SPS 361.40(1)(b)1.1. A project does not require supervision by a Wisconsin registered architect or engineer, if the project qualifies under one of the following conditions:
SPS 361.40(1)(b)1.b.
b. An addition to an existing building does not cause the entire building to contain or exceed a volume of 50,000 cubic feet.
SPS 361.40(1)(b)2.
2. For the purposes of this paragraph, the utilization of fire walls to divide up a building does not create separate buildings.
SPS 361.40(2)
(2) Duties. Supervision of construction is a professional service, as distinguished from superintending of construction by a contractor, and means the performance, or the supervision thereof, of reasonable on-the-site observations to determine that the construction is in substantial compliance with the approved plans and specifications.
SPS 361.40(3)
(3) Name of supervising architect, engineer or designer. Prior to the start of construction, the owner of the building or structure shall designate in writing to the authority that issued plan approval the name and Wisconsin registration number of the architect, engineer or designer retained to supervise construction of the building or structure.
SPS 361.40(4)
(4) Compliance statement. Prior to initial occupancy of a new building or addition, and prior to final occupancy of an alteration of an existing building, the supervising architect, engineer or designer shall file a written statement with the authority that issued plan approval certifying that, to the best of his or her knowledge and belief, construction of the portion to be occupied has been performed in substantial compliance with the approved plans and specifications. This statement shall be provided on a form prescribed by the department.
SPS 361.40 Note
Note: The department forms required in this chapter are available from the Department's Web site at
www.dsps.wi.gov, through links to Safety and Buildings Division forms.
SPS 361.40 History
History: CR 00-179: cr.
Register December 2001 No. 552, eff. 7-1-02;
CR 01-139: am. (1) (b) 1. a. and b.
Register June 2002 No. 558, eff. 7-1-02;
CR 04-016: renum. from Comm 61.50
Register December 2004 No. 588, eff. 1-1-05;
CR 10-103: am. (1) (a)
Register August 2011 No. 668, eff. 9-1-11; correction in (1) (b) 1. made under s.
13.92 (4) (b) 7. Stats.,
Register August 2011 No. 668.
SPS 361.41(1)(1)
On-site. On-site inspections shall be conducted by an authorized representative of the department to determine whether or not the construction or installations conform to the conditionally approved plans, the conditional approval letter, and this code.
SPS 361.41 Note
Note: Under s.
101.14 (2) (b) and
(c), Stats., fire department chiefs are responsible for periodically inspecting "every public building and place of employment to determine and cause to be eliminated any fire hazard or any violation of any law relating to fire hazards or to the prevention of fires." Under s.
101.14 (1) (a) and
(b) and
(2) (a), Stats., the department and any deputy, including deputies who are chiefs of fire departments, may require correction of "any violation of any law or order [such as the orders in chs.
SPS 361 to
366] relating to the fire hazard or the prevention of fire." See ch.
SPS 314 for further requirements relating to fire inspections and fire prevention.
SPS 361.41(2)(a)(a)
General. Manufacturers of manufactured buildings shall contract with the department or an independent inspection agency to conduct in-plant inspections to assure that the manufactured buildings are in compliance with the plans approved by the department. All inspections shall be performed by a certified commercial building inspector.
SPS 361.41(2)(b)
(b) Wisconsin insignia for manufactured buildings. Pursuant to s.
101.75, Stats., a Wisconsin insignia shall be installed on a manufactured dwelling unit approved by the department and inspected at the manufacturing plant. Each Wisconsin insignia shall be assigned and affixed to a specific manufactured multifamily dwelling, in the manner approved by the department, before the dwelling is shipped from the manufacturing plant. The serial number shall be located on the manufacturer's data plate.
SPS 361.41(2)(c)1.1. `Insignia records.' The manufacturer shall keep permanent records regarding the handling of all Wisconsin insignias indicating the number of Wisconsin insignias which have been affixed to manufactured buildings, building components, or groups of components; which Wisconsin insignias have been applied to which manufactured building or building component; and the disposition of any damaged or rejected Wisconsin insignias. The records shall be maintained by the manufacturer or by the independent inspection agency for at least 10 years. A copy of the records shall be sent to the department upon request.
SPS 361.41(2)(c)2.a.a. If Wisconsin insignias become lost or damaged, the department shall be notified immediately in writing by the manufacturer or dealer.
SPS 361.41(2)(c)2.b.
b. If a Wisconsin insignia becomes damaged, the insignia shall be returned to the department with the fee specified in
ch. SPS 302 to obtain a new insignia.
SPS 361.41(2)(d)1.1. The department may suspend or revoke its approval if it determines that the standards for the construction or manufacture and installation of a manufactured building do not meet this code, or if such standards are not being enforced as required by this chapter.
SPS 361.41(2)(d)2.
2. Upon suspension or revocation of the approval, no further insignias may be attached to any manufactured building or type of manufactured building with respect to which the approval was suspended or revoked.
SPS 361.41(2)(d)3.
3. Upon suspension or revocation of the approval, all insignias allocated to the manufacturer shall be returned to the department no later than 30 days from the effective date of the suspension or revocation.
SPS 361.41(3)
(3) Public mausoleum. Within 30 days after receiving written notice from a cemetery authority that the construction or conversion of a public mausoleum has been completed, the department or authorized representative shall inspect the public mausoleum and provide written notification of violations. Except as provided in s.
157.12 (2) (b), Stats., public mausoleum spaces may not be sold prior to approval by the department or its authorized representative.
SPS 361.41 Note
Note: Sale of public mausoleum spaces is permitted prior to departmental approval in accordance with other requirements of the Department.
SPS 361.41 History
History: CR 00-179: cr.
