Chapter SPS 303

SPS 303.10 SPS 303.10 Purpose. The purpose of this subchapter is to specify procedures used by the division of industry services in the department when issuing stop work orders or stop use orders as part of the division’s responsibility to protect public safety and health and the waters of the state. Where statutory provisions specify other procedures for issuing orders for the immediate protection of safety and health, those provisions take precedence over this subchapter.

SPS 303.10 History History: CR 05-049: cr. Register July 2006 No. 607, eff. 8-1-06; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2013 No. 693.

SPS 303.11 SPS 303.11 Scope. This subchapter specifies the reasons and the procedures for issuing a stop work order or stop use order, and the procedures for a review and appeal of the order.

SPS 303.11 History History: CR 05-049: cr. Register July 2006 No. 607, eff. 8-1-06.

SPS 303.12 SPS 303.12 Definitions. In this subchapter:

SPS 303.12(1) (1) “Administrator” means the administrator of the division of industry services in the department, or his or her designee.

SPS 303.12(2) (2) “Department” means the department of safety and professional services.

SPS 303.12(3) (3) “Division” means the division of industry services.

SPS 303.12(4) (4) “Secretary” means the secretary of the department.

SPS 303.12 History History: CR 05-049: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672; correction in (1), (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2013 No. 693.

SPS 303.13 SPS 303.13 Stop work and stop use procedures.

SPS 303.13(1) (1) Reasons for issuance. Pursuant to the statutory goals regarding the protection of public safety and health enumerated under chs. 101, 145 and 167, Stats., the division may, without advance written notice, issue an order to immediately cease any construction, installation, operation, or activity or the use of a building, building component, structure or mechanical device for any of the following reasons:

SPS 303.13(1)(a) (a) There is reasonable cause to believe that the construction, installation, activity, existing condition or method of operation creates an imminent danger to public safety or health as a result of a violation of a statute or administrative rule administered by the division.

SPS 303.13(1)(b) (b) The activity is being performed or conducted by an individual who does not hold the appropriate license, certification or registration as required by statute or administrative rule administered by the division.

SPS 303.13(1)(c) (c) The construction, installation, activity or operation has not been approved or been issued the appropriate permit as required by statute or administrative rule administered by the division.

SPS 303.13(2) (2) Issuance of order.

SPS 303.13(2)(a) (a) A stop work order or stop use order shall be issued only upon the review and approval of the inspector’s supervisor.

SPS 303.13(2)(b) (b) A stop work order or stop use order shall be in writing and shall include at least all of the following:

SPS 303.13(2)(b)1. 1. Citation of the administrative rule or rules involved and a description of the rule or rules relationship to the reasons under sub. (1).

SPS 303.13(2)(b)2. 2. Identifying the application and the extent of the order describing the object, component or activity covered by the order.

SPS 303.13(2)(c) (c) A stop work order or stop use order shall include instructions for appealing the order.

SPS 303.13(2)(d) (d) A stop work order or stop use order shall remain in effect until the conditions of the order are fulfilled, or the order is rescinded or overturned under either sub. (3) or (4).

SPS 303.13(2)(e) (e) The division may post a sign or notice to the public regarding the issuance of a stop work order or stop use order. The sign or notice shall be posted in a conspicuous location and shall remain where posted until the conditions of the order are fulfilled, or the order is rescinded or overturned under sub. (3) or (4).

SPS 303.13(2)(f) (f) Relating to the construction of building, a stop work or stop use order may not extend to other activities or portions of a building, structure, building component or mechanical device that is not directly associated with the a reason under sub. (1).

SPS 303.13(3) (3) Review by the administrator.

SPS 303.13(3)(a) (a) The recipient of a stop work order or stop use order or any person who is adversely affected by a stop work order or stop use order may request a review of the order by the administrator.

SPS 303.13(3)(b) (b) A request for a review of a stop work order or stop use order by the administrator shall be in writing and shall include a statement of the specific reasons why the person believes that the issuance of the order is incorrect or inappropriate.

SPS 303.13 Note Note: Requests for a review by the administrator may be sent to Administrator, Division of Industry Services, P.O. Box 2658, Madison, WI 53701-2658.

SPS 303.13(3)(c) (c) The request for a review of a stop work order or stop use order shall be denied if the request for review is received more than 30 days after the date of the order.

SPS 303.13(3)(d) (d)

SPS 303.13(3)(d)1. 1. The administrator shall make a decision on the request to review the issuance of a stop work order or stop use order within 5 business days of receipt of the request.

SPS 303.13(3)(d)2. 2. If the administrator determines that insufficient reasons are provided in the request for a review of a stop work order or stop use order, the request may be denied.

SPS 303.13(3)(d)3. 3. The denial of a review of a stop work order or stop use order shall be in writing and shall state the reasons for denial and include information about the right to appeal the denial.

SPS 303.13(3)(d)4. 4. If the administrator determines that sufficient reasons are provided in the request for a review of a stop work order or stop use order, the request shall be granted.

SPS 303.13(3)(d)5. 5. If the administrator grants the request for a review of a stop work order or stop use order, the administrator shall notify the person making the request in writing of the date, time and location where the review will take place and who will conduct the review. The review shall be held within 10 days after the request for review is granted, unless the person requesting the review asks for and is granted an extension.

SPS 303.13(3)(d)6. 6. If a review of a stop work order or stop use order is granted, the person requesting the review shall be provided an opportunity to meet with the administrator to present statements and documents regarding the order.

SPS 303.13(3)(e) (e) The administrator shall issue a written decision within 5 business days following a review of a stop work order or stop use order.

SPS 303.13(3)(f) (f) The written decision from the administrator shall include information about appeal rights and procedures if the decision adversely affects the person requesting the review.

SPS 303.13(4) (4) Hearing by the secretary.

SPS 303.13(4)(a) (a) A person adversely affected by the decision of the administrator under sub. (3) on the issuance of a stop work order or stop use order may request a hearing on the order by the secretary.

SPS 303.13(4)(b) (b) A request for a hearing to review the decision of the administrator regarding a stop work order or stop use order shall be made in writing to the secretary.

SPS 303.13(4)(c) (c) A request for a hearing to review the decision of the administrator regarding a stop work order or stop use order shall include a statement of the specific reasons why the person believes the decision is incorrect or inappropriate.

SPS 303.13(4)(d) (d) A request for a hearing to review the decision of the administrator regarding a stop work order or stop use order shall be denied if the request is received more than 30 days after issuance of the decision.

SPS 303.13(4)(e) (e) A hearing held by the secretary or designee to review the decision of the administrator regarding a stop work order or stop use order shall be a contested case hearing. The hearing and the decision issued after the hearing shall be governed by the provisions of ch. 227, Stats.

SPS 303.13 Note Note: Requests for a contested case hearing may be sent to the Department of Safety and Professional Services Legal Counsel, P.O. Box 7190, Madison, WI 53707-7190.

SPS 303.13 History History: CR 05-049: cr. Register July 2006 No. 607, eff. 8-1-06.