats., a Wisconsin uniform building permit may not be issued to a person unless the person complies with subds. 3. and 4., except as provided under s. 101.654 (1) (b) and (c) 2., Stats.
SPS 320.09 Note Note: Section 101.654 (1) (b), Stats., exempts an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on the dwelling from obtaining a dwelling contractor financial responsibility registration. Under s. 101.65 (1r), an owner who obtains a building permit needs to sign a statement advising the owner of the potential consequences of hiring a contractor to perform work under the permit who is not bonded or insured under s. 101.654 (2) (a), Stats.
SPS 320.09 Note Note: Section 101.654 (1) (c) 2., Stats., reads: “The continuing education requirements under par. (a) and the rules promulgated by the department under sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed."
SPS 320.09(9)(a)3. 3. A person applying for a Wisconsin uniform building permit for work covered under ch. SPS 321 or 322 who is not the owner who resides or will reside in the dwelling shall hold one of the following credentials issued by the department:
SPS 320.09(9)(a)3.a. a. A dwelling contractor certification.
SPS 320.09(9)(a)3.b. b. A dwelling contractor — restricted certification.
SPS 320.09(9)(a)3.c. c. A dwelling contractor financial responsibility certification.
SPS 320.09(9)(a)3.d. d. A dwelling contractor financial responsibility — restricted certification.
SPS 320.09(9)(a)4. 4. A person applying for a Wisconsin uniform building permit for work covered under ch. SPS 321 or 322 who is not the owner who resides or will reside in the dwelling shall hold or engage, as an employee, a person who holds a certification issued by the department as a dwelling contractor qualifier.
SPS 320.09(9)(a)5. 5. The permit shall expire 24 months after issuance if the dwelling exterior has not been completed.
SPS 320.09(9)(a)6. 6. Pursuant to s. 101.63 (7), Stats., the name and license number of the Wisconsin master plumber responsible for the installation of plumbing shall be entered on the permit by the issuing entity at the time of issuance.
SPS 320.09(9)(b) (b) Permit to start construction of footings and foundation.
SPS 320.09(9)(b)1.1. Construction may begin on footings and foundations prior to the issuance of the Wisconsin uniform building permit where a permit to start construction is obtained.
SPS 320.09(9)(b)2. 2. Upon submittal of the application for a permit to start construction, a plot plan, complete footing and foundation information including exterior grading, and a fee, the municipality or authorized UDC inspection agency enforcing this code may issue a permit to start construction of the footings and foundation.
SPS 320.09(9)(b)3. 3. The issuance of a permit to start construction shall not influence the approval or denial of the Wisconsin uniform building permit application.
SPS 320.09(9)(c) (c) Private onsite wastewater treatment systems. Pursuant to s. 145.195, Stats., if the proposed construction requires connection to a private onsite wastewater treatment system, a Wisconsin uniform building permit may not be issued unless conformance with s. SPS 383.25 (2) has first been determined.
SPS 320.09 Note Note: See ch. SPS 325 Appendix A for a reprint of s. SPS 383.25 (2).
SPS 320.09(9)(d) (d) Posting of permit.
SPS 320.09(9)(d)1.1. The Wisconsin uniform building permit shall be posted in a conspicuous place at the dwelling site.
SPS 320.09(9)(d)2. 2. The Wisconsin uniform building permit seal shall be affixed to the posted permit or to the Wisconsin uniform building permit application. The permit seal number shall appear on both documents.
SPS 320.09(10) (10)Disapproval of plans and denial of permits.
SPS 320.09(10)(a)(a) General. Approval shall be denied if the municipality or authorized UDC inspection agency administering and enforcing this code determines that the Wisconsin uniform building permit application or the plans do not substantially conform to the provisions of this code and other legal requirements.
SPS 320.09(10)(b) (b) Denial of application. A copy of the denied application, accompanied by a written statement specifying the reasons for denial, shall be sent to the applicant and to the owner as specified on the Wisconsin uniform building permit application.
SPS 320.09(10)(c) (c) Stamping of plans.
SPS 320.09(10)(c)1.1. Plans which do not substantially conform to the provisions of the code shall be stamped “not approved."
SPS 320.09(10)(c)2. 2. One copy shall be returned to the person applying for the Wisconsin uniform building permit and one copy shall be retained by the municipality or authorized UDC inspection agency administering and enforcing the code.