Register December 2001 No. 552, eff. 7-1-02;
CR 01-139: renum. (2) (e) to be (3)
Register June 2002 No. 558, eff. 7-1-02;
CR 04-016: renum. from Comm 61.51
Register December 2004 No. 588, eff. 1-1-05;
correction in (2) (c) 2. b. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 361.50(1)(a)(a) Materials, equipment and products regulated by this code may receive a written approval from the department indicating code compliance.
SPS 361.50(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 361.50(1)(b)2.
2. Tests, compilation of data, and calculations shall be conducted by a qualified independent third party.
SPS 361.50(2)(a)(a) Materials, equipment, and products that 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 361.50(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 361.50(2)(b)2.
2. Tests, compilation of data, and calculations shall be conducted by a qualified independent third party.
SPS 361.50(3)(a)(a) The department may allow use of an experimental material, equipment or product for the purpose of proving compliance with the intent of this code.
SPS 361.50(3)(b)
(b) The department may require the submission of any information deemed necessary for review.
SPS 361.50(3)(c)
(c) The department may limit the number of applications it will accept for approval of experimental materials, equipment or products.
SPS 361.50(3)(d)
(d) Installations of a material, equipment or product under an experimental approval shall comply with all of the following:
SPS 361.50(3)(d)1.
1. Plans detailing the installation for each project where the experimental material, equipment or product is to be used shall be submitted to the department in accordance with
s. SPS 361.31.
SPS 361.50(3)(d)2.
2. A copy of the experimental approval shall be attached to the submitted plans and approved plans.
SPS 361.50(3)(d)3.a.a. A letter of consent from the owner of the project shall be attached to the submitted plans and approved plans.
SPS 361.50(3)(d)3.b.
b. The letter shall acknowledge that the owner has received and read a copy of the experimental approval and is in compliance with all conditions of the approval.
SPS 361.50(3)(d)4.
4. If a supervising professional is not required for the project by
s. SPS 361.40, a person responsible for construction of the project shall be designated in writing by the owner.
SPS 361.50(3)(d)5.
5. The supervising professional or person designated as responsible for the construction of the project shall, upon completion of construction, certify in writing to the department that the installation is in compliance with the experimental approval, approved plans, specifications and data.
SPS 361.50(3)(e)1.1. Any onsite inspections shall be performed by the department, or other person approved by the department, at time intervals as specified by the department, but not less than once a year. An inspection report shall be written.
SPS 361.50(3)(f)
(f) Five years and 6 months after the date of the completed installation, the department shall order the removal of the experimental material, equipment or product, or issue an approval for the material, equipment or product.
SPS 361.50(3)(g)
(g) Paragraphs (e) and
(f) do not apply to an experimental system if this code is revised to include or enable the experimental system to conform to the intent of this code.
SPS 361.50(4)(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 361.50(4)(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 361.50(4)(a)3.
3. For voluntary and alternate approvals, a determination shall be made within 40 business days of receipt of all required materials.
SPS 361.50(4)(a)4.
4. For an experimental approval, the determination shall be made within 6 months of receipt of all required materials.
SPS 361.50(4)(b)1.1. The department may include specific conditions in issuing an approval, including an expiration date for the approval.
SPS 361.50(4)(b)2.
2. Violations of the conditions under which an approval is issued shall constitute a violation of this code.
SPS 361.50(4)(c)
(c) If the department determines that the material, equipment or product does not comply with this code or the intent of this code, or that an experimental approval will not be issued, the request for approval shall be denied in writing.
SPS 361.50(4)(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 361.50(4)(e)1.1. The department may revoke or deny an approval for any false statements or misrepresentations of relevant facts or data, unacceptability of a third party that provided any information on which the approval was based, or as a result of material, equipment or product failure.
SPS 361.50(4)(e)2.
2. The department may reexamine an approved material, equipment or product and issue a revised approval at any time.
SPS 361.50(4)(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 361.50(4)(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 361.50(4)(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 361.50(5)(a)1.1. Except as provided in
subd. 2., ungraded or used building products may be used or reused as long as the materials possess the essential properties necessary to achieve the level of performance required by this code for the intended use.
SPS 361.50(5)(a)2.
2. Ungraded or used products may not be utilized, if specifically prohibited under a specific referenced standard.
SPS 361.50(5)(b)
(b) The department or the municipality enforcing this code may require tests in accordance with
sub. (1) or
(2). Approval for use of ungraded or used materials may be issued under this section or may be issued for a specific project under
s. SPS 361.31.
SPS 361.50 History
History: CR 00-179: cr.
Register December 2001 No. 552, eff. 7-1-02;
CR 04-016: renum. from Comm 61.60 and am. (3) (d) 4.
Register December 2004 No. 588, eff. 1-1-05; correction in (3) (d) 1., 4., (4) (h), (5) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 361.51(1)
(1) Alternate standards that are equivalent to or more stringent than the standards referenced in this code may used in lieu of the referenced standards when approved by the department or if written approval is issued by the department in accordance with
sub. (2).
SPS 361.51(2)(a)(a) Upon receipt of a fee and a written request, the department may issue an approval for the use of the alternate standard.
SPS 361.51(2)(b)
(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.
SPS 361.51(3)
(3) Determination of approval shall be based on an analysis of the alternate standard and the standard referenced in this code, prepared by a qualified independent third party or the organization that published the standard contained in this code.
SPS 361.51(4)
(4) The department may include specific conditions in issuing an approval, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this code.
SPS 361.51(5)
(5) If the department determines that the alternate standard is not equivalent to or more stringent than the referenced standard, the request for approval shall be denied in writing.
SPS 361.51(6)
(6) The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based.
