Alert! This chapter may be affected by an emergency rule:
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.
SPS 320.12 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639.
SPS 320.13 SPS 320.13Manufacture, sale and installation of homes.
SPS 320.13(1)(1)Manufacture and sale. No modular home, manufactured building system or component of the building system subject to this part shall be manufactured for use, sold for initial use or installed in this state unless it is approved by the department and it bears the Wisconsin insignia issued or a state seal or an insignia reciprocally recognized by the department.
SPS 320.13(2) (2)Installation. A Wisconsin uniform building permit shall be obtained in accordance with s. SPS 320.09 (1) to (5) (a) before any on-site construction falling within the scope of this code is commenced for a modular home. The permit shall be issued in accordance with s. SPS 320.09 (9).
SPS 320.13 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register August 2007 No. 620; CR 08-043: am. (2) Register March 2009 No. 639, eff. 4-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.14 SPS 320.14Approval procedures.
SPS 320.14(1) (1)Application for approval.
SPS 320.14(1)(a)(a) An application for approval of any modular home, building system or component shall be submitted to the department in the form required by the department, along with the appropriate fees in accordance with s. SPS 302.34.
SPS 320.14(1)(b) (b) The department shall review and make a determination on an application for approval of a modular home, building system or component within 3 months.
SPS 320.14(2) (2)Approval of building systems and components.
SPS 320.14(2)(a)(a) Approval of building systems.
SPS 320.14(2)(a)1.1. `Plans and specifications.' All plans and specifications shall be submitted to the department according to subd. 1. a. or b.:
SPS 320.14(2)(a)1.a. a. Three complete sets of building, structural, mechanical and electrical plans, (including elevations, sections and details), specifications and calculations shall be submitted to the department on behalf of the manufacturer for examination and approval.
SPS 320.14(2)(a)1.b. b. At least one complete set of building, structural, mechanical and electrical plans, (including elevations, sections and details), specifications and calculations shall be submitted to the department on behalf of a manufacturer. All plans and specifications submitted to the department shall be stamped “conditionally approved" by a UDC certified inspector or inspectors.
SPS 320.14(2)(a)2. 2. `Compliance assurance program.'
SPS 320.14(2)(a)2.a.a. Three sets of the compliance assurance program shall be submitted for examination and approval.
SPS 320.14(2)(a)2.b. b. The compliance assurance program shall meet the standards of the Model Documents for the Evaluation, Approval and Inspection of Manufactured Buildings or an equivalent standard acceptable to the department.
SPS 320.14(2)(b) (b) Approval of building components.
SPS 320.14(2)(b)1.1. `Plans and specifications.' All plans and specifications shall be submitted to the department according to subd. 1. a. or b.:
SPS 320.14(2)(b)1.a. a. At least 3 complete sets of plans and specifications for manufactured dwelling building components shall be submitted to the department on behalf of the manufacturer for examination and approval.
SPS 320.14(2)(b)1.b. b. At least one complete set of plans and specifications for manufactured dwelling building components shall be submitted to the department on behalf of the manufacturer. All plans and specifications submitted to the department shall be stamped “conditionally approved" by a UDC certified inspector or inspectors.
SPS 320.14(2)(b)2. 2. `Compliance assurance program.'
SPS 320.14(2)(b)2.a.a. Three sets of the compliance assurance program shall be submitted to the department for examination and approval of components.
SPS 320.14(2)(b)2.b. b. The compliance assurance program shall meet the requirements established by the department or, where applicable, be in the form of the Model Documents for the Evaluation, Approval and Inspection of Manufactured Buildings or an equivalent standard acceptable to the department.
SPS 320.14(3) (3)Notification of approval or denial of plans, specifications and compliance assurance program.
SPS 320.14(3)(a)(a) Conditional approval. If the department determines that the plans, specifications, compliance assurance program and application for approval submitted for such building system or component substantially conform to the provisions of this code, a conditional approval shall be issued. A conditional approval issued by the department shall not constitute an assumption of any liability for the design or construction of the manufactured building.
SPS 320.14(3)(a)1. 1. `Written notice.' The conditional approval shall be in writing and sent to the manufacturer and the person submitting the application for approval. Any noncompliance specified in the conditional approval shall be corrected before the manufacture, sale or installation of the dwelling, building system or component.
SPS 320.14(3)(a)2. 2. `Stamping of plans, specifications and compliance assurance program.' Approved plans, specifications and compliance assurance programs shall be stamped “conditionally approved." At least 2 copies shall be returned to the person designated on the application for approval; one copy shall be retained by the department.
SPS 320.14(3)(b) (b) Denial. If the department determines that the plans, specifications, compliance assurance program or the application for approval do not substantially conform to the provisions of this code, the application for approval shall be denied.
SPS 320.14(3)(b)1. 1. `Written notice.' The denial shall be in writing and sent to the manufacturer and the person submitting the application for approval. The notice shall state the reasons for denial.
SPS 320.14(3)(b)2. 2. `Stamping of plans, specifications and compliance assurance program.' Plans, specifications and compliance assurance programs shall be stamped“not approved." At least 2 copies shall be returned to the person submitting the application for approval; one copy shall be retained by the department.