SPS 320.09(10)(d) (d) Appeals. The applicant may appeal a denial of the application in accordance with the procedure outlined in s. SPS 320.21.
SPS 320.09(11) (11)Time-span for approval or denial. Action to approve or deny a uniform building permit application shall be completed within 10 business days of receipt of all forms, fees, plans and documents required to process the application, and completion of other local prerequisite permitting requirements.
SPS 320.09 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. (7), Register, February, 1985, No. 350, eff. 3-1-85; am. (4) (b) and (5) (b) 1., Register, January, 1989, No. 397, eff. 2-1-89; am. (3) (a) and (4) (a) 2., Register, March, 1992, No. 435, eff. 4-1-92; am. (4) (a) 1., (5) (a), (b) 2. and (6) (intro.), Register, September, 1992, No. 441, eff. 12-1-92; renum. (2) to be (2) (a) and am., am. (3) and (7), cr. (2) (b), (3) (c), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. (5) (b) 1., Register, October, 1996, No. 490, eff. 11-1-96; am. (4) (a) 1. a. and (b), r. and recr. (4) (a) 1. b., r. (4) (a) 1. c. and d., Register, February, 1997, No. 494, eff. 3-1-97; am. (5) (a), Register, March, 1998, No. 507, eff. 4-1-98; cr. (5) (b) 1. c. and d., Register, January, 1999, No. 517, eff. 2-1-99; cr. (5) (b) 3., Register, April, 2000, No. 532, eff. 7-1-00; correction in (5) (b) 3. made under s. 13.93 (2m) (b) 7., Stats; correction in (5) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; CR 00-159: am. (1), (2), (4) (intro.), (5) (a), (5) (b) 2. and (c), (6) (intro.) and (b), r. and recr. (3), (5) (b) 1. d., cr. (8), Register September 2001 No. 549 eff. 12-1-01; correction in (5) (b) 1. b. made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569; CR 03-097: am. (1), (2) (a), r. (2) (a) 2., (b), (3) (b), and (8), cr. (2) (b), renum. (3) (c) to be (3) (b) and am, Register November 2004 No. 587, eff. 1-1-05; CR 05-113: r. and recr. (4) (a) 1., renum. (4) (b) and (c) to be (4) (c) and (d) and am. (4) (c), cr. (4) (b) Register December 2006 No. 612, eff. 4-1-07; CR 07-007: r. and recr. (2) (b) and (5) Register August 2007 No. 620, eff. 9-1-07, except (5) (c) 2. eff. 1-1-08; CR 08-043: r. and recr. Register March 2009 No. 639, eff. 4-1-09; correction in (2) (c) 3., (3) (a) 2., (b) 2., (5) (a) 2., (d) 2., (6) (c), (9) (a) 3., 4., (c), (10) (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-015: am. (5) (b) 2. d. Register August 2014 No. 704, eff. 9-1-14; CR 15-041: am. (5) (b) 2. d., r. (5) (d), am. (6) (d) Register December 2015 No. 720, eff. 1-1-16; CR 17-001: r. and recr. (2) (a) 2., cr. (2) (a) 3., 4. Register July 2017 No. 739, eff. 8-1-17.
SPS 320.10 SPS 320.10Inspections.
SPS 320.10(1) (1)Inspector certification. All inspections, for the purpose of administering and enforcing this code, shall be performed by an inspector certified in accordance with ch. SPS 305 who holds the respective credential for the inspection performed.
SPS 320.10(2) (2)General inspection requirements.
SPS 320.10(2)(a)(a) General. Inspections shall be conducted by the municipality or authorized UDC inspection agency administering and enforcing this code to determine if the construction or installations conform to the conditionally approved plans, the Wisconsin uniform building permit application and the provisions of this code.
SPS 320.10(2)(b) (b) Inspection notice.
SPS 320.10(2)(b)1.1. The applicant or an authorized representative shall request inspections from the municipality or authorized UDC inspection agency administering and enforcing this code.
SPS 320.10(2)(b)2. 2. Except as provided under subd. 3., construction may not proceed beyond the point of inspection until the inspection has been completed.
SPS 320.10(2)(b)3. 3. Construction may proceed if the inspection has not taken place by the end of the second business day following the day of notification or as otherwise agreed between the applicant and the municipality or authorized UDC inspection agency.
