Feed for /code/admin_code/sps/safety_and_buildings_and_environment/361_366/361 PDF
SPS 361.31 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 01-139: renum. (3) (intro.) to (b) to be (3) (a) to (c) Register June 2002 No. 558, eff. 7-1-02; CR 04-016: renum. (2) (b) 2. to be (2) (b) 2. a., cr. (2) (b) 2. b. Register December 2004 No. 588, eff. 1-1-05; CR 06-119: am. (3) (a) Register July 2007 No. 619, eff. 8-1-07; CR 10-103: cr. (1) (b) 3. Register August 2011 No. 668, eff. 9-1-11; correction in (1) (b) made under s. 13.92 (4) (b) 7. Stats., Register August 2011 No. 668; correction in (1) (b) (intro.), 1., 2., 3., (3) (a), (4) (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
SPS 361.32 SPS 361.32 Permission to start construction.
SPS 361.32(1) (1) A building owner may request and the department or its authorized representative may grant permission to start construction for the footings and foundations upon submission of construction documents under s. SPS 361.31.
SPS 361.32(2) (2) A building owner who has been granted permission to start construction of the footings and foundations may proceed at the owner's own risk without assurance that a conditional approval for the building will be granted.
SPS 361.32(3) (3) The department shall review and make a determination on an application for permission to start construction of the footings and foundations within 3 business days of receipt of the application and all forms, fees, construction documents and information required to complete the review.
SPS 361.32 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 361.33 SPS 361.33 Evidence of plan approval. Where plan approval is required by this code, one set of plans bearing the stamp of conditional approval and a copy of the specifications shall be kept at the building site. The plans and specifications shall be open to inspection by the department or its authorized representative.
SPS 361.33 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02.
SPS 361.35 SPS 361.35 Revocation of approval. The department may revoke any approval, issued under this code, for any false statements or misrepresentation of facts on which the approval was based.
SPS 361.35 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02.
SPS 361.36 SPS 361.36 Expiration of plan approval and extension of plan approval.
SPS 361.36(1) (1)Expiration of plan approval.
SPS 361.36(1)(a)(a) Building shell. Except as provided in par. (f) and sub. (2) (b), plan approval by the department or its authorized representative for new buildings and building additions shall expire 2 years after the approval date indicated on the approved building plans if the building shell is not closed in within those 2 years.
SPS 361.36(1)(b) (b) Occupancy. Except as provided in sub. (2), plan approval by the department or its authorized representative for new buildings and building additions shall expire 3 years after the approval date indicated on the approved building plans if the building is not ready for occupancy within those 3 years.
SPS 361.36(1)(c) (c) Alterations. Except as provided in sub. (2), plan approval by the department or its authorized representative for interior building alterations shall expire one year after the approval date indicated on the approved building plans if the alteration work is not completed within that year.
SPS 361.36(1)(d) (d) HVAC construction only. Except as provided in sub. (2), plan approval by the department or its authorized representative for heating, ventilating, or air conditioning construction that does not include any associated building construction shall expire one year after the approval date indicated on the approved plans if the building or building area affected by the plans is not ready for occupancy within that year.
SPS 361.36(1)(e) (e) Fire protection systems only. Except as provided in sub. (2), plan approval by the department or its authorized representative for a fire protection system that does not include any associated building construction shall expire 2 years after the approval date indicated on the approved plans if the building or building area affected by the plans is not ready for occupancy within those 2 years.
SPS 361.36(1)(f) (f) Mausoleums. Plan approval by the department or its authorized representative for mausoleums within the scope of s. 440.92 (2) (e), Stats., shall expire 3 years after the date indicated on the approved building plans of the building shell if not closed within those 3 years.
SPS 361.36(2) (2)Extension of plan approval.
SPS 361.36(2)(a)(a) Except as provided in par. (b), upon request and payment of the fee specified in ch. SPS 302, the expiration dates in sub. (1) (b) to (f) may be extended provided the request is submitted prior to expiration of the original approval.
SPS 361.36 Note Note: According to s. 66.0413, Stats., the local governmental body or building inspector may order the razing of buildings or portions thereof, where there has been a cessation of normal construction for more than 2 years.
SPS 361.36(2)(b) (b) Upon request to the secretary, the expiration dates in sub. (1) (a) and (b) may be extended at the discretion of the secretary for a one-time, 2-year period provided all of the following:
SPS 361.36(2)(b)1. 1. The approved plan is for multifamily dwelling containing less than 11 dwelling units.
SPS 361.36(2)(b)2. 2. The original plan was submitted for department review prior to January 1, 2011.
SPS 361.36(2)(b)3. 3. The request is submitted prior to expiration of the original approval.
SPS 361.36 Note Note: According to s. 66.0413, Stats., the local governmental body or building inspector may order the razing of buildings or portions thereof, where there has been a cessation of normal construction for more than 2 years.
SPS 361.36 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 06-120: renum. (2) to be (2) (a) and am., cr. (2) (b), Register February 2008 No. 626, eff. 3-1-08; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 361.37 SPS 361.37 Department limitation. A conditional approval of a plan by the department may not be construed as an assumption of any responsibility on the part of the department for the design or construction of the project.
SPS 361.37 History History: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02.
SPS 361.39 SPS 361.39 Registration of cross connection control assemblies. Cross connection control assemblies to be installed in water-based fire protection systems shall be registered with the department in accordance with ch. SPS 382.
SPS 361.39 History History: CR 02-002: cr. Register April 2003 No. 568, eff. 5-1-03; CR 04-016: am. Register December 2004 No. 588, eff. 1-1-05; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. IV of ch. SPS 361 Subchapter IV — Supervision and Inspections
SPS 361.40 SPS 361.40 Supervision.
SPS 361.40(1)(1)General.
SPS 361.40(1)(a)(a) Except as provided in par. (b), the proposed construction of a project within the scope of this code shall be supervised by one or more Wisconsin registered architects or engineers, except that Wisconsin registered designers may supervise the installation of heating, ventilating and air conditioning systems, fire protection systems and illumination systems. The person responsible for supervision shall also be responsible for the construction and installation being in substantial compliance with the approved plans and specifications. If the supervising architect, engineer or designer is confronted with a nonconformance with the code during or at the end of construction, that party, together with the designing architect, engineer or designer shall effect compliance or shall notify the department of the noncompliance.
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.a. a. The building contains less than 50,000 cubic feet total volume.
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 at the Department's Web site at www.dsps.wi.gov through links to Division of Industry Services 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 SPS 361.41 Inspections.
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) (2)In-plant.
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) (c) Manufacturer's responsibilities.
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. 2. `Lost or damaged insignia.'
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) (d) Insignia suspension and revocation.
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.
subch. V of ch. SPS 361 Subchapter V — Product and Standard Review and Approval
SPS 361.50 SPS 361.50 Building product approvals.
SPS 361.50(1) (1)Voluntary approval.
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) (2)Alternate approval.
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) (3)Experimental approval.
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.
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