SPS 320.14(4) (4)Evidence of approval. The manufacturer shall keep at each manufacturing plant where such building system or component is manufactured, one set of plans, specifications and compliance assurance program bearing the stamp of conditional approval. The conditionally approved plans, specifications and compliance assurance program shall be available for inspection by an authorized representative of the department during normal working hours.
SPS 320.14(5) (5)Inspections. Manufacturers shall contract with the department or an independent inspection agency to conduct in-plant inspections to assure that the building system and components manufactured are in compliance with the plans, specifications and the compliance assurance program approved by the department. All inspections, for the purpose of administering and enforcing this code, shall be performed by a certified UDC inspector or inspectors.
SPS 320.14(6) (6)Wisconsin insignia. Upon departmental approval of the plans, specifications and compliance assurance program, and satisfactory in-plant inspections of the building system and components, Wisconsin insignias shall be purchased from the department in accordance with the fee established in s. SPS 302.34. A manufacturer shall be entitled to display the Wisconsin insignia on any approved system or component.
SPS 320.14(6)(a) (a) Lost or damaged insignia.
SPS 320.14(6)(a)1.1. `Notification.' If Wisconsin insignias become lost or damaged, the department shall be notified immediately, in writing, by the manufacturer or dealer.
SPS 320.14(6)(a)2. 2. `Return of damaged insignias.' If Wisconsin insignias become damaged, the insignia shall be returned to the department with the appropriate fee to obtain a new insignia.
SPS 320.14(6)(b) (b) Affixing Wisconsin insignias. Each Wisconsin insignia shall be assigned and affixed to a specific manufactured dwelling or component in the manner approved by the department before the dwelling is shipped from the manufacturing plant.
SPS 320.14(6)(c) (c) Insignia records.
SPS 320.14(6)(c)1.1. `Manufacturer's insignia records.' The manufacturer shall keep permanent records regarding the handling of all Wisconsin insignias, including construction compliance certificates, indicating the number of Wisconsin insignias which have been affixed to manufactured dwellings or manufactured building components (or groups of components); which Wisconsin insignias have been applied to which manufactured dwelling or manufactured building component; the disposition of any damaged or rejected Wisconsin insignias; and the location and custody of all unused 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 320.14(6)(c)2. 2. `Construction compliance certificate.' Within 30 days after receiving the original Wisconsin insignias from the department, and at the end of each month thereafter, the manufacturer shall submit a construction compliance certificate, in the form determined by the department, for each manufactured dwelling intended for sale, use or installation in the state.
SPS 320.14(6)(d) (d) Unit identification. Each modular home and major transportable section or component shall be assigned a serial number. The serial number shall be located on the manufacturer's data plate.
SPS 320.14(6)(e) (e) Manufacturer's data plate. The manufacturer's data plate for building systems shall contain the following information, where applicable:
SPS 320.14(6)(e)1. 1. Manufacturer's name and address;
SPS 320.14(6)(e)2. 2. Date of manufacture;
SPS 320.14(6)(e)3. 3. Serial number of unit;
SPS 320.14(6)(e)4. 4. Model designation;
SPS 320.14(6)(e)5. 5. Identification of type of gas required for appliances and directions for water and drain connections;
SPS 320.14(6)(e)6. 6. Identification of date of the codes or standards complied with;
SPS 320.14(6)(e)7. 7. State insignia number;
SPS 320.14(6)(e)8. 8. Design loads;
SPS 320.14(6)(e)9. 9. Special conditions or limitations of unit;
SPS 320.14(6)(e)10. 10. Electrical ratings; instructions and warnings on voltage, phase, size and connections of units and grounding requirements.
SPS 320.14(7) (7)Reciprocity. Upon request, the department will make available to any person a list of those states whose dwelling codes are considered equal to the codes established by the department and whose products are accepted reciprocally by Wisconsin.
SPS 320.14 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (a), r. and recr. (2) (a) 1. and (b) 1., Register, February, 1985, No. 350, eff. 3-1-85; correction in (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1992, No. 441; am. (1), (2) (a) 2., Register, November, 1995, No. 479, eff. 12-1-95; am. (2) (a) 1. b., (b) 1. b., (5), Register, October, 1996, No. 490, eff. 11-1-96; correction in (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1996, No. 490; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1998, No. 507; correction in (2) (a) 2. made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569; CR 06-119: am. (1) Register July 2007 No. 619, eff. 8-1-07; CR 08-043: am. (1), (2) (a) 2. and (b) 2. Register March 2009 No. 639, eff. 4-1-09; corrections in (2) (a) 2. b., (b) 2. b. and (6) (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (1) (a), (6) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 320.15 SPS 320.15Effect of approval.
SPS 320.15(1) (1)Right to bear insignia. A modular home or building component approved by the department, manufactured and inspected in accordance with this code, shall be entitled to bear the Wisconsin insignia.
SPS 320.15(2) (2)Effect of insignia. Modular homes and manufactured building components bearing the Wisconsin insignia are deemed to comply with this code, except as to installation site requirements, regardless of the provisions of any other ordinance, rule, regulation or requirement.
SPS 320.15(3) (3)Right to install. Modular homes and components bearing the Wisconsin insignia may be manufactured, offered for sale and shall be entitled to be installed anywhere in Wisconsin where the installation site complies with the other provisions of this code.
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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.