SPS 320.10(3) (3)Inspection types.
SPS 320.10(3)(a)(a) General. The inspections described in pars. (b) to (i) shall be performed to determine if the work complies with this code.
SPS 320.10(3)(b) (b) Erosion control inspection. Erosion control inspections shall be performed concurrently with all other required construction inspections. Additional inspections for erosion control may be performed by the delegated authority.
SPS 320.10(3)(c) (c) Foundation excavation inspection.
SPS 320.10(3)(c)1.1. The excavation for the foundation shall be inspected after the placement of any forms or required reinforcement and prior to the placement of the permanent foundation material.
SPS 320.10(3)(c)2. 2. If a drain tile system is required, by the local inspector or by groundwater levels in the excavation, the presence and location of bleeders used to connect the interior and exterior drain tile shall be inspected at the same time as the excavation.
SPS 320.10 Note Note: This excavation inspection may be used to determine the need for drain tile under s. SPS 321.17.
SPS 320.10(3)(d) (d) Foundation reinforcement inspection. The placement of reinforcement shall be inspected where the reinforcement is required for code compliance.
SPS 320.10(3)(e) (e) Foundation inspection. The foundation shall be inspected after completion. Where dampproofing, exterior insulation or drain tile are required for code compliance, the foundation shall be inspected prior to backfilling.
SPS 320.10(3)(f) (f) Rough inspection.
SPS 320.10(3)(f)1.1. A rough inspection shall be performed for each inspection category listed under subd. 1. a. to e. after the rough work is constructed but before it is concealed.
SPS 320.10(3)(f)1.a. a. The basement floor area.
SPS 320.10 Note Note: The inspection of the basement floor area should include the following: any underfloor plumbing, electrical, or HVAC; any interior drain tile with base course required under s. SPS 321.17; the structural base course for the floor slab if required under s. SPS 321.20; and the underfloor vapor retarder as required under s. SPS 322.38.
SPS 320.10(3)(f)1.b. b. General construction, including framing.
SPS 320.10(3)(f)1.c. c. Rough electrical.
SPS 320.10(3)(f)1.d. d. Rough plumbing.
SPS 320.10(3)(f)1.e. e. Rough heating, ventilating and air conditioning.
SPS 320.10(3)(f)2. 2. All categories of work for rough inspections may be completed before the notice for inspection is given, provided the work has not been covered.
SPS 320.10(3)(f)3. 3. The applicant may request one rough inspection or individual rough inspections.
SPS 320.10(3)(f)4. 4. A separate fee may be charged for each individual inspection.
SPS 320.10(3)(g) (g) Insulation inspection. An inspection shall be made of the insulation and vapor retarders after they are installed but before they are concealed.
SPS 320.10(3)(h) (h) Final inspection.
SPS 320.10(3)(h)1.1. Except as provided under subd. 2., the dwelling may not be occupied until a final inspection has been made that finds no critical violations of this code that could reasonably be expected to affect the health or safety of a person using the dwelling.
SPS 320.10(3)(h)2. 2. Occupancy may proceed in accordance with local ordinances if the inspection has not been completed by the end of the fifth business day following the day of notification or as otherwise agreed between the applicant and the department or municipality.
SPS 320.10(3)(i) (i) Installation inspection. An inspection shall be performed on the installation of a manufactured home or modular home.
SPS 320.10 Note Note: The design and construction of manufactured homes is regulated by the federal Department of Housing and Urban Development under Title 24 CFR Part 3280.
SPS 320.10(4) (4)Notice of compliance or noncompliance.
SPS 320.10(4)(a)(a) General.
SPS 320.10(4)(a)1.1. Notice of compliance or noncompliance with this code shall be written on the building permit or another readily visible means and posted at the job site. Alternatively, the notice may be delivered electronically if mutually agreed upon by the applicant and inspector.
SPS 320.10(4)(a)2. 2. Upon finding of noncompliance, the municipality or authorized UDC inspection agency enforcing this code shall also notify the applicant of record and the owner, in writing, of the violations to be corrected. Alternatively, the notification may be delivered electronically if mutually agreed upon by the applicant and inspector.
SPS 320.10(4)(a)3. 3. Except as specified under par. (b), 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 320.21.
SPS 320.10(4)(b) (b) Erosion and sediment control requirements.
SPS 320.10(4)(b)1.1. The time period allowed for compliance with the erosion and sediment control provisions under s. SPS 321.125 shall be determined based on the severity of the noncompliance in relation to soil loss or potential damage to the waters of the state.
SPS 320.10(4)(b)2. 2. Pursuant to s. 101.653 (7) (b), Stats., the department, a municipality or the designated UDC inspection agency may issue a special order directing an immediate cessation of construction work on other aspects of the dwelling until compliance with the erosion and sediment control provisions under s. SPS 321.125 is attained. Construction work may resume once the erosion and sediment control compliance corrections are completed.
SPS 320.10 Note Note: Section 101.653 (7) (b) reads: “The department or a city, village, town or county may issue a special order directing the immediate cessation of work on a one- or 2-family dwelling until the necessary plan approval is obtained or until the site complies with the rules promulgated under sub. (2)."
SPS 320.10(5) (5)Voluntary inspection. The department or its authorized representative may, at the request of the owner or the lawful occupant, enter and inspect dwellings, subject to the provisions of this code, to ascertain compliance with this code.
SPS 320.10(6) (6)Record keeping.
SPS 320.10(6)(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 320.10(6)(a)1. 1. A record shall be made of each visit to a site, each inspection type performed and the pass or fail results of each inspection.
SPS 320.10(6)(a)2. 2. Approved plans shall be retained for 4 years after completion of the dwelling.
SPS 320.10(6)(a)3. 3. Applications forms, correction orders, correspondence and inspection records shall be maintained for 7 years after completion of the dwelling.
SPS 320.10(6)(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 320.10 Note Note: Records generated by the plan review and inspection functions are public records and are subject to the open-records law.
SPS 320.10 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (a), Register, February, 1985, No. 350, eff. 3-1-85; cr. (1) (b) 2. f., Register, January, 1989, No. 397, eff. 2-1-89; correction (1) (b) 2. intro. made under s. 13.93 (2m) (b) 4., Stats., Register, January, 1989, No. 397; r. (1) (b) 2. e., renum. (1) (b) 2. f. and 3. and (3) to be (1) (b) 2. e. and 4. and (2), cr. (1) (b) 3., Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (c), Register, September, 1992, No. 441, eff. 12-1-92; cr. (1) (b) 5., Register, November, 1995, No. 479, eff. 12-1-95; am. (intro.), Register, October, 1996, No. 490, eff. 11-1-96; r. and recr. (1) (c), Register, February, 1997, No. 494, eff. 3-1-97; am. (intro.), Register, March, 1998, No. 507, eff. 4-1-98; r. and recr. (1) (b) 4., Register, March, 2001, No. 543, eff. 4-1-01; CR 00-159: am. (1) (intro.), (c) 1. and 2. a., r. and recr. (1) (a), Register September 2001 No. 549 eff. 12-1-01; CR 05-113: r. and recr. (1) (c) 2. Register December 2006 No. 612, eff. 4-1-07; CR 06-071: am. (1) (b) (intro.) cr. (1) (b) 6. and (3) Register December 2006 No. 612, eff. 4-1-07; CR 08-043: r. and recr. Register March 2009 No. 639, eff. 4-1-09; correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (1), (4) (a) 3., (b) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 15-088: am. (4) (a) 1., 2. Register May 2016 No. 725, eff. 6-1-16.
SPS 320.11 SPS 320.11Suspension or revocation of Wisconsin uniform building permit.
SPS 320.11(1)(a) (a) The municipality or the registered UDC inspection agency administering and enforcing this code may suspend or revoke any Wisconsin uniform 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 320.11(1)(b) (b) No construction may take place on the dwelling after suspension or revocation of the permit.
SPS 320.11(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 320.21.
SPS 320.11 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; CR 00-159: r. (1), renum. (intro.) to be (1), am. (2), Register, September 2001 No. 549 eff. 12-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. V of ch. SPS 320 Subchapter V — Approval and Inspection of Modular Homes and Their Components
SPS 320.12 SPS 320.12Scope. This part shall govern the design, manufacture, installation and inspection of modular homes, manufactured building systems and the components of the building systems displaying the Wisconsin insignia.
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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.